TOTAL COMPENSATION & PERSONNEL LAW

1. TOTAL COMPENSATION & PERSONNEL LAW for: Women In Agriculture by: Sarah Sanders Smith Assistant Professor Organizational Leadership & Supervision Purdue University North Central

2. Compensation • How to determine, in a particular geographical area, farm wage scales • Pay leader, pay follower or market value? • What benefits must employers provide (ie: required by law)? • What optional (discretionary) benefits should be considered?

3. Intrinsic vs. Extrinsic • Intrinsic Compensation: Employees’ psychological mindsets that result from performing their jobs • Extrinsic Compensation: Both monetary and non-monetary rewards • This session’s focus? Extrinsic Compensation

4. Types of Extrinsic Comp • Core Compensation (base pay) • Adjustments to Core Compensation • Cost-of-living Adjustments (COLA) • Seniority Pay (length of service) • Merit Pay (job performance) • Incentive Pay (goals, objectives) • Person-focused Pay (new k, s, a’s)

5. Types of Extrinsic Comp • Legally Required Benefits • Social Security • Unemployment Compensation • Workers’ Compensation • FMLA • Discretionary Benefits • Companies “choose” to offer or not

6. Compensation Components of a Total Compensation ProgramExternal EnvironmentInternal Environment Financial Non-Financial Direct Wages Salaries Commissions Bonuses Indirect (Benefits) Legally Required Benefits Social Security Unemployment Compensation Workers’ Compensation Family & Medical Leave Voluntary Benefits Payment for Time Not Worked Health Care Life Insurance Retirement Plans Employee Stock Option Plans Supplemental Unemployment Benefits Employee Services Premium Pay Unique Benefits The Job Skill Variety Task Identify Task Significance Autonomy Feedback Job Environment Sound Policies Competent Employees Congenial Coworkers Suitable Status Symbols Working Conditions Workplace Flexibility Flextime Compressed Work Week Job Sharing Flexible Compensation Telecommuting Part-time Work Modified Retirement

7. Core Compensation

8. Determinants of Individual Financial Compensation • Organization • Labor market • Job • Employee

9. The Organization’s Ability to Pay Organization’s assessment of its ability to pay is important factor in determining pay levels

10. The Labor Market as a Determinant of Financial Compensation • Compensation surveys • Expediency • Cost of living • Labor unions • Economy • Legislation

11. “About 40% to 70% of costs in production agriculture are related to labor costs. Thus, it seems that effective management of these costs plays a vital role in the competitiveness of agricultural producers.” http://www.cnr.berkeley.edu/ucce50/ag-labor/

12. Compensation Surveys • What are other farms paying? • What are other employers who would hire our workforce paying? • Geographic area of survey • “Benchmark” Jobs

13. Compensation Surveys • Some are free, some are fee • Don’t be afraid to look around… • Bureau of Labor Statistics • www.bls.gov • Layoffs, Unemployment Rates, CPI, Inflation Calculator • WorkOne

14. WorkOne: http://www.workonewestcentral.org/

15. Expediency • Can you start tomorrow at 3:30 AM? • Can you start yesterday? • Beware of expediency and its affect on decision-making

16. Cost of Living • If an employee makes $10/hour and you give them a 50 cent raise, what percent increase did they receive??? • Answer: 5% • Not!!! • The “Real Wage” increase must account for inflation

17. Cost of Living and Real Wage • IF the inflation rate in your area is 2% • THEN the Real wage increase is the amount of the raise – inflation • A 5% increase – 2% cost of inflation = “real” pay increase of 3% • How to determine inflation? • CPI – Bureau of Labor Statistics, or…

18. Inflation Calculator http://www.bls.gov/

19. The Job as a Determinant of Financial Compensation • The job itself continues to be a factor, especially for those employers who have internal pay equity as a primary consideration • Organizations pay for the value they attach to certain duties, responsibilities, and other job-related factors such as working conditions

20. Compensation Policies • Pay leaders – pay higher wages and salaries • Market rate, or going rate – pay what most employers pay for same job • Pay followers – pay below market rate because poor financial condition or believe they do not require highly capable employees

21. Legally Required Benefits • Social Security • Unemployment Compensation • Workers’ Compensation • FMLA

22. Internal Revenue Code (IRC) • FICA = Federal Insurance Contributions Act: • Finances Social Security Old-Age • Survivor and Disability Insurance programs • (OASDI) • FUTA = Federal Unemployment Tax Act • Unemployment taxes

23. Calculating Unemployment Compensation • Two Methods • WorkOne will evaluate for you what is the most economically feasible • Pay per case, or… • Pay a set premium

24. Unemployment Compensation • When it is a true “layoff”, the answer is easy • A termination often triggers an investigation • How do you “win”?... • Documentation and timely response to inquiries!!!

