Transcript T-Minus 6 Months and Counting! D Leading People. Leading Organizations. May 21, 2014 Chatrane Birbal, Senior Advisor, Government Relations Nancy Hammer, Senior Government Affairs Policy.

T-Minus 6 Months and Counting!
D
Leading People. Leading Organizations.
May 21, 2014
Chatrane Birbal, Senior Advisor, Government Relations
Nancy Hammer, Senior Government Affairs Policy Counsel, Government Affairs
Kelly Hastings, Senior Advisor, Government Relations
©SHRM 2014
@SHRMBirbal
@HammerSHRM
@SHRMKellyH
©SHRM 2014
Source: GovTrack.US
©SHRM 2014
State of the Union
“. . . Some require Congressional action, and I’m eager to work with
all of you. But America does not stand still – and neither will I. So
wherever and whenever I can take steps without legislation to expand
opportunity for more American families, that’s what I’m going to do.”
President Barack Obama – January 2014
©SHRM 2014
Post State of the Union
Agency developments and Executive Orders will ensure an active 2014:
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Proposed Rule to Amend Representation Election Procedures 
Proposed 541 Regulation 
Executive Order on Pay Discrimination for Federal Contractors 
Executive Order on Minimum Wage for Federal Contractors 
...
©SHRM 2014
National Labor Relations Board
Proposed Rule to Amend Representation Election Procedures

Rule was reissued by the NLRB in the Federal Register on February 5. The
5. The proposed rule is nearly identical to regulations proposed in 2011.
in 2011.

The proposal would revise the process for union representation elections,
elections, expediting the period of time between the filing of NLRB election
NLRB election petition and the election itself. The regional director could set a
director could set a pre-election hearing to begin seven days after a hearing
after a hearing notice is served and a post-election hearing 14 days after the
days after the tally of ballots.

Provides for the electronic filing and transmission of election petitions.
petitions.

Employers would be required to turn over private employee information to the
information to the NLRB and the petitioning party, including employee
employee telephone numbers and e-mail.
©SHRM 2014
SHRM raised the following concerns to the proposed rule in its comments:
 Shortened time frame between the filing of an NLRB representation case
representation case petition and election;
 Failure to establish a record supporting new election rules;
 Detrimental changes to the Board election proceedings and;
 Changes to voter list rules infringe on employee privacy rights.

We were joined in its comments by 96 SHRM state councils and chapters and over
chapters and over 4,600 individual members submitted their own comments to the
comments to the NLRB as well.

SHRM member Roger King of Jones Day testified before the NLRB on April 10 on
April 10 on these issues.

SHRM member Steve Browne also testified before the House Education and
and Workforce committee on the proposed rule in March.
©SHRM 2014
Department of Labor
Proposed Rule to Amend 541 Overtime Regulations
 President Obama sent a presidential memorandum to the
to the Department of Labor (DOL) on March 13, directing
directing the Agency to “modernize” and “simplify” the
“simplify” the Section 541 rules.
 Under the FLSA 541 Regulations, an employee qualifies as
qualifies as exempt from overtime if he or she satisfies a
satisfies a “duties test” (under the Executive, Administrative,
Administrative, Professional, Computer and Outside Sales
Outside Sales regulations) and the employee is paid on a
paid on a “Salary Basis.”
©SHRM 2014
Department of Labor
Proposed Rule to Amend 541 Overtime Regulations

Although we have not seen a proposal, we understand the changes may
changes may include doubling the “Salary Basis” amount from $455 dollars
$455 dollars a week ($23,660 annually) to $910 dollars a week ($47,320
($47,320 annually).

Proposal will also modify the “duties test” making changes to definitions
definitions and possibly changing key terms and elements, particularly in
particularly in the “primary duty” area.

DOL will be holding a series of listening events in the months leading up to
leading up to the announcement and SHRM anticipates that we will be part
we will be part of those sessions.
©SHRM 2014
Department of Labor
Executive Order on Non-Retaliation for Disclosure of
Compensation Information
 Announced by the President on April 8, prohibits a
federal contractor from discriminating against or
discharging an employee or applicant who “has inquired
about, discussed, or disclosed the compensation of the
employee or applicant or another employee or
applicant.”
 The executive order directs the DOL to propose
regulations to implement these requirements within 160
days.
©SHRM
 The order is effective immediately and applies
to 2014
contract
Department of Labor
Executive Order on Non-Retaliation for Disclosure of
Compensation Information

Announced by the President on April 8, prohibits a federal contractor
contractor from discriminating against or discharging an employee or
employee or applicant who “has inquired about, discussed, or disclosed
or disclosed the compensation of the employee or applicant or another
or another employee or applicant.”

The executive order directs the DOL to propose regulations to implement
to implement these requirements within 160 days.

The order is effective immediately and applies to contract entered into on
entered into on or after the effective date of the DOL rule.
©SHRM 2014
Department of Labor
Presidential Memorandum on Advancing Pay Equality through
Compensation Data Collection

Announced by the President on April 8, it directs the DOL to
propose, within 120 days, a rule requiring federal
contractors and subcontractors to submit to DOL summary
data on the compensation paid to employees, including
information by race and sex.

