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Welcome to our Fall 2023 edition of Pay Matters – our roundup of all the payroll and compliance news that you must know.
Read on to stay informed and in compliance with relevant alerts and insights that matter most for your payroll.
On Wednesday, August 30, the US Department of Labor (DOL) issued a proposed rule that would increase the minimum salary amount that must be paid to executive, administrative, and professional employees in order to exempt them from overtime pay requirements under the federal Fair Labor Standards Act (FLSA). The proposal also mandates automatic updates every 3 years to the threshold to keep current with earnings data.
The current salary threshold for employees to be exempt from overtime is $35,568. Under the proposed rule, the threshold would increase significantly to $55,068. The rule would also increase the annual compensation threshold for highly compensated employees to be exempt from overtime from $107,432 to $143,988.
If this rule becomes final, employees who earn between $35,568 and $55,068 and meet the executive, administrative, or professional duties test will become eligible for overtime, and employers will have to track their hours worked. The DOL estimates that this will affect 600,000 employees in health care and social services and 3.6 million workers throughout the country.
There will be a comment period before the final rule is issued. The change is expected to take effect sometime in 2024.
For more information on this proposed rule and how it may affect your business, check out our webinar FLSA Overtime Proposed Changes: How to Prepare.
The U.S. Citizenship and Immigration Services (USCIS) released a new version of Form I-9 and announced an alternative procedure for remote inspection of employment authorization documentation.
The newly revised Form I-9 is available for use beginning August 1, 2023, and must be used starting November 1, 2023.
Changes to the form include:
In addition to the Form I-9 changes, the USCIS has created a procedure for eligible employers to inspect employment authorization documents remotely, as the COVID-19 temporary remote inspection flexibility ended on July 31, 2023.
Under the new alternative procedure, employers who participate in good standing in E-Verify can inspect documentation remotely rather than in person. Employees must transmit a copy of the front and back of their documentation, and the employer must examine both sides. The employer must then conduct a live video interaction with the employee to ensure the documentation is genuine and related to the individual. The employer must also indicate on Form I-9, using the designated checkbox, that the alternative procedure was used and retain copies of all documentation.
Employers who do not use E-Verify in good standing must meet the requirement of in-person physical inspection. Employers not yet participating in E-Verify may want to consider registering so that they can use the alternative procedure going forward.
To learn more about the new form and alternative procedure, including requirements to retroactively verify documentation of certain employees hired during COVID, check out our webinar The New Form I-9 and You: It’s Not Too Late to Get Back in Compliance.
The Equal Employment Opportunity Commission (EEOC) has finally announced that the delayed 2022 EEO-1 reporting period will open October 1, 2023. The deadline for filing will be December 5, 2023. The payroll snapshot must be between October 1 and December 21 of 2022.
EEO-1 reports provide the EEOC with data about the race, ethnicity, and gender demographics of an employer. All U.S. employers with 100 or more employees as well as federal contractors with at least 50 employees must submit the EEO-1 report annually.
For more information, click here.
On September 12, New York released its family-leave contribution rates for 2024.
In 2024, the employee contribution will decrease from 0.455% to 0.373%. The maximum annual contribution will decrease from $399.43 to $333.25.
The rate applies to an employee’s gross wages up to the statewide average weekly wage, which will be $1,718.15 for 2024.
New York updated its payroll deduction notice to reflect new 2024 rates. They have also updated their payroll deduction calculator with the new rates.
Maine has become the 13th state to create a statewide paid family and medical leave program.
Under the law, covered employees may claim up to 12 weeks of paid leave for eligible reasons, which include:
The PFML program will be funded by employee and employer contributions as a percentage of employee wages. Employers with state-approved private plans will not have to remit contributions.
Contributions will begin January 1, 2025, and benefit claims can start being processed May 1, 2026.
Employers are required to post a workplace notice that will be provided by Maine in a conspicuous place in the workplace as well as provide a written notice of rights under the program to new hires within 30 days of the start of employment.
Effective August 7, 2023, under Senate Bill 23-017, Colorado employees can use paid sick leave for three additional reasons:
For a list of other qualifying reasons for use of Colorado paid sick leave, click here.
Vermont has created a payroll tax to fund childcare services.
Under HB 217, all employers who are required to withhold Vermont income tax will be required to withhold and remit the new tax, which will fund Vermont’s Child Care Financial Assistance Program.
The payroll tax is set to go into effect on July 1, 2024, at a rate of 0.44% of an employee’s covered wages. Employers may share the cost with employees and withhold up to 0.11% from employees’ wages. Employers must remit the tax using the same requirements as state income tax.
Originally scheduled to take effect on July 12, 2023, NYC has announced that it has postponed the effective date of the new minimum wage requirements for delivery workers of online third-party app-based food delivery workers.
