Friday, March 28, 2014

Employee Reward and Recognition Plans Require a Glass Slipper

Friday, March 28, 2014
 
The issue with many reward and recognition plans is they often apply the same measurement values and provide the same payoff for different groups of employees.  While it may seem obvious that jobs such as truck drivers and accountants have little in common, some organizations measure, recognize, and reward both groups using the same criteria and formula.  It is little wonder way such programs fail to measure up to the organization’s expectations.  The goal of all employee compensation, benefits, reward, and recognition efforts within an organization is to maintain and/or modify individual or group behavior to meet the business needs of the organization.  While this may seem Machiavellian, the individual cannot succeed unless the organization succeeds.
 
Employee reward and recognition plans work best when designed and implemented with the aide, support, and participation of front line supervisors and managers.  These are the individuals who observe and interact with employees daily and should be the major decision makers as to who is or is not rewarded and recognized.  They are also the very individuals who must sell the plan and its payoffs to the workers.  Front line supervisors and managers stand the most to gain or lose when deadlines are missed, quality standards are not meet or customer satisfaction levels falter.
 
The falsely of many reward and recognition plans is that rewards must be large dollar amounts or recognition must include a 30 day world cruise.  In reality, reward and recognition must be in proportion to the efforts of the individual.  A truck driver that completes one million accident free miles and the new accounts teller who open their one hundredth new account may not receive or value the same reward and recognition.  The truck driver may value a day off to send with the family whereas teller may appreciate a gift card.
 
In an era where many organizations continue to struggle to acquire and retain talented employees, even in the face or a slowly recovering economy, reward and recognition plans can and do play a significant role in the acquisition and retention of talent.  As part of an organization’s efforts to attract and retain workers, reward and recognition stand head and shoulder with competitive pay, benefits, advancement, and development opportunities.  However, as each generation of workers are recruited; reward and recognition plans must be valued by each generational group.  Clearly, this takes an understanding of what motivates each generation with the knowledge that generational cohorts are not cut in a cookie-cutter pattern.
 
As with virtually every other aspect of our lives, social media has a role in employee reward and recognition plans.  Social media can be multiplier of reward and recognition communications by its almost instantaneous dissemination of the accomplishment.  What better way to succinctly tell the story of an employee’s achievement than through a pre-designed network of co-workers.  Such a technique is keenly effective and motivational with selective generations.

Friday, March 21, 2014

Changes in Fair Labor Standards Act (FLSA) Rules – Big Impacts

Friday, March 21, 2014
 
It should come as no surprise to anyone that a change in the Fair Labor Standards Act (FLSA) guidelines would have a significant impact on many organizations.  Just consider the current minimum earnings standard of $455 per week that is used to classify workers as non-exempt vs. exempt.  If that standard were raised to the proposed level of $970 per week or $24.25 per hour, millions of workers could be impacted by being reclassified from exempt to non-exempt.  This would then expose millions of additional primarily while-collar employees to FLSA’s overtime rules.  Such a change could impact workers in job classifications ranging from Animal Care Workers to Meeting and Event Planners.
 
A second proposed change is to the "primary duties" test.  Workers who are currently classified as exempt due to their job duties could be reclassified as non-exempt not because their duties changed rather due to a change in the rules making it difficult for employers classify them as exempt.  Workers are often classified as exempt based on the primary duties of their roles, this includes classifications such as:  Executive, Administrative, Professional, Computer-Related Occupations, and Outside Sales Employees.  The key to classifying these roles as exempt is found within the primary duties rules.
 Executive Employees
Compensated on a salary basis not less than $455 per week
Primary duty must be managing the enterprise, a department
or subdivision
Must regularly direct the work of at least two or more full-time
employees
Must have authority to hire/fire other employees
 
Administrative Employees
Compensated on a salary basis not less than $455 per week
Primary duty must be the performance of office or non-manual work
Primary duty includes exercise of discretion and independent judgment
 
Professional Employees
Learned professional employee
Compensated on a salary basis not less than $455 per week
Primary duty must be work requiring advanced knowledge
Advanced knowledge must be in a field of science or learning
Knowledge must be acquired by prolonged course of instruction
 
Creative professional employee
Compensated on a salary basis not less than $455 per week
Primary duty must require invention, imagination, originality
or talent in artistic/creative endeavor
 
Employees in Computer-Related Occupations
Compensated on a salary basis not less than $455 per week
Compensated hourly, at a rate not less than $27.63 an hour
Employed as computer systems analyst, computer programmer,
software engineer or other similarly skilled worker in the computer
field
Primary duty must consist of:
Application of systems analysis, consulting, determination of
hardware, software or system specifications;
Design, development, documentation, analysis, creation,
testing or modification of computer systems
Design, documentation, testing, creation or modification of
computer programs


Outside Sales Employees
Primary duty must be making sales
Obtaining orders or contracts for services
Use of facilities for which a consideration will be paid
Must be customarily and regularly engaged away from
the employer’s place or places of business.
Is clear, that any change to the earnings threshold and/or the primary duties test could have far reaching impacts for any organization regulated under the Fair Labor Standards Act (FLSA).

