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"Accurate workforce forecasting, scheduling, and deployment are as basic to business success as anything a company does. If your company can cost-effectively solve its complex workforce management challenges, you will improve your day-to-day labor performance and that will improve overall business results. "
Source: Infor

Resources Related to Ensuring Enterprise-wide Compliance:

Ensuring Enterprise-wide Compliance

Enterprise-wide Compliance is also known as : Department of Labor, Employment Laws, Help Desk, United States Department of Labor, Sarbanes Oxley Compliance, Network Management, Employment Labor Law, Workforce Management,
WFM Workbrain, Information Security, Labor Law Information, Compliance Checklist, Labour Law, Corporate Awareness of Labor Law, Child Labor Laws, IT Management, Working Conditions, Employee Rights at Work, Compliance Software, Dol, Violations of Labor Laws, Compliance Strategy, Fair Labor Standards ACT, FLSA Cases, Family Medical Leave ACT, Fmla, Labor Rights.

Table of contents

   

Introduction

Corporate awareness of labor law breaches is on the rise, yet compliance with these regulations remains elusive. In 2004, one of the world's largest retailers discovered over 1,000 contraventions of child labor laws during an internal audit. Since 2001, back-wages collected by the Department of Labor (DOL) for violations of labor laws increased 33 percent. A quick-service company was fined $13 million, a financial services provider was fined $22 million, and an insurance firm was dealt a $90 million judgment. Corporate awareness is not a sufficient compliance strategy.

Complying with the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), and other labor laws and regulations represents major challenges for employers. At the same time, non-compliance with these government regulations is becoming increasingly costly.

In 2003, the DOL reported that back wages collected on FLSA cases alone reached approximately $212 million, a 21% increase from a 2002 record. Inadequate workforce management processes are largely to blame for non-compliance with government workforce regulations. The list of shortcomings is long and the issue widespread: labor forecasting and scheduling that does not account for minor work rules; time collection methods that cannot prevent overtime violations; manual payroll calculation practices that result in compensation errors; entitlement tracking approaches that cannot keep up with changing labor regulations. The challenges are particularly acute in industries with large hourly workforces such as retail, manufacturing, healthcare, and transportation.

A key element of any labor compliance program is improving the accuracy, auditability, and consistency of workforce management processes-employee forecasting and scheduling, time and attendance, and workforce reporting. These processes have historically had little automation and few controls. For market-leading organizations, this focus is more than a legal matter. FMLA and FLSA violations not only impact the bottom line, but erode goodwill between employers and employees.

As the second in a series of enterprise compliance white papers, this document examines the risks facing companies grappling with labor law compliance. Labor laws represent only one element of a comprehensive workforce compliance initiative. It is critical for organizations to adopt measures that help to ensure enterprise-wide compliance. In the other white papers of the series, "The Sarbanes Oxley Act" (SOA) and "Internal Regulations", additional critical elements of successful compliance initiatives are discussed.

A leader in workforce management, Infor WFM Workbrain assists the world's largest and most complex companies to effectively plan, deploy, and manage their workforces to achieve compliance objectives.

The Department of Labor

While SOX may often dominate the corporate compliance agenda, the prevalence of highly visible corporate convictions for DOL infractions keeps labor law violations prominent in the media. Labor laws represent some of the most complex regulations a corporation must follow. The FMLA and the FLSA are examples of legislation that have proven both complicated and costly to employers. The FMLA guarantees eligible employees unpaid leave for specific medical reasons. In 2003, there were 3,565 complaints of the FMLA violations, and millions of dollars awarded to complainants. Widespread confusion about how to apply FMLA regulations is aggravated by leave management processes that are decentralized and manual. The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards for full-time and part-time workers in the private sector and in federal, state, and local governments. Though FLSA remained largely unchanged for 50 years, organizations still struggle to maintain compliance with its extensive provisions. In 2003, back-wages collected by the DOL for Fair Labor Standards Act infractions alone reached an 11-year high.

Challenges and risks

Back-wages, front pay, and legal costs are only a portion of the burden that saddles employers who don't comply with these DOL regulations. In fiscal year 2003, the DOL assessed employers nearly $10 million in civil penalties.