Minimum wage was set to be $17.96 per hour effective July 12, 2023, and to continue to increase to $18.96 on April 1, 2024, and to $19.96 on April 1, 2025. Due to pending lawsuits, the new minimum wage is now on hold. Employers can visit this NYC page to monitor future updates.
Under pending California Bill , minimum wage for fast food workers in California would rise to $20 per hour, effective April 1, 2024. This new minimum wage would apply to a “National fast food chain” with more than 60 establishments nationally. In addition, the prior “Fast Food Council” would be replaced with a new council with more limited authority.
Employers in the CA fast food industry should continue to monitor this pending law for developments.
Edgewater, Colorado, became the second Colorado locality, after Denver, to enact a minimum wage law. Effective January 1, 2024, minimum wage will be $15.02. Minimum wage will continue to increase to $16.52 for 2025, $18.17 for 2026, $19.99 for 2027, and $21.99 for 2028. Employers must post a notice of the currently effective minimum wage in both English and Spanish in a conspicuous place in the workplace.
Santa Rosa, California, minimum wage will increase from $17.06 to $17.45, effective January 1, 2024.
Minneapolis, Minnesota, minimum wage will increase from $15.19 to $15.57, effective January 1, 2024.
This information is for educational purposes only, and not to provide specific legal advice. This may not reflect the most recent developments in the law and may not be applicable to a particular situation or jurisdiction.
Viventium Software Inc. is a SaaS-based human capital management solution that provides a remarkable user experience and award- winning software. Viventium provides flexible software and expert guidance so clients can be sure their payroll is done right.
Viventium offers specialized solutions in the health services markets which include home care agencies and skilled nursing facilities. Viventium Software supports all fifty of the United States with payroll and HR solutions.
Relax – you’re with Viventium.
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Overtime, oh, it’s a complicated game, Different rules in every state, it’s never the same, Multiply by 1.5, but there’s more to see, In this overtime equation, it’s not that easy, you see.
VERSE 1
In the world of work, there’s a tale to be told, About overtime hours, and the payroll gold, A consistent paycheck, that’s the worker’s dream, But when it comes to overtime, it’s not as easy as it seems.
PRE-CHORUS
Oh, Susie worked hard in San Francisco town, But the rules around overtime, they had her feeling down, 42 hours this week, she gave her all, Now it’s time to calculate, let the numbers fall.
CHORUS
Overtime, oh, it’s a complicated game, Different rules in every state, it’s never the same, Multiply by 1.5, but there’s more to see, In this overtime equation, it’s not that easy, you see.
VERSE 2
Exempt or non-exempt, the title they hold, Where they work, where you’re based, it’s all in the fold, California or New York, the laws they diverge, For payroll admins, it’s a never-ending surge.
PRE-CHORUS
Oh, the DOL’s website, a labyrinth to explore, State regulations galore, it’s quite a chore, Staying compliant, it’s a tricky art, Missing out on requirements can break your heart.
CHORUS
Overtime, oh, it’s a complicated game, Different rules in every state, it’s never the same, Multiply by 1.5, but there’s more to see, In this overtime equation, it’s not that easy, you see.
BRIDGE
But here’s a method that can save the day, A payroll software, to keep errors at bay, Input the info right, integrate with ease, No more manual labor, no more overtime fees.
VERSE 3
Back to Susie’s story, she’s owed her due, According to FLSA, it seems we have a clue, $860 on the table, that’s what we’d say, But California’s got its rules, changing the way.
PRE-CHORUS
Oh, California says, hours past eight, Are overtime-eligible, don’t underestimate, Now Susie’s owed $900, that’s the decree, In this overtime puzzle, you gotta set it free.
CHORUS
Overtime, oh, it’s a complicated game, Different rules in every state, it’s never the same, Multiply by 1.5, but there’s more to see, In this overtime equation, it’s not that easy, you see.
OUTRO
So when it’s overtime, and the rules entwine, Choose a payroll software, let it all align, Viventium’s the name, we’ve got the key, To make overtime calculations a breeze, you’ll see.
ENDING
Don’t overwork yourself, don’t you fret, With Viventium by your side, it’s a safe bet, Relax, you’re with us, in this overtime fight, With the right tools in hand, everything’s gonna be alright.
Take back time, like a winding clock, Retroactive pay, mending every block. Calculate the hours, with precision and grace, In the world of care, in this payroll space.
VERSE 1
In the world of care, where time slips away, Caregivers dedicate, every single day. But when the hours are missed, in the daily race, Retroactive pay, steps up to embrace.
PRE-CHORUS
A caregiver tired, at the week’s end, Forgot to log hours, a mistake to mend. Admins face the challenge, calculations to make, To set it right, for the caregiver’s sake.
