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Posted on October 15, 2020June 29, 2023

Work schedule laws and enforcement to expect in 2021

timeclock, wage and hour, schedule, timesheet rounding

Predictive schedule laws began in San Francisco in 2013, and from there different cities and states have enacted legal protections as well. These work schedule laws have been gaining momentum ever since.

However, come COVID-19 and challenges it’s brought to organizations nationwide, the momentum has shifted. Both employers and employees are struggling in their own ways, and employers must manage this new normal while maintaining compliance with workplace laws. 

Even in this state of uncertainty for employers, the reality is that fair workweek laws help bring stability to employees’ lives. Advocacy organizations stress the importance of this legislation that makes planning child care easier, makes it possible to take on a second or third job and often bans shifts so close to each other that employees lack a proper rest period, said Marta Moakley, legal editor at XpertHR. The idea here is that employers should learn boundaries and respect employees’ time outside work. 

Also read: Shift scheduling strategies can be improved through technology

Moakley does not expect a huge push for new fair workweek laws in 2021, given how stressed so many industries and organizations are. That being said, there are still laws already in effect and opportunities to include flexible workweek provisions in other regulations. 

Predictable schedule laws and COVID-19

During the COVID-19 pandemic, certain work schedule laws have been especially difficult for employers to meet, Moakley said. For example, some predictable scheduling laws require a pay premium called predictability pay in which if an employee does not get advanced notice on their schedule, they get additional money. Depending on the location, employers may need to provide a schedule for employees up to 14 days in advance. 

“There’s that additional payment and additional penalty on an employer. As you can imagine in the current pandemic condition, these kinds of onerous requirements for employers may be extremely difficult to meet, so a number of jurisdictions and local governments have been looking to provide employers some relief,” she said. 

For example, Philadelphia passed a predictable scheduling ordinance that was originally supposed to go into effect Jan. 1, 2020 on an “extremely aggressive timeline,” Moakley said. The city ended up delaying the requirements until April 1, 2020 due to the pandemic, and while companies may need to comply with other portions of the law, certain provisions like the predictability pay premiums are still not being enforced because of pandemic conditions. 

Which employers get relief may depend on what industry they’re in, she added. COVID-19 has affected the hospitality, retail and restaurant industries in different ways. A retail employer may have had to shut down operations for weeks or even months while restaurants, on the other hand, may have remained open in limited capacity as an essential provider of food.

“Looking forward to 2021, we really have to think about, what will be the market tolerance for enforcing these kinds of provisions, and [are they fair?] with respect to certain industries that may be greatly affected by the pandemic?” Moakley said. “If we’re still in a recession then, I think employers will have a really good argument that their focus should remain on safety and security at this time.”  

On the other side, the pandemic has also illuminated the plight of the employee and some of the inequities between workers at the top and bottom of the ladder, she added. 

There are advocacy organizations advocating for hourly employees and communicating to employers that “we know you’re having a tough time. We understand your argument, however, employees also have to deal with the effects of COVID-19, including unpredictability with respect to school and with respect to health,” she said.

timeclock, schedule

She added that while there have been pending fair workweek bills in Illinois, New Jersey and Massachusetts in 2020, there has been no traction with new predictable schedule bills this year. “I think most of it has to do with the pandemic,” she said. 

Still, employee-friendly scheduling provisions wouldn’t necessarily need to be packaged in a fair workweek law and could be included in other types of regulations, she said. For example, Tennessee has a pregnancy accommodations law that went into effect Oct. 1, 2020, and it includes modified work schedules and flexible scheduling for prenatal visits as an employee-friendly scheduling provision. 

Rethinking common workplace assumptions 

The genesis of these work schedule laws is lawmakers trying to correct the power imbalance between employers and employees when it comes to scheduling. Moakley said she is seeing more dialogue between employers and employees now with the consequences of the pandemic. The more forward-thinking employers are doing what they can to expand leave and allow more intermittent or flexible leave for employees. 

The pandemic has led to greater acceptance of the reality of racial and economic inequalities, and these external drivers are leading to better workplace cooperation and communication, she added. Employers are appreciating employees more for being dependable and dedicated and coming to work even under hazardous pandemic conditions, and employees are appreciating that they have a job, can continue working and don’t need to rely on unemployment benefits. 

Also read: Employee scheduling after COVID-19

“There is this greater acceptance of the reality of inequities within the workplace and a renewed sense of working toward a better tomorrow,” she said. “Intelligent minds will differ on their choice of policy — whether more broad regulation would solve it or whether more targeted regulation would get better results —  but I think the fact that we haven’t really seen anything being adopted this year means that there is more cooperation along these lines.” 

Rely on communication and best practices

Not just regarding predictable scheduling practices but with employment law overall, employers need to be looking at best practices now and really trying to retain their best employees, Moakley said. If they have a scheduling request — especially under the circumstances 2020 has introduced —consider what can be done for them. There may be an issue with child care or a health concern that isn’t covered by the company’s leave policy. This type of uncertainty is not uncommon now. 

“Having an open avenue of communication with employees, relating to them and trying to work together works wonders for everybody’s benefit,” Moakley said. 

Also read: Leave management should be as simple as submit, approve and hit the beach

She also suggested that organizations document what they are doing to support employees and offer flexibility to them, even if it is not required by law. Some employers may be genuinely trying to give employees flexible schedules whenever possible or to offer them shifts they wouldn’t otherwise have access to if they need extra hours, rather than seeking out outside workers. In any case, it’s still possible that an employee may file a lawsuit against this employer. 

“Do yourself a favor and document, even if you’re not required to. Show that you are following the rules, that you’re a good employer, [and] that you’re doing right by your employees. And then in the event that somebody comes to check on you, you have the records to back you up,” Moakley said.

Posted on August 18, 2020June 29, 2023

Proper shift coverage requires more communication and better technology

Proper Shift Coverage

Creating a good schedule can be difficult, and laws in certain states and cities may place restrictions on things like how far in advance you create a schedule or if employees can work back-to-back shifts. Meanwhile, various trends of the 2010s and disruptions in 2020 have shifted some of the scheduling norms that managers used to rely on. 

David Kopsch, a principal at Mercer’s Atlanta office, discussed how managers can create well-staffed shifts. Whether in more stable or more uncertain economic times, this guidance can help managers. 

