XpressHR. End User s Guide

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XpressHR

Welcome to XpressHR

™

KMS Software Company, LLC 1901 Avenue of the Stars, Suite 1455 Los Angeles, CA 90067

Office (323) 935-5300 Fax (323) 297-4618

XpressHR

™

End User’s Guide

PA Residency™ and e-Wage™

v 4.9

XpressHR

™

OnBoarding

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XpressHR

Welcome to XpressHR

™

1 Welcome to XpressHR

™

People are the most valuable asset of any enterprise. The products and services that a company or

organization provides are the result of the efforts of many people.

Welcome to XpressHR

™

, the complete solution to managing your company’s hiring and employee

provisioning process. This powerful web-based application allows an organization to automate the

capture of vital Human Resources information from applicant tracking and employee job

acceptance through the new hire process.

XpressHR

™

eliminates virtually all of the costs and related errors associated with onboarding new

personnel. Your entire new hire package, including I-9s, W4s, direct deposit, and rules and

acknowledgements are completed and signed online.

XpressHR

™

prevents duplicate data entry and its associated errors while capturing information from

the source (i.e., the New Employee). It incorporates online forms, notifications, provisioning,

document management, workflow, and electronic signature technology to help your company

“bridge the gap” — by shifting the focus from paper to people.

1.1 How This Guide Is Organized

1.1.1 Overview

This guide details how to use the following modules and features:



PA Residency

™



e-Wage

™

1.1.2 Intended Audience

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™_{End User’s Guide v 4.9}

XpressHR

PA Residency™ Process

2 PA Residency

™

Process

2.1 Overview

The XpressHR

™

Pennsylvania Residency (PA-R) module provides an automated, compliant system

for employers who have employees living in Pennsylvania or have work locations in Pennsylvania.

The new module adheres to the stringent guidelines set forth in Act 32, a law enacted in 2008 by

the Commonwealth of Pennsylvania with mandatory compliance required by employers effective

January 1, 2012.

Pennsylvania’s Act 32 is a law that brings standardization to the local earned income tax (EIT)

system. It consolidates the process by creating new tax collection districts, standardizing forms and

mandating employer withholding starting in 2011 for certain jurisdictions and statewide starting

January 1, 2012. Employers who maintain worksites in Pennsylvania or employ individuals who

may work from their homes are required to withhold applicable EIT from those employees. Under

Act 32, employers are required to withhold the higher of the employee's resident EIT amount (rate

of total resident EIT where the employee resides) vs. the employee’s municipal non-resident EIT

amount (rate of non-resident EIT where the employee is employed).

Starting in 2012, every Pennsylvania employer must require each employee to complete a Local

Earned Income Tax Residency Certificate form – this includes new hires as well as all existing

employees. Any employee who changes his/her name or address has to complete a new Local

Earned Income Tax Residency Certificate. This form is to be used by employers and/or taxpayers

to report essential information for the collection and distribution of local EITs. This form must be

utilized by employers when a new employee is hired or when a current employee notifies the

employer of a name and/or address change.

In addition, due to these changes in Pennsylvania's EIT legislation under Act 32, Political

Subdivision (PSD) codes have been formulated to designate each of the 69 tax collection districts,

along with the school districts and municipalities therein. Act 32 requires that employers and tax

officers use PSD codes prescribed by the Department of Community and Economic Development

(DCED). These PSD codes identify the municipalities and school districts for each tax collection

district and aid in ensuring that employee EIT withholding is remitted and distributed to the proper

taxing authority.

The XpressHR

™

PA Residency

™

module supports the compliant completion of the Pennsylvania

Local Earned Income Tax Residency Certificate Form to all applicable new hires and employees as

mandated by Act 32. It supports both New Employees and Existing Employees.

KMS has created automation within the XpressHR PA-R Module to support all the required data

fields on the Pennsylvania Local Earned Income Tax Residency Certificate Form. The following

data fields are included:

New Hire/Existing Employee

 Name of Employee  City, State and ZIP Code  County  Social Security Number  Daytime Phone Number  PSD Code

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PA Residency™ Process

Employer

 Employer Federal ID name  City, State and ZIP Code  PSD Code

 Employer FEIN  Municipality (City, Borough, Township)  Municipal Non-Resident EIT Rate  Address (no PO Boxes)  County

Per the requirements of the Act, the employer must have the employee fill out and sign the

Pennsylvania Local Earned Income Tax Residency Certificate Form when:



The employee is hired



The employee notifies the employer of an address or name change



The existing employee (as of January 1, 2012) does not have a form on file – the employee

must fill out the form and have it on file by January 2012 (specific deadline not provided by

the State of Pennsylvania)

English is the only language supported by the XpressHR

™

PA-R module since that is the only

language supported on the Pennsylvania Local Earned Income Tax Residency Certificate Form.

The Pennsylvania Local Earned Income Tax Residency Certificate Form requires only one

signature – by the employee and will include:



The employee’s e-signature



The employee’s e-mail address



The employee’s phone number



Date of signature

Employee Information

The following information must be gathered for each employee:



First, Middle, Last Name



Social Security Number



First and Second Line Address



City/State/ZIP Code/Phone Number



County

 XpressHR™ has a County database that will be incorporated  Counties will be provided in the County DDL



Tax Collection District/Municipality – KMS Software Company will use the Pennsylvania

table that is updated twice yearly.



PSD – This will be derived based on the County/Tax Collection District/Municipality selected.

