DOL finalizes FLSA joint employer rule, limiting business liability

HR Dive | January 14, 2020

The U.S. Department of Labor (DOL) has limited joint employer liability under the Fair Labor Standards Act (FLSA) in final regulations published Jan. 12. The rule, slated to be published in the Federal Register Jan. 16, spells out the circumstances under which more than one business can be held liable for FLSA violations. It largely adopts the "four-factor balancing test" from DOL's proposed version of the rule while also clarifying that an employee's "economic dependence" on an employer does not determine whether it is a joint employer. The rule also provides additional examples of business models, business practices and contractual agreements that do not make joint employer status more or less likely under the FLSA. The rule is set to take effect March 16, 2020, or 60 days from the date of publication.

Spotlight

What a difference a year makes. After a sustained period of economic downturn, optimism has finally become the prevailing mood of the UK workforce. Business and economic forecasts look rosier than they have in years, and confidence has bounced back with a vengeance.

Spotlight

What a difference a year makes. After a sustained period of economic downturn, optimism has finally become the prevailing mood of the UK workforce. Business and economic forecasts look rosier than they have in years, and confidence has bounced back with a vengeance.

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HR STRATEGY

TELUS and LifeWorks receive court approval and key regulatory approvals for proposed acquisition

TELUS and LifeWorks | August 12, 2022

TELUS Corporation and LifeWorks Inc. today announced that the Ontario Superior Court of Justice (Commercial List) has granted its final order (the Court Approval) approving the plan of arrangement (the Arrangement) in respect of the acquisition by TELUS of LifeWorks previously announced on June 16, 2022. TELUS and LifeWorks also announced that the Competition Bureau of Canada has issued a no action letter in respect of the Arrangement. Accordingly, Competition Act Approval, as defined and as required by the Arrangement Agreement previously entered into between LifeWorks and TELUS, has been obtained. In addition, the applicable waiting period in relation to the Arrangement under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, has expired (the HSR Approval), with the result that the acquisition is clear to proceed in the United States as well as Canada. The Court Approval, the Competition Act Approval and the HSR Approval are significant milestones toward closing TELUS’ acquisition of LifeWorks and follows LifeWorks’ shareholder approval, which was obtained at a special meeting of LifeWorks’ shareholders on August 4, 2022. Pending receipt of regulatory approvals in the United Kingdom and Australia, and the satisfaction of customary closing conditions, the Arrangement is expected to proceed to closing which is anticipated to be on or about the fourth quarter of 2022. “We are pleased to have reached this significant milestone, with clearance to proceed with the TELUS – LifeWorks transaction in Canada and the United States, Importantly, we have seen overwhelming support from LifeWorks’ team members, customers and shareholders, and I am confident that the potent combination of the respective skills and capabilities of LifeWorks and TELUS Health will create a world-leading, end-to-end, digital-first employee primary and preventative healthcare, mental health and wellness platform, covering more than 50 million lives, and growing, on a global basis. We look forward to welcoming LifeWorks employees into our TELUS family so that, together, we can help even more people around the world lead their healthiest and most productive professional and personal lives.” -Darren Entwistle, President and CEO of TELUS This is an exciting new chapter for LifeWorks and together with TELUS we will be able to accelerate our shared vision of empowering individuals to take a more proactive role in the management of their health by unifying the continuum of care through digital-first innovations, as well as our unmatched in-person care, Our two organizations are aligned as leading purpose-driven companies that are committed to improving the lives of people around the world,said Stephen Liptrap, President and CEO of LifeWorks. About TELUS Corporation TELUS is a dynamic, world-leading communications technology company with $17 billion in annual revenue and 17 million customer connections spanning wireless, data, IP, voice, television, entertainment, video, and security. Our social purpose is to leverage our global-leading technology and compassion to drive social change and enable remarkable human outcomes. Our longstanding commitment to putting our customers first fuels every aspect of our business, making us a distinct leader in customer service excellence and loyalty. The numerous, sustained accolades TELUS has earned over the years from independent, industry-leading network insight firms showcase the strength and speed of TELUS’ global-leading networks, reinforcing our commitment to provide Canadians with access to superior technology that connects us to the people, resources and information that make our lives better. TELUS Health is Canada’s leader in digital health technology, improving access to health and wellness services and revolutionizing the flow of health information across the continuum of care. TELUS Agriculture & Consumer Goods is a global technology provider of innovative data insights and digital solutions, creating a unified, trusted and sustainable value chain. TELUS International is a leading digital customer experience innovator that designs, builds, and delivers next-generation solutions, including AI and content moderation, for global and disruptive brands across high-growth industry verticals, including tech and games, communications and media and ecommerce and FinTech. TELUS and TELUS International operate in 28 countries around the world. Driven by our determination and vision to connect all citizens for good, our deeply meaningful and enduring philosophy to give where we live has inspired TELUS, our team members and retirees to contribute more than $900 million, in cash, in-kind contributions, time and programs, and 1.8 million days of service since 2000. This unprecedented generosity and unparalleled volunteerism have made TELUS the most giving company in the world. Together, let’s make the future friendly. About LifeWorks LifeWorks is a world leader in providing digital and in-person solutions that support the total wellbeing of individuals – mental, physical, financial and social. As the trusted leader in mental health and wellbeing, LifeWorks delivers a personalized continuum of care that helps our clients improve the lives of their people and by doing so, improve their business. Guided by our purpose to improve lives and improve business, we help our clients improve the wellbeing of their people, we help them improve workforce engagement and productivity, thereby improving the performance of our clients’ organizations. LifeWorks is a publicly traded company on the Toronto Stock Exchange. LifeWorks has approximately 7,000 employees, 25,000 clients, and serves 36 million individuals and their families in more than 160 countries.

