Newsletter Detail

December 2016 - MVHRA Connections

 

 

 DECEMBER 2016


PRESIDENT’S PEN 

Year End Review 

By: LaTonia McCane, SHRM-CP, PHR, GBA 

Thank you for a great year. We are wrapping up 2016 with a flurry of activity.  As you will see, 2016 was a good year for MVHRA. 

We are closing out the year with 250+ members. We are working to add a SHRM student chapter at the University of Dayton.  We hosted our Third Annual Job Shadow Program with Wright State University and there were 30 participants and hosts… A record number. 

We increased our reach into the community through partnerships with the Dayton Business Journal, Dayton Area Chamber of Commerce and Breast Wishes. 

We have made significant changes to the website allowing it to be more user and mobile friendly.  We also created a You Tube account this year and have produced several marketing MVHRA videos.   

We raised over $500 for the SHRM Foundation. We provided a scholarship for a member to attend the WSU HR certification prep course and paid registration for two of our members to attend the Ohio SHRM Conference. 

We offered a past president a Honorary Lifetime Membership and we have 85 individuals who are now either SHRM-CP or SHRM-SCP certified. 

Thank you all for your continued participation as we advance our profession in the Greater Dayton Area.


EMPLOYMENT CORNER 

Check out these exciting Human Resources job opportunities:

  • Recruitment and Retention Coordinator – Alternate Solutions
  • Human Resources Manager – Hobart Services
  • Human Resource Generalist – Sinclair Community College
  • HR Business Partner – Woolpert
  • Learning Consultant – Woolpert

WELCOME NEW MEMBERS 

Please join us in welcoming:

  • Karen Clift, Montgomery County, Personnel/Payroll
  • Holly Gray, Gray America Corp, Director of Human Resources
  • Maegan O’Connor, Wright State University, Student Member
  • Michelle Plunkett, Clark’s RX Pharmacy, Human Resources Specialist
  • Melissa Sawyer, Mechanical Systems of Dayton, Human Resources Generalist

http://www.mvhra.org/images/MVHRABanner4.jpg


Why Join Miami Valley Human Resource Association? 

What is MVHRA? Why join the Association? The number one reason to join the MVHRA is to know that MVHRA provides ongoing opportunities for personal and professional development. But there are many more advantages:

  • Get Connected. There’s no better way to know what’s happening in our profession.
  • Discover Great Resources. MVHRA offers a variety of programs designed for professional maturity.
  • Tap into a Network. MVHRA functions are opportunities to meet other HR professionals, building rapport and discussing issues. You can share ideas, concerns, and experiences.
  • Watch Yourself Grow. By volunteering with MVHRA, you put your skills and hobbies to use for a noble cause—this not only helps you but also the profession.
  • Speak Up. MVHRA can be a way for you to more effectively suggest change within the Association.
  • Witness Improvement. By getting involved in MVHRA, you’ll be part of the solution, helping make positive changes.
  • Be a Role Model. By becoming a MVHRAA member, you’ll be demonstrating to your employer the importance you place on the professional development.
  • Enjoy Substantial Benefits. Individuals and local units can take advantage of a host of benefits from MVHRA membership including reduced rates for monthly meetings, legal services, certification scholarships, free webinars, free job postings, free outplacement services, and more.
  • Watch short video below to learn more about MVHRA and our members.

https://www.youtube.com/watch?v=MDZLOKl-CY8 

For less than 3 cents a day, you can become a MVHRA member, joining 250+ other people who share your interest in the HR profession. Please consider joining our Association by clicking the link below.  If you join/renew by 12/31/16, your name will be put in a drawing for the OH SHRM Conference on September 13-15, 2017.  The theme is Peace, Love and HR. 

http://mvhra.org/my-MVHRA/benefits.cfm


THIS MONTH’S ARTICLES 

Member Spotlight – Stephanie Yenn, HORAN

http://www.mvhra.org/images/newsletter/StephanieYenn.jpg 

Did you know that MVHRA has its 100th anniversary coming up in 2018?  A committee of MVHRA members, including HORAN’s Stephanie Yenn, has begun planning the celebration.  Stephanie is also the focus of this month’s Member Spotlight. 

Stephanie is a licensed insurance agent and account executive with HORAN, a company that provides advice and planning in the areas of employee benefits, wealth management, and life insurance for estate and business planning.  In her role, Stephanie mainly consults with employers to create access to quality, affordable health care for their employees.  The savings realized by the employees can help them build their own long-term wealth and make progress toward lifetime financial goals.  In this regard, Stephanie believes that good health and sustainable wealth create a better quality of life for these people and their families.  However, keeping up with the ever-changing healthcare landscape is no small task. 

