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Review Of 2012 And What To Expect In

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From a recent Strategic HR Management Class.

From a recent Strategic HR Management Class.


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  • 1. Review of 2012 andWhat to Expect in 2013 Strategic HR Management
  • 2. Federal Agency Actions 12/12/2012 HRinfo4u 2
  • 3.  Oct 12, 2012 fact sheet on employer decisions regarding victims of domestic violence. ◦ Any employment related activity. Non-legislative expansion of protections to victims of domestic violence or stalking under: ◦ Title VII ◦ ADA ◦ FMLAEEOC Guidance on Victims ofDomestic Violence 12/12/2012 HRinfo4u 3
  • 4.  April 2012, EEOC revised Enforcement Guidance on Arrest and Conviction Records (in the Uniform Guidelines). EEOC focus on disparate impact claims due to collection and use of criminal background checks on employment actions. Title VII does not include conviction history or arrest record as protected classes.EEOC Guidance on CriminalBackground Checks 12/12/2012 HRinfo4u 4
  • 5.  Targets of changes: ◦ Broad, uniform policies vs. narrowly tailored policies based on “business necessity.” ◦ This may require “individual assessments” based on the impact of prior criminal behavior on job performance. ◦ NY State Corrections Law already requires narrowly tailored policies and an individual evaluation.EEOC Guidance on CriminalBackground Checks 12/12/2012 HRinfo4u 5
  • 6.  “Topics of consideration in the Guidance:” ◦ Accuracy of criminal records ◦ The “facts” surrounding the record ◦ Number and nature of offenses ◦ Age at time of conviction ◦ Whether bonding is required ◦ Work history post conviction ◦ Character referencesEEOC Guidance on CriminalBackground Checks 12/12/2012 HRinfo4u 6
  • 7.  EEOC issues 5 year plan as a way to warn employers and put them on notice. September 2012 Strategic Enforcement Plan. ◦ Eliminate systemic barriers to hiring ◦ Protect immigrant, migrant and others ◦ Address emerging employment issues ◦ Preserve access to the legal system ◦ Combat harassment ◦ Disparate pay claims ◦ Facially neutral practices that create adverse impactEEOC Strategic Enforcement Plan 12/12/2012 HRinfo4u 7
  • 8.  The NLRB has continued its review of social media policies. ◦ Costco decision. Policy on using “appropriate business decorum” OK under Section 8. Prohibition against posting of messages (damage the company, defame any individual or damage someone’s reputation) violated the Act. ◦ Knaus BMW decision. Policy on “disrespectful” language violates Section 7.The NLRB and Social Media 12/12/2012 HRinfo4u 8
  • 9.  HR practice of asking employees involved in investigations not to discuss with co- workers violates the NLRA. Does not prevent employers from requiring confidentiality where it can demonstrate a legitimate business need. Applies to both union and non-union employers.The NLRB and HR Investigations 12/12/2012 HRinfo4u 9
  • 10. Federal Legislation 12/12/2012 HRinfo4u 10
  • 11.  Rejected in 2010. Would amend the Equal Pay Act: ◦ Bars retaliation against employees who ask about pay disparities. ◦ Grants to train women in how to negotiate salary agreements. ◦ Allow employees to sue for punitive damages in cases of pay discrimination. (Lily Ledbetter) ◦ Employers must justify pay disparities between men and women. (similar in nature to Section 10 requirements)Paycheck Fairness Act 12/12/2012 HRinfo4u 11
  • 12.  March 2012 legislation that allow employees the statutory right to ask for a flexible work schedule. ◦ Work hours ◦ Required start and end times ◦ Required worksite ◦ Work schedule Once a request is received, employers would have to meet with the employee and respond, in writing, within a “reasonable time” the reason for denying a request.Working Families Flexibility Act 12/12/2012 HRinfo4u 12
  • 13.  1/1/13, all employers required to update their notices to reflect the new enforcement agency, the Consumer Financial Protection Bureau (CFPB). ◦ Summary of rights under the FCRA ◦ Notice to Furnishers of information ◦ Notice to Users of Consumer Information and ReportsFederal Credit Reporting ActNotices 12/12/2012 HRinfo4u 13
  • 14.  August 2012 notice that USCIS will be publishing a new I-9. ◦ Forms and instructions would expand from 5 pages to 9 pages, ◦ Requirement that the form be completed “no later than the first day of work for pay.” ◦ Updated list of acceptable documents. ◦ Email and telephone numbers of employees. ◦ PO boxes no longer acceptable.USCIS and the New I-9 Form 12/12/2012 HRinfo4u 14
  • 15.  False Claims Act cases returned $9 billion to the government in FY2012. False Claims Act prohibits companies from submitting false claims for government reimbursements. 2009 Fraud Enforcement and Recovery Act, broadens the FCA. False claims need not be made directly to the government agency but if money is spent on behalf of the government.The False Claims Act 12/12/2012 HRinfo4u 15
  • 16.  ACA is here to stay. Regulations are coming from IRS, HHS and DOL. Pro-employee agenda from the NLRB. ◦ Expansion of union and non-union concerted activity rights. ◦ Scrutinizing of employer policies and statements made by executives and supervisors interfering with Section 7 rights.What to Expect from the ObamaAdministration 12/12/2012 HRinfo4u 16
  • 17.  Comprehensive immigration reform ◦ “path to citizenship” for illegal aliens. ◦ New I-9 Form Heightened activity by OSHA ◦ Injury and illness prevention programs ◦ New reporting requirements EEOC activity ◦ Protections for LGBT community Supreme Court appointmentsWhat to Expect from the ObamaAdministration 12/12/2012 HRinfo4u 17
  • 18. New York State Legislation 12/12/2012 HRinfo4u 18
  • 19.  November 6, 2012 until November 5, 2015. DOL Guidance not yet available. Expands items that may be deducted from employee pay: ◦ Charitable purchases ◦ Discounted parking or mass transit ◦ Gym membership ◦ Pharmacy purchases ◦ School and child care expensesWage Deductions Amendment toLabor Law Section 193 12/12/2012 HRinfo4u 19
  • 20.  Tightens protections on uses of SSN, effective 12/20/12. SSN considered “any number derived from such numbers” unless encrypted. (last 4 digits, for instance) A person may not be required to disclose or furnish the SSN for any purpose, unless there is an exception.Social Security Numbers 12/12/2012 HRinfo4u 20
  • 21.  Exceptions: ◦ Voluntary consent ◦ Required by federal, state or local law ◦ Used for internal investigations or fraud investigations ◦ Necessary for credit or credit card transactions ◦ Purpose of employment, administration of a claim, benefit or procedure related to employmentSocial Security Numbers 12/12/2012 HRinfo4u 21
  • 22.  Annual Notice to employees due before 2/1/2013. If you have changed your exempt/non- exempt classifications during 2012, you must give employees notice of the reclassification at the time of the change.Wage Theft Protection Act Notice 12/12/2012 HRinfo4u 22
  • 23.  Potential repeal of the Annual Notice under Wage Theft. Health Workplace Bill. Anti-bullying or “abusive work environment.” Paid Family Leave, amending the workers comp law while caring for sick family members Fair Pay Act, similar to Paycheck Fairness Act Gender identity protectionsAnticipated New York StateDevelopments 12/12/2012 HRinfo4u 23
  • 24. Questions/Comments? 12/12/2012 HRinfo4u 24

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