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HR PRACTICE,HR STRATEGY

Wagepoint acquires KinHR to build ultimate workplace "happiness" solution for small businesses and their teams

Wagepoint | August 10, 2022

Canadian fintech company Wagepoint is doubling-down on its mission to bring happiness to small businesses and their teams with a new acquisition. KinHR – soon to become People by Wagepoint – has joined Wagepoint's family of products, which will create a single solution that takes payroll, time and attendance and (now) human resources tasks off small business owners' hands so that they can get back to doing literally anything else. KinHR is known as a simple, friendly and reliable people management software among its 4,500 global users. This makes it the perfect puzzle piece to complete Wagepoint's stack of small business products, offering everything CEOs and founders need to take care of their people right from the moment they're hired. People by Wagepoint will offer features like an employee directory, time-off management, new hire onboarding, document storage and eSignatures, in addition to ongoing employee performance management tools like employee objectives and reviews. The product will help make workplace operations easier, and maybe even a little "sweeter", for both employers and their teams. "Payroll and HR go together like summer and popsicles – minus the sticky fingers!, When done right – that is, with a focus on keeping it simple and truly caring about the human experience – both payroll and HR can contribute to a happy workplace, just like ice cream! We're excited to welcome People by Wagepoint to our family of products. Now, we can help our customers create a delightful experience for their employees, right from the moment of hire and at every touchpoint that follows." - Shrad Rao, CEO of Wagepoint Delighting customers will remain a key pillar as the company moves forward with the rebrand and builds a team around People by Wagepoint. Both Wagepoint and KinHR have a Capterra rating of 4.6 out of 5 by their users – notably, for friendly customer support – and the new product will continue building on that trust, says Melissa Benzo, former Director at KinHR and current Director of People by Wagepoint. KinHR has always been about creating a simple approach to HR software so that small businesses can focus more on their employees and their business, rather than the management of 'stuff' that comes with HR. Wagepoint is just the company to continue that effort and expand on that idea by keeping all things light, friendly, and simple, I always tell KinHR customers 'we're here to help,' and I feel that echoed throughout the entirety of Wagepoint,says Benzo. People by Wagepoint is the second small business software to be acquired by Wagepoint in 2022. Earlier this year, Timesheet Mobile joined the Wagepoint family and will soon be available to customers for all of their time and attendance needs, rebranded as Time by Wagepoint. About Wagepoint Wagepoint is a small-but-mighty fintech company on a mission to simplify payroll – and maybe even dare to make it delightful! Our online software was created just for small businesses, automating the most "ugh" parts of payroll – like calculating wages and reporting on taxes – so that our customers can get back to doing, well, literally anything else. Backed by the world's friendliest team, Wagepoint is always supportive, never stuffy and refreshingly human. Founded in 2012, we make payroll magic happen for more than 20,000 small businesses, accountants and bookkeepers across North America.

