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  • On March 29th, 2023, Ohio’s U.S. Senator Sherrod Brown introduced the Restoring Overtime Pay Act of 2023. If passed, the bill would increase the salary threshold for exempt workers over the next four years and possibly longer. It would make millions of American workers eligible for overtime pay when they work more than 40 hours a week. Overtime-exempt employees refer to individuals who, due to their job duties, are not legally entitled to overtime and are, therefore, “exempt” from the laws regarding overtime pay.

    Understanding The Bill

    If the bill is passed, the salary level for overtime-exempt employees will jump to $45,000 per year, equating to approximately $865 per week. Currently, the requirement is $684 per week or $36,000 per year. In addition, the salary level would then increase by $10,000 in January of 2024, again in 2025, and in 2026, reaching $75,000 per year. Since only 15% of full-time salaried workers are guaranteed overtime pay, this act would strengthen overtime protections and guarantee that 55% of all workers will be eligible for overtime pay. Starting on January 1st, 2027, the salary level would increase again to an annualized amount equal to the rate of the 55th percentile of weekly earnings of full-time salaried workers nationally.

    What You Need To Know

    Expanding overtime pay would mean more money in the pockets of working-class and middle-class Ohioans who work 50+ hours a week. Should this act pass, business owners must be prepared to adjust their practices and ensure compliance with the new regulations. Consider the following implications your business could face:  

    • You must ensure that employees are properly classified, and paid overtime wages for hours worked over 40 in a workweek
    • You will need to track the hours worked by a larger number of employees, increasing administrative costs and may require additional resources to manage
    • Compensation structures of employees who become eligible for overtime pay may need to be adjusted to ensure compliance
    • Increased potential for lawsuits should you fail to classify employees or pay overtime wages properly

    It’s essential to stay informed about the status of this act and any changes to the law that may impact your business. Consider partnering with GMS, a professional employer organization (PEO) that will keep you updated on ever-changing rules and regulations. We provide time and attendance tracking software to help businesses efficiently and accurately track employee hours worked. In addition, we will help you manage payroll for your employees who become eligible for overtime pay, ensuring that your employees are paid accurately. Let’s take this on together so you no longer have to handle these tasks alone. Contact us today to learn more.

  • At 2:00 a.m. on November 6th, 2022, daylight savings time ends. Daylight saving time (DST) is the practice of setting clocks forward one hour from standard time during the spring and summer months. In the fall, you set the clocks back an hour to use natural daylight more effectively. Continue reading to learn its effects on business owners.

    The Purpose Of Daylight Saving Time

    This practice became federal law in the United States when President Lyndon Johnson signed the Uniform Time Act in 1966. The idea behind daylight savings is to maximize sunlight in the Northern Hemisphere as days get longer in the spring. Individuals gain an extra hour of sunlight by springing forward their clocks and falling back. However, the benefits of this practice tend to be controversial, and the shift can have measurable impacts on health. As an employer, it’s essential that you understand the following considerations as we prepare to set our clock back on November 6th.

    The period from 1:00 a.m. to 2 a.m. 

    If you have employees working on November 6th at 2:00 a.m., you may be required to pay those employees for one additional hour of work. It’s only required if the time change extends the number of hours worked. The Fair Labor Standards Act (FLSA) states that all hourly employees must be paid for all hours worked. On this specific day, your employees will have worked the hour from 1:00 a.m. to 2:00 a.m. twice. As the employer, you could modify these employees’ start and end times to avoid this conflict.

    Overtime obligations to consider

    It might also count towards overtime compensation if you choose to pay your nonexempt employees for that additional hour of work between 1:00 a.m. and 2:00 a.m. This could result in a workweek of over 40 hours or a workday of over eight hours. Prior to November 6th, you must determine your employees’ overtime compensation for the day and week to ensure you comply accordingly.

    GMS Is Here To Help

    While you have probably tackled daylight saving time before, it’s essential that you comply with all rules and regulations. At GMS, we understand you don’t have the time to sit down and read a rule book of everything you must comply with. In addition, payroll management is a long and tiring process. Stop spending time worrying about payroll and start spending time growing your business. Partner with GMS so you can have that extra hour on November 6th. Contact us today.

