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employers back latest health care bills
eleven health care bills that tweak the affordable care act (aca) and expand access to health savings accounts (hsas) passed the house ways and means committee last week. the measures received unanimous or near-unanimous support from the committee's 24 republicans, with varying or no support from the committee's 16 democrats.to become law, the measures must be voted on and passed by the full u.s. house of representatives and senate before congress adjourns in december, then sent to president donald trump for his expected signature. if not enacted, these proposals are likely to be reintroduce in the next congress. the house was expected to vote on some of the bills before the end of july.some of the measures that expand qualified expenses under consumer-directed health accounts and a delay of the aca's cadillac tax enjoy the support of employer groups.`shrm applauds the house ways and means committee for its consideration and passage of several health care bills relating to consumer-directed health plans, the aca cadillac tax and a moratorium of the employer mandate penalty,` said chatrane birbal, the society for human resource management's (shrm's) director of congressional affairs, health and employee benefits policy. `these proposed changes will provide employers with greater flexibility to design benefit offerings to meet the needs of their employees and their families [and] … retain and recruit talent.`the ways and means committee summarized the bills as ...
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mcdonald’s considers appealing rejected settlement
​mcdonald's is weighing its options. a national labor relations board (nlrb) administrative law judge on july 17 rejected the fast-food chain's settlement of claims that it retaliated against and fired franchise employees who participated in protests for $15 wages and union rights. mcdonald's disputed that it was a joint employer of the workers—a question complicated by a seesawing nlrb standard for who constitutes a joint employer.we've rounded up shrm online resources and articles from other trusted media outlets on this development in the news.appeal is 'likely'the judge said that the company purposefully delayed the case until the nlrb was controlled by republicans sympathetic to business interests. she found that the settlement `failed to properly remedy mcdonald's role in retaliating against workers for seeking union representation,` said rep. bobby scott, d-va., ranking member of the house committee on education and the workforce. but matthew haller, senior vice president for government relations at the international franchise association, said the case is a threat to the franchise business model. he predicted that appeal to the full nlrb is likely. the company has announced that it's considering an appeal.(bloomberg)settlement called fairin a statement, mcdonald's defended the settlement, calling the ruling a disappointment. `the nlrb general counsel, mcdonald's usa and various franchisees negotiated a settlement agreement that is fair, reasonable a...
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revocation of ‘persuader rule’ may aid union avoidance
​the department of labor's (dol's) july 17 rescission of the so-called persuader rule solidifies lawyers' and consultants' right to advise employers on labor relations and train managers on what to say to educate employees about how employers stand on unionization. the dol reporting requirements of employers who hire consultants to discourage unionization are now as they existed before the obama administration issued the persuader rule in 2016.we've rounded up shrm online resources and articles from other trusted media outlets on this development in the news.attorney-client privilege defendedthe labor-management reporting and disclosure act mandates that employers report to the dol details, including fees paid to consultants, about activities to persuade workers to not unionize. while the law exempts advice from the reporting requirements, the obama administration's persuader rule defined this exemption narrowly, leaving some concerned that the attorney-client privilege might be compromised. the persuader rule's potential chilling effect on the attorney-client relationship was a major reason for its rescission.(bloomberg)reporting requirements easednathan mehrens, the dol office of policy's deputy assistant secretary, explained the motivation for the rescission this way: `for decades, the department enforced an easy-to-understand regulation. personal interactions with employees done by employers' consultants triggered reporting obligations but advice between a c...
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how to measure and manage the unseen
​this is the second in a two-part series of excerpts from the newly published third edition of paul falcone's best-selling book, 96 great interview questions to ask before you hire (amacom/harpercollins, 2018).with better and faster technology, remote employment is on the rise, bringing with it greater flexibility in corporate hiring practices and workers' career management goals. it also requires a different set of interviewing skills to find the candidates most likely to succeed in the role. like its counterpart article that focuses on hiring freelancers and independent contractors, this piece is intended to be a starting point to help you formulate ideas for interviewing and hiring people who won't be working in the same office, building or even state as you do. the goal is to save you time and help identify workers' key attributes so that you can hire more effectively across this broad spectrum of workers.    when hiring for a remote role, having a list of ideal candidate's skills, knowledge and experience isn't enough. the general nature of working with a distributed workforce makes hiring and managing more complex and requires different sets of leadership skills and worker attributes. it is critical to arm yourself with sets of questions that best ferret out individuals who can thrive in this unique working relationship. `these dispersed employees may work in different cities, states, countries, and time zones, and all rely heavily on technology to communic...