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PA Residency™ Process

Employer Information

The following information will need to be gathered for each employer location:



Employer Name



Employer FEIN



First Line of Address



Second Line of Address



City/State/Zip/Phone Number



Municipality/County/PSD Code/Municipal Non-Resident EIT Rate

These fields will be needed in the location profile for each company location in Pennsylvania. Your

company will need to provide KMS with a file containing this information for each of these locations.

Refer to section

17.2.2 PA Residency

™

Import File Information

in the Appendix of this user

guide for file specifications.

2.2 Entering PA Residency

™

Information

PA Residency

™

information can be entered for both New Employees and Existing Employees into

the XpressHR

™

system as part of the New Hire OnBoarding

™

and 3-Step I-9 Plus

™

process.

2.2.1 New Employees

PA Residency

™

information is automatically entered for New Employees via the New Employee

Step as part of the New Hire OnBoarding

™

and 3-Step I-9 Plus

™

process. Refer to section

4.3 3-Step I-9 Verification

,

4.4 3-Step I-9 Verification Plus W4

, or

4.5 3-Step I-9/W4/SW

for further

details on how to how to initiate a New Employee and complete the Form I-9 as an onboarding

activity which includes the entry of the required information on the Pennsylvania Local Earned

Income Tax Residency Certificate Form. XpressHR

™

will auto-fill this information onto the form

based on the location chosen.

2.2.2 Existing Employees

There are two options for creating activities in the XpressHR

™

PA-R Module for Existing

Employees:



Create existing employee activity via data entry wizard – Activities can be created using

the PA Residency process tab. The Corporate Representative will initiate the process and

then either turn the keyboard over to the Employee to complete the address and PA

Certification Information panels or the Employee can complete the process via e-mail.

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PA Residency™ Process

This section focuses on entering and managing activities via the data entry wizard using these three

easy steps:



Initial Step – The Corporate Representative sets up the activity by entering the Employee’s

information.



Employee Step – The Employee enters their SSN and PA residency

™

_information.



Signature Step – Once the data has been gathered and verified, all forms are automatically

completed and presented for electronic signing.

2.3 Initial Step

Perform the following steps to complete the PA Residency

™

information for an Existing Employee

using the PA Residency process in the XpressHR

™

system:

1. Click on the Process link on the menu bar.

2. Click on the PA Residency process tab (example shown below).

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PA Residency™ Process

4. The Employee Set-up Information panel appears (example shown below).

Figure 2-2. Initial Step Wizard Panels (Employee Set-up Information)

5. The Corporate Representative types in the employee data in the required fields of the Employee Set-up Information panel.

(a) If the E-Mail radio button is selected, the Corporate Representative types in the Employee’s e-mail address. An e-e-mail notification will be sent to the employee with a link to the next step. Refer to section 6.5 Employee Step via E-mail for further details.

(b) If the Employee is with the Corporate Representative, then the In Person radio button should be selected.

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PA Residency™ Process

2.3.1 Review and Approve

Once the Initial Step wizard has been completed, the Review and Approve

– Initial Step page

appears providing the information that has been previously entered (example shown below).

Figure 2-3. Review and Approve – Initial Step Page

7. Review all of the information that was previously entered in the Initial Step data entry wizard panel. If you need to change any information on this page, click on the appropriate information link.

8. The Initial Step data entry wizard panel will appear to make the desired changes (example shown below).

Figure 2-4. Initial Step Wizard Panel (Change Required Information)

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PA Residency™ Process

10. The Review and Approve –

Initial

Step page reappears.

11. When the review of the Review and Approve –

Initial

Step page has been completed, click the button (example shown below).

Figure 2-5. Review and Approve – Initial Step (Click to Submit Page)

This completes the Initial Step and the Employee’s information advances to the next PA

Residency

™

activity in the Work Queue – the Employee Step. Refer to section

6.4 Employee Step

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PA Residency™ Process

2.4 Employee Step

The next activity that is required to be performed in the PA Residency

™

process once the Corporate

Representative has completed the Initial Step is the Employee Step. This step is completed by the

Employee either together with the Corporate Representative or by the Employee via an e-mail

notification (if the Employee has an e-mail address).

If an e-mail address was entered for the Employee in the Initial Step activity, then the

Employee Step will be performed by the Employee after receiving an e-mail notification. Refer to section 6.5 Employee Step via E-mail for further details.

Perform the following steps to launch the Employee Step wizard for on-site completion:

12. Click on the New Employee’s name associated with the Employee Step activity in the PA Residency process tab of the Work Queue (example shown below).

Figure 2-6. Work Queue (Launch the Employee Step Wizard)

The following Employee Step wizard panels are samples of how your company can configure the

PA Residency

™

process.

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PA Residency™ Process

2.4.1 Create Your Password and Security Question

The next panel appears in the PA Residency

™

process to create the Employee’s login account

within XpressHR

™

(example shown below).

Figure 2-7. Employee Step Wizard Panel (Create Your Password and Security Question)

The New Employee’s login name is automatically assigned by the system. The password requirements are based on your company’s requirements. For example, the password must contain between seven (7) and thirty (30) characters and include at least one number and one symbol. The security answer is case sensitive.

The Employee should perform the following steps to enter the password and security question in

XpressHR

™

:

13. If the New Employee has an e-mail address, select the Yes radio button and then type in the e-mail address in the Please enter your email address field.