Communication is key

At the most fundamental level, there must be clear means of communication between managers and employees about the basics of the shifts like: What are the hours of operation? How early must workers arrive before doors open? How late should workers expect to stay after closing? 

Managers should also keep lines of communication open with employees, Kopsch said. They can learn the hours employees want to work and the hours they’re available. Listening to employee input when possible can help employees feel like they have a little more control over their schedules. 

An uptick in technology solutions 

There has been an increase in the adoption of technology that can help with determining staff coverage, especially in times of major disruptions, like COVID-19, Kopsch said. More organizations are either contracting with vendors or developing their own applications, which helps both managers and employees feel more confident that schedules are accurate and compliant with whatever scheduling regulations may apply to the worksite.

On-call shifts are getting a backlash

While employers may still be interested in on-call shifts to ensure that a shift is perfectly staffed, there’s been pushback recently on this practice, Kopsch said. And some new scheduling regulations have put restrictions on on-call shifts or require employers to pay an on-call employee even if they do not end up working. 

More accurate labor forecasting is one solution to make managers less dependent on on-call shifts by more accurately determining how many employees are needed for a given time and making understaffing or overstaffing less likely. 

You don’t need to rely on predetermined shift patterns

While there are shift patterns managers have historically relied on, they aren’t necessary for proper shift coverage, Kopsch said. Workers in general are requesting more flexibility with their schedules, when they’re available to work and when they want to work.

In the past employers may have offered an opening shift from 7 a.m. to 3 p.m. and a closing shift from 3 p.m. to 10 p.m. But such set-in-stone shifts may not work for an employee who has to take their children to school in the morning. They may be available for an 8 or 8:30 shift but not the 7 o’clock shift, which is doable if managers rely on a more flexible scheduling system.

The pivot toward more flexible scheduling began about five years ago, Kopsch said. The more rigid shift coverage structure meant employers had a more difficult time finding employees, especially if employees worked second jobs, took classes or had child care or elder care responsibilities. Flexibility allows employees the opportunity to work somewhere they otherwise couldn’t because of these other responsibilities. 

Proper Shift Coverage

Ultimately, flexibility makes employees feel more respected and strengthens the employee value proposition. 

This is especially true during times of disruption, like COVID-19. Businesses may now have different hours of operation and sanitation rules that impact an employee’s hours, and employers need to be even more flexible to employees in this new environment, Kopsch said. 

Stay competitive even in times of high unemployment 

Flexible scheduling is a competitive advantage for organizations interested in creating a high employee value proposition. This competitive advantage is important even when the unemployment rate is high, Kopsch said. While logic presumes that employees want to work more than ever in these times, the reality is that organizations still have to create a compelling experience and a positive environment for employees to want to work for them.

When someone is out of work, it may be because they have responsibilities like child care or parental care that inhibits them from finding a day job to pay the bills, Kopsch said. If an employer is competitive in how they schedule shifts and how much they take employee input into account when creating schedules, workers in situations like this may be able to take the job. 

Also, employees appreciate choice. They want to work somewhere they can be themselves, feel safe and, as a result of employment, meet their needs. Then they will feel committed to the job and go to work, Kopsch said. 

“But if they perceive that the employer’s brand does not resonate with them or the wages the employer pays are not going to meet their needs, then it’s likely the employer needs to take action on that,” he added.

 

Posted on July 9, 2020September 8, 2022

Common scheduling problems: Addressing staff turnover and improving retention

warehouse workers, hourly employees

Employee turnover is a big issue for many employers who hire hourly workers and can help contribute to common scheduling problems like understaffing or last minute schedule changes. And the industries with the highest average turnover are the ones that generally have more hourly workers: 

According to the 2018 Mercer U.S. Turnover Survey, which looked at 163 U.S. organizations, the three highest turnover industries are: retail & wholesale (60.5 percent average turnover), other manufacturing (26.7 percent) and consumer goods (21.5 percent). Meanwhile, those with the lowest turnover include life sciences (14.5 percent), insurance (15.5 percent) and banking/financial services (16 percent).

For businesses, turnover means spending more time and money on the recruiting, hiring and training process. And it also means that making schedules may get complicated when the staff list is constantly changing and when surprise absences come up after someone has quit.

But company leaders and managers are not powerless here. Here are some ways they can address high staff turnover and avoid some of those pesky, common scheduling problems that make managers’ jobs just a little more complicated.

Understand why employees leave

One reason for turnover is when an employee perceives inequitable treatment in the workplace, according to the Academy of Management, which published the paper “Inequity and Its Relationship To Turnover Among Hourly Workers” in 2017. 

The paper explored this relationship within the major production shops of the Boeing company and found that at best inequitable treatment leads employees to not be their most productive selves. At worst, they will leave the job. There are a few ways organizations can address this, the paper added, such as by improving working conditions if necessary and by paying attention to how supervisors treat workers and responding appropriately. 

The adage “employees leave managers, not companies” is a subject of debate among the HR community, but research does support it, said Robert Teachout, legal editor at consultancy XpertHR. The studies above are just a couple that show the potential negative effects of bad management practices.

Bad management practices include not being supportive of employees and being too harsh on employees for making certain mistakes. It boils down to a general lack of respect, Teachout said. Employees want the same basic things, he added: to be treated with respect and fairness, to do something that matters at their job and to get the opportunity to learn, grow, develop and be promoted. 

Teachout used the example of the type of manager that remembers all the mistakes an employee makes but never recognizes the good things they’ve done. When an employee is reviewed unfairly like this, that may contribute to them wanting to leave the job. 

Also read: Absence management is increasingly vital for managers to understand

Provide training for managers

From the manager’s point of view, many of them have been promoted because they were good at their job. But they don’t get training on certain people management skills upon getting that promotion, Teachout said. It’s up to the higher-ups at a company to prepare managers with the needed communication skills like how to engage with employees or how to have difficult conversations with them. 

This type of training is more important for front-line managers than for more mid-level managers, Teachout added. Front-line managers have a direct relationship with staff and have the opportunity to make or break employees’ experiences working for the company. 

“[They] can do more damage. That’s where toxic workplaces get created a lot of the time. The frontline managers don’t know what they’re doing, and you give them a checklist and therefore they don’t act like human beings,” Teachout said.

