Tag: Wage

  • What is the antidote to ‘wage theft’ in universities? – Opinion

    What is the antidote to ‘wage theft’ in universities? – Opinion

    Australia’s universities are some of the most prestigious and highly-ranked in the OECD. Yet the sector is arguably in crisis.

    It narrowly escaped a potentially devastating hit to the $47.8 billion in annual revenue generated by international education, with proposed international students caps only just scuppered in parliament’s last sitting fortnight of the year. 

    But it is again being rocked by headlines around “wage theft” and millions of dollars wasted on consulting fees by some of our biggest universities.

    A damning report by the National Tertiary Education Union has labelled this a “crisis of governance” constituting “reckless spending’’ by “the overpaid executive class”.

    Ouch.

    Yet Australia’s education system is strong by global standards, ranking third globally, and is home to several prestigious universities that consistently rank among the best in the world. 

    It is unlikely that a sector built on advancing human potential has solely reached this point by maliciously setting out to hurt its own backbone – its faculty.

    Rather, systemic problems often indicate structural sectoral flaws, and ineffective means to address them. And Australia’s university system is not immune by any means.

    A legacy issue of systemic complexity

    We cannot know with certainty if there are indeed some bad actors in this story. Possibly.

    But what is undeniably evident are the range of sectoral factors contributing to the sector’s longstanding history of poor record-keeping, including the challenges posed by its complex workforce structure.

    Payroll compliance in universities is highly complex due to the combination of intricate awards, unique enterprise agreements, and a history of poor record-keeping. 

    For instance, universities rely heavily on casual staff, working under often-opaque arrangements. Compensable tasks such as marking essays or tutorial attendance are governed by intricate rules or piece-rate agreements, complicating the tracking of hours and payment. 

    These layers of complexity create incomplete and inaccurate timesheet data, making it nearly impossible for a human to verify when employees worked and whether they were paid correctly.  

    And so the resulting payroll errors aren’t just mistakes – they represent a systemic failing with devastating consequences all round. 

    Underpaid employees face reduced morale, a loss of trust in their employers, and financial stress that often disproportionately affects the most vulnerable. Menwhile, the underpaying universities risk potentially enormous fines and suffer from deep reputational damage, as has been demonstrated recently.

    Worse still, is the fact that attempts at resolving these issues are also failing, because they represent nothing more than curative and labour-intensive bandaid “solutions”.

    For instance, many universities, after spending millions on consultants to recalculate and backpay impacted employees, have now shifted to hiring large internal teams to manage ongoing compliance efforts. 

    These teams are tasked with monitoring timesheet accuracy, tracking errors, and managing ongoing remediation efforts, seemingly indefinitely, as if fixing this problem should somehow just be “business as usual”.

    Yet treatments should never be “business as usual”, because this is to accept that the problem will never be resolved. 

    Instead, systemic problems like this one require systemic solutions that assume eliminating the problem is indeed possible. 

    Fixing the system, not the symptoms

    For this to occur, Australia’s tertiary education sector must urgently stop outdated and cumbersome legacy practices and instead embrace preventative long-term solutions that rebuild trust, and support fair and accurate pay for all employees.

    In practice, this would involve the adoption of advanced compliance tools and technologies that enable payroll teams to efficiently and accurately monitor payroll end-to-end. This allows teams to rapidly identify errors before, not after, a pay run, and drastically reduce the need for constant manual interventions.

    Introducing independent oversight by risk and compliance teams will also help to reduce the risk of a “marking your own homework” approach by human resources and payroll teams, bringing a fresh perspective to compliance checks.

    Regular training to keep payroll and compliance teams up to date on changes in legislation, award conditions, and enterprise agreements are also a must in industries like education where payroll practices are complex and dynamic.

    And, finally, all of these processes should be consistent across all schools and faculties to avoid disparities and confusion, and reduce errors caused by varying practices.

    Any university with the courage to break from centuries of backwards-looking remediation practices and instead embrace a forward-looking, technology-based approach would not only demonstrate bold and refreshing leadership. 

    It would also help to create enormous goodwill for a sector in desperate need of positive news and, critically, potentially save millions in the process.

    Fred van er Tang is chief executive of payroll compliance technology company PaidRight.

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  • No more civic washing – most universities now pay their staff a living wage

    No more civic washing – most universities now pay their staff a living wage

    Today 88 per cent of UK universities pay a living wage, marking a significant increase from 2022 when I first published an article on Wonkhe that suggested that several universities were engaged in “civic washing” – claiming civic credentials without the concrete action to back up their claims.

    My argument then was that a significant proportion of universities had made public commitments to be “civic” but were not paying the living wage. How, I often asked myself, can you claim to be civic and not treat your lowest paid, and often local, staff with the dignity of a living wage?

