TOTAL COMPENSATION & TOTAL COMPENSATION & PERSONNEL LAWPERSONNEL LAW

for:Women In Agriculture

by: Sarah Sanders SmithAssistant Professor

Organizational Leadership & SupervisionPurdue University North Central

CompensationCompensation

• 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?

Intrinsic vs. ExtrinsicIntrinsic 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

Types of Extrinsic CompTypes of Extrinsic Comp

1) Core Compensation (base pay)

2) 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)

Types of Extrinsic CompTypes of Extrinsic Comp

3) Legally Required BenefitsSocial SecurityUnemployment CompensationWorkers’ CompensationFMLA

4) Discretionary BenefitsCompanies “choose” to offer or not

Components of a Total Compensation Program External EnvironmentInternal Environment

Compensation

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

Financial Non-Financial

Core Compensation

Determinants of Individual Financial Compensation

• Organization

• Labor market

• Job

• Employee

The Organization’s Ability to Pay

Organization’s assessment of its ability to pay is important factor in determining pay levels

The Labor Market as a Determinant of Financial Compensation

• Compensation surveys• Expediency

• Cost of living• Labor unions

• Economy• Legislation

“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/

Compensation Surveys• What are other farms

paying?• What are other

employers who would hire our workforce paying?

• Geographic area of survey

• “Benchmark” Jobs

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

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

Expediency

• Can you start tomorrow at 3:30 AM?• Can you start yesterday?• Beware of expediency and its affect on

decision-making

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

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…

Inflation Calculatorhttp://www.bls.gov/

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

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

Legally Required Benefits

Social SecurityUnemployment CompensationWorkers’ CompensationFMLA

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

Calculating Unemployment Compensation

• Two Methods• WorkOne will evaluate for you what is

the most economically feasible• Pay per case, or…• Pay a set premium

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!!!

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!

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.

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.

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.”

Discretionary Benefits

Income ProtectionDisability InsuranceLife InsuranceRetirement Plans

Health Protection ProgramsPaid Time-OffAccommodation and Enhancement

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

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”

Less Expensive Discretionary Benefits

• Disability Insurance• Life Insurance• Paid Time Off• 401(k)• Unique Benefits

• Aflac• Prepaid Legal• The Turkey Dinner

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

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!

Job Analysis: THE Basic Tool!

1. What physical and mental tasks does the worker accomplish?

2. When is the job to be completed?

3. Where is the job to be accomplished?

4. How does the worker do the job?

5. Why is the job done?

6. What qualifications are needed to perform the job?

Job Analysis: THE Basic Human Resource Management Tool

Tasks Responsibilities Duties

Job Analysis

Job Descriptions

Job Specifications

Knowledge Skills Abilities

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

Job Analysis Methods

• Questionnaires• Observation• Interviews• Employee recording• Combination of

methods

O*Net Online

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

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?

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

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