Lack of hours and flexibility

According to a 2017 FSG and Hart Research Associates survey, 83 percent of employees said if they had more control over their work schedules, they’d be more likely to stay at their current job. 

Also, 61 percent of those surveyed said they’ve struggled at work because they have a hard time making enough money to pay for basics like rent and food. More hours are especially helpful to these people. “Offering existing workers additional hours, rather than hiring new workers, may be one way to save on costs and improve employee satisfaction,” the survey conductors wrote in an article for Harvard Business Review.

There are several strategies to respond to these employee concerns, the article stated. For one, companies can better train managers to support their teams and build a better team/workplace culture. Secondly, employers can offer hourly employees more opportunities for job growth within the company. Third, as lack of flexibility is one of the most common scheduling problems, organizations can be more open to offering predictable schedules to employees.

Also read: Shift scheduling strategies can be improved through technology

 Reconsider existing workplace policies 

While employees do often leave bad managers, bad policies make it even easier for employees to quit, Teachout said. These other factors could include low pay, a lack of benefits or the lack of the opportunity for advancement. 

For example, the COVID-19 pandemic has brought to light the fact that many essential, hourly workers do not get paid sick leave or certain other benefits, Teachout said.

“One would think [that] out of self-interest alone, the restaurant and retail industries would look and say, even if we’re not required to provide paid sick leave, let’s provide paid sick leave. Because it only takes one person with an infectious disease coming in — because otherwise they don’t get paid — to shut down your business for months,” he said. “So isn’t it more cost-efficient to give them paid sick leave and say, ‘If you’re sick, stay home?’”

More than just putting policies in place, organizations must also train managers on how to apply these policies to the workplace equitably and fairly, he said. For example, a grocery store manager may allow through some flexible work policy for a woman to come into work and leave work a little early so that she can pick up her kid from childcare. If the manager does not allow the same for a father, that could be viewed as discrimination. Managers must make sure they are not violating the law when they’re dealing with company policies.  

“You want to create a workplace that people want to work at,” Teachout said. “If people feel this is a place they want to work at, they feel loyalty. They get a sense of teamwork, a huge piece of the puzzle that gets missed all the time. When people work as part of a team, they feel more loyalty and are more engaged than people working individually. ”

 

Posted on June 2, 2020June 29, 2023

Employers grapple with laws about work schedules

payroll, software

Chicago’s fair workweek law goes into effect on July 1, 2020. 

Chicago joins the ranks of other cities like San Francisco, Emeryville, San Jose, Berkeley, New York City, Seattle, SeaTac and Philadelphia that have predictive scheduling laws. Oregon, meanwhile, is the only state with one of these laws in effect, while New Hampshire and Vermont have more limited scheduling-related laws. 

The past few years has seen a wave of predictive scheduling laws, making it a hot topic in industries like retail and hospitality, said Ari Hersher, partner at Seyfarth law firm. Hersher described predictive scheduling as “the next big thing” — much like a wave of paid sick leave laws that began surging in the late 2010s and created a patchwork of local and state laws across the United States. COVID-19 has only increased this trend of paid sick leave laws.

Also read: Shift scheduling strategies can be improved through technology

shift scheduling, technologyThe COVID-19 pandemic has had a few notable impacts on fair workweek laws in 2020, he added. Industries like retail, food service and hospitality that have been greatly impacted by the pandemic are also the industries primarily impacted by predictive scheduling laws. While COVID-19 has not stopped cities and states from enacting the laws currently in place, it’s uncertain if new laws will continue with the same momentum as they did pre-pandemic.

“It remains to be seen what will happen post-COVID. I think there will be an interesting push and pull,” Hersher said. “There will be a strong desire to not overly restrict these businesses like retail that have been so devastated by the coronavirus, but also [give] all these employees — who may have kids out of school or need to work multiple jobs in order to manage — the scheduling stability and notice that they can manage their lives.”

COVID-19 aside, these laws already exist in several municipalities. Hersher went over these laws about work schedules and how employers can work with them. 

Also read: How to reduce compliance risk

The meat of these laws 

Laws vary by city or state, but they generally include four common provisions, according to the National Retail Federation. These provisions are: 

  • Advanced posting of schedules.
  • Employer penalties for unexpected schedule changes.
  • Record-keeping requirements for employers. 
  • Prohibitions on requiring employees to find replacements for scheduled shifts if they are unable to work.

Predictive scheduling laws are meant to address common concerns hourly employees have, including unpredictable, unstable and often insufficient work hours. As a 2018 Economic Policy Institute article explained, “Employers in some industries have increasingly adopted scheduling practices that leave workers in desperate need of additional work yet hampered in their ability to actually seek supplemental work elsewhere or find a new job altogether.”

Certain scheduling practices that some employers adopt “shift more of the risk and costs of doing business from firms onto their employees,” the article continued. For example, they may require employees to maintain “open availability” for all hours the store is open, giving them basically no input in the days or times they work. 

Also read: Leave management should be as simple as submit, approve and hit the beach

Impact on employers

These laws put a strain on employers, for whom most scheduling changes aren’t intended, Hersher said. Employees may call in a few days or hours before their shift starts, leaving employers little time to find a replacement. They need flexibility to create good schedules.

Also read: Predictive Scheduling Laws — What Are They, Where Do They Exist and Employers’ Reaction

The financial penalties for breaking predictive scheduling laws are substantial for employers, he added. 

In addition, some employers may have to comply with multiple predictive scheduling laws, depending on what states or cities they operate in. Complying with this patchwork of laws is complicated and requires different workplace policies for different locations. 

The Society for Human Resource Management suggests that employers should audit their locations. “A centralized staffing model can quickly become outdated, or even worse, a liability. Location-specific policy changes may need to be made, and managers may require retraining on how to handle staffing shortages.” 

Also read: 3 Steps to Navigating Effective Wage and Hour Compliance

Potential solutions

Using predictive analytics to create schedules weeks in advance is one solution to avoid overstaffing and  understaffing, Hersher said. Certain technology solutions may help, too, if they can help employers take different regions’ predictive scheduling laws into account as they create schedules.

Communication is also key. Some newer predictive scheduling laws include the “suggested interactive process,” he said. This is optional but encourages employers to have a dialogue with new employees. Usually, when someone begins an hourly job, their manager tells them what their days and hours will be. With the interactive process, the new employee can have their say in the conversation. “I have another job or other responsibilities these days and times, but what about this schedule instead?”