  • Under the Pennsylvania Minimum Wage Act (PMWA), the new state wage-and-hour regulations will take effect on August 5th for tipped and salaried nonexempt workers. The PNWA establishes a fixed minimum wage and overtime rate for employees in Pennsylvania. In addition, it sets forth compliance-related duties for the Department of Labor & Industry and employers. These changes align with additional federal regulations, including raising the tipped employees’ minimum wage to $7.25 an hour.

    New Regulation Requirements 

    Pennsylvania employers are now required to calculate the regular pay rate for salaried, nonexempt employees by adding all remuneration for the workweek and dividing this by 40 hours. In addition, to calculate the overtime pay due, the regular rate is:

    • Multiplied by 1.5
    • Then, multiplied by the number of hours worked more than 40 in that workweek

    The new formula for calculating overtime premiums for salaries of nonexempt employees is:

    • [(Weekly salary + any other remuneration not excluded under 34 Pa. Code § 231.43(a)) ÷ 40 hours] × 1.5 × OT hours = Total Overtime Owed

    This new formula for salaried nonexempt overtime workers is a departure from the Fair Labor Standards Act’s (FLSA) fluctuating workweek (FWW) method of calculating overtime premium pay for salaried nonexempt employees.

    What This Means

    Pennsylvania’s new formula for calculating overtime pay for salaried nonexempt employees was created to be more protective for workers. In addition, it will result in greater overtime pay for employees than before with the federal FWW formula. All employers in Pennsylvania should consider re-evaluating whether their practices comply with the new PNWA formula.

    Is It Time For Your Business To Invest In Payroll Outsourcing Services?

    It’s no secret that payroll management is a long and tiring process, not to mention keeping up with new regulations you must comply with. If you’re struggling, it’s time to consider outsourcing payroll administration to a professional employer organization (PEO) such as GMS. Contact us today.

  • As a result of the expected publication of a proposed overtime rule, the U.S. Department of Labor will recommend higher salary thresholds for white-collar exemptions as soon as next month. “Employers should expect a proposed salary amount that at least, approximates the amount proposed in 2016,” stated Alfred Robinson Jr., – an attorney with Ogletree Deakins in Greenville, South Carolina. The proposed salary level for the Fair Labor Standards Act’s executive, administrative, and professional exemptions could be a minimum of $913 per week or $47,476 per year. By comparison, the Trump administration in 2019 implemented a salary level of $686, which represents a considerable increase. 

    Jason Barsanti explained that the 2016 regulations were ruled to “put too much emphasis on the salary requirement, thereby effectively making the duties test[s] irrelevant.” The duties test determines which employees are exempt from overtime pay, and it depends on a variety of factors:

    • Executive exemption – Managing the enterprise, a department or a subdivision of the enterprise must be the employee’s primary duty.
    • Administrative exemption – The primary duty of the employee must be office or non-manual work that is directly related to the management of general business operations of the employer or the employer’s clients.
    • Professional exemption – Employee’s primary responsibility is to perform work that required advances knowledge in a field of science or learning that is acquired through specialized, intellectual training and study.

    A primary duty can occupy less than 50 percent of an employee’s time under these tests. Additionally, it is possible to count time spent performing both exempt and nonexempt duties concurrently.

    With the help of a PEO company like GMS, you no longer have to worry about following the latest legislative changes. Rules and regulations are constantly changing. Do what you do best. Outsource the rest.

  • Running a business is complicated enough. Having to deal with wage and hour violations only makes your ability to grow your business even more difficult.

    The majority of businesses in the U.S. are subject to the rules and regulations set by the Fair Labor Standards Act (FLSA). These rules establish standards for minimum wage, overtime pay, recordkeeping, and youth employment compliance.

    While these rules are designed to protect employees, it’s not always easy for employers to keep track of and apply these rules. It’s very easy for a simple, honest mistake to lead to an FLSA violation, which is why businesses should take the time and effort to conduct internal audits to identify any potential issues.

    Why Should Businesses Conduct Internal Wage And Hour Audits?

    The biggest reason to complete internal wage and hour reviews is quite simple – FLSA noncompliance is expensive. Violations can range from $1,000 to $10,000 each. In addition, FLSA violations could end up costing businesses in a couple of other ways. 

