©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

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The Washington Outlook for HR Public Policy Issues

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111th Congress


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

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111th Congress


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).

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111th Congress


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)

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111th Congress


Tax Compromise – New Provisions

“Making Work Pay” Payroll Tax Credit

Employer-Provided Mass Transit and Parking Benefits

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House of Representatives

House of Representatives Post-election Map

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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


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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”


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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


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Legislation to Watch in the 112th Congress

Health Care Reform

Tax Reform

Immigration Reform

Background Investigations

Labor-Management Relations

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Recent Federal Agency

& Legal Developments

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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.

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• 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).

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• 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.

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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.

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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

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Helpful Tips for State/Chapter Legislative Leaders for Tracking/Advocating on Legislation in Your State

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Take a Moment to Familiarize Yourself with the SHRM Government Affairs Website

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‘Advocacy’ Portion of the SHRM Website

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Online Toolkit for State & Chapter Legislative Directors

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SHRM’s State/Federal Legislative Tracking System

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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

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Restricting the Use of Credit Checks in the Hiring Process

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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 Trained

AL

AR

CA

Volunteers Identified: 185 (120 Districts)States with Advocacy Captain Vacancies: California, Florida, New York, Washington

SHRM Members Trained: 440

RI

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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 –

[email protected] 37

©shrm 2010 government affairs cla conference call – january 19, 2011

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