Until August of 2004, the FLSA had remained virtually unchanged for over a half century. Still, many employers do not grasp all of the FLSA's complicated requirements. A study by the DOL estimates that over one-half of all employers have misclassified employees, exposing employers to back- wage liability. Navigating the complexity of labor laws is challenging enough without the internal risks of inconsistently or incorrectly applying rules to employees. Daily, intentions to comply with DOL regulations are compromised by the manual interventions interspersed throughout workforce processes.

Of the host of federal labor laws administered by the DOL, two regulations that offer particular compliance challenges for employers are minor laws and overtime rules. Minor law violations often begin with improper workforce deployment. Employee scheduling errors result in the inadvertent scheduling of minors into shifts that violate labor laws. Maximum weekly hour thresholds, school- night hours constraints, and a host of other minor-aged employee work rules are easily broken in manual scheduling environments. Even if a schedule is generated accurately and correctly, day of operations adjustments can produce further errors.

Without visibility into the impact on minor law thresholds, managers who manipulate employee schedules to deal with unplanned absences or unexpected demand can unwittingly schedule employees into illegal shifts. The scheduling of minors during unauthorized periods, or in excess of authorized hours, is a complex activity that requires constant monitoring. With fines of $11,000 per minor rule infraction, even involuntary contraventions come with stiff financial consequences.

These financial vulnerabilities extend beyond the fines associated with minor laws. Accurately tracking and paying overtime is one of the largest concerns for employers trying to comply with the FLSA. In recent history, a large insurance company paid $130 million settlement in overtime back wages to a group of adjusters. Meanwhile, a national telecommunication company's employees were compensated $62 million in unpaid overtime. Overtime calculation errors are frequently the result of inadequate time and attendance processes. Improper employee classification, manual tracking of overtime by supervisors, and deficient time-collection methods are often the culprits. Ensuring accurate, consistent application of overtime rules across the workforce can be grueling, and missteps can be costly.

The challenges of FLSA compliance don't end with overtime and minor rules concerns. Keeping entitlements synchronized with changing labor laws presents additional complexities in these environments. Tracking entitlements accurately and consistently across the entire workforce is a critically important exercise for employers. Courts have shown that intent and good faith do not spare companies from the judgments and settlements resulting from such labor law violations.

Solution/Recommendation

Rather than letting frustrated employees and the DOL identify problematic situations, market leaders rely on end-to-end workforce management solutions to prevent issues from ever arising. Limiting manual intervention and ensuring access to key data are essential to labor law compliance. However, companies must look beyond time and attendance automation. Compliance with DOL regulations requires a workforce management solution that provides not only 100 percent pay rule automation, but also predictive and compliance capabilities in labor forecasting and scheduling processes, workforce reporting, and time-capture methodologies.

Compliance with minor work rules, for example, requires advanced labor forecasting and employee scheduling capabilities. This is particularly true for large, highly distributed workforces in the services industry. Creating and publishing employee schedules while manually reconciling labor laws with other internal policies and regulations open companies to significant risk. Schedule optimization ensures that minors are scheduled according to minor work rule constraints such as limitations in work hours. The system is configured to account for labor legislation in the scheduling process, and real-time workflows alert stakeholders of impending violations to labor laws.

Employers must maintain their vigilance up to the day of operations, where events can occur that renew the risk of violations. A store manager might manipulate a schedule to deal with an unplanned absence and inadvertently schedule a minor into an illegal shift. An employee showing up early for work could result in increased work time and violate a minor law. Real-time schedule validation at the point of punch, and real-time manager alerts and notifications, can prevent occurrences such as these from happening.

Once schedules are published and filled, time and attendance solutions ensure accurate time tracking and prevent pay-rule application errors. The automation of all pay rules ensures that an organization's rules are applied consistently without exception. Even when companies automate a portion of their pay rules, the most complex rules commonly remain manual, leaving most at risk of error. A 100 percent pay-rule automation is vital to continued labor law compliance.

The key to a sustainable, 100 percent automated pay-rule approach is to avoid expensive customization. Advanced technology can automate even the most convoluted pay rules through configuration. Total cost of ownership remains low, providing executives the comfort that long-term compliance - even in an environment of changing labor regulations is sustainable. Advanced workforce management technologies enable pay rules to be easily modified by a business user to reflect evolving legislation.

