hr florida: washington outlook & hr policy update t · conference chair john barrasso (r -wy)...
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© 2019 SHRM. All Rights Reserved
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© 2019 SHRM. All Rights Reserved
HR Florida: Washington Outlook
& HR Policy Update
Presented by
Bob Carragher
Vice President, State Strategy & Engagement
SHRM
March 27, 2019
© 2019 SHRM. All Rights Reserved
Today’s Agenda
▪ The State of the Nation
▪ Make-up of the 116th Congress - What It Means
▪ SHRM’s Public Policy Priorities in 2019
▪ State Legislative Trends
▪ SHRM A-Team Update
2SHRM 2019
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State of the Nation
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RCP Poll Average
President Trump’s
Job Approval
Source: Real Clear Politics, February 14, 2019
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116th Congress: Senate
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116th Congress: House
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House Freshman Class
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Trend of Women Serving in Congress
Government Back on Top as Nation’s Leading Problem
8SHRM 2019
More Women in the House and Senate
Source: US House of Representatives, Office of the Historian
Graphic: JoElla Carman, CNN, November 28, 2018
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Key Congressional Leaders
Government Back on Top as Nation’s Leading Problem
SHRM 2019 Graphics provided by National Journal December 2018
U.S. Senate Leaders U.S. House Leaders
Majority Leader
Mitch McConnell (R-
KY)
Majority Whip
John Thune (R-SD)
Conference Chair
John Barrasso (R-WY)
Minority Leader
Chuck Schumer (D-NY)
Speaker
Nancy Pelosi (D-CA)
Majority Leader
Stenny Hoyer (D-MD)
Majority Whip
Jim Clyburn (D-SC)
Minority Leader
Kevin McCarthy (R-CA)
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RCP Poll Average
Political Leaders in Congress
Source: Real Clear Politics, March 25, 2019
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Better Workplaces Better World
▪ Scheduling and employer flexibility requirements
▪ Overtime
▪ Sick leave mandates
▪ Social insurance program
▪ Employer paid leave requirement
▪ Paid leave from Social Security
▪ FMLA improvements
▪ Tax credits
▪ Work Visas (H and J)
▪ E-Verify
▪ Trusted Employer program
▪ DACA
▪ Employer educational assistance
▪ Untapped talent pools: older workers, individuals with disabilities, formerly incarcerated
▪ Apprenticeships and job training
▪ Health Care
▪ Sexual Harassment
▪ Compensation equity
SHRM 2019 Priorities
Workplace EquityWorkplace Flexibility & Leave
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© 2019 SHRM. All Rights Reserved
Expand Employer Provided Educational Assistance
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• Expands Section 127 of the Internal Revenue Code to include student loan repayment as a type of tax-free education assistance.
• Bipartisan bill was introduced in the House by Representatives Scott Peters (D-CA), Rodney Davis (R-IL), Elise Stefanik (R-NY), Earl Blumenauer (D-OR), Tom Cole (R-OK), Stephanie Murphy (D-FL) and Jason Smith (R-MO).
• SHRM is leading the coalition on this legislative effort.
H.R. 1043 / S. 460, The Employer Participation in Repayment Act
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SHRM Partnership with Jobs for America’s Graduates
(JAG)SHRM-JAG partnership to address workforce
development and invest in high school students to
help them become college and career ready. The pilot
goal is to develop engagement opportunities
between SHRM members and students to prepare
them for the workplace.
Pilot program in…
o 7 states: Alabama, Indiana, Iowa, Kentucky, Michigan, Missouri, and New Hampshire
o 7 SHRM State Councils / 17 SHRM Chapters participating
o 32 JAG programs at 29 high schools
o Reaching over 1,200 students
Gov. Chris Sununu with NHSHRM members
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• Chaired by Secretary of Commerce, Wilbur Ross and Presidential Advisor, Ivanka Trump with 25
members who are a mix of industry associations, education representatives, union
representatives, CEOs of US business, state governors, and representatives of HR.
• SHRM CEO Johnny C. Taylor, Jr. appointed to the Board.
• The Board will focus on all aspects of workforce development. SHRM will have a specific focus
on improving hiring practices to focus on competencies and otherwise better align employer’s
skill needs with qualified job seekers.
American Workforce Policy Advisory Board
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• Provide advice and recommendations to the
interagency National Council for the American
Worker on ways to encourage the private sector
and educational institutions to combat the skills
crisis by investing in and increasing education
and training.
