by Jim Taylor | Oct 20, 2022 | Compliance
The United States minimum wage has been a topic of debate for decades. As the government continues to seek a way to reduce poverty and provide a living wage for the people of America, the new minimum wage limits for 2023 are set to be announced on January 1st
Although most people have opinions regarding minimum wage increases, many are unaware of how minimum wage is set in their state.
Fair Labor Standards Act and Minimum Wage Rates
In 1938, Franklin D. Roosevelt’s New Deal legislation created the Fair Labor Standards Act (FLSA) to set rules governing employee compensation, among other things. Basically, the FLSA governs overtime pay, child labor, and record-keeping. It also sets the federal minimum wage. This was established to create a minimum standard rate of pay for the majority of the workforce.
Over the years, the FLSA has been periodically amended to increase the minimum wage and extend coverage to more workers.
FLSA and Minimum Wage Basics
In the United States, the minimum wage is determined by individual states. Minimum wage rates vary from state to state, with some areas having a higher minimum wage than others. This is primarily to account for the cost of living discrepancies between different locations.
The federal minimum wage is $7.25 per hour and is set to increase annually with inflation. The federal law does not require states to increase their own minimum wages but most have done so to keep up with the cost of living and adequately provide for their residents.
Federal law also does not require employers to pay employees on commission or tips on top of their salary if they earn more than $30 per month in tips or commissions. Many employers, however, choose to do so voluntarily. This is done as an additional way of compensating employees who are providing good customer service or quality workmanship.
What’s New for 2023 State Minimum Wage Rates?
The minimum wage in the United States has been a topic of contention for years. This is unlikely to change. Regardless of personal opinions, however, employers are required to adhere to the regulated standards.
The federal minimum wage is $7.25 per hour, but many states have their own minimum wage rates. As of January 1, 2023, there are 18 states with higher minimum wages than the federal rate.
These include the following states that have announced new wage rates to begin in 2023:
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Illinois
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Montana
- Nevada
- New Jersey
- New Mexico
- New York
- Ohio
- Oregon
- Rhode Island
- South Dakota
- Virginia
- Washington
In situations where both the federal and state minimum wage rates apply, employers are required to pay the higher rate. Therefore, as of January 1, 2023, there will be a higher minimum wage in every state in the country.
Launchways had produced an in-depth compliance bulletin with a chart of all minimum wage requirements state-by-state. DOWNLOAD THE COMPLIANCE BULLETIN.
by Jim Taylor | Sep 22, 2022 | Employee Retention
The American workplace has long been an evolving landscape. From the industrial revolution to our contemporary global arena, businesses have had to become more flexible to adapt to the recent challenges. Since the pandemic, more than half of the workforce demographic of 18 to 25-year-olds have been questioning whether they are in the right occupation.
In fact, studies show that not only are 54% of Generation Z workers considering a new career, but 41% of the global workforce may also be handing in their resignation.
Since employee retention is a key factor in the success of any company, it’s important for employers to make sure that their employees are happy and satisfied with the work they do.
What Is the Great Reshuffle?
The Great Reshuffle is the process of adapting to the changing workplace. It is a natural consequence as workers search for jobs they feel better suit their lifestyles, values, and needs. Although individual requirements vary, having a flexible work environment has become one of the primary considerations for many.
If companies want their employees to stay, they need to make workers feel like they are appreciated and are part of something bigger. To keep employees happy, consider the following tips.
Offer Competitive Salaries and Benefits
A company should offer competitive salaries and benefits to their employees. Offering competitive salaries is one way that employers can help attract and retain the best talent. Higher pay means a higher quality of life, which in turn leads to more motivated workers who are more productive.
Receive and Respond to Feedback
Feedback is a two-way street. Employers should not only be giving feedback to their employees, but they should also be receiving feedback from them. Feedback can help employers learn what they are doing well and what they need to improve on. It also provides them with information regarding employee needs.