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shrm joins white house in pledging to train u.s. workers
the society for human resource management (shrm) has joined a white house national initiative to expand workforce training by committing to educate and prepare more than 127,000 hr professionals through the shrm-cp and shrm-scp certification programs over the next five years.shrm president and chief executive officer johnny c. taylor, jr., shrm-scp, signed the new pledge to the american worker today on behalf of shrm and its members.`business succeeds when its people succeed,` he said. `that means people joining the workforce must be prepared for work and have opportunities to advance their skills as work evolves and their careers progress. with hr playing the critical role of leading industry's recruiting and retention efforts, shrm enthusiastically pledges its support for an investment in lifelong education and workforce training.`president donald trump is asking u.s. companies and trade associations to give students and workers more job training and skills development opportunities as automation changes the workplace. he signed an executive order today to bolster vocational training through apprenticeships, continuing education, work-based learning, on-the-job training and re-skilling opportunities. the white house said it expected the initiative to lead to 4 million new career opportunities for students and workers. in addition to shrm, executives with fedex, home depot, lockheed martin, raytheon, northrop grumman, associated builders and contractors, the a...
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workers demand companies end business with immigration agencies
​technology workers from some of the most well-known companies in the united states have been pressuring their leadership to stop working with the federal government's immigration enforcement agencies. the workers say the agencies are carrying out immoral policies contrary to the companies' missions.more than 600 salesforce employees signed a petition last month asking ceo marc benioff to end the company's software contract with u.s. customs and border protection (cbp) due to its role in the treatment of migrant families at the u.s.-mexico border.benioff responded that since the company's business with cbp does not deal directly with activities at the border, it will not drop the contract.(npr)tech workers driving changethe salesforce protest is part of a growing movement among tech workers. programmers at microsoft have threatened to quit rather than build software for immigration and customs enforcement (ice) and employees at amazon are seeking to discontinue partnerships with companies that work with ice.(the washington post)not just techglobal management consultancy mckinsey & company stopped working for ice after employees at the firm discovered it consulted for the agency. mckinsey announced that it `will not, under any circumstances, engage in any work, anywhere in the world, that advances or assists policies that are at odds with our values.`(the new york times)immigration policies hamper hiringthe trump administration's policies on immigration have also frus...
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eeoc not liable for retailer's attorney fees
​the equal employment opportunity commission (eeoc) was not liable for the attorney fees of nationwide retailer cvs that it unsuccessfully sued for allegedly unclear severance agreements, the 7th u.s. circuit court of appeals held.the eeoc filed a lawsuit against cvs pharmacy inc. alleging that the company was using a severance agreement that chilled its employees' exercise of their rights under title vii of the civil rights act of 1964. the company's severance agreement came to the attention of the eeoc in 2011 after a former store manager filed a charge with the commission. the former employee had accepted a severance agreement that included a broad release of claims and a covenant not to sue but that carved out exceptions for `rights that employee cannot lawfully waive` and for participation `in a proceeding with any appropriate federal, state or local government agency enforcing discrimination laws.`the eeoc argued that the agreement's broad release and obscure exceptions could deter former employees from cooperating with the commission or otherwise exercising their retained rights. after an investigation, the eeoc filed suit in 2014 against cvs. it contended that the company's use of the severance agreement constituted a pattern or practice of resistance to the rights protected by title vii, in violation of section 707(a) of the statute. the district court rejected this claim on summary judgment, and the court of appeals affirmed. after that decision, the...
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employers back latest health care bills
eleven health care bills that tweak the affordable care act (aca) and expand access to health savings accounts (hsas) passed the house ways and means committee last week, although their prospects of being voted on and passed by the full u.s. house of representatives and senate before congress adjourns in december were uncertain. if not enacted, these proposals are likely to be reintroduce in the next congress.some of the measures that expand qualified expenses under consumer-directed health accounts and a delay of the aca's cadillac tax enjoy the support of employer groups.`shrm applauds the house ways and means committee for its consideration and passage of several health care bills relating to consumer-directed health plans, the aca cadillac tax and a moratorium of the employer mandate penalty,` said chatrane birbal, the society for human resource management's (shrm's) director of congressional affairs, health and employee benefits policy. `these proposed changes will provide employers with greater flexibility to design benefit offerings to meet the needs of their employees and their families [and] … retain and recruit talent.`the measures received unanimous or near-unanimous support from the committee's 24 republicans, with varying support from the committee's 16 democrats. the ways and means committee summarized the bills as follows:h.r. 4616, the employer relief act, suspends the aca's employer mandate penalty for health insurance coverage until jan...