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EMPLOYEE EXPERIENCE

Ivanti Extends Neurons Platform to Optimize the Digital Employee Experience

Ivanti | July 26, 2022

Ivanti, the provider of the Ivanti Neurons automation platform that discovers, manages, secures and services IT assets from cloud to edge, today announced Ivanti Neurons for Digital Experience which helps IT teams to better understand, measure and improve their digital employee experience. With this release, Ivanti continues to deliver on its mission of enabling and securing the Everywhere Workplace by combining IT Service Management (ITSM), Unified Endpoint Management (UEM) and cyber security to empower IT teams with a 360-degree view of their entire IT estate. Ivanti Neurons is a hyperautomation platform that leverages artificial intelligence and machine learning to address the growing demands placed on IT and security teams amid the global shift to remote and hybrid work. It autonomously self-heals and self-secures devices and provides personalized self-service experiences to end users. Ivanti Neurons uses hyperautomation to provide real-time intelligence across all assets in the Everywhere Workplace, including every endpoint and the IoT edge, while delivering a consumer-grade employee experience. Ivanti plans updates to Ivanti Neurons on a quarterly basis, in addition to continually enhancing solutions across the entire platform, to further help customers quickly and securely embrace the future of work. See below for details on the latest innovations: Ivanti Neurons for Digital Experience effectively measures and proactively optimizes the experience employees get through the devices and applications they rely on in their Everywhere Workplace and provides IT teams with: Real-time actionable insights: Aggregate and monitor usage, performance and security data from all the devices and applications employees use to be productive Understand employee sentiment: Go beyond post-ticket surveys and collect contextual sentiment via interactive automation bots to understand employees’ experience with the technology they use to get their job done Track and optimize experience over time: Measure, score and optimize the digital employee experience to track experience over time and predict potential productivity degradation Prevent issues before they happen: Surface potential IT and security issues and make recommendations on actions to remediate and improve the digital employee experience. This is critical, given a recent study by Ivanti revealed that 49% of employees are frustrated by company-provided tech and 26% are considering leaving their job because of it. Ivanti Neurons for Digital Experience equips IT teams with contextual insights and intelligent automation to proactively detect and resolve issues and security vulnerabilities to provide better digital employee experiences and business outcomes. “Now that we have entered the ‘Age of the Employee’ organizations and IT teams need to provide an ambient and contextual digital experience for the growing hybrid workforce, Through the Ivanti Neurons platform we enable enterprises to quantify and optimize the employee experience. Our autonomous platform provides a seamless employee experience across all devices and offers unparalleled capabilities to organizations.” -Nayaki Nayyar, President and Chief Product Officer at Ivanti. Ivanti is the only vendor that sits at the convergence point of endpoint and network security, IT service and asset management, and Unified Endpoint Management. Ivanti is uniquely positioned to provide a complete digital experience viewpoint of the employee, and to drive improvements using our pre-ticket and post-ticket interactive technology, extensive remediation through our no-code and low-code platform, and provide real-time contextual intelligence through the Ivanti Neurons platform. “Modern business IT success is dependent on its ability to accurately gauge employee experiences using digital technologies, The improvement of workforce productivity directly impacts an organization's ability to attract and retain essential talent, accelerates business agility and competitiveness, reduces operational costs, and drives organizational success and profitability. The effective measurement of Digital Employee Experiences provides essential visibility that accelerates the achievement of organizations goals.” -Steve Brasen, Research Director with Enterprise Management Associates. About Ivanti- Ivanti makes the Everywhere Workplace possible. In the Everywhere Workplace, employees use myriad devices to access IT applications and data over various networks to stay productive and work from anywhere. The Ivanti Neurons automation platform connects the company’s industry-leading unified endpoint management, cybersecurity, and enterprise service management solutions, providing a unified IT platform that enables devices to self-heal and self-secure and empowers users to self-service. Over 40,000 customers, including 96 of the Fortune 100, have chosen Ivanti to discover, manage, secure, and service their IT assets from cloud to edge, and deliver excellent end-user experiences for employees, wherever and however they work.

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