Complying with labor laws isn't limited to accurately collecting and processing data. Companies must be able to extract data easily and accurately and monitor compliance continuously. Leading solutions include query tools designed for business users so that the key compliance stakeholders can monitor adherence to regulations without unnecessary reliance on IT. In addition, solutions must provide flexible auditing functionality. For example, time and attendance records should be delivered with the ability to time-and date-stamp every transaction, and log any changes made to data, in real time.

Compliance checklist

While workforce management solutions may differ, the following key features can help to ensure predictable workforce processes and alignment with DOL regulations.

100% Pay rule automation Pay rules that aren't automated are typically the most complex, manual, and error-prone. Without automation of all pay rules, the chances of producing an inaccurate payroll remain. In addition, changes to regulations and laws can mean needless difficulties to update manual processes, promising more inconsistencies.
Industry-specific scheduling solutions Look for employee scheduling solutions tailored to meet the needs of your particular industry. Deployment of labor is a critical first step in the path toward compliance, and ill-suited scheduling solutions can result in improper workforce deployment. Large retailers, for example, require sophisticated labor forecasting and schedule optimization to ensure DOL regulations are adhered to as hard constraints in the scheduling process. Manufacturers, by contrast, require a solution that ensures that right-skilled employees are scheduled to work on certain shifts and machinery, to avoid safety violations.
Time and attendance A robust system automates time tracking, pay-rule calculation, and application. Delivered libraries of pay rules ensure fast and exact fit to unique processes. Real-time validation at the clock reader prevents employees from clocking into non-compliant shifts.
Workflow Workflow pushes real-time alerts to stakeholders to keep them ahead of potential DOL violations. A push-based technology architecture is required to trigger these proactive manager and executive notifications.
Central integrated database An end-to-end, integrated solution that centralizes workforce management for decision support, analytical insight, and compliance with reporting demands of SOX and the DOL.
Flexible reporting / auditing Time/date stamps for every transaction and a log for every change in the system. On-demand queries should allow business users to report on data without unnecessary reliance on IT.
Security framework Ensure that the right people have the right access to the right data—configurable, rules-based, and integrated with Workflow to enable a fully automated and optimized process.
Superior technology An advanced architecture ensures the sustainability of compliance initiatives. Technology that allows for configuration of the most complex pay rules inside upgradeable libraries, lowering total cost of ownership (TCO) and long-term maintenance of compliance.

Summary

More than ever, employees are prepared to voice their dissatisfaction with labor-law violations. The courts can impose back-wage settlements that are materially damaging to a company's income statement while the media publicity can be harmful to a company's reputation. At the same time, labor law violations increase workforce dissatisfaction and frustration, affecting productivity and turnover.

Complying with DOL regulations requires an end-to-end workforce optimization solution capable of optimizing the entire workforce supply chain-from labor planning to deployment to time management to measurement. C Manual steps and touch points expose organizations to workforce management inconsistencies, and the resulting errors leave employers in peril of breaching labor laws.

The same tools that ensure compliance with labor laws also create a competitive advantage for customers by dramatically lowering operating expenses and improving workforce performance. For their efforts towards achieving enterprise-wide compliance, companies are rewarded with an optimized workforce. The impacts on profitability can be stunning. Infor WFM Workbrain solutions are proven to lower inflated payrolls, boost productivity by matching labor supply to demand, and increase labor data accuracy.

All companies must respect the DOL regulations. However, market leaders recognize that embracing labor law compliance with automated workforce management solutions provides an opportunity to bolster their competitiveness.

About Infor WFM Workbrain

Infor WFM Workbrain solutions help enterprising businesses to automate and standardize their time and labor processes. Consisting of workforce planning, scheduling, forecasting, time and attendance, talent management, and analytics, this solution enables you to reduce costs, increase sales, and boost employee satisfaction.

About Infor

Infor acquires and develops functionally rich software backed by thousands of domain experts and then makes it better through continuous innovation, faster implementation options, global enablement, and flexible buying options. In a few short years, Infor has become the third largest provider of business software. For additional information, visit www.Infor.com.

Disclaimer
This document reflects the direction Infor may take with regard to the specific product(s) described in this document, all of which is subject to change by Infor in its sole discretion, with or without notice to you. This document is not a commitment to you in any way and you should not rely on this document or any of its content in making any decision. Infor is not committing to develop or deliver any specified enhancement, upgrade, product or functionality, even if such is described in this document.

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