The employer has the ultimate decision over the employee’s schedule, Hersher said, but having that conversation can help employees feel respected and heard. 

Laws about work schedules during the COVID-19 pandemic 

Fair workweek laws are still in place and being enforced in the midst of COVID-19, Hersher said. For example, in San Francisco the Office of Labor Standards Enforcement is continuing to pursue complaints, file investigations and move forward with these laws like before. On a city-to-city basis, there are realistically different enforcement levels, he said,  but it’s important to remember that municipalities or agencies don’t need to pause their enforcement work in light of store closures. 

“Retail is already facing a lot of challenges. And whether the government wants to put a lot more financial burden on their existence is something they’ll really have to consider,” Hersher said. “It’s a delicate balance to come up with a law that doesn’t force shops to close but is also protective to employees.” 

Hersher believes the conversation around predictive scheduling will have to evolve because of coronavirus. 

While predictive analytics generally can help businesses with employee scheduling, it will be much more difficult to predict scheduling needs for the next year and half or so because of the pandemic, he said. Historical data from previous years may not be applicable in post-pandemic times, and businesses don’t know to what degree people will return to restaurants and stores.

He suggested that employers do what they can to create schedules far in advance and focus on honest conversations with employees. 

“Employers can say, ‘We’ll give you 30 days notice, but please understand that our scheduling needs are volatile,’ ” he said. “People should [try to] understand each others’ needs and be mindful of them.”

Employers can also communicate to all their employees and explicitly ask who would want additional hours if they become available and what other days and times they could work. Taking a proactive measure like this can help both sides in helping employees get more hours and helping employers get the people they need. 

Posted on May 25, 2020July 11, 2023

How to reduce compliance risk

Compliance is complicated and time-consuming, and employers don’t have the time to become experts in every rule or regulation that impacts their business. For any organization, addressing how to reduce compliance risk requires the right external and internal resources. 

Failure to adhere to compliance requirements exposes an organization to lawsuits, costly fines and other penalties as well as negative publicity and harm to business reputation, noted XpertHR in its report “Top HR Compliance Challenges for 2020.” The organization surveyed 700 HR professionals, 28.3 percent of whom said recruiting and hiring was their top concern. Meanwhile, 16.2 percent said  so about benefits and 10.1 percent about pay and scheduling issues.

Of those challenged by pay and scheduling issues, 13.3 percent said they are extremely challenged by the misclassification of exempt and non exempt employees, compared to only 6.6 percent in 2018. And 9.8 percent feel extremely challenged by state and local minimum wage increases, down from 12.9 percent in 2017.

In 2020, 21 states and many localities —  including 20 in California alone —  will be impacted by minimum wage increase, the report noted. 

Also read: Labor compliance software sorts through complex legal issues

XpertHR Legal Editor Beth Zoller said that it’s also important for employers to be proactive about trending issues like harassment training, hairstyle discrimination, pregnancy accommodations and prohibiting pre-employment drug testing. 

No matter what the compliance issue, there are many ways to efficiently address how to reduce compliance risk, ultimately benefiting both employees and employer. 

Also read: Regulating recruiting amid constant technological innovations

Workforce planning

In the XpertHR survey, 8.3 percent of respondents said workforce planning was their top compliance concern. Zoller defined “workforce planning” as “the continual process an employer uses to align the organization’s business needs and priorities with those of its workforce to make sure it can comply with legislative, regulatory, service and production requirements and organizational objectives.”

Among today’s global workforce, she said, employers must understand both the internal and external factors that impact workplace processes like recruiting, retention, training and performance management. 

These internal and external factors include the rise of flexible working arrangements and remote workers, the use of independent contractors to replace traditional workers, and the use of technology to increase communication and productivity, Zoller said. All these are areas in which employers must be careful to be compliant with the various regulations, such as those regulating remote work, classifying employees correctly.

Also read: Tax compliance a key consideration for remote work policies

Benefits compliance

Benefits compliance was the second biggest compliance concern for employers, according to the XpertHR survey. Dorian Smith, national practice leader for Mercer’s Law & Policy Group, specializes in health and welfare benefits. 

There are different trusted advisors HR or workforce management professionals can reach out to for different buckets of compliance, he said. For health benefits, representatives from the insurance carrier or third-party administrator can provide guidance. Attorneys specializing in ERISA can help answer retirement-related questions. Complying with a variety of regulations means partnering with a combination of different advisors that cover an employers’ bases. 

Employee leave laws

Even before the COVID-19 pandemic introduced new employee leave requirements through legislation like the Families First Coronavirus Response Act, the paid leave landscape in the United States was a “hornet’s nest,” Smith said. COVID-19 rules simply added another layer to an already complicated paid leave environment, where employers often must pay attention to different state and local laws that could affect their business. 

Whichever HR or workforce management professional deals with paid leave at an organization should maintain a relationship with the carrier that administers the leave program, and a major carrier should have an understanding of the paid leave environment, Smith said. Still, while they can provide support to navigate the organization through compliance, they generally don’t provide strategic support, he added.

He gave an example of an organization that is looking to shut down a location. They may have the right to do so compliance-wise, but strategically they should think about the make-up of the workforce in that location. Are they predominantly older or part of another protected class? That is a strategic way to look at this situation, since an organization does not want to be exposed to a discrimination lawsuit. 

Many areas of compliance are “part compliance, part strategy,” he said. “You can’t do strategy without thinking about compliance.”

Smith also suggested that organizations should engage with their internal or external legal counsel before they make decisions regarding paid leave strategies. Smaller organizations will likely need more external help because they may not have internal resources. But it doesn’t stop there. 

“This issue isn’t isolated to smaller firms. Even larger employers with ample internal resources will need outside help,” Smith said. 

Mercer, for its part, began a toolkit during the COVID-19 pandemic that is updated every week to reflect what state and local paid leave laws have been amended or created. This is meant to help organizations stay current on changing laws. 

On XpertHR’s survey, 5.7 percent of respondents said that “leaves of absence” was their No. 1 compliance concern. Of these people, 28.9 percent said they are extremely challenged by keeping up with rapidly changing leave laws, up from 11.2 percent in 2017 and 19.5 percent in 2018. And 16.1 percent said they feel challenged in determining which leave laws apply to their organization, up from 8.3 percent in 2017. 