14. Type in the same e-mail address (that was just entered in the Please enter your email address field) in the Re-enter your email address field.

15. Type in the desired password in the Password field.

16. Type in the same password (that was just entered in the Password field) in the Re-Enter Password field. 17. Click the Security Question drop down menu and select the desired security question.

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PA Residency™ Process

2.4.2 Enter Your Name

The next panel appears in the PA Residency

™

process to enter the name and social security

number of the Employee (example shown below).

Figure 2-8. Employee Step Wizard Panel (Enter Your Name)

21. The Employee types in the Social Security number in the Please enter your SSN field.

22. The Employee clicks the check box to verify that the name and social security number entered is the same as on the Employee’s social security card. Otherwise, click the check boxes indicating that the Employee’s last name is different than what appears on the Social Security card and that the Employee will call to obtain a new or replacement card.

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PA Residency™ Process

2.4.3 Physical Address

The next panel appears in the PA Residency

™

process to enter the physical address for the

Employee (example shown below).

Figure 2-9. Employee Step Wizard Panel (Physical Address)

25. The Employee types in the physical address and phone number information in the corresponding fields. 26. Click the button if you want to return to the previous wizard panel. Otherwise, proceed to

step 3.

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PA Residency™ Process

2.4.4 Pennsylvania Residency Certification Information

The next panel appears in the PA Residency

™

process to enter the residency information

associated with the state of Pennsylvania for the Employee which is required for the collection and

distribution of Local Earned Income Taxes (example shown below).

Figure 2-10. Employee Step Wizard Panel (Pennsylvania Residency Certification Information)

29. The New Employee clicks on the Your County drop down menu and selects the Pennsylvania county associated with their residence address.

30. The New Employee clicks on the Your Tax Collection District drop down menu and selects the Pennsylvania tax collection district associated with the New Employee’s home address.

31. The New Employee clicks on the Your Municipality drop down menu and selects the Pennsylvania municipality associated with the New Employee’s home address.

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PA Residency™ Process

Figure 2-11. Municipal Statistics Tax Reports Website

(b) The New Employee then clicks on the Find Your Municipality link on the left side of the web page. The Find Your Municipality page appears (example shown below).

Figure 2-12. Municipal Statistics Tax Reports Website (Enter New Employee’s Home Address)

(c) The New Employee types in the home address in the fields provided and then clicks the button.

(d) The Find Your Municipality page refreshes and displays the corresponding municipality, county, and tax collection district (example shown below).

Figure 2-13. Municipal Statistics Tax Reports Website (Find Your Municipality Results)

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PA Residency™ Process

Figure 2-14. Municipal Statistics Tax Reports Website (Municipal Tax Rate Summary Report)

(f) The employee can then return to XpressHR™ and select the appropriate County, Tax Collection District, and Municipality.

(g) Once the selection is completed at the Your Municipality drop down menu, the Pennsylvania Residency Certification Information panel refreshes and displays the calculated Local Earned Income Tax percentage (example shown below).

Figure 2-15. Employee Step Wizard Panel (Local EIT Percentage Calculated)

32. Click the button if you want to return to the previous wizard panel. Otherwise, proceed to step 5.

33. Click the button to save data and exit the wizard. Otherwise, proceed to step 6.

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PA Residency™ Process

2.4.5 Review and Approve

Once the Employee Step wizard has been completed for the PA Residency

™

process, the Review

and Approve – Employee Step page appears providing the information that has been previously

entered (example shown below).

Figure 2-16. Review and Approve – Employee Step Page

The displayed review page can be configured based on your company’s request in the XpressHR™ Administration module.

35. Review all of the information that was previously entered in the Employee Step data entry wizard panel. If the Employee needs to change any information on this page, click on the appropriate information link. 36. The Employee Step data entry wizard panel will appear to make the desired changes (example shown

below).

Figure 2-17. Employee Step Wizard Panel (Change Required Information)

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PA Residency™ Process

Employee

Step page has been completed, the Employee clicks the button (example shown below).

Figure 2-18. Review and Approve – Employee Step (Click to Submit Page) 40. A page appears indicating that the first step has been completed. The Employee has the option to

proceed with signing the required forms or return to the XpressHR™ home page (example shown below).

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PA Residency™ Process

2.5 Employee Step via E-mail

41. If the Corporate Representative entered an e-mail address for the Employee in the Initial Step wizard panel, then the Employee will receive an e-mail notification with a link to XpressHR™. The Employee Step wizard is initiated by simply clicking on the associated link (example shown below).

Figure 2-20. Pennsylvania Residency Form E-Mail Message Sample

42. The Create Your Password and Security Question page appears to create the Employee’s account within XpressHR™ (example shown below).

Figure 2-21. Create Your Password and Security Question Page

The Employee’s login name is automatically assigned by the system. The password

requirements are based on your company’s requirements. For example, the password must contain between seven (7) and thirty (30) characters and include at least one number and one symbol. The security answer is case sensitive.

43. Type in the desired password in the Password field.

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PA Residency™ Process

46. Type in the answer to the security question (selected in step 5) in the Security Answer field.

47. Click the button.

48. The Enter Your Name wizard panel appears (example shown below).

Figure 2-22. Employee Step Wizard Panel (Enter Your Name)

(a) The Employee types in the Social Security number in the Please enter your SSN field.

(b) The Employee clicks the check box to verify that the name and social security number entered is the same as on the Employee’s social security card. Otherwise, click the check boxes indicating that the Employee’s last name is different than what appears on the Social Security card and that the Employee will call to obtain a new or replacement card.

