What's New on Compensation.BLR.com
Compensation.BLR.com's What's New page is where you'll find the most recently added or updated content. See the latest in regulatory analysis, training materials, white papers, and more!

Participate in BLR's polls and surveys.
Regulatory Analysis
We continually update our state and national regulatory analysis to help you stay current with changing regulations.

See the "updated" section below to find all of the latest topics.
New Documents
Calculators:
On June 30, 2015, the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) with the long-awaited proposed changes to the overtime rules. In this first round, the proposed rule does not include changes to the duties tests used to determine if a position is exempt from the minimum wage and overtime rules. There are, however, major changes to the minimum salary threshold for the "white collar" administrative, professional and executive exemptions, and for the highly compensated employee exemptions. Use this calculator to determine and understand the impact of the proposed salary threshold for OT exemptions and to calculate the impact of the proposed salary threshold for highly compensated employees (HCEs).
This worksheet can be used to calculate total labor costs per employee by month and full year, and also for a 10-year period.
Paying for performance requires employers to carefully evaluate the job performance of individual employees and then to differentiate between annual merit increases based on that evaluation. This calculator is a tool to help you create Merit Increase Guidelines for your company to use in budgeting salary increases that distinguishes between high and low performers. The calculator uses a four-tier performance rating system.
Total compensation is defined as all costs associated with employment, including salaries, overtime, benefits, and bonuses. Tracking total compensation as a percent of total costs provides managers with valuable information for use in managing the costs associated with human capital, including evaluating the use of fixed versus variable compensation. This worksheet calculates and tracks monthly and full-year expense ratios based on data you input.
Checklists:
The learned professional exemption is restricted to professions in which specialized academic training is a standard prerequisite for entrance into the profession. To prove that an employee qualifies for a learned professional exemption under the FLSA, you must be able to check off all the following items.

The executive, administrative, professional, outside sales, and computer employee exemptions from overtime pay under the Fair Labor Standards Act do not apply to employees training for employment in an executive, administrative, professional, outside
sales, or computer employee capacity who are not actually performing the duties of an executive, administrative, professional, outside sales, or computer employee. Therefore, if you are paying trainees, they are entitled to overtime pay. However, not all trainees are considered employees under the FLSA.

The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has a six-part test to guide the determination of whether a trainee is in fact an employee under the FLSA. If all the following criteria apply, the trainees or students are not employees within the meaning of the Act:

Under the new FLSA overtime regulations, in order to prove that an employee qualifies for an executive exemption, you must be able to check off all of these items.
FLSA Checklist: Outside Sales Exemption
In order to prove that an employee qualifies for an administrative exemption under the FLSA, you must be able to check off all the following items.

The executive, administrative, professional, outside sales, and computer employee exemptions from overtime pay under the Fair Labor Standards Act do not apply to employees training for employment in an executive, administrative, professional, outside
sales, or computer employee capacity who are not actually performing the duties of an executive, administrative, professional, outside sales, or computer employee. Therefore, if you are paying trainees, they are entitled to overtime pay. However, not all trainees are considered employees under the FLSA.

The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has a six-part test to guide the determination of whether a trainee is in fact an employee under the FLSA. If all the following criteria apply, the trainees or students are not employees within the meaning of the Act:

Guidance:
Once upon a time, cybersecurity was an issue handled in the silo of the IT department — but no more. Protecting your company’s data is every manager's responsibility and it’s especially important that HR takes ownership of it.
Once upon a time, cybersecurity was an issue handled in the silo of the IT department — but no more. Protecting your company’s data is every manager's responsibility and it’s especially important that HR takes ownership of it.
Since the Affordable Care Act (ACA) became law in 2010, there have been a variety of judicial challenges to it, and this term, the U.S. Supreme Court reviewed the law for the third time. The Court previously examined issues relating to the law’s individual mandate and its contraceptive mandate. This time, in a 6-3 opinion, the Court decided in King v. Burwell that ACA tax credits are available to individuals in states that have federal exchanges. Essentially, this means that nothing has changed for employers regarding their ACA requirements.
In a landmark 5-4 decision, the U.S. Supreme Court in Obergefell v. Hodges held that the Fourteenth Amendment to the U.S. Constitution requires states to license a marriage between two people of the same sex and to recognize a same-sex marriage that was lawfully licensed and performed out of state. The decision ends the ban against same-sex marriage in 13 states and affects employers on several levels.
For several years now, employers have spent a great deal of time focusing on the Affordable Care Act’s (ACA) play-or-pay mandate. Numerous articles have been written and numerous educational seminars have been given discussing issues such as who is subject to the mandate, what the definition of a full-time employee is, and how hours are counted. Finally, the benefits community is starting to focus more on the next major ACA issue: the so-called “Cadillac tax,” a 40 percent nondeductible excise tax on high-cost health coverage that applies beginning in 2018.
A study from financial services firm Northern Trust shows that employees favor their employers playing a more active role in their defined contribution retirement plans, but plan sponsors are reluctant to do so.
Most people of a certain age have fond memories of the movie E.T. the Extra-Terrestrial. Everyone remembers E.T.’s magic glowing finger and his longing for home. But equally memorable are the traumatizing scenes in which doctors and scientists test, poke, and prod a trapped and sickly E.T. Recently, an employee of AT&T—a company that might have helped E.T. “phone home”—voluntarily submitted to being tested by numerous doctors in an effort to obtain disability benefits from AT&T. Unlike E.T., however, he didn’t get what he wanted. Angry, he sued AT&T, alleging violations of the Employee Retirement Income Security Act (ERISA). Read on to see how AT&T and its plan administrator ended up with a Hollywood-style happy ending.
Employers have long used paid vacation policies as a compensation benefit and a means of enhancing employee productivity. To keep pace in a competitive hiring market, many start-ups offer employees the right to take “unlimited” paid vacation. While “unlimited vacation” policies do offer certain benefits, the law on such policies is currently undeveloped, and employers must pay careful attention to implementation and administration to minimize legal risks.
The U.S. Department of Health and Human Services, the U.S. Department of Labor, and the U.S. Department of the Treasury (collectively, “Departments”) recently issued final regulations related to the Affordable Care Act’s (ACA) summary of benefits and coverage (SBC) requirement. The Departments had previously issued proposed rules regarding the SBC provision in December 2014. The new final regulations take into account public comments the Departments received about the proposed regulations and will amend the previous final SBC regulations published in February 2012.
An employee with a workers’ comp injury is unable to return to work but can work from home several days a week for several months. What are your options?
An employee with a workers’ comp injury is unable to return to work but can work from home several days a week for several months. What are your options?
Minimum wage rates vary from state to state. This chart identifies the 2015 minimum wage for all 50 states as well as the federal minimum wage and selected cities.
According to Towers Watson’s 2014 Global Workforce Study, only half of the employees surveyed believed they are paid fairly in comparison to other people in similar positions in their organizations. That’s a lot of people who don’t feel valued, and who are likely to be looking around at other organizations.
According to Towers Watson’s 2014 Global Workforce Study, only half of the employees surveyed believed they are paid fairly in comparison to other people in similar positions in their organizations. That’s a lot of people who don’t feel valued, and who are likely to be looking around at other organizations.
When is a commute really part of the workday? Which employees are exempt and which ones are nonexempt? What are the rules for meal and break times? How are employees and contractors different? Use this webinar for a fast-paced briefing on HR's obligations to pay employees for travel time.
When is a commute really part of the workday? Which employees are exempt and which ones are nonexempt? What are the rules for meal and break times? How are employees and contractors different? You need to be proactive in determining if your employees’ travel time is compensable, because knowing the law is your first line of defense against expensive trouble down the road. Use this webinar for a fast-paced briefing on HR's obligations to pay employees for travel time.