Depending on size and location, an employer may be required to comply with a variety of different leave laws, Zoller said. These leave laws include paid sick leave, paid family leave, bereavement leave, domestic violence leave, jury duty leave and military leave.

She suggested that employers invest in online compliance tools to help them stay up to date with changing laws and requirements on the federal, state and local level. 

Best resources

Considering how to reduce compliance risks may be daunting. But regardless of the type of compliance issues an organization has, there are resources available. These resources include:

  • Internal or external legal counsel. 
  • Online compliance tools.
  • Your insurance carrier.
  • Consulting firms that specialize in your compliance area of interest.

Don’t get bogged down by weighty compliance responsibilities. Creating smart partnerships can help an organization stay compliant.  

Posted on May 22, 2020June 29, 2023

The most pressing workforce management issues of 2020

workforce management 2020, mask, COVID-19

While the buzzword “the future of work” is often thrown around as if it’s the new, exciting, sexy thing, it just refers to a reality that’s always been true. The economy changes, technology changes, and social trends impact the way people want work. Workforce management — as a field that relates to employees’ wages, schedules, promotability and more — can be impacted by large economic and social trends as well as technology.

Smart workforce management professionals pay attention to what trends impact their organization and workforce and plan ahead. Some trends relate to the COVID-19 pandemic and others relate to forces that existed much before that. 

Based on information from various reports and expert interviews, these workforce management issues are some of the most immediate for 2020 and what practitioners should be thinking about.  

Employee safety

In environments like factories, workplace safety has always been a point of focus, while the same could not be said for the average retailer or office setting. “All of a sudden, that’s changed,” said Matt Stevenson, partner and leader of Mercer’s Workforce Strategy and Analytics practice. Due to COVID-19, employers are concerned with how the work environment must change to ensure employee safety.

Also read: COVID-19 and workers’ compensation

Currently, this is one of the most significant workforce management issues, he said. I’s impossible to predict how long this hyper-focus on employee safety will last. He surmised this depends on whether a COVID-19 vaccine is developed and when. 

Stevenson gave the example of polio. Before the vaccine it was a serious threat, and there were polio epidemics globally. After the vaccine was created, safety issues related to polio stopped being a concern. On the other hand, he added, viruses like HIV still don’t have a vaccine decades after being identified in 1981.

Also read: When employees return to work, consider these guidelines

Shifts in the way work is done 

One outcome of COVID-19 is that certain jobs are  done differently, Stevenson said, especially with remote work. Some organizations did not change their operating models because they didn’t have to, and the pandemic made it so they did not have a choice. 

For example, the use of telemedicine has grown since the pandemic started, Stevenson said. Telemedicine has existed for years, but there was some resistance to it, and it was often underutilized. With a pandemic that limits physical contact, people began embracing telemedicine. It’s possible this trend could continue after the pandemic ends. 

That’s what happened with retail stores, Stevenson noted. Online shopping for goods of all types is the norm these days, although consumers still can visit brick-and-mortar locations.  

Industries like hospitality, leisure and travel have been especially impacted by the pandemic, he added. It’s difficult to imagine how a shift to something more online-friendly would look for these organizations. 

The future of the physical workplace

Whether remote work will be as accepted after the pandemic ends is still unknown, but there’s a possibility that organizations will be more open to a largely remote workforce. 

As employers think about their return-to-work plan, they may start with only bringing people in they have to, Stevenson said. From there, a large portion of the workforce may remain remote. This could lead to a big picture question of, “Do I need this big, expensive office space if I can just have employees work from home instead?” 

This is already happening in the tech sector. Twitter recently announced that staff can work from home permanently. 

Not enough flexibility for employees 

Deloitte’s “2020 Global Human Capital Trends” report highlighted organizations that took employee-friendly approaches — giving employees more jurisdiction over their work schedules and  offering them new flexible time off programs. These approaches are designed to allow employees to “live and work at their best” ultimately had positive impacts for companies. Company culture was improved, and teams saw better communication and collaboration. 

workforce management 2020

More flexibility is good for worker well-being, which is good for business, according to the report. It surveyed respondents on how they have redesigned work to promote well-being in the organization. The top three answers were “giving workers more autonomy in how they do their work” (45 percent of respondents), “using technology to promote connectivity and collaboration” (41 percent) and “increasing flexible and/or predictable scheduling” (39 percent). 

“Worker input is critical to understand what changes to work practices may have the greatest impact on well-being,” the report noted. For organizations who want to take this route, they need to think about how to get that employee input and act on it. 

Interestingly, the report also noted that forward-thinking organizations should “stop obsessing about generations,” which leads to too many oversimplifications about employees. Ultimately most people, regardless of their generations, want many of the same things in a workplace — including their preference for flexible schedules.   

A larger focus on workforce science

Mercer’s “Global Talent Trends 2020” report highlighted the need for HR and workforce management professionals to get better at workforce science — a practice that can help professionals address many workforce management issues. For example, the survey found that only 24 percent of respondents said their organization has data on who is at risk of burnout. Only 43 percent of organizations surveyed used metrics to identify employees likely to leave, and only 18 percent have looked at the impact of pay strategies on performance. This is an area organizations can improve on in future years.  

The report didn’t paint a grim picture, though. Mercer’s surveys have found that  the use of predictive analytics has increased from 10 percent in 2016 to 39 percent in 2020. While there’s more employers can be doing with analytics, they’ve also been stepping up their game the past five years.

“The good news is that the workforce science discipline is gathering momentum,” the report stated. “That said, insights into workforce management could be adopted more widely.”

 

Posted on February 20, 2020June 29, 2023

Tax compliance a key consideration for remote work policies

tax compliance

There was a time when a sick child or inclement weather meant staying home and actually not working. 

The prevalence of full-time remote work arrangements is on the rise. Companies are competing fiercely for top talent and looking for ways to differentiate themselves from competitors. tax compliance

One way to do this is through flexible work policies. Moreover, by allowing employees to work remotely, companies can cast a wider net for talent that is not restricted by the geographic boundaries of their offices. 

For companies that decide that it is a business imperative to offer flexibility, it is also important that they find a way to do so that is compliant. One compliance challenge for companies and employees is how, when, and where to withhold state taxes for their employees. When addressed proactively, this challenge can be managed in a way that is simple for the company and painless for the employee. 