(c) Click the button to save data and exit the wizard. Otherwise, proceed to step 8(d).

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PA Residency™ Process

49. The next panel appears in the process to enter the physical address for the Employee (example shown below).

Figure 2-23. Employee Step Wizard Panel (Physical Address)

(a) The Employee types in the physical address and phone number information in the corresponding fields.

(b) Click the button if you want to return to the previous wizard panel. Otherwise, proceed to step 9(c).

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PA Residency™ Process

50. The next panel appears in the process to enter the residency information associated with the state of Pennsylvania for the Employee which is required for the collection and distribution of Local Earned Income Taxes (example shown below).

Figure 2-24. Employee Step Wizard Panel (Pennsylvania Residency Certification Information)

(a) The Employee clicks on the Your County drop down menu and selects the Pennsylvania county associated with their residence address.

(b) The Employee clicks on the Your Tax Collection District drop down menu and selects the Pennsylvania tax collection district associated with the Employee’s home address.

(c) The Employee clicks on the Your Municipality drop down menu and selects the Pennsylvania municipality associated with the Employee’s home address.

(1) If the Employee does not know what County, Tax Collection District, and/or Municipality they reside, the New Employee can click on the “Click here to find it.” link that will display the

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PA Residency™ Process

Figure 2-25. Municipal Statistics Tax Reports Website

(2) The Employee then clicks on the Find Your Municipality link on the left side of the web page. The Find Your Municipality page appears (example shown below).

Figure 2-26. Municipal Statistics Tax Reports Website (Enter New Employee’s Home Address)

(3) The Employee types in the home address in the fields provided and then clicks the button.

(4) The Find Your Municipality page refreshes and displays the corresponding municipality, county, and tax collection district (example shown below).

Figure 2-27. Municipal Statistics Tax Reports Website (Find Your Municipality Results)

(5) The Employee clicks on the button to display the Municipal Tax Rate

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PA Residency™ Process

Figure 2-28. Municipal Statistics Tax Reports Website (Municipal Tax Rate Summary Report)

(6) The Employee can then return to XpressHR™ and select the appropriate County, Tax Collection District, and Municipality.

(7) Once the selection is completed at the Your Municipality drop down menu, the Pennsylvania Residency Certification Information panel refreshes and displays the calculated Local Earned Income Tax percentage (example shown below).

Figure 2-29. Employee Step Wizard Panel (Local EIT Percentage Calculated)

(d) Click the button if you want to return to the previous wizard panel. Otherwise, proceed to step 10(e).

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PA Residency™ Process

2.5.1 Review and Approve

Once the Employee Step wizard has been completed for the PA Residency

™

process via e-mail, the

Review and Approve – Employee Step page appears providing the information that has been

previously entered (example shown below).

Figure 2-30. Review and Approve – Employee Step Page

The displayed review page can be configured based on your company’s request in the XpressHR™ Administration module.

51. Review all of the information that was previously entered in the Employee Step data entry wizard panel. If the Employee needs to change any information on this page, the Employee clicks on the appropriate information link.

52. The Employee Step data entry wizard panel will appear to make the desired changes (example shown below).

Figure 2-31. Employee Step Wizard Panel (Change Required Information)

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PA Residency™ Process

Employee

Step page has been completed, the Employee clicks the button (example shown below).

Figure 2-32. Review and Approve – Employee Step (Click to Submit Page) 56. A page appears indicating that the first step has been completed. The Employee has the option to

proceed with signing the required forms or return to the XpressHR™ home page (example shown below).

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PA Residency™ Process

2.6 Signature Step

57. If the button is selected after completing the Review and Approve pages (either in person or via e-mail), the Electronic Signature Step login page appears (example shown below).

Figure 2-34. Electronic Signature Step Page (New Employee Login)

If you forgot your password, you will be required to create a new password in order to continue with signing of the required forms. Click the Forgot Password link to proceed with resetting your password. Refer to section 2.1.2 Resetting Your Password for further details.

58. To begin the Signature Step, the Employee must login to the XpressHR™ system by typing in the password established at the beginning of the Employee Step, agree to sign all forms presented electronically, and click the button.

59. The Signature Step page appears displaying the Employee’s Forms tab to begin the electronic signature process for the PA Local Earned Income Tax Residency Certification Form (example shown below).

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PA Residency™ Process

(a) If there is a need to correct any information on the currently displayed form, click the Correct Data tab. The Review and Approve –Employee Step page appears (example shown below).

Figure 2-36. Review and Approve – New Employee Step Page (Correct Data Tab)

(b) Perform any required changes, as applicable and then click the button on the last page. When a change is made to a wizard panel, the New Employee will be required to log in to the Electronic Signature Step login page to continue the Signature Step activity. Once this has been completed, the Employee’s Forms tab reappears to continue with e-signing of the required forms. 60. Click the button to e-sign the currently displayed form.

61. Once the Employee has completed e-signing the form, a page appears indicating that all forms have been signed and documents are ready to be printed (example shown below).

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PA Residency™ Process

63. The Print dialog box appears (example shown below).

Figure 2-38. Print Dialog Box

64. Select the appropriate settings and then click the button to print the document.

65. Click the button to submit the document and save the data on the signed form in the XpressHR™ database.

(a) If the PA Residency™ process was performed in person, a page appears requesting that the Employee give control of the keyboard back to the Corporate Representative (example shown below).