    The Living Wage Foundation calculates the living wage to be £12.60 (£13.85 in London) according to the cost of living, based on a basket of household goods and services. This is above the statutory minimum wage, which the government brands as the “national living wage.” Employers – including universities – have used the language of the “voluntary living wage” (VLW) where they claim to pay the level determined by the Living Wage Foundation but are not accredited in doing so. This contrasts with the “real living wage” (RLW) which is when an employer is accredited by the Living Wage Foundation as paying the living wage.

    To be accredited with the Living Wage Foundation an employer must pay all directly employed staff the living wage and have an agreed plan in place for third party contracted staff such as for outsourced catering, cleaning and security. The requirement placed on subcontracted staff is one of the reasons that universities and other employers pay the VLW as opposed to the RLW.

    Real progress

    As reported in a series of Wonkhe articles (here and here), over the past four years there has been an increase in the number of universities paying the real and voluntary living wage. In the context of the acute financial crisis impacting many universities this is a massive achievement that should be celebrated. Indeed, I am aware of only one university that has de-credited from the Living Wage Foundation over the past few years.

    In 2019 (when I first looked into the living wage issue) only 38 of Universities UK members were accredited with the LWF. Today that has increased to 80 with four accrediting in 2024. However, this does not take into account the universities that pay the VLW. The only way to determine this is to check institutional websites and where no information is available to follow up with a freedom of information request. In 2024, we contacted 61 universities and determined that 39 were paying a voluntary living wage.

    This year I decided to update this analysis by focusing on the 22 universities that confirmed they did not pay the RLW or VLW. Two of these were private providers that did not respond to a FOI last year, so I excluded them. The remaining 20 did respond, of which 12 unambiguously acknowledged that they did not pay the living wage, three said they were considering it but currently do not pay the VLW, 2 said no, but added that their pay scales are above the living wage and thus were included in the analysis and three said that they now pay the VLW.

    This means that out of 140 universities in my sample, 123 now pay the real or voluntary living wage (88 per cent), up from 82 per cent last year. Whilst this is undoubtedly cause for celebration, it is important to note that the VLW does not require a commitment for subcontractors to be paid a living wage.

    As some of you know, I am off to pastures new and thus this will be the last time I update the analysis. However, I am delighted that Citizens UK’s community of practice on higher education has agreed to take on the exercise and I have shared with them all the data from previous years. Perhaps when I return to the UK the university sector will have set a precedent by being wholly accredited with the Living Wage Foundation.

    Find out more about the Living Wage Foundation and the process of accreditation as a Living Wage employer here

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  • U.S. Appeals Court Overturns $15 Minimum Wage for Federal Contractors

    U.S. Appeals Court Overturns $15 Minimum Wage for Federal Contractors

    by CUPA-HR | November 12, 2024

    On November 5, the 9th U.S. Circuit Court of Appeals reversed a lower district court’s decision to dismiss a lawsuit challenging the Biden administration’s executive order and the Department of Labor (DOL)’s final rule to increase the minimum wage for federal contractors. The ruling orders the legal challenge to proceed, which could ultimately strike down the executive order and final rule.

    In April 2021, the Biden administration published executive order 14026, which directed DOL to issue regulations to increase the minimum wage for federal contractors to $15 per hour beginning on January 30, 2022. Subsequently, in November 2021, DOL issued its final rule to implement the executive order, setting the minimum wage for federal contractors to $15 per hour on January 30, 2022, and requiring the secretary of Labor to annually review and determine the minimum wage amount beginning in January 2023.

    The executive order and final rule were challenged by five states: Arizona, Idaho, Indiana, Nebraska and South Carolina. In their suit, the states claimed that the Biden administration violated the Federal Property and Administrative Services Act (FPASA) and exceeded its authority granted under the law by imposing a wage mandate through an executive order. They also argued that DOL violated the Administrative Procedure Act (APA), which governs how federal agencies proceed through the notice-and-comment rulemaking process, when implementing the final rule. The lawsuit was originally dismissed by a federal judge in the U.S. District Court of Arizona, leading the states to appeal to the 9th Circuit.

    In the 9th Circuit’s ruling, two of the three judges on the panel sided with the states’ arguments, reversing the dismissal of the case from the lower district court. The majority opinion held that the minimum wage mandate exceeded the president’s authority under FPASA and that DOL’s final rule was subject to arbitrary-or-capricious review under the APA. As such, the circuit court sends the case back to the district court, where the federal judge will proceed with the case and issue a further ruling to uphold or strike down the executive order and final rule. For now, the order and final rule are still in place, but the future of both is uncertain. CUPA-HR will keep members apprised of any updates related to this lawsuit and further laws and regulations impacting federal contractors.

     

     



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