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shrm opposes boeing’s micro-bargaining units
​micro-bargaining units persist, despite a national labor relations board (nlrb) decision last december that overturned a standard that made it easier for small units to be established within companies.an nlrb regional director's decision, delivered in may, recognized small units within boeing at a manufacturing facility in north charleston, s.c., a decision that the society for human resource management (shrm) opposed in a july 16 brief. shrm filed the brief with the national association of manufacturers and the hr policy association.the recognition of the micro-bargaining units would present problems with multiple bargaining agreements, the brief states. the regional director wrongly rejected the presumption that the bargaining unit should have been plantwide, and the focus on the micro-bargaining unit workers' specialized training was misplaced, the brief adds. `having multiple bargaining units, like the one approved at boeing's south carolina manufacturing facility, makes it hard for employers to address employee concerns without disrupting business operations,` said shrm's nancy hammer, vice president, regulatory affairs and judicial counsel. nlrb review of the regional director's decision would provide `an important opportunity to make sure board precedent is correctly applied at boeing and in future cases.` [shrm members-only toolkit: complying with u.s. labor relations laws in nonunion settings]recognition of small units questionedthe regional director's d...
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eeoc not liable for cvs’ attorney fees
​the equal employment opportunity commission (eeoc) was not liable for the attorney fees of a nationwide retailer that it unsuccessfully sued for allegedly unclear severance agreements, the 7th u.s. circuit court of appeals held.the eeoc filed a lawsuit against cvs pharmacy inc. alleging that cvs was using a severance agreement that chilled its employees' exercise of their rights under title vii of the civil rightsact of 1964. cvs' severance agreement came to the attention of the eeoc in 2011 after a former store manager filed a charge with the commission. the former employee had accepted a severance agreement that included a broad release of claims and a covenant not to sue but that carved out exceptions for `rights that employee cannot lawfully waive` and for participation `in a proceeding with any appropriate federal, state or local government agency enforcing discrimination laws.` the eeoc argued that the agreement's broad release and obscure exceptions could deter former employees from cooperating with the commission or otherwise exercising their retained rights. after an investigation, the eeoc filed suit in 2014 against cvs. it contended that cvs' use of the severance agreement constituted a pattern or practice of resistance to the rights protected by title vii, in violation of section 707(a) of the statute. the district court rejected this claim on summary judgment, and the court of appeals affirmed. after that decision, the district court awarded cvs $307,9...
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nurse’s anxiety over side effects of vaccine supports ada claim
​a hospital nurse with anxiety and allergies who was terminated after seeking an exception to receiving a vaccine for tetanus, diphtheria and pertussis could state a claim of discrimination under the americans with disabilities act (ada), the 3rd u.s. circuit court of appeals ruled.the plaintiff worked as a registered nurse at mount nittany medical center (mnmc). she had severe anxiety and an inflammatory condition of the esophagus, which limited her ability to perform certain life activities, such as eating, sleeping and engaging in social interactions. despite her impairments, the plaintiff was able to perform her duties as a nurse at mnmc.on april 22, 2015, the plaintiff received a memorandum from mnmc advising her that all clinical employees were required to receive a vaccine for tetanus, diphtheria and pertussis (the `tdap vaccine`). the memorandum set may 15 as the deadline to receive the vaccine and provided a telephone number for employees to call with questions about the vaccine. the plaintiff did not receive the vaccine by the deadline.when mnmc notified the plaintiff that she had missed the deadline, she responded that she had made an appointment with her doctor regarding the vaccine. on june 5, the plaintiff faxed mnmc a note from her doctor, which read `the above-named patient is medically exempt from receiving tdap immunization for medical concerns.` on june 10, mnmc responded to the plaintiff's doctor, enclosing information from the vaccine manufacturer ...