    According to the U.S. Department of Labor (DOL), the Wage and Hour Division took more than 24,700 compliance actions against businesses in 2021. Those actions led to more than 190,000 workers earning more than $230 million in back wages. This results in non-compliant companies owing an average of $1,211.70 in back wages for affected employees.

    In addition to back wages, financial penalties make FLSA violations even more costly for a business. The DOL will fine any company that willfully or repeatedly violates minimum wage or overtime pay requirements. These penalties include civil fines up to $1,000 for each violation.

    Repeated violations can also make a business a common target for future audits. The DOL chooses targets for wage and hour audits as part of an overall initiative or because individuals have filed complaints against a specific business. By failing an audit, the DOL has reason to check in on your business in the future for additional violations.

    An FLSA Audit Checklist

    A thorough FLSA audit includes multiple steps. Each of these steps is designed to provide a comprehensive overview of who is covered by the FLSA as well as, the different factors that can lead to violations.

    1. Review employee classifications
    2. Review regular and overtime pay calculations
    3. Review records and policies

    Employee classifications

    The first step of auditing your wage and hour practices is to examine the exemption status for all your employees. It’s essential to properly classify each employee to determine their exact employment status and whether or not they’re eligible for overtime.

    Employers conducting an audit should create a list that includes every employee. The safest way to start is to assume that every employee is eligible for overtime until proven otherwise. This employee list should include the following information to help employers determine overtime exemption status:

    • Job titles
    • Job descriptions
    • Salary information

    Once armed with this information, employers can perform a trio of tests to determine whether employees qualify as exempt or not. If an employee passes all three tests, employers can assume that they are exempt from overtime pay.

    • The salary basis test – Exempt employees must be paid a predetermined, fixed salary that cannot be reduced.
    • The salary level test – Exempt employees must meet the minimum salary threshold of $35,568, which equates to $684 per week.
    • The duties test – Employees must primarily perform a list of set duties established by the DOL.

    The easiest way to determine exemption status is whether an employee is a blue-collar worker or not. Blue collar workers are eligible for overtime, regardless of their salary. Non-salary employees are also eligible for overtime.

    When it comes to “white-collar exemptions,” employers will need to review each employee’s title, job description, and current duties. The DOL lists five separate groups as exempt from overtime pay, which are explained in-depth in our post on navigating white-collar exemptions. If a white collar employee’s duties align with any of the following groups and pass the salary tests, they are exempt.

    • Executive
    • Administrative
    • Professional
    • Computer
    • Outside sales

    Pay calculations

    Once you’ve successfully separated exempt and non-exempt employees, it’s time to review your pay practices to ensure that everyone is being compensated properly. This phase involves confirming the use of proper pay practices and calculations.

    • Ensure all hourly workers are being paid at least $7.25 per hour (or more, depending on your city/state).
    • Confirm that all employees who earned overtime were paid at least one and one-half times their regular pay rate after 40 hours of work in a workweek.
    • Double check to see if there are any employees who work in two different positions at differing rates that require special pay calculations and timekeeping practices.

    Records and policies

    An internal audit is a good time to review your company’s timekeeping policies. The FLSA requires employers to maintain a variety of records pertaining to their employees’ wages and hours. As such, your audit should confirm that your business records the following information and that all recorded information is accurate:

    • Employees’ personal information which includes, name, home address, occupation, sex, and birth date if under 19 years of age.
    • Hour and day when workweek begins.
    • Total hours worked each workday and each workweek.
    • Total daily or weekly straight-time earnings.
    • Regular hourly pay rate for any week when overtime is worked.
    • Total overtime pay for the workweek.
    • Deductions from or additions to wages.
    • Total wages paid each pay period.
    • Date of payment and pay period covered.

    How Often Should I Conduct FLSA Audits?

    In general, it’s best to perform wage and hour audits at least once a year. For example, some organizations plan a regular internal audit timed with either the beginning or end of their fiscal or calendar year.

    Another option is to conduct ongoing reviews throughout the year. This process involves more regular check-ins for compliance concerns, such as employee classifications or overtime calculations for new employees. Employers can also combine a comprehensive yearly audit with quarterly inspections to be as proactive as possible about FLSA violations.

    Stacey Larotonda, Vice President of Client Services at GMS, emphasizes, “FLSA self-audits should be done by every business on a consistent basis. It’s an easy way to make sure you aren’t hit with a significant fine should the Department of Labor want to audit you. Spending a little time on the front end can save you lots of money in the long run.”