25. Workers’ Compensation • Train in an understandable manner • NIOSH FACEWeb case examples • Offer light duty • Always obtain a full release for all employees who are coming back to full duty • You can consider self-paying to a predetermined dollar amount to decrease premium cost!

26. FMLA • “Covered” employers must grant “eligible employees” up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons: • for the birth and care of the newborn child • for placement with the employee of a son or daughter for adoption or foster care; • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or • To take medical leave when the employee is unable to work because of a serious health condition.

27. FMLA • “Covered Employer” = 50 or more employees in a 75 mile radius • “Eligible Employee” = • (1) Has been employed by the employer for at least 12 months, and • (2) Has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave, and • (3) Is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite.

28. FMLA – What’s New??? • Military related family leave • As Amended by Section 585 of the National Defense Authorization Act for FY 2008: “an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period.”

29. Discretionary Benefits Income Protection Disability Insurance Life Insurance Retirement Plans Health Protection Programs Paid Time-Off Accommodation and Enhancement

30. Employer Costs for C&B’s • Private Industries • Total comp avg = $27.31 / hour • Wages and salaries = $19.12 / hour • Benefits = $8.18 / hour (30 %) • Life, health and disability = $2.22/hour • Legally required (Soc Sec, Medicare, unemployment, workers’ comp) = $2.19/hour • Paid leave (holidays, vacation, sick) = $1.91/hour

31. Cost Advantage • Employers may be able to purchase benefits at a lower cost than individuals • Example: Health Insurance? • More covered lives = decreased risk • High risk folks have less impact on large groups • “Economies of Scale”

32. Less Expensive Discretionary Benefits • Disability Insurance • Life Insurance • Paid Time Off • 401(k) • Unique Benefits • Aflac • Prepaid Legal • The Turkey Dinner

33. The EEOC and Benefits • Equal Pay Act – 1963 • “wages” includes benefits • Title VII of the Civil Rights Act - 1964 • “compensation” includes benefits • Age Discrimination in Employment Act – 1967 • specific reference to benefits • early retirement programs must be voluntary

34. Personnel Law Concerns for Agricultural Employers: • How to write a legally defensible job description • Hispanic workers: legal or not? • Q&A…ask what’s on your mind!

35. Job Analysis: THE Basic Tool! • What physical and mental tasks does the worker accomplish? • When is the job to be completed? • Where is the job to be accomplished? • How does the worker do the job? • Why is the job done? • What qualifications are needed to perform the job?

36. Job Analysis: THE Basic Human Resource Management Tool • Human Resource Planning • Recruitment • Selection • Training and Development • Performance Appraisal • Compensation and Benefits • Safety and Health • Employee and Labor Relations • Legal Considerations • Job Analysis for Teams Tasks Responsibilities Duties Job Descriptions Job Analysis Job Specifications Knowledge Skills Abilities

37. Job Analysis Methods • Questionnaires • Observation • Interviews • Employee recording • Combination of methods

38. O*Net Online

39. Legal Defensibility • Avoid words like “young”, “energetic” • If employment tests are used, make sure they are job related • Publish open positions in a variety of locations that also reflect the workforce • Always strive to hire for “Best Fit” for the job

40. Hispanic Workers • Must accept ID that “reasonably appears” valid • Checking Soc Sec Numbers…you must check ALL to avoid litigation • The “no match” letter…then what do you do?

41. First Step: The “No Match Letter” • Offer the employee a reasonable time frame to come forward with valid identification • A couple of days will usually suffice

42. Now it is Your Turn… Questions? Concerns? Opportunities for Improvement? Thank You! Sarah Sanders Smith Office: (219) 785-5684 Cell: (219) 363-4739 E mail: ssmith@pnc.edu