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how community involvement can boost employee engagement
one of the greatest benefits of a community involvement or corporate social responsibility (csr) program is that it allows organizations to engage their employees on a variety of different levels, which ultimately drives overall engagement in your company. as i discuss in my book, a million dollars in change: how to engage your employees, attract top talent, and make the world a better place (wise ink, 2018), this is really important because employee engagement is critical to the health and well-being of your company (read: any company). a highly engaged workforce is a ceo's and hr leader's dream. why? because engaged employees will go the extra mile to ensure that your company keeps winning. these folks want your company to do well because they understand that when the company wins, everyone wins. but unless your employees feel an emotional connection to your company, engagement won't happen.companies that are socially responsible and strong advocates of community involvement have higher levels of engagement than companies that are not actively supporting their communities. research shows that demonstrating social responsibility in the community is a key driver of employee engagement. however, studies have also found that fewer than 10 percent of midsize companies use their community involvement programs to drive employee engagement. there are several reasons for this disconnect. first, many midsize companies do not have dedicated resources to manage and monitor their csr...
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the new frontier of hiring just-in-time and virtual talent
​this is the first in a two-part series of excerpts from the newly published third edition of paul falcone's best-selling book, 96 great interview questions to ask before you hire (amacom/harpercollins, 2018).the so-called `gig economy` is changing the corporate landscape. individuals are performing just-in-time professional services for companies on an as-needed basis, freeing up to portfolio workers and giving employers flexibility. the trend in hiring freelancers and remote workers is growing significantly, and we hope the questions suggested here will help you make stronger selection decisions when evaluating talent for these types of roles. this is intended to be a starting point to help you formulate ideas for interviewing and reference-checking scenarios. the goal is to save you time and help you hire more effectively across this broad spectrum of workers.              according to charles m. vance, professor of management and human resources at loyola marymount university in los angeles, `53 million americans—one in three workers—derive some form of income outside of the traditional 9-5 setting and are considered contingent labor or freelancers. however you define it, freelancing is part of a huge global economic and cultural shift.` whether you see this as helping u.s. businesses or gutting the fabric of american society, this part-time work model and on-demand workforce is a new fact of life and force to be reckoned with.  `depending on the...
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employers back latest health care bills
eleven health care bills that tweak the affordable care act (aca) and expand access to health savings accounts (hsas) passed the house ways and means committee last week, although their prospects of being voted on and passed by the full u.s. house of representatives and senate before congress adjourns in december were uncertain. if not enacted, these proposals are likely to be reintroduce in the next congress.some of the measures that expand qualified expenses under consumer-directed health accounts and a delay of the aca's cadillac tax enjoy the support of employer groups.`shrm applauds the house ways and means committee for its consideration and passage of several health care bills relating to consumer-directed health plans, the aca cadillac tax and a moratorium of the employer mandate penalty,` said chatrane birbal, the society for human resource management's (shrm's) director of congressional affairs, health and employee benefits policy. `these proposed changes will provide employers with greater flexibility to design benefit offerings to meet the needs of their employees and their families [and] … retain and recruit talent.`the measures received unanimous or near-unanimous support from the committee's 24 republicans, with varying support from the committee's 16 democrats. the ways and means committee summarized the bills as follows:h.r. 4616, the employer relief act, suspends the aca's employer mandate penalty for health insurance coverage until jan...
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new policies may discourage employers from hiring foreign nationals
page content​immigration attorneys say that new government policies will have a chilling effect on employers hiring foreign talent.u.s. citizenship and immigration services (uscis) officers have been given expanded discretion to deny visa petitions and benefit requests, as well as broadened latitude to refer foreign nationals—including workers whose petitions or requests have been denied and lawful status has expired—for removal proceedings.the agency issued a policy memo july 13 that makes it easier for adjudicators, beginning sept. 11, to deny an application or petition without first having to issue either a request for evidence (rfe) or notice of intent to deny (noid) when required evidence is not submitted or the evidence fails to establish eligibility. rfes and noids provide employers and foreign nationals an opportunity to correct information, provide more documentation and convince uscis to approve the case before a denial is issued. the memo reverses previous guidance that allowed uscis officers to deny cases only when there was no possibility that the application could be corrected. the new policy is intended to discourage substantially incomplete filings.`for too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners,` said uscis director l. francis cissna in a news statement. cissna added that the agency hoped to discourage `skeletal applications used ...