Do you know what numbers to track? Are your analysis efforts paying the dividends that you expect? This webinar offers a valuable discussion of data collection and analysis for Human Resources.
Do you know what numbers to track? Are your analysis efforts paying the dividends that you expect? This webinar offers a valuable discussion of data collection and analysis for Human Resources.
Use this webinar to learn how to ensure the proper designation of protected leave using FMLA certifications as your guide. Plus, you’ll get tips on how to use them to help identify, correct, and prevent instances of FMLA abuse and much, much more.
Use this webinar to learn how to ensure the proper designation of protected leave using FMLA certifications as your guide. Plus, you’ll get tips on how to use them to help identify, correct, and prevent instances of FMLA abuse and much, much more.
Wellness program sponsors and vendors have long struggled with the application of the provision in the Americans with Disabilities Act (ADA) that generally prevents employers from making disability-related inquiries or requiring medical examinations unless the inquiry or exam is a voluntary part of an employee health program available to employees at that worksite.
Although much has been written about the proper method for calculating full-time-equivalent employees under the ACA and the merits of opting to pay penalties rather than offering coverage, comparatively little has been written about the Act’s whistleblower protection provision and its interplay with the employer mandate.
Recently, the U.S. Supreme Court heard arguments on a challenge to tax credit subsidies available to low-income individuals who obtain health insurance through federal health insurance marketplaces (also known as “exchanges”) under the Affordable Care Act (ACA). Health insurance in states that have federal exchanges would be greatly affected by an invalidation of the provision.
There are several tests that are applied by courts and administrative agencies to determine whether a worker is an independent contractor or an employee. The U.S. Department of Labor (DOL) has developed a detailed analysis for determining independent contractor status for purposes of compliance with the requirements of the Fair Labor Standards Act (FLSA). The test is called the “economic realities” test.
The IRS recently issued additional guidance on the Affordable Care Act’s (ACA) employer and insurer reporting requirements found in Internal Revenue Code Sections 6055 and 6056.
Employers are placing more importance on employee factors when it comes to evaluating their benefit objectives, according to MetLife’s 13th Annual U.S. Employee Benefit Trends Study.
Policies:
Overtime policy (standard)
Surveys:
How much have your pay rates increased in 2015? What will they be in 2016? Are they tied to market or internally driven?
How much have your pay rates increased in 2015? What will they be in 2016? Are they tied to market or internally driven?
Does your organization conduct performance appraisals? How often are they conducted? Are they tied to pay increases?
Does your organization conduct performance appraisals? How often are they conducted? Are they tied to pay increases?
White Papers:
While compensation is supposed to be strategic in nature—a planning exercise that should support a company’s business strategy—it has turned into something one might refer to as a series of fires … as in putting them out.
With millions of employees now bearing the responsibility for saving for their own retirement, Fidelity Investments says it is more important than ever that they have access to the right information. In response, they recommend four areas where employers and company advisors should focus their efforts to help employees meet their retirement goals.
Leakage occurs when participants take money out of their 401(k) accounts early. It can have a greater or lesser impact on their ability to reach retirement, depending on how they take the money out. But no matter which way they do so, rest assured that there is an impact.
International business practices aren’t an issue for only huge companies anymore—smaller companies are now increasingly reaching foreign shores. What do you need to know about the changing landscape in international business and how it impacts compensation and attracting top talent?
How can you help those who reach retirement make smart decisions about how to use their assets to fund the rest of their lives? Employers are ideally situated to make a difference for their exiting retirees.
Updated Documents
Regulatory Analysis:
State:
How much should you be paying to attract and retain the best employees, based on your industry and location?


Your FREE report will help you:
  • Quickly find 1,000’s of ADA-compliant job descriptions and market analysis reports
  • Customize your compensation program with a specific grade system, rate ranges, and grade assignments
  • Use BLR's® Compensation Analyzer to save time assessing markets, spotting pay inequities, and tracking compensation
PLUS, everything you need for a top-tier compensation management program:
  • Job descriptions and wage and salary data for over 50,000 job titles
  • Do your job better and faster with ready-to-use checklists, calculators, forms, and policies
  • Plain-English analysis of state and federal laws and regulations
  • Be the first to know future trends with monthly survey reports
  • Network with your compensation peers using BLR's forums and Ask the Expert services
CT-WEB02
Copyright © 2015 Business & Legal Resources. All rights reserved. 800-727-5257
This document was published on http://Compensation.BLR.com
Document URL: http://compensation.blr.com/whatsnew.aspx