Let’s follow the example of an employee who has worked for a company for 10 years in Atlanta but needs to move to Columbia, South Carolina, indefinitely to help a sick family member. The employee’s company doesn’t have an office in South Carolina but agrees to let her work from home. They ask if she can spend a few days each month in Atlanta to stay connected to her team and she agrees. 

States will primarily assess tax on income earned within that state; this can include employees who have an office in that state, employees who work from a home located in that state, or even employees who travel into a state for business trips. This means that the employee will owe tax in South Carolina where she is living and working, and also in Georgia where she is traveling for work. 

Since remote workers are typically subject to taxation in the state where they are physically working, employers need to understand not just who their employees are and where their main office is, but also where they are actually working day by day. The place they are working is generally where the company will need to withhold taxes. 

This is generally true except for some states with unique rules (for example, New York). A key step for the employer is to make sure their payroll system considers that she is working remotely, which may also require the company to register for payroll in her new state.  

Such employees who pay tax in multiple states can generally reduce taxes paid to their home state by the amount paid to other states (unless you live in one of the nine states that doesn’t tax employment income at all). Even though this particular employee will pay taxes to Georgia because of her business trips there, she can reduce the total tax she pays to South Carolina so that she isn’t double taxed.

There are also reciprocal agreements between certain states; think of these as a negotiation between two states where both say, “We won’t tax your people, if you don’t tax ours.”

These agreements generally occur between neighboring states, such as Ohio and Indiana. An Ohio resident who travels into Indiana every day for work will not owe tax to Indiana. Unfortunately for our Georgia employee, South Carolina and Georgia do not have a reciprocal agreement.

The challenging part for her employer will be identifying how much time she is spending in Georgia and determining what portion of her wages are related to Georgia workdays and should be taxed in Georgia. If she has a set schedule (such as one week in Georgia/three weeks in South Carolina) they can program this allocation into her payroll. If her travel is more sporadic, the company will need to find other ways to monitor where and when she is working. 

Her employer can achieve this by leveraging expense data and travel booking records to keep track of where she, and the rest of their employees, are triggering a tax liability. This challenge may increase if she responds to the flexibility offered by her employer and instead decides to work remotely from a friend’s home in Virginia for the week.

So how will this employee actually avoid double taxation in South Carolina? Her employer will reduce some of the South Carolina taxes withheld from her paycheck and withhold Georgia taxes instead. 

Her employer will issue her Form W-2 at the end of the year and report a portion of her wages to Georgia and a portion to South Carolina. Finally, the employee will file her tax returns in both states and claim a credit in South Carolina.  

Keeping all of this in mind, is the challenge of the payroll reporting and multiple state tax filings a worthwhile option for employers? Do the benefits of flexible work arrangements outweigh the administrative complexities? Potentially. But proactive, automated solutions are key. 

Companies that address this issue proactively can put policies in place that articulate upfront how employees will be impacted by remote work arrangements. They can also automate much of the tracking and monitoring of employee travel for payroll reporting requirements. Many companies accomplish these activities without requiring additional HR or payroll headcount, resulting in a positive outcome for both the employer and the employee who can benefit from flexibility. 

Posted on June 1, 1996May 4, 2020

Flexible Scheduling Comes Out of Flux

A decade ago, flexible work schedules were about as common as e-mail. In other words, not very. Progressive companies were touted for their broad-minded policies of part-time and flextime work, and some experimented with telecommuting. Driving these management practices was the magnanimous attitude that women with young children needed greater flexibility if they were to stay in the workforce. It was a benevolent philosophy, not necessarily a business-driven one.

How times have changed.

Today with increasing numbers of organizations offering flexible work arrangements of some type, flexibility is as widely anticipated as a computer with a functioning modem and e-mail capabilities. Although most people continue to work in traditional ways during traditional hours, the idea of flexibility is as common as the sound of a dial tone whirring through a computer. The most sweeping change? No longer are flexible hours and a flexible workplace the domain of young mothers. All types of workers want these options. And, a variety of companies are offering them because they make good business sense.

 

Flexibility enhances productivity.
However dramatic the changes may seem when compared with 10 years ago, the changes within the last few years are evolutionary, not revolutionary. More and more companies continue to experiment with different types of options, accommodating a greater variety of employees through these options. More and more are discovering that in specific cases, these arrangements help with productivity, decrease turnover and reduce employee stress. There are several companies who have offered flexible work arrangements for so long they’ve moved the effort from a programmatic solution to a more fundamental endeavor that has affected corporate policy and culture.

To measure and propagate the success of such forward-looking companies, Catalyst—the New York City-based workplace think tank—unveiled its most recent report in February of this year, “Making Work Flexible: Policy to Practice.” The report is based on a study it initiated in the Fall of 1994 in which the group identified 31 corporations and professional firms nationally recognized as having exemplary flexible workplace policies and whose motivation wasn’t altruistic but business-driven. From confidential telephone interviews and several roundtable discussions, the organization developed guidelines to help other companies create and manage flexibility (see “Making Work Flexible: A Summary”). Among these companies are the Bank of Montreal, Price Waterhouse LLP, KPMG Peat Marwick, Deloitte & Touche LLP, NationsBank, Aetna Life & Casualty, Corning, Steelcase Inc. and Pillsbury.

As Marcia Brumit Kropf, vice president of the Research and Advisory Services division for Catalyst points out, until recently, flexibility was viewed as an issue for women phasing back into full-time work after a maternity leave. Now anyone—male or female—may find work needs affected by obligations outside of work: the care of young children, the needs of school-age children, the care of elderly parents, personal development or community work. And American workers of both genders currently face pressure to work long hours and to put in the face time at the office. From the employer’s side, flexibility aids in retaining and recruiting valuable employees. It responds to demographic changes in the workforce, reduces turnover, services people in different time zones, meets cyclical or seasonal business demands, provides continuity on projects and in client service, allows operation of a round-the-clock business, and helps maintain morale and performance after reengineering or downsizing.

“The bottom line is to try to recognize and accommodate the needs of a diverse population,” says Michael V. Littlejohn, managing director at New York City-based Price Waterhouse LLP. “Flexibility now carries with it a much larger connotation than some of the traditional definitions such as flextime or part-time. It’s trying to recognize flexible work arrangements that are more far-reaching.”