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termination of assurance pay after fmla leave upheld
​an automotive retailer that guaranteed minimum compensation to a manager after purchasing his prior employer did not violate the family and medical leave act (fmla) when it ended the compensation arrangement shortly after the manager's medical leave, the 6th u.s. circuit court of appeals held.the plaintiff was an employee of o'reilly automotive for 25 years and a store manager for the last 16 of those years. when he began his career, the company was called murray's discount auto stores. it later became csk auto and then o'reilly in 2008, after o'reilly purchased csk. when o'reilly acquired csk, the pay structure changed. csk maintained a salary-based compensation system, whereas o'reilly maintained a commission-based system. under the commission-based system, managers would receive a lower base salary plus a commission tied to their stores' sales.to ease the transition between the two systems, o'reilly put the managers on an assurance pay plan. under this plan, managers were given a base pay figure along with an assurance pay amount, which was designed to keep their income close to what had it had been under the salary system. the plan was temporary. the plaintiff was first given assurance pay in april 2009.on aug. 27, 2010, the plaintiff sprained his ankle and was instructed by his doctors not to go to work. later, he took leave under the fmla from sept. 28, 2010, until dec. 21, 2010. on sept. 24, 2010, before he went on fmla leave, the plaintiff was removed from...
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fmla leave may not preclude unemployment benefits
​an employee taking unpaid leave under the family and medical leave act (fmla) may be deemed unemployed under the texas unemployment compensation act, although the employee's ultimate eligibility to receive benefits for a benefit period hinges on satisfaction of the other requirements specified in the unemployment act, according to the supreme court of texas.wichita county employed an assistant emergency management coordinator who took fmla leave from this position for anxiety and depression from aug. 16, 2011, until nov. 4, 2011. all but three days of the nearly 12-week fmla leave were unpaid. [shrm members-only toolkit: managing family and medical leave]on oct. 2, 2011, while on fmla leave, the plaintiff applied for benefits under the state unemployment act. the county opposed the application, arguing that the plaintiff did not qualify for benefits because she remained a county employee at all relevant times and continued to receive county-paid health insurance premiums during her leave. rejecting this argument, the texas workforce commission determined that the plaintiff was unemployed while on an unpaid leave of absence for a medically verifiable illness and that it could pay her benefits if she met all other requirements.this triggered over six years of administrative and judicial appeals, culminating in the texas supreme court agreeing to review the narrow question of whether the plaintiff met the definition of `unemployed` under the unemployment act. the state hi...
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your career q&a: from nonprofit to commerce
​best-selling author martin yate, a career coach and former hr professional, takes your questions each week about how to further your career in hr. contact him at the e-mail address at the end of this column. i am a recruiter with five years of experience in the education sector. i absolutely love recruiting, but i find that there is just no room for growth at my current organization. i am afraid that having worked only in the education sector does not make me an attractive candidate for corporate recruitment positions. what can i do to land an interview or a callback for corporate hr jobs? recruitment managers in the for-profit sector fear that their colleagues from academia won't work as hard but will have a superior attitude, causing a management problem. these are the big problems you have to overcome. but you have a great strength, too: at educational institutions, there is always intense pressure to do more with less. you have to produce the same results under the same time pressures as a recruiter in the commercial world, but with less to offer. so you develop enhanced questioning and listening skills to find out what applicants really want and then sell the ways your employer can provide it. you know how to make lemonade when all you have is lemons. adjust your sense of self-worthi've noticed that when people downgrade their own abilities, they often have many more attributes than they realize. you are focusing on what you are missing and why you won't make t...
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neutral system that automatically rounded employee time ok in california
an employer's use of a payroll system that automatically rounded employee time up or down to the nearest quarter-hour did not violate california wage and hour law, the california court of appeal ruled.payroll procedures that result in the systematic undercompensating of employees are impermissible, the court said. however, the method used in this case was applied neutrally and provided a net benefit to employees. the fact that some employees lost a small amount of compensation did not make the rounding procedure improper, the court said. a respiratory care technician and a registered nurse brought a class action against a los angeles-area hospital system for failure to pay wages due, among other claims.  both named parties were employed in hourly positions, requiring them to clock in and out, which they did by swiping their id badges at the beginning and end of their shifts. the hospital system's method of calculating employee hours involved rounding up or down to the nearest quarter-hour prior to calculating wages and issuing paychecks, rather than using the employees' exact check-in and check-out times. for example, if employees clocked in between 6:53 and 7:07, they were paid as if they had clocked in at 7:00. if employees clocked in between 7:23 and 7:37, they were paid as if they had clocked in at 7:30.the plaintiffs alleged that use of this system violated california law.[shrm members-only toolkit: complying with california wage payment and hours of work laws]a pay...
