©SHRM 2010 Government Affairs CLA Conference Call – January 19, 2011.
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Transcript of ©SHRM 2010 Government Affairs CLA Conference Call – January 19, 2011.
©SHRM 2010©SHRM 2010
Government Affairs CLA Conference Call – January 19, 2011
©SHRM 2010
Today’s Conference Call Agenda
• Welcoming Remarks – Sherry Johnson
• A Washington Outlook for HR Public Policy Issues in the 112th Congress – Michael Layman
• A Snapshot of Federal Regulatory/Legal Developments – Michael Layman
• An Overview of State Legislative Developments – Bob Carragher
• SHRM’s A-Team: Year 2 – David Lusk
• Brief Q & A to follow2
©SHRM 2010
The Washington Outlook for HR Public Policy Issues
3
©SHRM 2010 4
111th Congress
The Washington Outlook for HR Public Policy Issues
LAST YEAR’S Key Federal HR Issues
Health Care Reform – enacted Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act in March 2010
Labor-Management Relations – failed to enact Employee Free Choice Act and Public Safety Employer-Employee Cooperation Act
Civil Rights – failed to enact Employment Non-Discrimination Act and Paycheck Fairness Act
Workplace Flexibility/Employee Leave Benefits – failed to enact Healthy Families Act
©SHRM 2010 5
111th Congress
The Washington Outlook for HR Public Policy Issues
Tax Compromise – Extensions of Current Law
Extension of Section 127 Employer-Provided Educational Assistance Tax Benefit through December 31, 2012
SHRM is the co-chair of the Coalition to Preserve Employer-Provided Educational Assistance (www.cpepea.com).
©SHRM 2010 6
111th Congress
The Washington Outlook for HR Public Policy Issues
Tax Compromise – Extensions of Current Law
Deductible Education Expenses
Unemployment Benefits
Employer-Provided Child Care Credit
Wage Credit for Active Military Reservists
Employer Adoption Tax Credit
Work Opportunity Tax Credit (WOTC)
©SHRM 2010 7
111th Congress
The Washington Outlook for HR Public Policy Issues
Tax Compromise – New Provisions
“Making Work Pay” Payroll Tax Credit
Employer-Provided Mass Transit and Parking Benefits
©SHRM 2010 8
The Washington Outlook for HR Public Policy Issues
House of Representatives
House of Representatives Post-election Map
©SHRM 2010 9
House of Representatives
House of Representatives
There are currently 242 Republicans and 193 Democrats
The 111th Congress included 256 Democrats & 179 Republicans
Need 2/3 of House (290 votes) to override a veto
Why is control of the House important? Control committees and determine focus Control Rules Committee and the floor
The Washington Outlook for HR Public Policy Issues
©SHRM 2010 10
U.S. Senate
Senate
There are currently 51 Democrats, 47 Republicans, and 2 Independents
The 111th Congress included 57 Democrats, 41 Republicans, and 2 Independents
Need 2/3 of Senate (67 votes) to override a veto
Why is control of the Senate important? Control committees and Senate floor Magic number in Senate is “60”
The Washington Outlook for HR Public Policy Issues
©SHRM 2010 11
Census and Congressional Redistricting
Every ten years, the Census reapportions both congressional seats and electoral college votes
Texas will gain four congressional seats
Florida will gain two
Arizona, Georgia, S.C., Utah, Washington and Nevada will each gain one
The Washington Outlook for HR Public Policy Issues
©SHRM 2010 12
The Washington Outlook for HR Public Policy Issues
Legislation to Watch in the 112th Congress
Health Care Reform
Tax Reform
Immigration Reform
Background Investigations
Labor-Management Relations
©SHRM 2010
Recent Federal Agency
& Legal Developments
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©SHRM 2010
Recent Federal Agency & Legal Developments
• EEOC> ADA amendments Act Rules – EEOC
unanimously approved at end of December. SHRM believes this means the rules were likely changed to better reflect the compromise legislation.
• Currently in OMB review. Once approved will be published in Federal Register.
> Focus on Employer Use of Credit Checks – hearing late last year on disparate discriminatory impact of credit check on minorities.
©SHRM 2010
Recent Federal Agency & Legal Developments
• National Labor Relations Board> Proposed rule on Notification of Employee
Rights to organize and bargain collectively.• SHRM preparing comments & will invite
state councils and chapters to sign on.• SHRM will provide sample letter(s) for
individual SHRM members to comment.• Comments due February 22 (expect
alert/communication early February).
©SHRM 2010
Recent Federal Agency & Legal Developments
• Department of Labor> Wage & Hour Division request for
information on their preliminary interpretations of Nursing Mother provisions included in Health Care reform law.
• DOL seeks information on how to interpret “reasonable break time,” location “shielded from view” and “free from intrusion,” and undue hardship exemption for small employers.
• SHRM submitting comments that are due February 22.