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PA Residency™ Process

(b) If the PA Residency™ process was performed via e-mail, a page appears indicating that you have successfully signed all forms (example shown below).

Figure 2-40. All Forms Signed Congratulations Page (9) The Employee clicks the Home menu link at the top of the page.

The XpressHR™

Dashboard home page appears and updates the activity in the Work Queue for the

Corporate Representative indicating that the Signature Step has been completed by the Employee

(example shown below).

Figure 2-41. Work Queue (Activity Updated to Signature Step)

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Figure 2-42. Signature Step “Click to Sign” Page (Signed PA Local EIT Residency Certification Form)

67. The Corporate Representative clicks the button to print the Employee document. The Print dialog box appears.

68. The Corporate Representative selects the appropriate settings and then click the button to print the document.

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e-Wage™ Process

3 e-Wage

™

Process

The XpressHR

™

e-Wage

™

process is used to electronically capture the required wage information

for a new or existing employee and also provide written notice of this information to the employee

as mandated by the Wage Theft Prevention Act (WTPA)

1

_{. Currently, KMS Software company}

supports the New York and California version of the WTPA.

The e-Wage™ module will also support other states as they become required.

NY Wage Theft Prevention Act

Effective April 9, 2011, the New York State Department of Labor (DOL) Wage Theft Prevention Act

extends the protections under Labor Law 215. It also gives the DOL more power to enforce this law.

The law already required employers to give notice to New Employees of their wage rates at the time

of hire. Now, the WTPA requires employers to give a written notice to each New Hire and to all

Existing Employees by February 1 each year. The notice must include:



Rate or rates of pay, including overtime rate of pay (if it applies)



How the employee is paid: by the hour, shift, day, week, commission, etc.



Regular payday



Official name of the employer and any other names used for business (DBA)



Address and phone number of the employer’s main office or principal location



Allowances taken as part of the minimum wage (tip, meal and lodging deductions)



In the past, the notices were in English. Now, the notice must appear both in English and in

the employee’s primary language (if the Labor Department offers a translation).



Employers must have each employee sign and date the completed notice. Employers must

provide a copy to each employee.

If any data in the notice changes:



The employer must tell Existing Employees at least a week before it happens unless they

issue a new paystub that carries the notice. The employer must notify an Existing Employee

in writing before they reduce the Existing Employee’s wage rate. Employers in the hospitality

industry must give notice every time a wage rate changes.



Employers that do not give notice may have to pay damages of up to $50 per week, per

employee, unless they paid employees all wages required by law. (This stops at $2,500 per

employee in civil lawsuits filed by workers.)

The NY WTPA requires employers to report overtime. Most non-exempt employees must receive

overtime pay at 1½ times their regular rates of pay for all hours worked over forty in a workweek.

New York State Labor Law requires that employees are paid at least 1½ times the minimum hourly

rate for overtime hours. Unless otherwise noted, the overtime rate will be calculated at 1½ times the

regular rate of pay for all hours worked over forty in a work week.

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For more information, the Wage Theft Prevention Act Fact Sheet can be found at the New York

State DOL website:

http://www.labor.ny.gov/workerprotection/laborstandards/employer/wage-theft-prevention-act.shtm

. Refer to section

18.3.1 NY Wage Theft Prevention Act Forms

in the

Appendix for a sample of the forms that will be provided for e-signature in the Signature Step of the

e-Wage

™

module.

The XpressHR

™

e-Wage

™

module for New York supports the following types of employees:



Employees Paid an Hourly Rate



Employees Paid Multiple Hourly Rates



Employees Paid a Weekly Rate or a Salary for a Fixed Number of Hours (40 or Fewer in a

Week)



Employees Paid a Salary for Varying Hours, Day Rate, Piece Rate, Flat Rate, or Other

Non-Hourly Basis



Employees Paid the Prevailing Rate and Other Jobs



Exempt Employees

CA Wage Theft Prevention Act

Effective January 1, 2012, California Assembly Bill 469, also known as The Wage Theft Prevention

Act of 2011, was signed into law by Governor Brown and adds Section 2810.5 to the California

Labor Code and is similar to the wage theft statutes enacted in other states, such as New York. It

requires employers to provide all new nonexempt hires with written notice of specific wage

information and increases the penalties for nonpayment of all wages due, including overtime

premiums and minimum wage for all hours worked. Additionally, the Act mandates that the Labor

Commissioner prepare a template of the written notice, which the Division of Labor Standards and

Enforcement (DLSE) issed on December 28, 2011. A copy of the template is available online at the

California Department of Industrial Relations website:

http://www.dir.ca.gov/dlse/Governor_signs_Wage_Theft_Protection_Act_of_2011.html

.

Existing law requires an employer to post the minimum wage labor law poster which specifies wage

and hour information in a location where it can be viewed by Existing Employees. Now, in addition

to existing law, employers will also be required to provide each New Employee with written notice at

the time of hiring which specifies the rate and basis of compensation, whether hourly or salary,

commission, or otherwise. Additionally, employers must notify each Existing Employee in writing of

any changes to this information within 7 calendar days of the changes. Under the law, an employer

who pays or causes an employee to be paid wages less than the minimum wage is subject to

penalties. Refer to section

18.3.2 CA Wage Theft Prevention Act Forms

in the Appendix for a

sample of the forms that will be provided for electronic signature in the Signature Step of the

e-Wage

™

module.