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new policies may discourage employers from hiring foreign nationals
​immigration attorneys say that new government policies will have a chilling effect on employers hiring foreign talent.u.s. citizenship and immigration services (uscis) officers have been given expanded discretion to deny visa petitions and benefit requests, as well as broadened latitude to refer foreign nationals—including workers whose petitions or requests have been denied and lawful status has expired—for removal proceedings.the agency issued a policy memo july 13 that makes it easier for adjudicators, beginning sept. 11, to deny an application or petition without first having to issue either a request for evidence (rfe) or notice of intent to deny (noid) when required evidence is not submitted or the evidence fails to establish eligibility. rfes and noids provide employers and foreign nationals an opportunity to correct information, provide more documentation and convince uscis to approve the case before a denial is issued. the memo reverses previous guidance that allowed uscis officers to deny cases only when there was no possibility that the application could be corrected. the new policy is intended to discourage substantially incomplete filings.`for too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners,` said uscis director l. francis cissna in a news statement. cissna added that the agency hoped to discourage `skeletal applications used to game the ...
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u.s. immigration policies are making it harder to fill job openings
​the trump administration's immigration policies and procedures are making it more difficult for u.s.-based employers to fill job openings, according to talent and immigration experts.the government has stepped up its scrutiny of visa applications, resulting in delays and higher costs for hiring foreign workers.`immigration policy has resulted in a shortage of talent,` said sean dowling, a boston-based partner and manager of recruiting strategy firm winterwyman.the unemployment rate has fallen below 4 percent, but more than 6 million jobs were vacant in mid-2018, and many employers trying to fill positions have exhausted sources for u.s. workers.`companies are trying harder to hire u.s. citizens,` said abhijeet narvekar, ceo of the fervid group, a recruiting firm based in houston. often, when recruiters find u.s. citizens with the talent and experience employers need, the workers have already progressed to senior or advisory roles and are hesitant to re-engage in lower-level work, he said. or they have better compensation or opportunities for career advancement.in turning to foreign workers, employers are finding increased paperwork, delays and costs. according to a report from the migration policy institute (mpi) in washington, d.c., the trump administration has initiated several changes in regulations, administrative guidelines and application processing procedures for visas, all designed to curb legal immigration.[shrm members-only online discussion platform: shrm ...
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big apple’s law mandating temporary schedule changes takes effect
enacted this past january, new york city's `temporary schedule change` law becomes effective on july 18. the law provides employees with the right to request two temporary schedule changes per calendar year for personal events, and employers must ensure that they are prepared to respond to their employees' requests for changes in work schedules and understand what types of personal events qualify for leave.   the types of schedule changes that employees can requests include: (a) a limited alteration in employee's scheduled hours; (b) a temporary alteration to the location where an employee is expected to work; (c) using paid time off; (d) permission to work remotely; (e) permission to swap shifts with another employee; and (f) permission to use short-term unpaid leave.the law sets forth the type of personal events that qualify for leave under this law. specifically, employees can request a temporary schedule change if any of the following circumstances arise:the need for a person to provide `care` to a minor child or a person with a disability who is either a family member or a person who resides in the caregiver's household and who relies on the caregiver for medical care or to meet the needs of daily living.the need to attend a legal proceeding or hearing for subsistence benefits to which the employee, a family member, or a person with a disability who is either a family member or a person who resides in the caregiver's household and who relies on the caregiver...
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california's 2018 midyear minimum wage increases
​on july 1, a number of localities in california saw their minimum wages increase. the chart below summarizes locality mid-2018 minimum wage increases, as well as berkeley's impending minimum wage increase, which will occur on oct. 1. note that california employers are prohibited from paying a lesser cash wage payment to tipped employees and offsetting their minimum wage obligations with a tip credit.jurisdictionformer minimum wageminimum wage effective july 1, 2018belmont, ca$11.00$12.50berkeley, ca$13.75$12.00 (youthworks and youth job training programs)$15.00 (effective october 1, 2018)$13.25 (youthworks and youth job training programs)emeryville, ca$14.00 (55 or fewer employees)$15.20 (56 or more employees)$15.00 (55 or fewer employees)$15.69 (56 or more employees)los angeles, ca (city)$10.50 (25 or fewer employees)$12.00 (26 or more employees)$12.00 (25 or fewer employees)$13.25 (26 or more employees)los angeles county, ca(unincorporated)$10.50 (25 or fewer employees)$12.00 (26 or more employees)$12.00 (25 or fewer employees)$13.25 (26 or more employees)malibu, ca$10.50 (25 or fewer employees)$12.00 (26 or more employees)$12.00 (25 or fewer employees)$13.25 (26 or more employees)milpitas, ca$12.00$13.50pasadena, ca$10.50 (25 or fewer employees)$12.00 (26 or more employees)$12.00 (25 or fewer employees)$13.25 (26 or more employees)san francisco, ca$14.00$12.87 (government-supported employees)$15.00$13.27 (government-supported employees)san leand...
