Get Time Intelligent with Hal Elrod & Replicon: An HR Tech 2017 Exclusive Event
Join us for free dinner at Thomas Keller’s Bouchon for a chance to hear Hal Elrod speak on his #1 Na…
Thanks to all who joined us for our first of three webinars on global labor compliance. With the help of our guest speaker, Brian Dixon of Littler Mendelson, we had a great session followed by lots of insightful questions and answers!
In this discussion, we walked through the upcoming changes and challenges facing U.S. labor law compliance, and some best practices to combat any complications. Here is a recap with our key takeaways and top questions. If you want more details, you can click here to watch the recording of the full presentation.
Q: If the corporate office is in New York, and there are employees working remotely in other states, what state’s meal and rest period rules apply? The corporate office or the state in which the employee works?
A: It would be the state in which the employees work. If a company has someone stably positioned in Connecticut, for example, and working remotely for an office in New York, the Connecticut rules would apply.
Q: We have to resort to manual calculations because of our unionized environment. Does Replicon’s solution support this requirement?
A: The answer here is a resounding yes. Replicon’s rules engine, the core of the Time Intelligence® platform, is configured by integrating bargaining agreements into the solution, so when time is captured it can interpret which specific pay rules should be used. With pay rates built-in to our Time Intelligence® platform, we can send you or your payroll provider a statutorily compliant payroll file that’s already been evaluated for the proper pay rules per the union negotiations.
Q: For workers residing in another state and traveling frequently back and forth to company headquarters, (in a different state) at about a 60/40 split: Which state’s rules apply, and do the changes during the time you’re staying in each state apply?
A: Great question. The only really safe thing to do in this circumstance is to apply whichever of the two state’s rules provide a better result for the employee. Multi-state employee travel issues are coming to the fore; despite coming up only occasionally because it’s not usually large groups of employees that travel. As a result we don’t see any class action litigation around it. Just make sure to apply whatever state rules are more favorable to the employee. Consider your travel times so employees aren’t traveling across work weeks. If you want non-exempt employees attending a meeting, traveling across one work week ensures you can use only one set of rules – as the fundamental compliance foundation for wage and hour is the work week.
The information contained herein should not be considered official legal advice. Please contact your legal counsel for specific labor law and employment law advice.