ATS TimeWork OnDemand is a best-of-breed time and attendance solution that helps small, mid-size and large enterprises streamline payroll costs, tackle complex workforce challenges and improve compliance.

A recent article by Kate Tornone for HRDive titled Docking pay for bathroom breaks exceeding 90 seconds ‘absolutely contrary’ to FLSA states in part;

• Employers must pay workers for breaks lasting 20 minutes or less, the 3rd U.S. Circuit Court of Appeals has ruled (Secretary United States Department of Labor v. American Future Systems, Inc., No. 16-2685 (3rd Cir., Oct. 13, 2017)). The opinion came in a Fair Labor Standards Act (FLSA) suit filed by sales representatives at American Future Systems, doing business as Progressive Business Publications (PBP). The reps were paid only for time spent logged into their computers; any time away that lasted longer than 90 seconds became unpaid.
• Federal regulations say that breaks of 20 minutes or less are compensable (see 29 CFR 785.18) but PBP argued that it didn’t provide “breaks;” rather, it maintained an arrangement called “flex time” that allowed workers to go off the clock whenever they wanted, for any reason. The court, however, was not persuaded; that’s an arrangement that “forces employees to choose between such basic necessities as going to the bathroom or getting paid unless the employee can sprint from computer to bathroom, relieve him or herself while there, and then sprint back to his or her computer in less than ninety seconds.” Docking the pay of employees who can’t manage to do that is “absolutely contrary to the FLSA,” the court said.
• Ruling in the employees’ favor, the 3rd Circuit upheld a lower court’s summary judgment for them. That court had previously found the employer liable for least $1.75 million in back wages and damages, according to the U.S. Department of Labor (DOL). The ruling applies in Delaware, New Jersey, Pennsylvania and the Virgin Islands.

There is likely more than meets the eye to this issue which prompted the DOL to intervene, if you are using the honour system and/or some paper-based time sheets to track employee time.

Managing employee schedules, overtime and work hours should not be a complex issue, if you using a solution like ATS TimeWork OnDemand.

Some of the benefits include:

• The automation of time tracking and reporting capabilities, while giving employees self-service access to Internet-enabled devices like smartphones and tables.
• Transforming human resources tasks from an administrative function to a strategic asset with powerful integration tools to; HRIS, Payroll and ERP.
• Improved accrual benefits management- this embedded module gives you the tools to track and monitor employee vacation and other absences, thus eliminating the types of errors that occur in a manual-based environment.

ATS TimeWork OnDemand application is designed to help you grow your business by automating routine tasks and providing power analytic tools to better manage your workforce.

To learn more about ATS TimeWork OnDemand, go to our website. You can also register for a bi-weekly webinar or download a demonstration. To reach an account representative by phone, call: 866.294.2467.