    Protect Your Business From FLSA Violations

    A simple timekeeping mistake is all it takes to land your company in trouble with the DOL. Internal FLSA audits are one tool that employers can use to protect their business from misclassification, timekeeping errors, and other challenges. However, sometimes business owners can use some additional support.

    Simply put, most business owners don’t have the time to handle every tedious administrative task. GMS partners with businesses to help them simplify their core business functions. GMS provides your business with experts and a comprehensive web-based payroll solution to help you save time and protect your business against FLSA violations, wage and hour laws, and other costly issues. Our experts help business owners with:

    • Contractor vs. employee status
    • Recordkeeping
    • Overtime exemptions
    • Child labor

    Ready to streamline your payroll process and other HR tasks? Contact us now about how GMS can make your business a safer place.

  • A couple of weeks ago, prefaced by an op-ed piece written by President Obama, the Department of Labor issued new directives on overtime rules. As with most government regulations, however good the intention, the result on small business owners will be a creation of “additional costs and record-keeping headaches” according to the National Federation of Independent Business (NFIB).

    Find out how the Department of Labor’s new overtime rules may affect you.

    What the New Overtime Rules Mean for You

    At issue are exempt vs. non-exempt employees and the potential costs that will be created for small business owners. Under the old rules, any manager working over 40 hours were exempt from overtime pay as long as they earned more than $23,660 per year. Under the new rules, that threshold has been raised to $50,440, a 113% increase.

    While this may seem like a small and just issue, the ramifications are massive. In addition to the additional record-keeping now tied to tracking overtime hours for more employees, this will also have an impact on a small business owner’s profitability. Those who are already working on thin margins now have to factor in additional costs should their managers work more than 40 hours a week. Many of these people were given these positions and titles to help the employer control their costs. Under this scenario, managers can leave early without impact, but can benefit by working longer hours. One of the potential side effects will be the elimination of more salaried people.

    What this will also potentially do is limit promotion and managerial opportunities for lower income workers, the opposite effect of what the people supporting these laws were hoping for.

    Learn More from the Experts

    Are you not sure how these rules impact you? Do you have exempt and non-exempt employees and thought you had all of this figured out? If you don’t know or are unsure where to go to get answers, maybe a Professional Employment Organization can help. Contact us today to find out more.

  • Update: Federal judge blocks overtime rules a week before they take effect. Learn more in our new post.

    As a small business owner, it is crucial that you stay current on the latest government regulations affecting your business and employees. Effective Dec. 1, 2016, the salary threshold for overtime eligibility will increase from $23,660 to $47,476. This means that anyone earning a salary under the new threshold will now be eligible for overtime pay for any time worked beyond 40 hours in a week. 

    The Department of Labor estimates there will be approximately 4.2 million workers affected who will now be eligible for overtime. Business owners must reevaluate their current workforce to meet the new requirements. The Department of Labor will automatically update the salary threshold every 3 years moving forward to match the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region. 

    Image of an employer worried about the new overtime rules.

    Options for Employers Affected by the New Overtime Rules

    Employers will be faced with difficult decisions moving forward. Simply limiting employees to 40 hours or paying newly eligible employees time-and-a-half for overtime is not feasible for most business owners. 

    One option would be to raise the wage of workers who are close to the threshold to avoid having to pay overtime. For example, if Frank works a manufacturing job at a salary of $45,000, his employer may give him a raise over the threshold knowing that Frank consistently works over 40 hours every week. 

    Another alternative is to lower the salary of newly eligible overtime employees to account for the overtime you will now be required to pay. The problem is that employees will obviously not respond well to a decrease in pay. Furthermore, employers may see decreased productivity in employees now seeking an increase in overtime hours in order to compensate for their lower pay. Beyond that, this employee will now be required to punch a clock, losing the sense of accomplishment as a salaried employee. 

    According to a survey of HR professionals by the Society for Human Resource Management (SHRM), “67 percent said that, if the proposed regulation lead to an increase in eligibility for overtime pay, it was likely that employees would have decreased flexibility and autonomy.” 