Although the WTPA requires that a notice be given only at the time of hire and within seven days

after a change in information, the DLSE states that it would be a “best practice” to also provide the

notice to Existing Employees. The notice need not be provided to exempt employees or to

employees covered by union contracts that include certain wage and hour terms as specified in the

statute.

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

An employee directly employed by the state or any political subdivision thereof, including

any city, county, city and county, or special district



An employee who is exempt from the payment of overtime wages by statute or the Wage

Orders of the Industrial Welfare Commission. This exception covers employees properly

classified under the wage laws as professional, executive, or administrative, outside

salespersons, and some members of an employee's family, and can cover some employees

such as those in particular occupations who receive more than half their compensation in

commissions, truck and other drivers (including taxi cab drivers), broadcasting industry

employees, irrigators, and motion picture projectionists.



An employee who is covered by a valid collective bargaining agreement (CBA) if the CBA

expressly provides for:

 Wages  Hours of work

 Working conditions of the employee

 Premium wage rates for all overtime hours worked

 A regular hourly rate of pay for those employees of not less than 30 percent more than the state's minimum wage

3.1 Overview

The e-Wage

™

module can be used for both new and existing employees in the XpressHR

™

system.

Your company can utilize the e-Wage

™

module using the New Hire OnBoarding

™

or I-9 Plus

™

process or by using the e-Wage

™

process tab.

3.1.1 New Employees

The e-Wage

™

module can be incorporated into the New Hire OnBoarding

™

process for New

Employees if you are using one or more of the following:



OnBoarding

™



I-9 Plus

™

If you are using OnBoarding

™

or I-9 Plus

™

, the information can be entered by the Corporate

Representative in one of three ways:



Entered in the Post Hire Verification (PHV) Step using the data entry wizard.



Entered in the Orientation Step if there is no PHV Step using the data entry wizard.

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In the New Employee Step, the same panels that were used for data entry in the PHV Step by the

Corporate Representative appear for the New Employee to:



Review and acknowledge that the New Employee received the WTPA information



Choose his/her primary language for the WTPA form(s) (NY e-Wage)

In California, the employer chooses the primary language to communicate the notice to the New employee



Sign the WTPA form(s)

 The applicable WTPA form will be based on pay type and language  A Special Pay Rate Information form will be displayed, if applicable

If your company is using I-9 Plus

™

, the information can be gathered in one of two ways:



Entered in the I-9 Plus

™

process using the data entry wizard.



Automatically entered by data imported in the new hire XML or delimited record. Those

fields that are available in the new hire XML record will be prepopulated on the panels.

The information that will be communicated to the New Employee is as follows:



The employee’s rate or rates of pay



The overtime rate of pay, if the employee is subject to overtime regulations



The basis of wage payment (per hour, per shift, per week, piece rate, commission, etc.)



Any allowances the employer intends to claim as part of the minimum wage including tip,

meal and lodging allowances



The regular payday



The employer’s name and any names under which the employer does business (DBA)



The physical address of the employer’s main office or principal place of business and, if

different, the employer’s mailing address



The employer’s telephone number



Any special pay instructions – this is a variable by company and pay type

3.1.1.1 Importing New Hire Information

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3.1.2 Existing Employees

The XpressHR

™

e-Wage

™

module notifies existing employees (EEs) based on the following

parameters:

3.1.2.1 NY Employees



The employee has had a change in pay



Annually as required by law before February 1 of each year

The employer must provide the employee notice of wage change at least seven (7) calendar days

prior to any changes to the employee's pay or other terms contained in the notice.

There are special rules regarding the timing of the annual notices:



Each year, the employee notice of wage change must be received by the employee

between January 1 and February 1.



Your company will need to schedule the annual communication to their employees with

KMS prior to issuing the notice.

3.1.2.2 CA Employees



The employee has had a change in pay



With both these events, a new wage form must be presented to the employee and must be

signed by the employee.

The notification has to be within 7 days of the change unless one of the following applies:



All changes are reflected on a timely wage statement furnished in accordance with Labor

Code section 226, or



Notice of all changes is provided in another writing require by law within seven days of the

changes

The employee notice of wage change must be received by the employee at least seven (7)

calendar days after any changes to the employee's pay or other terms contained in the notice.

3.1.2.3 Creating WTPA Activities

There are three ways that the WTPA activities can be created in the XpressHR

™

e-Wage

™

module:



Entered using the eWage process tab – a corporate representative will initiate the process

and enter the salary information. A notification will then be sent to the employee with a link

to login to the e-Wage

™

process. The employee will go through the same set of panels that

are presented in the New Employee Step of the New Hire OnBoarding

™

process. Refer to

section

11.4 e-Wage

™

Process Tab

for further details.

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in New Employee Step of the New Hire OnBoarding

™

or I-9 Plus

™

process, and then sign

the form.



Real time upload - automatically created by web services and an XML file. Refer to section

18.3.3.2 e-Wage

™

XML Import File Layout

in the Appendix for further details. Using the

KMS Web Service, employee activities will be sent to the XpressHR

™

e-Wage

™

process and

a new activity will be created. An e-mail notification with a link will be sent to the employee.

The employee will click the link, view the same panels that are presented in New Employee

Step of the New Hire OnBoarding

™

or I-9 Plus

™

process, and then sign the form.

3.2 New Hire OnBoarding

™

Process (NY)

If your company is using the OnBoarding

™

module, the e-Wage

™

data entry wizard panels are

incorporated into the New Hire OnBoarding

™

process.