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9 Years Ago Yesterday, President Obama signs
the Affordable Care Act into Law
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Paid Family Leave at the National Level
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11 states + D.C. currently require paid sick leave
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5 states + D.C. currently require paid family leave
MA law – premiums collected July 2019 / benefits Jan. 2021
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S. 463 / HR 1185, the Family and Medical
Leave Insurance Act (FAMILY Act)
• Provides workers with 12 weeks of paid leave for same purposes as the FMLA
• Workers on leave would receive up to 66% of regular wages, up to $1,000/week
• Eligibility tied to SSDI eligibility, not FMLA firm-specific approach (i.e. 50 or more
employees), but must also have income from employment during prior year, so part-time
workers would be eligible
• Does not include job protection
• Financed through joint payroll contributions of 0.4 percent
evenly split between employers and employees
• Does not preempt or supersede state law
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CRADLE Act
• Plan was unveiled by Senator Mike Lee (R-UT) and
Senator Joni Ernst (R-IA).
• This legislation is the Republican alternative to paid
family leave.
• The bill would allow natural and adoptive parents to
receive one, two, or three months of paid leave
benefits in exchange for postponing activation of
Social Security retirement benefits for two, four, or
six months.
• Benefit would be calculated using existing Social
Security Disability formula.
© 2019 SHRM. All Rights Reserved
Paid Family Leave at the National Level
From a Congressional
Research Service Report on
“Paid Family Leave in the United
States” – Updated September
12, 2018 by Sarah A. Donovan,
Specialist in Labor Policy on
benefit provide by Organization
for Economic Co-Operation and
Development (OECD)
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Section 541 of the FLSA: Overtime Regulation
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• On March 7th new overtime rule released and had several of the
recommendations SHRM advocated during the Obama
Administration.
• Raises the salary threshold to $35,308 using ’04 methodology.
• Raises threshold to $147,414 for “highly compensated
employees”.
• Does not implement automatic updates, or changes to duties
test.
• Would allow nondiscretionary bonuses and incentive payments.
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© 2019 SHRM. All Rights Reserved
• Creates a first-come first-served employment green card system with elimination of the employment green card per country limit.
• Reintroduced by Senators Mike Lee (R-UT) and Kamala Harris (D-CA) and House Judiciary Immigration Subcommittee Chairwoman Zoe Lofgren (D-CA) and Ranking Member Ken Buck (R-CO).
• SHRM will send a letter of support for this bill.
The Fairness for High-Skilled Immigrants Act
(S. 386/H.R. 1044)
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• Repeals the I-9 paper-based system to create a fully electronic employment verification system.
• Mandates all employers to use the E-Verify system.
• Sponsored by Rep. Ken Calvert (R-CA).
• SHRM has supported this bill previously, but has not sent a letter of support at this time, as it is unlikely to move or garner bipartisan support.
The Legal Workforce Act (H.R. 250)
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More Than 10%
of U.S. Employers
Use E-Verify
Workplace Immigration
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© 2019 SHRM. All Rights Reserved
The Paycheck Fairness Act
(S. 270/H.R. 7)
• Introduced by Senator Patty Murray (D-WA) and Rep. Rosa
DeLauro (D-CT).
• The bill’s aim is to make it easier to penalize companies for
disparity and to protect employees who disclose their pay.
• SHRM has opposed this bill previously because it would
outlaw many legitimate practices that employers currently use
to determine compensation and benefits, such as
professional experience, shift differentials, years of
experience, geographic location, etc.
• The full House of Representatives is scheduled to vote on
H.R. 7 later today. Reminder: Equal Pay Day is April 2.
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Sexual Harassment
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Source: SHRM Harassment-Free Workplace Series: A Focus on Sexual Harassment, January, 2018
While Organizations Renew their Focus on Sexual
Harassment Prevention, Employees are Still
Unfamiliar with Workplace Policies
Sexual Harassment
Prevention Policies
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HR Issues in the States
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▪ Ensures the voice of HR is heard by
policy decision-makers via a “local
network”
▪ Helps inform legislators of policy
impacts upon employers and
employees in her/his district
▪ SHRM members are constituents who
develop credible and influential
relationships with elected officials
10,500+ Active A-Team Members
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Member Advocacy
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Through
advocacy.shrm.org:
▪ Immediately take action
on alerts
▪ Easily connect to your
Members of Congress
▪ Sign up for the SHRM
A-Team
▪ Quickly submit
lawmaker engagement
feedback online
▪ Stay up-to-date on
legislative and agency
proposals impacting
the workplace - and
more!
© 2019 SHRM. All Rights Reserved
© 2019 SHRM. All Rights Reserved
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+1-703-535-6268 Direct
Contact Information
Bob Carragher, Vice President, State Strategy & Engagement
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