CHORUS
Take back time, like a winding clock, Retroactive pay, mending every block. Calculate the hours, with precision and grace, In the world of care, in this payroll space.
VERSE 2
Manual calculations, prone to a flaw, Dealing with shifts, odd hours, and the law. As your business grows, the cost takes flight, Automated solutions, shining bright.
PRE-CHORUS
Compliance is key, with FLSA’s might, Calculate and compensate, get it right. Avoid the audit’s gaze, fines and the cost, Retroactive pay, no longer lost.
CHORUS
Take back time, like a winding clock, Retroactive pay, mending every block. Calculate the hours, with precision and grace, In the world of care, in this payroll space.
BRIDGE
Employee satisfaction, a crucial part, Resolve mistakes, a work of heart. Relationships flourish, in pay’s embrace, A payroll software, creating a trace.
VERSE 3
Star caregivers, valued and strong, Retention and recruiting, where they belong. Automated solution, a total pay dance, Establish your business, a work-life romance.
PRE-CHORUS
A self-winding watch, Viventium’s grace, Optimizing payroll, in every case. No more struggles, in the payroll game, In it with you, time and time again.
CHORUS
Take back time, like a winding clock, Retroactive pay, mending every block. Calculate the hours, with precision and grace, In the world of care, in this payroll space.
OUTRO
As your business grows, in the hustle and fight, Viventium by your side, making it right. No more worries, in the payroll chain, In it with you, time and time again.
Geo Tax, oh Geo Tax, our savior in the night, Guiding us through tax laws, shining a bright light. No more payroll worries, no more sleepless nights, With Viventium’s help, we’ll be alright.
VERSE 1
In the world of business, we all aim to thrive, Year after year, our dreams taking flight. But as we soar higher, we start to see, More money, more problems, just like B.I.G. Outgrowing our shell, it’s an exciting phase, But it brings with it some challenging days. Solutions we had, now show their flaws, As we push the boundaries, breaking through the walls.
CHORUS
Geo Tax, oh Geo Tax, our savior in the night, Guiding us through tax laws, shining a bright light. No more payroll worries, no more sleepless nights, With Viventium’s help, we’ll be alright.
VERSE 2
Employees across states, in different localities, Tax laws aplenty, creating complexities. Our old software’s limits, we’ve begun to see, Scaling up our business, we need to break free. Calculating pay and taxes, where it all begins, Errors in this process, lead to countless sins. Employees rely on us, trust in our might, To withhold what’s needed, get it just right.
CHORUS
Geo Tax, oh Geo Tax, our savior in the night, Guiding us through tax laws, shining a bright light. No more payroll worries, no more sleepless nights, With Viventium’s help, we’ll be alright.
BRIDGE
Taxes, they’re not simple, that’s for sure, A world of complexity, there’s always more. But Viventium stands with us, in this fight, Geo Tax, our ally, making everything right.
VERSE 3
CPAs may struggle, and admins too, Keeping up with taxes, what can they do? The rules keep changing, it’s hard to keep pace, But Viventium’s here, in this challenging space.
CHORUS
Geo Tax, oh Geo Tax, our savior in the night, Guiding us through tax laws, shining a bright light. No more payroll worries, no more sleepless nights, With Viventium’s help, we’ll be alright.
OUTRO
So relax, dear business, and set your mind free, With Geo Tax on our side, we’re the best that we can be. Viventium’s got us, in this tax-filled fight, No more worries, no more sleepless nights.
REPEAT CHORUS
Geo Tax, oh Geo Tax, our savior in the night, Guiding us through tax laws, shining a bright light. No more payroll worries, no more sleepless nights, With Viventium’s help, we’ll be alright.
Configurable Payroll Grids, a helping hand in sight, In the realm of admin life, where details are rife. With custom views and filters, they navigate through the night, Let’s celebrate this feature, it’s the heart of our work life.
VERSE 1
In the world of admin tasks, where changes often arise, There’s a tool that’s been a savior, under office fluorescent skies. With flexibility and precision, it eases their daily strife, Let’s sing about this feature, it’s the pulse of our work life.
CHORUS
Configurable Payroll Grids, a helping hand in sight, In the realm of admin life, where details are rife. With custom views and filters, they navigate through the night, Let’s celebrate this feature, it’s the heart of our work life.
VERSE 2
Admins wear many hats, in their daily grind, Sometimes they need to adjust, leave no errors behind. Adding extra hours, bonuses, or fixing pay, They need a simple method, to make it all okay.
CHORUS
Configurable Payroll Grids, a helping hand in sight, In the realm of admin life, where details are rife. With custom views and filters, they navigate through the night, Let’s celebrate this feature, it’s the heart of our work life.
BRIDGE
Custom views and filters, tailor it to your need, Focus on the important, no need for needless speed. A hundred-dollar bonus, a few clicks and it’s in flight, Admins get it done, making sure it’s right.