Perform the following steps to complete the requirements for the NY Wage Theft Prevention Act for

a New Employee using the New Hire OnBoarding

™

process in XpressHR

™

:

70. Click on the Process link on the menu bar.

71. The OnBoarding process tab appears (example shown below).

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3.2.1 PostHire Verification Step

The following PostHire Verification Step wizard panels are samples of how your company can

configure the New Hire OnBoarding

™

process. The data entry wizard panels associated with the

e-Wage

™

module have been incorporated into this version.

Additional panels can be added or configured based on your company’s requirements.

3.2.1.1 New Hire Set-up Information

Perform the following steps to enter the new hire set-up information in XpressHR

™

:

73. The PostHire Verification Step wizard launches (example shown below).

Figure 3-2. PostHire Verification Step Wizard Panel (New Hire Set-up Information)

74. Type in New Employee information in the required fields of the New Hire Set-up Information panel.

If the New Employee has an e-mail address and a Welcome Letter is sent to the New Employee via

e-mail, a link to the XpressHR

™

portal can be included. When the New Employee clicks on the link,

the XpressHR

™

portal appears and the New Employee can type in personal data. The Welcome

Letter can also have corporate documents attached (e.g. a Health and Benefits Brochure). Refer to

section

3.3 New Employee Step Via E-Mail

for further details.

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3.2.1.2 New Hire Salary Information

The next panel appears in the process to enter the salary information of the New Employee

(example shown below).

Figure 3-3. PostHire Verification Step Wizard Panel (New Hire Salary Information)

77. Click on the Full-Part Time drop down menu and select whether the New Employee is working full or part time at your company.

78. Click on the Regular/Temporary drop down menu and select the whether the New Employee is a permanent (regular) or temporary employee.

79. Click on the Employee Pay Type drop down menu and select the pay type associated with the New Employee.

(a) If Multiple Hourly Rate is selected, select the number of hourly rates that are associated with the New Employee’s occupation.

(b) If Prevailing Rate Work is selected, perform the following:

(10) Type in the appropriate occupation(s) in the The rate of pay will be the posted rate for the following occupations(s) text box.

(11) Select whether the New Employee will also perform the non-prevailing rate work.

80. 40 hours initially appears in the Standard Hours field by default depending on the pay type selected in the Employee Pay Type drop down menu. Your can type over this amount with the desired number of hours, if necessary.

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82. Click on the FLSA Status drop down menu and select whether the New Employee is Exempt of Non-Exempt.

83. Click the button if you want to return to the previous wizard panel and make further changes. Otherwise, proceed to step 8.

85. Click the button to continue the OnBoarding™ process.

3.2.1.3 NY Guidelines for Written Notice of Rates of Pay and Regular Payday

The next panel appears in the process to display the NY Wage acknowledgement (based on the

location selected in the Where Will the New Hire be Employed? panel) that details the written

notice guidelines for the Corporate Representative (example shown below).

Figure 3-4. PostHire Verification Step Wizard Panel

(NY Guidelines for Written Notice of Rates of Pay and Regular Payday)

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3.2.1.4 Additional Information for Employees

The next panel appears in the process for the Corporate Representative to enter additional

information associated with the NY Wages and Rates Notice for the New Employee (example

shown below).

Figure 3-5. PostHire Verification Step Wizard Panel (NY Additional Information for Employees)

89. The rate from the New Hire Salary Information panel automatically appears in the Employee’s rate of pay field. If there is a need to change the rate of pay, click the button to return to the New Hire Salary Information panel.

90. Select the allowances taken and enter the amount, as applicable.

91. The Overtime Pay Rate automatically calculates at 1.5 times the above rate of pay. The Corporate Representative can modify the amount, if applicable.

92. Select the payday and pay frequency for the New Employee.

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3.2.1.5 Review and Approve Page

Once the PostHire Verification Step wizard has been completed, the Review and Approve

–

PostHire Verification Step page appears providing the information that has been previously

entered (example shown below).

Figure 3-6. Review and Approve – PostHire Verification Step (Initial Page)

96. Review all of the information that was previously entered in the data entry wizard panels. If you need to change any information on this page, click on the appropriate information link.

97. The corresponding data entry wizard panel will appear to make the desired changes (example shown below).

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99. The Review and Approve – PostHire Verification Step page reappears.

Depending on how your XpressHR™ system has been configured, you may have to review more than one Review and Approve page to complete the review of information. Click the

button in order to review all pages.

100. When you have completed the review of all Review and Approve – PostHire Verification Step pages, click the button (example shown below).

Figure 3-8. Review and Approve - PostHire Verification Step (Click to Submit Page)

101. The XpressHR™ Dashboard home page appears and updates the activity in the OnBoarding process tab of the Work Queue as ready for the New Employee Step process (example shown below). Refer to section 11.2.2 New Employee Step for further details.

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3.2.2 New Employee Step

The next activity that is required to be performed in the OnBoarding

™

process is the New

Employee Step. The wizard panels in the New Employee Step allow the New Employee to type in

information that is not collected during the applicant phase (i.e., I-9, direct deposit, EEO

Information, etc).

The New Employee Step activity can be initiated either by the Corporate Representative and New Employee on-site or by the New Employee via the link sent by e-mail (refer to section 3.3 New Employee Step Via E-Mail for further details).