In 2011, SHRM submitted comments to the Office of Federal
Contract Compliance Programs (OFCCP) on a similar
proposed rule.

SHRM’s comments raised several concerns with the
proposal including the need to protect proprietary
employer information on compensation systems. ©SHRM 2014
A Roundtable Discussion:
Economic Security for Working Women
Tuesday, May 20 2014
SHRM Member:
Gayle E. Troy , Human Resource Manager,
Globe Manufacturing Company, LLC, Pittsfield,
NH
©SHRM 2014
Timeline of Important Immigration Actions
in the 113th Congress
House Speaker Boehner will not take
up S. 744, but will take a step-bystep approach and address a series
of bills.
House Democrats
discuss a discharge
petition option.
The President indicates in
his SOTU that immigration
reform is a top 2014
priority.
The Senate passes the Border
Security, Economic
Opportunity, Immigration
Modernization Act (S. 744).
June 27
Republicans immigration reform
standards are released in the House.
Any final bill will need Democratic
support to pass.
House Speaker Boehner
says immigration reform
will be difficult to move
forward in 2014.
The President agrees
to support a step-bystep approach.
July
November 20
2013
January 28
January 30
February 6
2014
©SHRM 2014
February 25
The Legal Workforce Act (H.R. 1772)
A bill that focuses on employment verification, makes E-Verify mandatory within six months to two years of
enactment, preempts state laws, and while it takes steps toward modernizing the current E-Verify system, further
changes are needed to combat identity theft in the verification process. (Passed in Committee June 2013)
©SHRM 2014
Ensure Employers have the Tools to Hire Legal Workforce. E-Verify
the-art technology, such as knowledge based authentication, to accurately
authenticate a new hire’s identity to combat against identity theft.
©SHRM 2014
©SHRM 2014
Possible Windows for Immigration Reform
• This summer after many Republican primaries are complete
• Lame Duck (post-election) ?
• The next Congress (2015-2016) ?
• The next President (2017 and beyond) ?
©SHRM 2014
The SHRM A-Team
 Developed to ensure when policy decision-makers
(legislators, regulators, etc.) develop workplace policy, the
voice of HR is heard via a “local network”
 Since MoC’s are most responsive to their constituents,
informs legislators of policy impacts upon employers in her
/ his district
 SHRM members best understand / are best suited to
communicate how public policy affects employees,
employers & the HR profession as a whole
 SHRM members are constituents with an interest in policy
that will sway legislators and develop credible and
influential relationships with elected officials
©SHRM 2014
A-Team Target States 2010-2014
2010
2011
2012
2013
2014
Alabama
Delaware
Colorado
Alaska
Hawaii
Arkansas
Illinois
Connecticut
Arizona
Kentucky
Florida
Nevada
Georgia
Louisiana
Massachusetts
Kansas
New Mexico
Idaho
Michigan
Mississippi
Maine
Ohio
Indiana
Minnesota
Missouri
Nebraska
Oregon
Iowa
Montana
New Jersey
New York
Pennsylvania
Maryland
New Hampshire
North Dakota
Rhode Island
Texas
Oklahoma
North Carolina
South Dakota
Washington
Virginia
Tennessee
South Carolina
Utah
Wisconsin
West Virginia
Wyoming
Vermont
California
California
California
California
California
©SHRM 2014
©SHRM 2014
Government Affairs Staff Contact
Mike Aitken
Vice President, Government Affairs
Office: 703-535-6027
Cell: 703-625-1784
[email protected]
Jason Gabhart
California State Government Relations Advisor
Cell: 916-833-0462
[email protected]
Meredith Nethercutt
Senior Associate, Member Advocacy
Office: 703.535.6417
Cell: 703-362-2366
[email protected]
Chatrane Birbal
Senior Advisor, Government Relations
Office: 703-535-6476
Cell: 917-627-4682
[email protected]
Nancy Hammer, Esq.
Senior Government Affairs Policy Counsel
Office: 703-535-6030
Cell: 703-598-8585
[email protected]
Council For Global Immigration
Bob Carragher
Senior Advisor, State Affairs
Office: 703-535-6268
Cell: 571-251-1135
[email protected]
Kelly Hasting
Senior Advisor, Government Relations
Office: 703-535-6246
Cell: 571-235-1338
[email protected]
Kathleen Coulombe
Senior Advisor, Government Relations
Office: 703-535-6061
Cell: 571-263-2454
[email protected]
Lisa Horn
Director, Congressional Affairs
Office: 703-535-6352
Cell: 703-731-4669
[email protected]
Lynn Shotwell
Executive Director
Office: 703.535.6466
Cell: 202-374-8382
[email protected]
Rebecca Peters
Director & Counsel for Legislative Affairs
Office: 703.535.6467
Cell: 202-459-3845
[email protected]
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