Friday, March 14, 2014

Millennial Employees Are Coming, Is Your Organization Ready?

Friday, March 14, 2014
 
Boomers revolutionized the world.  Art, civil rights, consumerism, family, government, music, recreation, society, and work were radically changed by millions of the post-WWII generation, aka, the Baby Boomers.  They represent approximately 77 million or 25% of the current population.  But wait, there is an even larger generation out there, no not the Gen-X’ers, it is the Millennial generation.
 
Millennials are estimated at some 80 million and projected to make up 46% of the US workforce by 2020 and like their Baby Boomer cohorts; they are already reshaping the world and the workforce.  And the tool they are using to reshape the world is digital, from smart phones to tablets to social media, it is all about mobility, instant access to information, and constant connectivity.  For the Millennial, the mobile device is their life line to reality.  The defining characteristic for Millennials is the extent that digital technology is integrated into their very culture.
 
Millennials are expected to have a profound impact on the workforce.  Born after 1980, over half have already entered the workforce.  From the Millennials’ viewpoint, employer loyalty is not that important, personal development and work-life balance are important, financial rewards only go so far for Millennials, and the expectation of rapid advancement is their normative expectation.  One striking finding is that over half of all Millennials perceive that organizational diversity promises have not been kept by their employers.  Millennials prefer their own digital and mobile devices rather than some standard provided by their employer.
 
As daunting as this may sound, there are opportunities out there for the organization that can incorporate the Millennials’ expectations into the company’s business goals and objectives.
 
Personal Development: Provide greater opportunities to learn and grow personally and professional in both formal and informal modes.  Provide mentor programs, in-house training, paid educational leave, and teaching opportunities.
 
Work-Life Balance:  Permit greater flex schedules, work from home, work from remote or satellite locations; provide opportunities to volunteer in schools and the community.
 
Non-Financial Rewards:  Identify high visibility project assignments and leadership roles, provide travel opportunities, temporary assignments, fast-track advancements, paid sabbaticals to do research, study or volunteer.
 
Personal Digital and Mobile Devices:  Accommodate a wide range of employee owned digital and mobile devices in the workplace.
 
While many hi-tech organizations have integrated a high degree of flexibility into their organizations, more traditional legacy employers may find it difficult to accommodate such elasticity in their daily operations.  From a strictly business perspective, employee development works only if there is a direct line between the employee’s skill development and the needs of the organization.  Not every position or employee is suitable for flex schedules or working remotely.  Organizations still must maintain a competitive compensation package, even in the face of any non-financial rewards.  Any attempt to accommodate the current and future assortment of employee owned devices is likely to raise security and supports issues with an organization’s IT management.

Friday, March 7, 2014

PPACA and Worker Mis-Classification as Independent Contractors

Friday, March 07, 2014
 
The Patient Protection and Affordable Care Act require that employers with 100 in 2015 and 50 or more employees in 2016 must provide certain employees with health care or face potential penalties for failure to do so, i.e., “pay or play”.  The recent release by the Internal Revenue Service (IRS) on February 10, 2014 of the final regulations provided further clarification on a number of critical issues including, definition of full-time employees, safe harbors, transition rules, applicable large employer status, and hours of service.  Along with the final regulations, the IRS also released 46 Frequently Asked Questions or FAQ’s and a Fact Sheet to assist employers.  Both the final regulations, FAQ’s, and Fact Sheet seek to clarify who is and is not a “full-time employee”.  This determination as to who is a full-time employee for the purposes of “Shared Responsibility for Employers” is essential to any number of provisions of the PPAA and thus who is offered health care or not as well as when.
 
FAQ # 15 defines a “full-time employee” as, “… an employee is a full-time employee for a calendar month if he or she averages at least 30 hours of [paid] service per week.”  This definition thus begs the question as to who exactly is an “employee”.  The simple answer is any “W2” wage earner is an employee (common-law employee) of the employer and may be broken down into several classifications including, full-time, part-time, seasonal, and variable hour employees.  To complicate matters, employees may move between classifications throughout a calendar year and an employer’s benefit’s Plan Year may not coincide with the calendar year.
 
Individuals who are classified as “independent contractors” are not common-law employees of an employer for purposes of PPACA and are not used in the determination of an employer’s “applicable large employer” status or the calculation of any penalties.  However, this is where the mis-classification of common-law employees as independent contractors becomes an issue.  As with the Fair Labor Standard’s Act, worker mis-classification as an independent contractor may have significant and negative legal and financial outcomes for an employer.  Therefore, it is strongly recommended that employers seek competent and professional legal and tax advice before classifying any workers as independent contractors.
 
The final regulations by the IRS addresses the concern that employers might inappropriately classify otherwise common-law employees as independent contractors.  So strong was the IRS’ concern that the final regulations included, “The Treasury Department and the IRS are concerned that the relief requested would serve to increase the potential for worker misclassification by significantly increasing the benefit of having an employee treated as an independent contractor. Accordingly, the final regulations do not adopt this suggestion.  XII. Worker Classification and Section, 4980H, page 8567