Employees are more likely to feel engaged in their work when they have the opportunity to give feedback to their employer and know that the employer is listening and will take it into consideration. This can lead to increased productivity, better morale, and a stronger sense of community among the employees.
Offer a Flexible Work Environment
The workplace should be a place where employees can work in an environment that is most suitable for them. The environment should be flexible and offer the employee the opportunity to work remotely if possible.
The benefits of a flexible work environment are numerous. Employees are able to focus better when they know they have the freedom to choose where they want to work from. They also feel more productive and satisfied with their jobs as compared to those who don’t have a flexible workplace and are stuck in one place throughout their shift.
Create an Inclusive Environment
Fulfilling work is one of the most important aspects for both Millennials and Gen Z. As such, it is important to offer them an environment that allows them to feel like they make a difference through their efforts.
A good work culture is one where the employees feel appreciated and are given opportunities to grow in their positions. This can be accomplished by having an open office space with a lot of natural light, and by offering training opportunities for employees.
Show Sufficient Appreciation for Hard Work
Employers should show ample appreciation for hard work. This is not to say that employers should be giving their employees gifts every day or an over-inflated paycheck every month. However, they can do things like giving an employee a day off or telling them how much they appreciate their work and all that they do. A simple, heartfelt “thank you” can go a long way.
by Jim Taylor | Aug 23, 2022 | Compliance
When employees need to attend to their (or their family’s) medical needs, they may need to take time off from work. There are specific steps they and their employer need to follow to determine whether they will receive compensation when they aren’t working.
The Family and Medical Leave Act of 1993 (FMLA) provides unpaid, job-protected leave to eligible employees. The FMLA is a federal law that requires employers to provide up to 12 weeks of unpaid, job-protected leave per year for particular family and medical reasons.
Although the details may seem complicated, the process is fairly straightforward when both employer and employee adhere to the following steps.
Determine Employer Obligation and Employee Eligibility
An employer has certain obligations towards their employees. They need to provide a safe and healthy work environment, pay them a wage that is at least equal to the minimum wage, provide them with meal breaks and rest periods, provide them with leave entitlements and notify them of changes to their employment terms.
Under the terms of FMLA, if they employ 50 or more employees who work within a 75-mile radius of the worksite, they are also required to offer paid leave.
With a qualifying reason, employees are eligible for these entitlements if they are employed on a full or part-time basis and have worked for the employer for at least 12 months.
Determine Whether there Is a Qualifying Reason
The next step is to determine whether the employee has a qualifying reason for requesting leave. A qualifying reason for FMLA includes when the employee is unable to work because of any of the following reasons:
- Serious health condition
- Employees must care for a family member with a significant health condition.
- Qualifying exigency arising out of the military service of the employee or family member
- Qualifying exigency arising from an employee’s spouse, child, or parent is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.
If an employer denies FMLA benefits to an eligible employee, they must provide written notice. It must include the name and address of each person or organization denying leave and the specific reasons why the leave was denied.
Notify the Employee of Eligibility for FMLA
The Family and Medical Leave Act requires employers to notify employees of their eligibility for FMLA. Employers must let employees know if they are eligible to take leave under the FMLA within five business days of receiving a request for leave, or an employee’s first day of work, whichever is later.
Employees must also be notified if they are not eligible for FMLA within five business days of the employer’s determination.
Request Medical Certification for Paid Leave
As per the company’s policy, employees must provide a medical certification for any paid leave. The company will not process any requests for paid leave without a valid medical certificate.
When possible, medical certifications should be submitted to the HR department at least ten days before the date of leave.
Notify the Employee of FMLA Approval or Rejection
If the medical certificate is complete, they will approve or reject the request based on the provided facts. If it is incomplete or unclear, additional information may be required before they make a determination. The employee should have at least seven days to submit the requested information.
The employee will be notified of the status within five business days of submitting a completed medical certificate. If the request is approved, they will be able to take a paid leave of absence, which will be counted against the FMLA benefits to which they are entitled.