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how can hr handle intentional i-9 immigration violations?
hr professionals are sometimes placed in sticky situations when it comes to workplace compliance. now that the federal government has ramped up its immigration-enforcement efforts, it is critical that hr practitioners ensure that their companies are following proper employment-verification procedures. so what can hr do if an employer ignores immigration rules? what happens if workers provide false documents? here's what immigration attorneys told shrm online.president donald trump's administration has promised to quadruple workplace enforcement actions, and in the last six months, immigration officials have made good on that promise, said becki young, an attorney with hammond young immigration law in silver spring, md. enforcement efforts include criminal arrests of undocumented workers and employers who knowingly hire or continue to employ undocumented workers. therefore, hr professionals who are asked to participate in—or urged to ignore—these violations are advised to bring their concerns to management, she said. `if those concerns are not addressed, they should consider whether they love their job so much that they are willing to go to jail for it.`if intentional violations are discovered, hr should engage with the company's general counsel, if there is one, or with a senior executive if there is no general counsel, said mitch wexler, an attorney with fragomen in los angeles and irvine, calif. in addition to jail time, potential consequences of knowingly violat...
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platform-as-a-service helps solve cloud customization challenges
​platform-as-a-service (paas) ranks among the most-unknown but useful technologies in the human resources arena. paas solutions are cloud-hosted environments that include infrastructure but no data or software. one of the chief benefits of paas is its ability to resolve a nagging problem for human resource information systems (hris) leaders: it can extend the functionality of software-as-a-service (saas) solutions that otherwise can't be customized to meet hr's unique needs.paas allows hr functions to develop and run new software applications without having to build or maintain infrastructure usually needed to administer those apps. it also enables hris staff to add new functions to cloud software without conflicting with the frequent software updates delivered by saas vendors. vendors offering paas applications include workday, oracle, sap and cornerstone ondemand.[shrm members-only online discussion platform: shrm connect]one client of consulting firm pricewaterhousecoopers (pwc) used paas to address a unique need that couldn't be met by its existing cloud compensation application, said dan staley, pwc's global hr technology leader. the company had a team-award process through which individuals could nominate others, as well as themselves, for monetary year-end awards. the process required multiple approvers to review or revise nominations before a final sign-off. because that functionality wasn't part of the company's core saas compensation application, paas was u...
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entry-level-experience requirements could be hurting your hiring
​there are more jobs available in the united states than people officially considered unemployed, yet the underemployment rate among recent college graduates—those ages 22-27 who are either unemployed or in jobs that don't require their education and skills—remains at over 40 percent, according to the u.s. department of labor.young adults ages 22-27 without a college degree are even worse off, with an unemployment rate about double of those with degrees.some emerging professionals seeking entry-level jobs are faced with a daunting conundrum—companies are asking new graduates to already have years of experience before they even apply for entry-level jobs, making it more difficult for some young adults to gain a foothold in the labor market.[shrm members-only online discussion platform: shrm connect] `for recent college graduates, nothing is more frustrating than applying for entry-level jobs that require experience,` said brian weed, ceo of avenica, a recruiting firm focused on young professionals just out of school. `unfortunately, employers are limiting their ability to hire a large group of high-performing, entry-level people by setting the barrier of experience too high for many otherwise-qualified candidates. this hiring strategy, which may help simplify the recruiting process by screening out more applicants, is holding back companies that need the best talent at the entry level to stay competitive.`a recent analysis of over 95,000 job postings by job-match...
