DOL – Free FMLA Webinar!

The Federal Dept of Labor is hosting a complimentary webinar on June 27th at 2pm. To register and get more info Click Here

Due to this webinar I have changed my webinar for July from the FMLA to USERRA. See tab above for details.

FB Updates – June 24th

Hello Everyone! I plan on updating the blog once a week with my FB Updates.
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June 15, 2012: Interesting… What do you think is going on?
Commission rules Vt is discriminating against female workers
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June 23, 2012: Should be interesting… unfortunately I can’t go due to a conflict in my schedule — but it is free and registration is open.
Attorney General and EEOC to host Equal Pay Conference (June 27)
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June 23, 2012 – Are you going to the Green Mountain Payroll One Day Payroll Conference? It’s in Stowe this year at the gorgeous Stoweflake!
GMPA Conference
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Survey Results and Schedule for Webinars

Thank you to everyone who participated in the survey I sent out recently. I am posting the results from the survey – and setting the schedule for the Webinar Series below.

The first question:

Other topics that were mentioned in responses: Workers Compensation, The New School Employees Pay Rules, and Garnishments.

The 2nd question:

The best day is Thursday for most people, with Wednesday coming in close second. I will rotate the presentations between Wednesdays and Thursdays.

The 3rd question:

The best time of day by a long margin is from 2pm -3pm.

Thank you for your participation. I had 16 people that entered their email addresses into a drawing for a free webinar. The winner of that raffle is (drum roll please)……Laurie from Perrywinkles!!! Congratulations Laurie! I have sent you an email for you to choose which webinar you would like to attend for free.

The Dates and Topics for the Webinars:

July 19 (Thursday) –  The Family and Medical Leave Act (FMLA)- with VT specific laws

Aug 15 (Wednesday) – Health Savings Accounts – Overview and Administration

Sept 20 (Thursday) – New Hire Orientation – Beyond the Paperwork

Oct 24 (Wednesday) – The Fair Labor Standards Act (FLSA) – Exempt vs Non-exempt and Overtime

Nov 15 (Thursday) – Paid Time Off – Using Combined Time – Pros and Cons

The cost of the each webinar is $49.00 each. You may purchase each webinar separately or the 5 part series for $200.00 (a $45 savings).

To register for the webinars (You may choose as few or many as you wish) please email me at Key Concepts or you can call me at 802-496-6875
In your email include the following information:
Name:
Email Address you will use at time of webinar:
State(s) you have employees in:
Your phone number:
Which webinar you want to register for:
How you are paying:

I accept credit cards over the phone (please do not include them in the email) or you may mail me a check – Key Concepts, LLC, PO Box 202, Warren, VT 05674.

As I mentioned above there were other topics requested. I am working on putting together a comprehensive white paper and overview of the “new” amendments on paying school employees. Some of the regulations are still murky, I am watching for clarifications and updates and will post information as soon as I have it complete. I will announce that webinar when it is ready (it is not part of this series). Watch for posts on other topics as well.

I am also sending out a newsletter on this – so you may receive this twice.  Thanks!

Facebook Updates -June 14th

I had someone ask me how they can get my updates if they are not on Facebook — I decided I would post the updates here as well as best I can – once a week.

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Thursday, June 14, 2012 at 3:02pm

Do you take advantage of electronic reporting of First Reports of Injuries?
http://www.labor.vermont.gov/Default.aspx?tabid=154

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Thursday, June 14, 2012 at 8:09am
School Employee’s Pay

This session of the VT Legislature produced some changes to how school’s pay their employees.

Title 21 (Labor) Chapter 5 (Employment Practices) Section 342 titled “Weekly Payment of Wages” will be amended to read:

§ 342. WEEKLY PAYMENT OF WAGES

(a)(1) Any person having employees doing and transacting business within the state shall pay each week, in lawful money or checks, the wages earned by each employee to a day not more than six days prior to the date of such payment.

(2) After giving written notice to the employees, any person having employees doing and transacting business within the state may, notwithstanding subdivision (1) of this subsection, pay biweekly or semimonthly in lawful money or checks, each employee the wages earned by the employee to a day not more than six days prior to the date of the payment. If a collective bargaining agreement so provides, the payment may be made to a day not more than 13 days prior to the date of payment.