As if to underscore Catalyst’s findings, New York City-based Hewitt Associates LLC unveiled a recent report, “Work and Family Benefits Provided by Major U.S. Employers in 1994,” which shows that 66% of the 1,035 organizations surveyed offered flexible scheduling (up 6% from the year before). Of those, 71% offered flextime, 65% offered part-time, 34% offered job sharing, 21% offered compressed work schedules, 14% offered summer hours and 5% provide other options. Flexible arrangements include two types of options: full-time and reduced-time. Full-time options include flextime (workday begins/ends when employee and manager decide), flexible week (fewer but longer days, shorter days in six-day weeks), or flex place (branch offices, telecommuting). Reduced time options include part-time or job sharing.

But creating company policy is one thing; implementing workable practices can be quite another. Consequently, a key component of the Catalyst report is to highlight organizations that put these principles to work.

 

Provide a variety of flex options.
Toronto-based Bank of Montreal brings together Catalyst’s four goals: It builds organizational support for flexibility; it supports managers and users of the practice; it internalizes (or incorporates) the practice, and it sustains the momentum.

The Bank of Montreal has long been a proponent of advancing women throughout its ranks. One example of this is the 1991 Task Force on the Advancement of Women, which was a year-long project sponsored by the bank’s president and chief operating officer, Tony Comper. The task force undertook the largest survey of the bank’s employees ever. Not only did it uncover myths about women and why they weren’t progressing through the organization, but it also provided the basis for developing action plans. The entire flexible work arrangement initiative was an outgrowth of its findings.

“It created an understanding that one of the key things we need to do is to formally support employees—men and women—who are balancing their multiple commitments to work and family, education and community,” says Diane Ashton, vice president of employee programs and the office of work place equality. “The connection to the business case is apparent when we look at demographics and understand our workforce and become concerned we don’t have enough women making their way through to our senior jobs (policy-, program-, and product-development type of jobs). We realized we were neglecting the talents of half the working population.”

As a result, the company developed a policy called Balancing Multiple Commitments that incorporates flexibility in many ways: through flextime, flexible workweek, part-time on a permanent basis, job sharing and flex place. Flex place allows employees to work two or three days a week in another bank branch that’s either closer to home or in a more convenient location. The bank provides this flex space by setting up several workstations at different locations, each with phones, PCs, and other necessities that allow people to work outside of their normal workplace. This also is convenient when someone has appointments with clients that aren’t conveniently located to their usual place of work.

The policies are working. At least, they’re having the desired effect with regard to encouraging women in their upward movement. For example, the number of female executive officers grew significantly: In 1990, the number increased 6%; in 1991, 9%; and in 1995, 19%.

Furthermore, of the 2,125 positions in the Senior Management Group in October 1991, only 13% were women; exactly four years later the figure had risen to 20.4%.

Ashton herself benefited from the policy when she created an arrangement whereby she worked full time but was paid only for 90% of it. It gave her one half-day a week she saved up. “I used that time to be able to spend more time with my children because they get a lot more time off than our standard four weeks of vacation,” she says. “It just enabled me to carry on when there was an emergency. When somebody got chickenpox, I didn’t feel like I had to scramble for arrangements.” This safety valve relieved the burden.

 

Build organizational support.
The bank combines all of the important factors cited in the Catalyst report. One of the most important features of Bank of Montreal’s flexibility approach is that the policy’s spirit is incorporated into the strategic development plan and the business plan. Executive-level managers—and all other managers—create objectives for hiring, promoting and retaining people and decide how flexibility will fit into those target plans. These create a baseline. Performance appraisals also include attention to flexibility, with each manager remaining accountable for meeting individual goals.

In other words, both employees and managers are responsible for translating these work arrangements into viable options. For example, employees initiate a proposal that explains why the flex arrangement would make their lives easier and present it to local management. The onus of responsibility, though, lies with the manager to be flexible and open-minded. As a protection for both of them, they define a trial period after which time, they sit down and evaluate it.

This shared responsibility—and trial period—allows employees to generate extraordinary creativity because they can try out different options. For example, a compressed workweek of three days may sound liberating. The bank’s operating hours allow this type of work option since many of the branches are open six days a week from 8 a.m. to 8 p.m., allowing employees the option of a Monday, Tuesday, Wednesday shift or a Thursday, Friday, Saturday shift. However, although many employees say they would appreciate it, and believe they’ve discovered the perfect solution, others may find it an exhausting schedule after trying it for a month.

Since the solutions are employee-generated, employees write a letter to their manager and, once approved, they send a copy to the office of Work Place Equality. This not only establishes the Work Place Equality department as a resource center, it also allows the center to track and understand what people are doing. “The spirit of this policy is that it’s employee- initiated,” says Ashton. “They come up with the proposal, and it’s worked out at a local level between the employee and the manager. This has been one of the strengths of the policy.”

 

Support managers and employees.
One way in which the Bank of Montreal propagated its views was through a 100-page book, “Flexing Your Options.” It describes the philosophy, policies and procedures of the bank’s commitment to flexible work, including a detailed checklist for a basic employee-initiated proposal. It also includes items such as commonly asked questions by managers, sample manager replies and phone numbers for obtaining further information.

To set the tone, before introducing the five flexible options (flextime, flexible workweek, permanent part-time, job sharing, flex place), the first paragraph of the document states, “While such arrangements aren’t for everyone, there is compelling evidence that increased self-management translates into increased productivity. The bank is committed to flex arrangements because they make good business sense. The corporate policy, Balancing Multiple Commitments, outlines the direct relationship between helping employees balance their commitments to work, family, education and community, and improved employee morale, increased productivity and superior customer service.”

 

Internalize the practice; sustain the commitment.
The bank also reinforced its philosophy by accepting these flexible arrangements and by assessing employees’ experiences. It believes this practice is important so the arrangements can be tracked for their impact and benefit to the organization. This is one reason the office of Work Place Equality requests a copy of the approved work-arrangement proposal.

Clearly, the bank sustains the commitment by including goals and expectations regarding flexibility in its performance reviews. In fact, employees even rate their managers on this dimension. Each manager’s scores (by his or her subordinates) are averaged, and the employees give their boss feedback about the scores.