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7 fast-food chains agree to end no-poaching deals
​seven fast-food restaurant chains, including arby's, carl's jr., mcdonald's and jimmy john's, agreed to stop enforcing no-poaching agreements which critics say prevent workers from switching jobs, locking them into low-paying positions and contribute to wage stagnation.the companies agreed to remove no-poaching clauses from their contracts with franchisees in washington state and to stop enforcing them nationwide. auntie anne's, buffalo wild wings and cinnabon also agreed to drop the clauses, which for example, prevent a worker from one carl's jr. franchise from going to another carl's jr. they do not stop those workers from taking jobs at restaurants run by a different chain.(the new york times)we've rounded up shrm online resources and articles from other trusted media outlets on the news.ags probe fast-food franchisesthe attorneys general from california, massachusetts, new york, seven other states and washington, d.c., sent letters to eight restaurant chains—arby's, burger king, dunkin' donuts, five guys burgers and fries, little caesars, panera bread, popeyes louisiana kitchen and wendy's—requesting information about their franchisee recruitment and hiring practices.according to the attorneys general, the practice is common among franchisees, but most prevalent in the restaurant industry, where 80 percent of fast-food franchisors have no-poach provisions in their franchise agreements.(the new york times)franchisees are protecting their investment...
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paid-leave proposals debated at congressional hearing
​proponents of paid parental leave squared off against advocates for paid family and medical leave at a july 11 hearing before the senate committee on finance.the society for human resource management (shrm) has not yet taken a position on either proposal, noted lisa horn, shrm's vice president, congressional affairs. neither bill would have an impact on the patchwork of state and local sick-leave laws that the shrm-supported workflex in the 21st century act (h.r. 4219) seeks to address. the workflex bill would let employers voluntarily offer employees a plan that includes a federal standard of paid time off and options for flexible work arrangements. this plan, covered by the employee retirement income security act, would pre-empt state and local paid-leave and workflex laws. but it would not affect the state paid family and medical leave laws already in place or soon to be in place in california, massachusetts, new jersey, new york, rhode island, washington state and washington, d.c., she said. `h.r. 4219 would provide both paid leave and flexible work options to all employees of participating employers,` horn stated. `data suggests employees value flexibility just as much as paid leave, and this bill provides both to better assist all employees with their work/life needs.`paid parental leave sen. joni ernst, r-iowa, along with sens. marco rubio, r-fla., and mike lee, r-utah, have been working on the issue of paid parental leave.`the issue of paid leave is incredibl...
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uber chro resigns following whistle-blower complaints
​uber's chief human resource officer, who had overseen a range of steps to improve diversity at the organization, stepped down on july 10, and the reason why is still unclear.liane hornsey wrote in an e-mail to her team, `i know this comes a little out of the blue for some of you, but i have been thinking about this for a while,` bloomberg reports. some media outlets have speculated that whistle-blower complaints prompted her departure, while others report that it was simply a difference in management styles between her and ceo dara khosrowshahi, who was hired after hornsey had joined the company.we've rounded up the latest shrm online resources and news articles from other trusted media outlets on hornsey's departure:departure follows whistle-blower allegationshornsey's departure followed a group of uber whistle-blowers accusing her of dismissing internal allegations of racial discrimination, according to a person who read an e-mail to uber's chief legal officer. uber hired an outside firm to investigate, and uber's chief legal officer then told the anonymous complainants that he didn't intend to disclose the firm's findings. `serious allegations alone, even when they turn out to be unsubstantiated, can damage a person's career and reputation, implicating important due process, privacy and moral concerns,` the chief legal officer wrote. uber declined to comment to shrm on hornsey's resignation.(bloomberg)pay equity was a priority for hornseyin addition to hel...
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2019 salary budgets inch upward ever so slightly
salary-increase budgets for u.s. employers next year are projected to grow by just 0.1 percent above the actual average budget increase for 2018, confirming that wage growth remains surprisingly stagnant despite record low unemployment.u.s. salary budgets are projected to rise by an average of 3.2 percent in 2019, up from an actual year-over-year increase of 3.1 percent for 2018, according to the worldatwork 2018-2019 salary budget survey: top-level results, released on july 10.`expectations for growth in u.s. salary budget increases have been mounting for many months,` said alison avalos, director of research and certification at worldatwork, an association of total rewards professionals. `however, despite significant tax-reform changes and a tight labor market, the one-tenth of a percentage point movement isn't the growth that was anticipated. this year's survey data gives us little reason to think that u.s. organizations intend to significantly invest more dollars into salary increases for 2019.`on a brighter note for workers, 2018 was the first time in four years that the u.s. national salary budget increase average was higher than 3 percent and also the first time over that period when the actual salary increase met the previous year's projection.in the table below, the mean is the mathematical average while the median is the middle value after listing reported budget increase expectations in successive order. outliers, or extreme values on either the high or...
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