Day 1.5 at #SHRM16 Randomness and Regulations

 

I’m blogging again this year for SHRM at the National show aka #SHRM16. Once again, I’ve spent the entire event networking, which means I’ve only attended one session so far – a labor law overview by Chad Richter from Jackson Lewis.

Chad had lots of questions from the audience about the new overtime rules, and the new Persuader rules.  I’m not going to rehash all that, but if you would like to know about Persuader rule go over to the CUE blog where I have a bunch of  resources that you might find useful.

I also did a technically challenged live podcast on Drive Thru HR with the some of the SHRM people who run the certification program.  I haven’t listened to it, but it should be hilarious, if not very informative.  We’re going to try to do another show today at 3 PM ET on social security and retirement.

Sabrina Baker and I did a little pop-up session on Social Media Strategies for a Shop of One” which was well attended. It was fun, but I found it disconcerting that so many people are still asking “how can I put social media to work?” in my organization.

Here are a couple of tips we gave during the pop-up:

  •  Sabrina suggested picking one platform and mastering it before you try others.
  • Sabrina suggested making use of the tool mandatory for something, because it forces adoption of the tool.
  • I suggested you need to know what your goal is before you start figuring out what too you should.  Social media programs are neither “one size fits all” or ” if you build it, they will come.”  Recruiting on Twitter or Facebook is one tactic in your strategy.
  • My other big tip was to use aggregation to bring useful information to you.

More on this coming in another post.

Q&A with #SHRM16 Speaker Chad Richter

Q&A with #SHRM16 Speaker Chad Richter chad richter

The annual SHRM conference starts in just 6 days. I’m blogging for SHRM again this year.  One of the things they asked us to do is to feature one of the speakers from the conference. Here’s my Q&A profile with speaker Chad Richter, who will covering labor and employee relations developments in his presentation.

Q1. Chad, What’s your background and legal specialty? 

I have always represented management with regard to labor and employment law matters.   I have been practicing in the area of management side labor and employment law since May of 2000, almost 16 years . (i.e. 16 years).  My practice is divided into three main areas: (1) preventive counseling and training; (2) traditional labor law; and (3) workplace litigation.

Q2. What topic are you covering at #SHRM16?

The name of the presentation is “Surveying the New Labor Law Landscape:  A Rocky Road Ahead”   The session will provide an overview of the NLRB’s recent activity and how it affects all companies whether union or non-union.   This session will help attendees: (1) gain an overview of labor law trends and how they affect their organization; (2) Understand how the NLRB’s focus on expanding employee Section 7 rights makes many current business practices risky; and (3) learn practical recommendations to bring back to their organization.

Q3. What keeps you (and your clients) up at night?  

The significant labor law changes that have occurred, the changes likely to occur in the coming months, and the impact on my client’s overall business.   American businesses today are struggling to compete, attract a talented workforce and trying to stay ahead of daunting regulations.   Given the increase in federal and state regulations, the challenges are compounded almost daily for employers in all areas of the country.

Q4. What do you see coming on the labor law front in the next 6-12 months that employers need to be preparing for?

I anticipate the NLRB will continue to scrutinize employer policy language that arguably has a chilling impact on employees’ Section 7 rights under the NLRA.   I also anticipate the NLRB to broaden the impact of joint employment and the composition of the bargaining unit with regard to temporary workers.  In preparation for these changes, we recommend employers review their external relationships to minimize risk of joint employment status and review policies and procedures from a traditional labor law perspective more frequently given the Board’s scrutiny of employer policies.

Q5. What;s the one thing you are going to do in Washington DC that isn’t related to #SHRM16?

One of my favorite restaurants is located in DC down the street from the White House.  It’s called Old Ebbitt Grill and I plan to eat dinner there one of the evenings while I’m in DC.

See you in Washington D.C.!

 

Get Everything You Need at #SHRM16

Get Everything You Need at #SHRM16  persuader

I was talking with a friend the other night about what a challenge it is for HR professionals to stay up-to-date on all the changing rules and regulations that the Obama administration is throwing at us in their final days.

We still haven’t completely figured out ACA, and now we get to deal with even more hot steaming bowls of ….agency alphabet soup.   DOL and the OT rule….NLRB and PCA…. OLMS and the LMRDA. What?

Fortunately, SHRM has you and about 15,000 other HR pros covered in Washington D.C. starting June 18th.  It’s not to late to register and get the scoop on sessions like these:

And don’t forget the Persuader rule. This rule will impact every employer in the US, whether or not you have a union. I won’t be presenting this year, but here’s some bonus info on the new DOL Persuader Rule.

Latest Persuader Rule News

The information below is an important update on enforcement of the Persuader Rule. The information comes from one of our Labor Lawyer Advisory Committee (LLAC) members via the US Chamber of Commerce.  All of this information is provided for your general information and understanding  and should not be construed as legal advice.

OLMS Update on Persuader Rule

The first resource is a link to a YouTube video in which the Office of Labor-Management Standards (OLMS) presents an overview of the Forms LM-10 and LM-20 persuader reporting requirements, pursuant to the persuader final rule published on March 24, 2016. OLMS held the presentation in the Department’s Frances Perkins Building, Cesar Chavez Auditorium, on Thursday, May 26, 2016 from 2-4 p.m. EDT

Chamber of Commerce Update

The final persuader regulation states, “This final rule is effective on April 25, 2016. The rule will be applicableto arrangements and agreements as well as payments (including reimbursed expenses) made on or afterJuly 1, 2016” (emphasis added).  The “effective” versus “applicable” dates are clearly confusing.  As part of the legal challenge to the rule in the Eastern District of Arkansas, DOL filed the attached status report which clearly states that July 1 is the practical effective date:

While the effective date of the Rule is April 25, 2016, the rule is only applicable to arrangements and agreements made on or after July 1, 2016, and to payments made pursuant to arrangements and agreements entered into on or after July 1, 2016. 81 Fed Reg. 15924. The Rule revises the reporting requirements, and related recordkeeping requirements, for certain agreements and arrangements entered into between employers and labor relations consultants or other independent contractors, and payments made pursuant to those agreements and arrangements. The Department will not apply the Rule to arrangements or agreements entered into prior to July 1, 2016, or payments made pursuant to such arrangements or agreements. Consequently, under the Rule no employer, labor relations consultant, or other independent contractor will have to report or keep records on any activities engaged in prior to July 1 that are not presently subject to reporting, or file the new Forms LM-10 or LM-20 (revised pursuant to the Rule) for any purpose prior to July 1.

What’s the takeaway?

Employers may have a window of about 3 weeks to get agreements in place with labor counsel or consultants that then not be reportable under the new OLMS rule, assuming they are pursuant to an open-ended or multi-year agreements that existed before July 1, 2016.  Again, this should not be interpreted as legal advice, and you should check with competent legal counsel before making any final decisions.