WASHINGTON DC, HUMAN RESOURCES, AND YOU Presented by Deron Zeppelin, Director Government Affairs
Definition of Politics * "In politics, there are no right answers, only a continuing flow of compromises between groups, resulting in a changing, cloudy and ambiguous series of public decisions, where appetite and ambition compete with knowledge and wisdom." Former Senator Alan Simpson (R-WY)
Role of SHRM Staff * Educate * Motivate * Influence, Influence, Influence
http://shrm.org/government
Employment Legislation Introduced in Congress 2000 1798 1831 1584 1500 1041 1000 500 290 333 391 473 0 99th 99th 100th 100th 101st 101st 102rd 102rd 103rd 103rd 104th 104th 105th 105th 106th 106th Congressional Session
Capitol Hill SENATE HOUSE 100 90 80 250 200 220 210 70 60 50 40 30 20 10 0 50 49 D R 150 100 50 0 R D independents Vacancies 2 3
Top SHRM Issues: 1. FMLA Reform/Prevent Expansion 2. Health Care Reform 3. FLSA Reform 4. Fair Credit Reporting Act (FCRA) 5. Educational Assistance - Section 127 6. Genetic Information in the Workplace
Family and Medical Leave * SHRM starts national FMLA Coalition Visit www.workingforthefuture.org * New Administration * Five Congressional Hearings * SHRM releases 2000 FMLA Survey Intermittent Leave Communication with Health Provider Serious Health Condition * 107th Congress: Look for Expansion
FMLA Clarification Act * Senator Gregg (R-NH) introduces S. 489 to Restore Congressional Intent Serious Health Condition moving target Intermittent Leave Employee Responsible to Request that Leave be designated as FML * Message to Hill S. 489 107th Senate - Ask your Senator to Co-Sponsor S. 489 House - Get Commitment to Co-Sponsor when Introduced
FMLA Expansion Proposals * 106th - 17 Bills sought to expand FMLA To Cover More Employees School Activities Eligibility Requirements * 107th - 5 bills introduced S. 18 and H.R. 265-24 hours of leave for academic activities or literacy training S. 163 and H.R. 1489 - prevent the use of arbitration for employment claims H.R. 1312 - permit leave after death to care for son or daughter * Unemployment Insurance for Paid Leave Need to watch your state
* SENATE Health Care Reform New Majority has a top priority McCain/Kennedy, S. 1052, Bipartisan Patient Protection Act of 2001- Includes liability for employers Frist/Breaux/Jeffords, S. 889, Bipartisan Patients Bill of Rights Supported by President * HOUSE No House bill introduced yet. Rep. Norwood (R-GA) key player * MESSAGE to HILL Quality health care, not more litigation or mandates. Litigation leads to employers dropping coverage, more uninsured.
Health Care * S. 1052 and S. 889 new internal appeals process new external review process new liability for employers Access to OB-GYN and Pediatric Care Access to specialists gag rules require out of network component Emergency care coverage and numerous other mandates
FLSA Reform * Compensatory Time Senator Gregg (R-NH) introduces S. 624, Workplace Flexibility Act Representative Judy Biggert (R-IL) introduces H.R. 1984, Working Families Flexibility Act Voluntary Employer/Employee Program 160 Hours Accrual per year/cash out Allows for bi-weekly work schedules * Bonus/Gainsharing Legislation Allows non-exempt employees to receive non-discretionary bonuses without recalculating their regular rate of pay. Representative Ballenger (R-NC) introduces H.R. 1602, Rewarding Performance in Compensation Act * Minimum Wage
Fair Credit Reporting Act * FTC issues opinion letter: Outside consultants who assist employers in sexual harassment investigations and prepare reports is a consumer reporting agency and must comply with FRCA * SHRM launches coalition to overturn FTC letter * Representatives Sessions (R-TX) and Sheila Jackson-Lee (D-TX) introduce H.R. 1543, Civil Rights and Employee Investigation Clarification Act * Need Co-sponsors
Educational Assistance- Sec. 127 VICTORY!!!!! * Congress Passed H.R. 1836 on May 26 Major tax package that includes, section 127 and Pension reform SHRM Members sent over 6500 messages in 6 days!!!!! Educational Assistance Made Sec. 127 Permanent Includes graduate level education Effective January 2002 * President expected to sign soon
Pension Reform VICTORY!!!! * Congress Passed H.R. 1836 on May 26 Major tax package that includes, section 127 and Pension reform * Includes SHRM members send over 6500 messages in 6 days!!! SHRM Members sent over 6500 messages in 6 days!!!!! Increased limits on 401(k) and IRAs Catch-up provisions for those 50 and older Several other favorable pension provisions
Genetic Information * Senator Tom Daschle (D-SD) - S. 19 and S. 318 * Representative Louise Slaughter (D-NY) - H.R. 602 (167 co-sponsors) Prohibits Employment Discrimination Based on Genetics * Concerns unlimited compensatory and punitive damages broad definition * SHRM starts coalition to help craft balanced legislation
Electronic Monitoring * Notice of Electronic Monitoring Act Legislation introduced during 106th Congress * SHRM launched first HRVoice Legislative Alert 1,100 Communications sent to Capitol Hill by SHRM members!! RESULT: Legislation pulled from legislative calendar and SHRM has a place at the table * 107th - Privacy becoming THE issue Look for re-introduction of legislation
Regulatory Overview * New Administration * Ergonomics Standard Repealed * Current Regulations to watch H1-B Medical Records Privacy Standard Guidance on Affirmative Action 60-2 NLRB Guidance on Beck Posting OSHA recordkeeping rule Blacklisting EEOC tender back rule
ANY QUESTIONS