In today’s business environment, compliance with government regulations is an increasingly difficult task. The rules can be complex and contradictory, leaving many HR and payroll departments in a difficult position. For example, WorkForce Software has found that more than 75% of U.S.-based organizations surveyed do not comply with key provisions of the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA).

WorkForce Software’s compliance analysis services provide a clear roadmap to mitigating the complexities of regulatory compliance and avoiding the high costs of noncompliance. Our highly trained consultants work with on-staff labor attorneys to analyze your organization’s adherence to various state/provincial and federal regulations as part of your EmpCenter workforce management implementation.

A partial list of regulations that we address as part of our compliance analysis services includes:

U.S. Regulations

• Sarbanes-Oxley (SOX) – SOX regulations comprise various recordkeeping and control provisions that affect workforce management processes and how employees are paid. Considering employee pay is often the single largest cost for an organization, adherence to these provisions is crucial for compliance.
• Fair Labor Standards Act (FLSA) – FLSA requires employers to classify employees into exempt and non-exempt categories and then pay overtime to non-exempt employees in a very specific method. Our experience indicates most employers have numerous FLSA violations.
• Family and Medical Leave Act (FMLA) – FMLA requires employers to offer certain employees up to 12 weeks of unpaid leave, and other employees may be eligible for 26 weeks of unpaid leave. HR must follow very specific rules to ensure compliance with FMLA, the Military Caregiver Leave, and the Qualifying Exigency Family Leave.
• California and other state regulations – Various states, most notably California, have regulations dictating the overtime pay and many other requirements surrounding employee leave and meal breaks. To alleviate liability it is important to have the proper procedures in place to ensure compliance.
• Work Hour Restrictions – Many industries have complex work hour restrictions to ensure the safety of the employees and the customers that they serve.  Employees in rail, air travel, health care, maritime, and utilities have regulations which affect how many hours they may work.
• Minor Employee Work Hour Restrictions – Each state has regulations that affect the number of hours minor employees may work.  Often times the regulations allow different numbers of work hours on weekdays, weekends, and during the school year versus summer break.
• Defense Contract Audit Agency (DCAA) compliance – Government defense contractors, and contractors with other government agencies, must routinely comply with DCAA audits of records associated with government contracts. In recent years, the DCAA has been stepping up its oversight responsibilities making it more important than ever for government contractors to maintain accurate time-keeping, billing, and other cost records.
• Nuclear Fitness for Duty (NRC 10 CFR 26) – The Nuclear Regulatory Commission through 10 CFR 26 has fitness for duty regulations that restrict the number of hours each employee type within a nuclear plant may work.  The regulations also dictate minimum number of rest days and/or hours between shifts.

Canadian Regulations

• Employment and Labour Standards – Since Canada is a federation of Provinces and Territories, employment and labour standards acts (ESAs) vary somewhat from jurisdiction to jurisdiction. The broad employee protections provided by these standards, however, generally include wage minimums, maximum work hours, meal and rest breaks, holiday pay, leave rights, and other employee safeguards. Additionally, many employers have policies providing even more generous protections to employees than those required by the law.
• Pay Equality – Provincial, territorial, and federal laws generally require that women and men be paid the same for performing the same job or work of equal value.

Other Policies

• Union Contracts – Most union bargaining agreements require the employer to follow various calculations on overtime, shift pay, holidays, and other special payments, which add layers of complexity over and above the applicable state/provincial and federal laws. Such agreements can also impose rules dictating how employees are scheduled, how overtime opportunities are offered, and mandating break times and durations.
• Industry Guidelines – Several industries have implemented work-hour and fitness-for-duty standards, typically established and maintained by an industry association or consortium. These standards, such as the American Petroleum Institute Recommended Practice 755, are commonly perceived as being comparable with federal regulations.

If we uncover noncompliance, we inform you of the affected areas and recommend appropriate procedural changes within your organization. WorkForce Software consultants also ensure that the correct methodology is automated by EmpCenter – reducing manual effort and providing a clear audit trail of compliance activities.

Global Labor Laws

Unlike other solutions that are built on laws in the United States, a key strength of our EmpCenter suite is the ability for the solution to support the local labor regulations for our clients – in whatever part of the world they may be in.  So wherever your organization employs staff, the combination of services and solutions ensure you stay in compliance.  Our team utilizes a variety of resources to ensure that appropriate labor regulations which affect you are identified and automated within our solution set.

Compliance is part of our DNA

Our consultative approach and primary market research ensure that you will receive expert guidance from some of leading experts in the workforce management industry. WorkForce Software takes pride in serving as a resource to the HR and payroll communities on all labor-related regulatory issues. For more information, please visit our Labor Laws Resource page.