VERSE 3
In the admin’s world, where numbers have their say, This tool steps in gracefully, making tasks less gray. An interface so intuitive, like an Excel sheet, Changing data effortlessly, making work complete.
CHORUS
Configurable Payroll Grids, a helping hand in sight, In the realm of admin life, where details are rife. With custom views and filters, they navigate through the night, Let’s celebrate this feature, it’s the heart of our work life.
OUTRO
So here’s to Payroll Grids, in our song of praise they gleam, For admins working diligently, they fulfill a dream. In the world of office hustle, they bring much-needed light, Let’s tip our hats to this tool, and its invaluable might.
Rule-Based Automation, it’s the name of the game, Less manual toil, less stress and shame, With policies and standards, we’ll pave the way, To automate your chores and brighten your day.
VERSE 1
In the world of payroll, a daily task we face, Admins work hard, in this complex space, They handle policies, with attention and care, But there’s a solution that’s beyond compare.
PRE-CHORUS
Oh, payroll admins, your role’s crucial and true, But there’s a tool we’ve got, just for you, Let’s explore rule-based automation, my friend, With Viventium, your tasks will gently mend.
CHORUS
Rule-Based Automation, it’s the name of the game, Less manual toil, less stress and shame, With policies and standards, we’ll pave the way, To automate your chores and brighten your day.
VERSE 2
Standardize policies, that’s the key, For tenure, role, union status, you’ll see, PTO, bonuses, pay rates defined, Automation makes your workload more aligned.
PRE-CHORUS
Oh, payroll admins, the burden’s a load, But rule-based automation lightens the road, No more tiresome chores, no more dread, With Viventium, it’s smoother ahead.
CHORUS
Rule-Based Automation, it’s the name of the game, Less manual toil, less stress and shame, With policies and standards, we’ll pave the way, To automate your chores and brighten your day.
BRIDGE
In the world of payroll, where tasks repeat, We’ve got the solution, it’s oh so neat, “If this, then that,” it’s simple and sly, With Viventium by your side, you’ll reach for the sky.
VERSE 3
Tenure-based PTO, a common request, With Viventium, it’s passed the ultimate test, Set it up once, and then you’ll see, Automation handles the chore, oh so free.
PRE-CHORUS
Oh, payroll admins, take a breath, take a pause, With Rule-Based Automation, you’ll find no flaws, It’s easy, it’s simple, no programming in sight, Viventium’s got you covered, day and night.
CHORUS
Rule-Based Automation, it’s the name of the game, Less manual toil, less stress and shame, With policies and standards, we’ll pave the way, To automate your chores and brighten your day.
OUTRO
So if you’re a payroll admin, feeling the weight, Let Viventium’s Rule-Based Automation be your fate, No more worries, no more strife, With Viventium, you’ll transform your work life.
Oh, the Report Library, it’s the heart of the show, Where numbers come alive and insights start to flow. With Viventium’s aid, it’s a breeze, can’t you see? Reporting made easy, for your company to be free.
VERSE 1
In the world of business, it’s a complex game, With factors and figures, it’s never the same. Decisions are key, they’ll determine your fate, So listen up closely, don’t be a bit late.
PRE-CHORUS
Gather your data, don’t let it fade, In the depths of spreadsheets, don’t let it cascade. Your HCM software, is it up to the task? To capture and store, to help you unmask.
CHORUS
Oh, the Report Library, it’s the heart of the show, Where numbers come alive and insights start to flow. With Viventium’s aid, it’s a breeze, can’t you see? Reporting made easy, for your company to be free.
VERSE 2
Once the data’s collected, it’s time to report, But it can be daunting, that’s the common retort. Pre-built solutions, they’re your guiding light, Turning raw data into visions so bright.
PRE-CHORUS
No more manual hours, no errors in sight, With report library’s might, everything’s right. Payroll summaries, tax liabilities, and more, All in a flash, you’ll have what you adore.
CHORUS
Oh, the Report Library, it’s the heart of the show, Where numbers come alive and insights start to flow. With Viventium’s aid, it’s a breeze, can’t you see? Reporting made easy, for your company to be free.
BRIDGE
Viventium’s here, with a passion so true, Constantly improving, for folks just like you. A Report Library, a gift from the stars, For data-driven dreams, it’ll take you far.
CHORUS
Oh, the Report Library, it’s the heart of the show, Where numbers come alive and insights start to flow. With Viventium’s aid, it’s a breeze, can’t you see? Reporting made easy, for your company to be free.
OUTRO
So remember this lesson, in the business terrain, It’s all ’bout decisions, don’t let ’em wane. With data as your guide, and Viventium’s grace, You’ll conquer the challenges you’ll face.