This integral respect for the concept of flexibility permeates the organization. Therefore, programs are used by individuals in many different situations. For instance, the original intent was to help women advance by relieving some of the family burden (child care time pressures), but others are using it as well: single fathers, for example, or one man who works 40 hours in four days to enable him to spend one day a week leading Boy Scout activities. And, these kinds of arrangements are being used throughout the organization, not just with junior people. Flexibility is permeating the culture. “I know we have senior managers who are either working on a part-time arrangement, compressed workweek or flex place. These aren’t people who have been sidelined. They’re individuals with important jobs, which is key. We’ve been able to make flexibility part of the culture. It isn’t just seen as something for our most junior people,” says Ashton.

 

Make flexibility a bottom-line issue.
Accounting firm Price Waterhouse LLP (PW) also is lauded in the Catalyst study as a company that integrates flexibility companywide. Indeed, PW is redefining its organization because of an increasingly diverse workforce. Fundamental to that is embracing flexibility. Littlejohn, who heads the Office of Diversity Programs as well as national recruitment, says the effort is twofold: both philosophical and concrete. “The effort recognizes and accommodates the needs of a diverse population (a broader definition than women and minorities, it includes single parents, people who have issues with elder care, child care, and others who want more balance between their personal and work lives).

“Flexibility in the firm goes beyond the concrete part-time and flex-work arrangements. It also involves a philosophical perspective.” According to Littlejohn, “We’re trying to change the mindset of the firm.

“Traditionally, of course, the mindset was that you give 110% to the firm, and if that means a 60- or 70-hour week, so be it. I’ve seen a distinctive shift over the past couple of years, recognizing the fact we can no longer expect that of our people.”

As in the case of the Bank of Montreal, demographics are fueling the changes. “We have to recognize that as the demographics of society change, so do the firms. For us not only to be productive, but also to be competitive, we have to meet head-on the reality that people have different needs.”

Although part-time work options may not seem like such a spectacular innovation at first glance, they’re indeed challenging for intensely client-focused firms for which on-the-spot service and attention are synonymous with revenue. Consequently, for PW to adapt its philosophy toward traditional ways of working, it had to reconsider the entire notion of work styles and how to service customers effectively while being responsive to employees. In fact, there were two forces at play simultaneously. One was the needs of the employees. The other was the changing needs of the clients, who have become quite diverse in their profiles. The firm also believes that its clients want professionals who reflect their population and, thereby, their concerns.

 

Technology can support managers and users.
One of the tools in PW’s network is the company’s sophisticated technological infrastructure that allows partners and associates to establish virtual offices. With Lotus Notes and voicemail, laptop computers become phones, meeting planners and fax machines, allowing employees to support their clients not only in the client’s location, but from anywhere. Technology also has diminished the need for individuals to come into Price Waterhouse offices to transfer information. For example, they previously had to be in the office to have access to files, perform research and provide colleagues with information. No more. Now, most of that can be done remotely via technology.

Given these changes, which facilitate responsiveness to both clients and employees, the company is attempting to extend flexibility in formal and informal ways. PW believes flexible work policies are a powerful tool for attracting and retaining people—a competitive necessity. “Big Six professional services firms face a big challenge because people look at them as a mill—a sweat shop where people work 60- and 80- hour weeks for three or four or five years and we throw them away if we don’t make them a partner,” says Littlejohn. “We had to create the mindset that we’re becoming a kinder place to work; that we’ll try our best to accommodate employees’ needs.”

And, fundamental to that, the firm is changing some of its values and implementing a new career model. Historically, individuals joined the company shortly after college and worked for eight to 10 years. If they made partner, great. If not, they left the company. It was a rigid career path that allowed no leeway for other options. According to Littlejohn, several problems prompted PW to change the situation. Number one, the firm was losing very good people because they hadn’t made partner within the allotted time; number two, employees were saying that partnership wasn’t for everyone and alternatives to the partner track would be valued; and number three, clients were expressing the need to have professional service providers who were not only good consultants but also had a depth of knowledge in their specialty. Consequently, the idea of success broadened to include deep technical specialists as well as individuals who wanted a career on the macro level (wanted partnership). Expected time frames also were changed dramatically. Now, there are several career tracks based on the achievement of milestones rather than on the length of time to complete those milestones. Compensation is based accordingly.

Enter the notion of part-time and flextime arrangements. With these essential changes in the structure of the firm, the flex alternatives become viable. No small thing. This is a fundamental shift in the way Price Waterhouse approaches business and thinks about its employees. It relates to changing the culture of PW.

“Because relationships are such a key in a professional services environment, and our clients are paying us a fee, they have certain expectations,” says Littlejohn. We can’t just say unequivocally we’re going to implement something irrespective of our clients’ wishes. It requires us to not only sell our employees on this, but we also have to sell our clients. We have to sell our clients on the fact it’s good business for them to have someone onsite four days a week versus five days. It’s really in the client’s best interest to work for a balance so our people are happy and they’re happy.”

 

Communication serves managers and employees.
One of the most helpful ways PW communicates its policies is through its newsletters and other organization-wide communication vehicles. It uses these methods to show how flexibility can work and achieve business results as well as satisfy individual needs. Via its communication channels, it relates information such as the fact more than 400 people are working flexibly, including 90 managers and two partners. It also encourages the use of these flexible work possibilities by stating the names of people employees can speak with if they’re interested in discussing flexibility.

Price Waterhouse’s essential commitment to flexibility comes through as a business imperative. Indeed, the firm appointed its first woman to the top management team whose responsibilities include building the organization’s workforce for the next century. Her highly visible task is to develop and evaluate the new career-development paths and service-delivery approaches that will shape PW’s future workplace.

 

Flexible work arrangements are a business imperative.
More and more frequently, as evidenced by Price Waterhouse and the Bank of Montreal, organizations achieve several business advantages when they adopt flex work practices. Paralleling society’s changing demographics and expectations about leading a more balanced life, companies find that allowing employees to direct some of their work—where, when and how they get the job done—not only yields benefits in productivity and retention, but in customer responsiveness as well. By applying technology and many of the changes that already have occurred in the current workplace, they find satisfied, productive, efficient employees translate into revenue.

 

Personnel Journal, June 1996, Vol. 75, No. 6, pp. 34-43.

 


 

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