This was added to the law effective this school year 2012-2013

(3) A school district employee may elect in writing to have a set amount or set percentage of his or her after-tax wages withheld by the school district in a district-held bank account each pay period. The percentage or amount withheld shall be determined by the employee. At the option of the employee, the school district shall disburse the funds to the employee in either a single payment at the time the employee receives his or her final paycheck of the school year, or in equal weekly or biweekly sums beginning at the end of the school year. The school district shall disburse funds from the account in any sum as requested by the employee and, at the end of the school year or at the employee’s option over the course of the period between the current and next school year, or upon separation from employment, shall remit to the employee any remaining funds, including interest earnings, held in the account. For employees within a bargaining unit organized pursuant to either chapter 22 of this title or 16 V.S.A. chapter 57, the school district shall implement this election in a manner consistent with the provisions of this subdivision and as determined through negotiations under those chapters. For employees not within a bargaining unit, the school district shall, in a manner consistent with this subdivision, determine the manner in which to implement this subdivision.

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Thursday, June 14, 2012 at 12:30pm

Effective July 1st – VT joins many other states that restrict an employer’s right to obtain and use credit information for making employment decisions — read more:
(also includes other info on school employee’s pay)

http://www.leg.state.vt.us/DOCS/2012/ACTS/ACT154.PDF

Survey Says!

I recently created a survey called Webinar Series Survey and sent it out a variety of people to complete. This survey asks for topic ideas for webinars as well as when the best time of day and day of the week works best for you. If you are interested in adding your input to this survey please Click Here The Survey will close on Monday the 18th. There will be a drawing for one free webinar on Monday the 18th (you may choose to add your email to the survey to be entered into the drawing).

I will share the results of the survey on Tuesday the 19th with those that participate.

I will be presenting a webinar each month from July through November (total of 5 webinars). The cost of the each webinar is $49.00 each. You may purchase each webinar separately or the 5 part series for $200.00 (a $45 savings). I will be posting the schedule on the 19th of June – dates, times and topics with instructions for payment.

Thanks!

Medicare Tax Increase 2013

Heads Up! Beginning in January of 2013 the Medicare tax rate will increase from 1.45% to 2.35% on wages earned over $200,000. The IRS is planning on adding a new line to the 2013 Form 941 form (Employer’s Quarterly Federal Tax Return) for the employee portion of the increased Medicare tax rate.
More details to follow once more info is released.

Watch for further information on the Medicare tax increase as it becomes available.

Summer Interns and HR

With colleges out and high schools soon to follow you may find yourself wondering if you should get an intern this year.  According to Wikipedia an internship is described as:

Internship is a system of on-the-job training for white-collar and professional careers. Internships for professional careers are similar to apprenticeships for trade and vocational jobs. Although interns are typically college or university students, they can also be high school students or post-graduate adults. Rarely, they can even be middle school or in some cases elementary students.

Generally, the internship works as an exchange of services for experience between the student and his or her employer. Students exchange their cheap or free labor to gain experience in a particular field. They can also use an internship to determine if they have an interest in a particular career, create a network of contacts, or gain school credit. Some interns also find permanent, paid employment with the companies in which they interned. Thus, employers also benefit as experienced interns need little or no training when they begin full-time regular employment.

According to Human Resource News – many HR Departments are seeing an increase in the number of college students requesting internships hoping to get their foot in the door of the organization. Many organizations also think that “hiring” an intern means they have someone to do work without compensation because after all – they are learning something (hopefully)!  Many organizations also find themselves on the wrong side of a Dept of Labor (DOL) audit and discover that those “interns” were really employees. The DOL has guidelines you must follow in order for an intern to not be paid for their services.

According to the DOL most internships in the “for profit” private sector are most often viewed as employees and must be paid at least minimum wage and the overtime rules apply as well.  There are however, some tests that an employer can look at to make this determination. Many times interns do not have to be paid, but the criteria is tough to meet.

(From the DOL website) The following six criteria must be applied when making this determination:

1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
2. The internship experience is for the benefit of the intern;
3. The intern does not displace regular employees, but works under close supervision of existing staff;
4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

By reviewing this list and also reviewing the DOL Wage and Hour Internship Fact Sheet you can be assured you are in compliance and offer the up and coming employees of the future a great way to learn about your organization and business in general.