©SHRM 2010
Recent Agency & Court Action
• U.S. Supreme Court - SHRM amicus brief> Dukes v. Wal-Mart – class action of over one
million female employees alleging sex discrimination in pay and promotion.
> Plaintiffs argue that Wal-Mart’s centralized corporate policies coupled with “excessive” subjectivity in personnel/performance reviews by managers at individual stores results in systemic gender bias.
> SHRM brief focuses on explaining HR practices.
©SHRM 2010 18
The Washington Outlook for HR Public Policy Issues
SHRM 2011 Employment Law and
Legislative Conference(including a Reception at the Library of Congress and a March
16th Advocacy Day on Capitol Hill)
DouglasBrinkley
Soledad O’Brien
Michael P. Aitken
March 14 – 16, 2011Washington, D.C.Register online at
www.shrm.org/conferences/leg
©SHRM 2010
Helpful Tips for State/Chapter Legislative Leaders for Tracking/Advocating on Legislation in Your State
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©SHRM 2010
Take a Moment to Familiarize Yourself with the SHRM Government Affairs Website
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©SHRM 2010
‘Advocacy’ Portion of the SHRM Website
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©SHRM 2010
Online Toolkit for State & Chapter Legislative Directors
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SHRM’s State/Federal Legislative Tracking System
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©SHRM 2010
Issues SHRM is Tracking on the State Level
If you have other topics you would like tracked, e-mail your suggestions to [email protected]
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► Background/Credit Checks ► Background/Criminal ► Discrimination in the Workplace ► Domestic Partner Benefits ► Domestic Violence/Workplace Bullying ► Harassment in the Workplace ► Health Care Reform ► Human Resources ► Paid Leave ► Unpaid Leave ► Mandated Use of E-Verify ► Military Leave ► Misclassification of Workers ► Union Organizing ► Workplace Weapons - Parking Lot
©SHRM 2010
Restricting the Use of Credit Checks in the Hiring Process
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©SHRM 2010
Mandating the Use of E-Verify for Certain Employers in the State
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©SHRM 2010
Restricting an Employer’s Ability to Restrict Weapons on Company Property (Parking Lots)
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©SHRM 2010 28
©SHRM 2010
SHRM Advocacy Team
Intended to build upon the successful (but mostly) ad-hoc efforts already underway across the country
Year two of five-year implementation (incremental rollout)
Informs legislators of policy impacts upon employers in their district
Two levels of participation
1. HR Advocate – broad-based participation to engage members at he state and district level
2. “Advocacy Captains” – one per congressional district in each target state who takes a leadership role
SHRM’s Regional-Chapter structure does not necessarily align with boundaries of legislative districts
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©SHRM 2010
Advocacy Captain Requirements
Must be a SHRM member in good standing
Strong preference for prior or current experience as an HR professional (HR certification highly desirable)
Must live within the congressional district he / she is representing as an Advocacy Captain
Appointment is made by SHRM with input from state councils and chapter representatives, among others
Serve a two-year term beginning the first day of January and ending the last day of December. May be reappointed for additional terms. It
is advisable that an individual serves in this position for multiple terms.
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©SHRM 2010
WI
NE
KS
NY
MEWA
FL
2010 Target States
AL
AR
CA
Total Congressional Districts: 146
RI
©SHRM 2010
WI
NE
KS
NY
MEWA
FL
2010 Target States Trained
AL
AR
CA
Volunteers Identified: 185 (120 Districts)States with Advocacy Captain Vacancies: California, Florida, New York, Washington
SHRM Members Trained: 440
RI
©SHRM 2010
IL
NM
PA
NV
OR
2011 Target States
Total Congressional Districts: 114
DE
OH
TX
WV VA
©SHRM 2010 34
2011 A-Team Events
10 – KS (Topeka) - KS Employment Law & Legislative Conference
16 – WA (Olympia) – SHRM Olympia
16 – OH (Cleveland) – Cleveland SHRM
17 – WA (Tacoma) – South Puget Sound SHRM Chapter
18 – WA (Seatac) – WA State SHRM Council Meeting
18 – WA (Seattle) – Seattle Metro Area SHRM
February
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2011 A-Team Events
3 – TX (Austin) – SHRM-TX Legislative Conference
14-16 – (Washington, DC) SHRM Employment Law & Legislative Conference
March
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2011 A-Team Events
Apr 8 – PA (Harrisburg) – PA State Council of SHRM Legislative & Legal Conference
Apr 12 – IL (Champaign) – Central IL Human Resources Group
Apr 13 – IL (Springfield) –IL State Council of SHRM Legislative Conference
April
©SHRM 2010
Contact Information for Today’s Presenters
Thanks for your attention today!• Sherry Johnson –
[email protected]• Michael Layman –
[email protected]• Bob Carragher –
[email protected]• David Lusk –