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 organizations surveyed do not comply with key provisions of the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA).

Due to complex compliance issues and the high cost of noncompliance, WorkForce Software offers compliance analysis services. Our consultants analyze your organization’s adherence to various state and federal regulations. WorkForce Software knows the many intricacies of these regulations and the common compliance oversights.

Our services help you gauge your compliance with the following 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 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 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. 
• 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.
• Union Contracts.  Most union bargaining agreements require the employer to follow various calculations on overtime, shift pay, holidays, and other special payment, which are in addition to various state and federal laws. Other rules are also imposed on the employer including how employees are scheduled and how breaks and overtime opportunities are offered.

If we uncover noncompliance, we inform you of the affected areas and recommend appropriate procedural changes within your organization, along with solutions using EmpCenter to ensure compliance.

Through our consultative approach and primary market research, 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 or click one of the links below to be taken directly to the corresponding page:

• Sarbanes Oxley
• FLSA
• FLSA Interpretation No. 2010 – 1
• FMLA
• California leave law
• Resident Duty Hours restrictions
• Minor work hour restrictions
• Transportation industry work hour limits
• Nuclear Regulatory Commission 10 CFR Part 26