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Ask the Experts: Can a well qualified older candidate fit on a much younger team? | Maryland Benefit Advisors

Question: We recently interviewed an older candidate for a position. She’s well qualified, but the team she would be working with is made up of people who are much younger, and we are worried about how she will fit in. Can the criteria to hire for cultural fit outweigh potential age discrimination concerns?

Answer: Your obligations under Title VII of the Civil Rights Act that protects workers from discrimination on the basis of age still apply, and you should weigh any employment decisions you make based on nondiscriminatory factors that include the applicant’s ability to do the job over age or generational concerns. While you should certainly think about company and even team culture when considering new hires, you may be putting the cart before the horse by worrying about how this new employee might fit, or not fit, with her new team. And, you might be overlooking the notion that older workers and millennials have more in common than you think.

For example, older workers may appreciate flexible work hours or alternative working arrangements, like many younger people in the workforce. Their responsibilities to children in the home may be done, while their younger counterparts may be pre-child-rearing stage. Older workers’ life-long experience, along with their work experience, may be highly valued and respected on a younger team. Older workers may be driven to learn new skills and new ways of working, just like their younger counterparts.

The experience of learning isn’t just about your older worker teaching or mentoring her younger teammates, however. Older employees benefit from working with younger generations in many ways, such as learning new technology, expanding mindsets to think more out-of-the-box when problem solving, and even finding encouragement to learn new skills and to think more creatively.

Adding a new employee of any age will pose challenges to a well-established team. If your candidate has the experience and the drive that will fit the position, assume all involved will enter into the relationship with open minds and will listen and learn from each other.

Originally posted by www.ThinkHR.com

Ask the Experts: How to Calculate Minimum Wage | Maryland Benefit Advisors

Question: Is minimum wage calculated on hours worked or hours worked plus performance-based earnings, thus subject to change each pay period? For instance, a nonexempt employee is paid $320 for 40 hours worked with $60 added for performance goals, totaling $380. Which amount is used to determine the employee’s minimum wage; $320 or $380? The minimum wage in our state is $8.50.

Answer: The amount used to determine the employee’s minimum wage would be $320 because, under the federal Fair Labor Standards Act (FLSA), employers must pay nonexempt employees at least the applicable minimum wage for all hours worked up to 40 in the work week and the calculation of the minimum wage cannot include commissions or bonus/incentive pay. Certain credits may be permissible that would allow the rate of pay to fall below the minimum wage, but those credits are limited to tip credits and credits for food and lodging.

Therefore, in your example, if your employee is earning $320 per week for 40 hours of work, the rate of pay is $8 per hour. In your state, your minimum wage is $8.50 per hour. You would need to increase the rate of pay for hours worked by $.50 per hour so that the employee earns the effective rate of pay. The incentive payment will be in addition to the applicable minimum wage.

While employers must include commissions and nondiscretionary bonus payments in the calculation of overtime, commissions and any bonus or incentive payments are not included in the calculation of minimum wage.

Originally Posted By www.thinkhr.com