    Employers who once provided employees the freedom to leave early and complete tasks from home, will now be forced to strictly monitor any work activity to conform to the new regulations. According to the Department of Labor, employers who do not comply will face steep consequences, with penalties of up to $1,100 per violation.

    Keep Track of Overtime with a PEO

    This new law is just one in a line of ever-evolving labor regulations that small business owners face every day. Contact GMS today and let us show you how our integrated HR system uses your payroll data to track hours and wages in order to keep your company compliant. That way we can take on the liability while you focus on growing your business!

  • A federal judge has blocked the upcoming Department of Labor (DOL) overtime rule instituted by the Obama Administration. The rule was set to take effect Dec. 1, 2016, increasing the salary threshold for overtime eligibility from $23,660 to $47,476. This would have made any workers under the threshold eligible for overtime pay for over 40 hours worked per week. 

    Image of a judge. Read about how a federal judge has blocked the new overtime rules.

    According to Reuters, “U.S. District Judge Amos Mazzant, in Sherman, Texas, agreed with 21 states and a coalition of business groups, including the U.S. Chamber of Commerce, that the rule is unlawful and granted their motion for a nationwide injunction.”

    The group was granted a nationwide preliminary injunction, meaning they were able to prove that the law would cause “irreparable harm” to employers.

    “The judge said the Labor Department regulation exceeded the authority granted it by Congress, which he said gave Labor the right to define which workers are considered salaried but only based on the duties they performed, not by how much they made,” according to The Washington Times. 

    The DOL estimated there would have been approximately 4.2 million workers affected by the new law. Business owners would have been forced to reevaluate their current workforce to meet the requirements. 

    The Labor Department issued a statement regarding the decision stating, “We strongly disagree with the decision by the court, which has the effect of delaying a fair day’s pay for a long day’s work for millions of hardworking Americans.”

    The DOL has the ability to appeal this decision, but the incoming administration can then drop any appeal of the ruling.

    One way employers can assure they are keeping up with any changes to the law or other upcoming legislation is by working with a Professional Employer Organization like Group Management Services. We take on the administrative burden, so you can focus on what matters. Contact us today to learn more.

  • Non-compliance can cost businesses a lot of money. If you’ve read our posts before, you’ll know that the benefits of staying compliant are things that we’ve harped on before, but it’s worth repeating, especially when small business owners pay billions of dollars each year in payroll tax penalties. It’s especially true when it comes to something as problematic as multi-state payroll compliance.

    The problem with multi-state payroll compliance is that the rules you followed for your home state may not be the same as the other states where you do business. Each state has different payroll standards, meaning that you may not be nearly as compliant as you thought you were.

    Potential Multi-State Payroll Compliance Issues to Consider

    It can already be tricky to keep track of compliance needs, but adding multiple state locations just amplifies the issue. A few such areas of concern include:

    • Minimum wage
    • Income tax withholding
    • Leaves of absence regulations
    • Common ownership concerns
    • Workers Comp regulations

    We’ll use minimum wage as an example of just how quickly multi-state considerations can get out of hand. Let’s say that you’re a business based in Ohio that hires a lot of employees at minimum wage. If you have an operation in California, you’re going to be expected to pay California’s minimum wage of $10.50 an hour instead of Ohio’s $8.15 as of 2017, even if you’re mainly an Ohio-based business.

    While that may seem simple enough, there’s more. Twenty states increased their minimum wage rates at the beginning of this year. Also, you may not know that there are some cities and counties that observe different minimum wages than their state’s standard. For example, Cupertino, Calif. follows a $12 minimum wage as of Jan. 1, 2017, and they’re not alone. As of March 9, 2017, the U.C. Berkeley Labor Center lists 41 counties and cities across the country that observe a different minimum wage than the rest of their respective states.

    There are also other considerations than just the minimum wage, such as overtime pay rates. According to the Department of Labor, Minnesota’s basic minimum rate changes depending on whether your enterprise has annual receipts of more than or less than $500,000. While premium pay after designated hours kicks in after a 40-hour work week, it doesn’t kick in until after 46 hours in Kansas. Each state has their own specific differences that can create a huge problem for businesses who just based their payroll compliance on their home state.

    Avoid Payroll Compliance Issues Across Multiple States

    As you can tell, keeping track of payroll compliance across multiple states can be extremely complicated. It’s critical that you notify your payroll team about work situations in different states as soon as you can. That way whoever handles your payroll tax management can get a head start so that you can avoid costly non-compliance issues.