Responsible Employee Leave Procedures
Implementing and adhering to Responsible Employee Leave Procedures is a way to ensure that the company is not negatively affected by an employee’s absence. Responsible leave procedures might include giving the employee information on what they need to do before they leave, including who needs to know about their leave, where to find important documents and how best to communicate with people while they’re on leave.
They may also be required to periodically call in to provide updates on their status so the company can continue to plan for their absence without additional strain to the business or other employees.
Employee Reinstatement After FMLA Leave
Since the employee should have been periodically calling in to report their status, the company should be prepared for their imminent return. Plus, the employee on leave may have been kept up-to-date on any changes made to their job while they were gone.
If the employee requested leave for their own medical condition, they would have submitted a medical certificate. In this case, before the employee is allowed to return to work, a medical release from the doctor may be required.
In some circumstances, there may be mitigating circumstances that require additional documentation. Generally, by following these steps, an employee will be able handle their or their family’s medical issue without running the risk of further financial hardship or losing their job.
by Jim Taylor | Jul 11, 2022 | Human Resources
As manufacturing continues to change, companies face the challenge of evolving or being unable to keep up with their more adaptive competitors. To successfully solve these challenges, HR managers need to adapt to changes not only in technology, but in workforce demographics, as well as. Here are five top tips for solving some of manufacturing’s HR challenges:
Retrain Your Workforce to Retain Your Workforce
Retraining is the key to ensuring that your workforce is equipped with the most current skills required for successful completion of their responsibilities. Keeping your employees happy and engaged is also an element in maintaining employee morale. This can be done by providing them with opportunities to learn new techniques.
Some companies offer courses and workshops as part of their benefits package. This helps the company, but it also helps the employee. It provides an opportunity for them to gain new skills at work that can help them advance within the company.
Recruit New Talent to Expand Your Workforce
Recruiting new talent can be a difficult task. Although companies previously depended on want ads and word-of-mouth to find new workers, now, they must be a bit more creative to find qualified employees.
Job placement platforms online can connect job searchers with recruiting companies. Another option is to promote hiring positions at high schools and colleges. Marketing your job openings in those two arenas will expand your applicant pool exponentially.
Train Supervisors to Respond to Worker Needs
Supervisors are often in charge of training their employees on their jobs. This is especially true for new hires. However, an increasing number of companies are realizing that this responsibility is not just the job of the supervisors.
Instead, employees should be trained by the company as a whole to ensure that they are getting the most out of their time at work.
Companies can train supervisors to respond better to workers’ needs by giving them an overview of what it’s like for employees on a day-to-day basis and how they can help them with these challenges.
It is important for supervisors to develop a strong relationship with workers. Company leadership and mentorship programs can assist with this.
Adjust to Evolving Laws for Workers Compensation and Leave
Staying current with evolving laws is a difficult process for any company. The greater number of on-the-job accidents requiring adequate leave and compensation for workers cause manufacturing companies to feel the challenges even more.
With the Americans With Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), the federal government works to make it easier for employers to offer paid leave and workers’ compensation benefits. Companies need to balance the individual needs of the injured employee with those of the companies’ overall objectives. This affects several dynamics.
Skilled HR teams strive to achieve that balance to better benefit everyone involved.
Outsource Work to Help Your Company Adapt
Although many tasks and responsibilities can be handled in-house, outsourcing work is a way for companies to adapt to changing markets and also cut costs. It is a strategy that many companies are employing to stay competitive in the global market.
Outsourcing work allows companies to assign some tasks to experts with the necessary skill sets while the onsite employees focus on the company’s core competencies. Not only can outsourcing be beneficial for companies by helping them save time, money, and resources, it also can be seen as a form of risk management because it helps companies adapt quickly to changes in the industry.
by Jim Taylor | May 5, 2022 | Compliance, Employee Benefits
Health savings account (HSA) contribution limits will significantly increase in 2023 and will likely continue to rise in the near future. On April 29, the IRS announced that it would drastically increase contribution limits. The announcement was made in response to the recent surge in inflation, and provides employers sponsoring high-deductible health plans (HDHPs) sufficient preparation time before the approaching open enrollment season.