Perform the following steps to launch the New Employee Step wizard for on-site completion:

102. Click on the New Employee’s name associated with the New Employee Step activity in the

OnBoarding process tab of the Work Queue (example shown below).

Figure 3-10. Work Queue (Launch the New Employee Step Wizard)

The following New Employee Step wizard panels are samples of how your company can configure

the OnBoarding

™

process. The data entry wizard panels associated with the e-Wage

™

module have

been incorporated into this version.

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3.2.2.1 Welcome to the New Employee Step

Once the New Employee Step activity is launched in the Work Queue, the Welcome to the New

Employee Step panel appears (example shown below).

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3.2.2.2 Create Your Password and Security Question

The next panel appears in the process to create the New Employee’s login account within

XpressHR

™

(example shown below).

Figure 3-12. New Employee Step Wizard Panel (Create Your Password and Security Question)

The New Employee’s login name is automatically assigned by the system. The password requirements are based on your company’s requirements. For example, the password must contain between seven (7) and thirty (30) characters and include at least one number and one symbol. The security answer is case sensitive.

The New Employee should perform the following steps to enter the password and security question

in XpressHR

™

:

104. If the New Employee has an e-mail address, select the Yes radio button and then type in the e-mail address in the Please enter your email address field.

105. Type in the same e-mail address (that was just entered in the Please enter your email address field) in the Re-enter your email address field.

106. Type in the desired password in the Password field.

107. Type in the same password (that was just entered in the Password field) in the Re-Enter Password field.

108. Click the Security Question drop down menu and select the desired security question. 109. Type in the answer to the security question (selected in step 5) in the Security Answer field. 110. Click the button if you want to return to the previous wizard panel. Otherwise,

proceed to step 8.

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112. Click the button to continue the OnBoarding™ process.

3.2.2.3 NY Guidelines for Written Notice of Rates of Pay and Regular Payday

The next panel in the process displays the NY Wage acknowledgement (based on the location

selected in the Where Will the New Hire be Employed? panel of the PostHire Verification Step)

that details the written notice guidelines for the New Employee (example shown below).

Figure 3-13. New Employee Step Wizard Panel

(NY Guidelines for Written Notice of Rates of Pay and Regular Payday)

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3.2.2.4 Notice of Pay Rate and Payday for Employees

The next panel appears in the process for the New Employee to review the information regarding

the pay rate, overtime rate, allowances, and designated payday associated with the NY Wages and

Rates Notice (example shown below).

Figure 3-14. New Employee Step Wizard Panel (Notice of Pay Rate and Payday for Employees)

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3.2.2.5 Special Pay Rate Information for Hourly Employees

The next panel appears in the process for the New Employee to view the special pay rate

information for hourly employees (example shown below).

Figure 3-15. New Employee Step Wizard Panel (Special Pay Rate Information for Hourly Employees)

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3.2.2.6 Acknowledgement of Pay Rate and Payday

The next panel appears in the process for the New Employee to choose his/her primary language

and to view and acknowledge the Notice of Pay Rate form (example shown below).

Figure 3-16. New Employee Step Wizard Panel (Acknowledgement of Pay Rate and Payday)

122. The New Employee clicks on the Please choose your primary language drop down menu and selects the desired language for viewing the notice.

123. The New Employee clicks on the Click here to view the Notice of Pay Rate form in English link. (c) If the New Employee selects a language other than English and would like to view the notice in

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(d) If the New Employee selects Other from the Please choose your primary language drop down menu because his/her language is not listed, then the “The Pay Rate notice is not available in

your primary language at this time. The notice will be presented to you in English” message

appears (example shown below). The New Employee clicks on the Click here to view the Notice of Pay Rate form in English link to view the notice in English.

Figure 3-17. New Employee Step Wizard Panel

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124. The Notice and Acknowledgement of Pay Rate and Payday form pop-up window appears for review (example shown below).

Figure 3-18. Notice and Acknowledgement of Pay Rate and Payday Form Pop-Up Window (e) The New Employee closes the Notice and Acknowledgement of Pay Rate and Payday form

pop-up window when the review has been completed.

125. The New Employee clicks on the check box in the Pay Notice Language Acknowledgement section indicating that he/she has been given the pay notice in your company’s primary language. 126. The New Employee clicks on the check box in the Employee Acknowledgement section that

he/she has been notified of the pay rate, overtime rate, allowances, and designated payday. (f) The New Employee selects whether she/she agrees to sign the Pay Rate Notice.

128. Click the button to save data and exit the wizard. Otherwise, proceed to step 8. 129. Click the button to continue the OnBoarding™ process.

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3.2.2.7 Review and Approve Page

Once the New Employee Step wizard has been completed, the Review and Approve

– New

Employee Step page appears providing the information that has been previously entered (example

shown below).

Figure 3-19. Review and Approve - New Employee Step (Initial Page)

130. Review all of the information that was previously entered in the data entry wizard panels. If you need to change any information on this page, click on the appropriate information link.

131. The corresponding data entry wizard panel will appear to make the desired changes (example shown below).

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133. The Review and Approve – New Employee Step page reappears.

Depending on how your XpressHR™ system has been configured, you may have to review more than one Review and Approve page to complete the review of information. Click the

button to review all pages.

134. When the New Employee has completed the review of all Review and Approve – New Employee Step pages, click the button.

135. A page appears indicating that the first step has been completed. The New Employee has the option to proceed with signing the required forms or return to the XpressHR™ Dashboard home page (example shown below).