    If you’re a small business owner, there’s a chance that payroll compliance responsibilities fall on your shoulders, or on someone else who isn’t necessarily trained to handle payroll. If the thought of managing multi-state payroll compliance seems too intimidating, we’re happy to help.

    As a Professional Employer Organization, we have the experts you need for payroll tax management. Contact us today to talk with one of our experts about how multi-state compliance issues may affect your business and how we can help you stay compliant.

  • Whether you have a single paid employee or run a small business with many employees, you need to pay attention to payroll. However, payroll involves more than cutting a few checks. Good payroll management is comprised of several different functions that help you properly pay your employees and keep your business compliant with government regulations.

    Payroll documents for a business handling payroll management. 

    Processing Paychecks

    While payroll management involves more than just paying people, proper paycheck processing is still a critical function. Employees don’t appreciate paycheck errors, so a payroll manager needs to verify several details that go into an employee’s compensation. This includes verifying salary and hourly rates while also accounting for regular and overtime hours. Additional compensation in the form of vacation time, holiday pay, and other factors may also apply.

    Another part of processing paychecks is applying any necessary deductions. Some of these deductions, such as federal income tax, are mandatory. Other are optional depending on the employee. For example, an employee who has opted into a company’s group health insurance and 401(k) plans will have insurance premiums and retirement contributions deducted from his or her paycheck.

    Handling Payroll Taxes

    Your employees aren’t going to be the only people upset if you don’t correctly process payroll. Roughly 70 percent of the IRS’ annual revenue is made up of payroll taxes. This means failing to pay payroll taxes can be a costly mistake, as businesses are hit with billions of dollars in payroll tax penalties each year. 

    Payroll managers need to weigh several factors to determine tax deductions, as different regions will have different tax rates. Then they must complete several forms documenting payroll taxes, which includes filing W-2s for each employee by Jan. 31 and completing a 941 form that reports the employment taxes an employer withholds and contributes each quarter. Not only do these files need to be filed accurately, they need to be filed on time, which can be difficult for someone without any training in payroll tax management.

    Keeping Records

    In addition to payroll tax compliance, payroll management also includes a great deal of recordkeeping. The Fair Labor Standards Act (FLSA) requires employers to keep accurate records for every non-exempt worker. These records include:

    1. Employee’s full name and social security number
    2. Address, including zip code
    3. Birth date, if younger than 19
    4. Sex and occupation
    5. Time and day of week when employee’s workweek begins
    6. Hours worked each day
    7. Total hours worked each workweek
    8. Basis on which employee’s wages are paid (e.g., “$9 per hour,” “$440 a week,” “piecework”)
    9. Regular hourly pay rate
    10. Total daily or weekly straight-time earnings
    11. Total overtime earnings for the workweek
    12. All additions to or deductions from the employee’s wages
    13. Total wages paid each pay period
    14. Date of payment and the pay period covered by the payment

    The FLSA also states that payroll data should be kept on file for three years. Records that involve wage computations should be kept for two years, such as work schedules, time cards, and other related documents. A payroll manager can ensure that these documents are stored electronically in case the Department of Labor [DOL] ever decides to check in on a business.

    Employee Accessibility

    It’s important to have financial documents readily available for the DOL, but employees should also be able to access key payroll information. An online employee portal like GMS Connect gives workers a secure online place where they can access personal information, such as:

    • Benefits summaries
    • 401(k) summaries
    • Check history and deduction totals
    • Direct deposit details
    • Time clocks
    • Paid time off 

    In addition, GMS Connect allows employees to download and print out important documents such as W-2s, change tax settings, and make payroll inquiries, which gives your employees the power to answer their own questions come tax season.

    Simplify Payroll Management with the Help of a PEO

    Payroll isn’t easy. As a small business owner, you may not have an HR department to deal with the responsibilities and liabilities of payroll management. However, that doesn’t mean you need to manage payroll on your own.

    Outsourcing payroll administration to a Professional Employer Organization can help you ease the burden of managing payroll for your business. GMS can help you handle all the important financial details, allowing your business to effectively manage payroll and stay compliant. Contact GMS today to talk to one of our experts about how outsourcing payroll administration can benefit your business.