With the annual inflation-adjusted limit, the maximum contribution limit for a family HSA is now $7,750, up from $7300. This is an increase of 5.5 percent from 2022’s limit, where the increase for the previous year was a mere 1.4 percent. Self-only coverage HSA contributions will increase from $3,650 to $3,850 in 2023.
The IRS verified the projected 2023 HSA contribution limits and the maximum out-of-pocket expenses and minimum deductibles for the paired HDHPs in the Revenue Procedure 2022-24.
2023 Increase Is a “Significant Jump” Over Previous Years
As more employers weigh the benefits of making income-based contributions, the number interested in matching the HSA contributions of their employees has grown. Although this practice is similar to the those used to match 401(k) retirement plans, it is particularly beneficial to lower-paid employees who might require additional help with health care expenses under high-deductible plans.
HSA Bank’s Chief revenue officer, Kevin Robertson, claims the 2023 higher limits are “a significant jump” from previous annual increases. As employer contributions generally spur employees to assign a higher value to their health care benefit packages, he believes news of the increase can be used for a few purposes.
- Employers can use the open enrollment season to encourage employee contributions.
- Employers may be persuaded to contribute to HSAs where they had not previously.
- Employees may raise their rate of contribution or begin contributing to their personal or family accounts.
Even with small amounts, employer contributions add up and promote a more collaborative approach to the employee accounts and the perceived value of those accounts.
Inflation Results in Contribution Limit Adjustments
Generally, October heralds announcements regarding various tax-advantaged accounts’ contribution limits for the following year. Those concerning HSAs, however, are announced in late April or May.
Although the adjusted contribution amount is regulated by statute, the limits are adjusted annually for inflation using the Consumer Price Index for All Urban Consumers. They use data compiled from the 12 months ending on March 31 and round to the nearest $50 to arrive at the precise amount.
The Employers Council on Flexible Compensation (ECFC) represents the sponsors of various account-based benefits plans. Legislative and technical director of ECFC, William Sweetnam, explains that limit increases for HDHP and HSA are:
“released much earlier than other employee benefit limits so that insurance companies that offer high-deductible health plans—which participants must be enrolled in to make HSA contributions—can get their insurance products approved by state insurance regulators.”
Differing Limits for ACA
Based on the Affordable Care Act (ACA), there is more than one set of health plan out-of-pocket expenses annually determined by federal agencies. This can cause considerable confusion for the administrators of the plans.
Under an ACA-compliant plan, annual cost-sharing limits for basic health benefits are established by the Department of Health and Human Services (HHS). These out-of-pocket limits are higher than the maximum limits set by the IRS. For a plan to qualify as an HSA-compatible HDHP, however, they can not exceed the out-of-pocket maximum limit of the IRS.
Regardless of whether a person is enrolled in a family or self-only plan, the ACA’s cost-sharing limits apply to every person in a non-grandfathered health plan.
Maximum Limit for Excepted-Benefit HRAs
Additionally, Revenue Procedure 2022-24 raises the employer contribution maximum amount to an excepted-benefit health reimbursement arrangement (HRA) for year 2023. Excepted-benefit HRAs are restricted to paying only for dental and vision or comparable benefits that the employer’s primary plan doesn’t pay and are also not covered by the ACA. The HRA for 2023 is raised $150 higher from the 2022 amount of $1,800 to $1,950.
The Announcement Allows Employers to Plan Ahead
Sweetnam claims that, since employers often discuss health care choices and limits during the open enrollment season, the limits for 2023 are “good to know.” To plan ahead, employers should consider updating payroll to mitigate the coming year’s cost-of-living adjustments and incorporate the announced HSA limits.