Stephanie joined MVHRA because she works directly with HR departments and wanted to get a better understanding of the day-to-day job of HR professionals.  She also wanted to learn how to help and connect HR professionals with resources they need.  Stephanie describes herself as a “connector.”  Not surprisingly, Stephanie’s advice to those new to HR is also to “stay connected”—within the HR profession, and the community in general. 

Of course, Stephanie practices what she preaches.  In addition to her active involvement in MVHRA, she is part of the planning committee for the Dayton Metro Library’s grand opening of its new downtown facility.  A University of Dayton graduate, she is also involved in Clothes That Work, and as a volunteer at both of her children’s schools. 

Outside of work, Stephanie enjoys family hikes, camping, and outdoor sports with her husband and two children (7 and 6).  She also loves to run.  Thus, there is a very clear connection between Stephanie’s personal interests and her passion for her role at HORAN. 

Look for more from Stephanie and the 100th anniversary committee in the months to come.  If you are interested in helping out the committee, feel free to contact Stephanie at StephanieY@horanassoc.com.


“Trump Cards” That May Affect HR 

By Steve Watring, Dunlevey Mahan & Furry 

A certified employment law specialist offers his thoughts on what employers and HR professionals should be watching for from President-elect Trump’s new administration:

Eight years under President Obama brought about numerous changes in the laws affecting human resources.  If you compare these changes to the “expert” predictions that were made at the beginning of the Obama administration, you would find that some changes were made as predicted, some changes that were predicted were never made, and some changes were made that nobody predicted.  With that in mind, what can we expect from President Trump?

Expect the unexpected.  President-elect Trump seems to like to be unpredictable, and if anyone claims they can accurately predict him, they probably are wrong.  President-elect Trump likely is going to continue to play some cards that nobody expects.

The economy likely will trump social issues.  Given his background, President-elect Trump may view most HR issues similar to how many business owners view them—as often taking a backseat to other issues.     Furthermore, with a few exceptions, it is unlikely that employment issues will be at the top of the Trump administration’s agenda unless they also touch on other issues, such as the economy or national security.  Some may find support for this in the relatively low priority that President-elect Trump seemed to give to his pick for Secretary of Labor.  As with the Obama administration, employment issues may end up being addressed more by the new administration’s regulatory agents.

Less may be viewed as more.  Many expect President-elect Trump to make an effort at scaling down regulations as part of his economic agenda.   This will be easier said than done.  But it could be easy to scale down enforcement, even if the regulations are on the books.  Less than a month before the election, a high ranking official in the Obama administration’s Department of Labor said, “Our mission is to champion the rights of workers.”  Many would say that statement is not an accurate description of the DOL’s mission, and that it is reflective of the more aggressive interpretation and enforcement of employment laws under the Obama administration. Under the Trump administration, we may see the DOL and other agencies touting that job creation efforts trump regulatory enforcement.

The baby likely won’t be thrown out with the bathwater. President-elect Trump has taken the position that President Obama has issued “illegal” executive orders.  It remains to be seen exactly which executive orders he will act upon.  While we should expect some of the executive orders to be rescinded immediately, other anticipated changes likely will take weeks, months, or years.  Some may never come to pass.  A card player, President-elect Trump is likely to try to keep what he likes and discard the rest. 

The Democrats likely aren’t ready to fold.  Some declared the Republican Party dead after Watergate.  Some thought the Democratic Party was on life support under President Reagan.  In 2012, a prominent Democrat boldly proclaimed that a Republican would never be elected president again.   While they may be a little short of aces right now, the Democrats are not without power and their eyes are already set on 2020.  Some Congressional Democrats now are calling on President-elect Trump to live up to his campaign promises and align with them on traditional Democratic issues, such as paid maternity leave.    

Republicans may not follow suit.  The peace that seems to have been made between President-elect Trump and the “never-Trump” faction of the Republican Party is uneasy at best.  For now, it seems to be somewhat of an arranged marriage, and it’s hard to say how long the honeymoon will last.

HR issues to watch under the Trump administration:

  • New white-collar salary test.  While the new wage-hour white collar exemption regulations temporarily have been blocked by a court injunction, the Trump administration is going to have to deal with the issue sooner or later.  This may be the first real indication of what to expect from President Trump on employment issues.  While he will be under pressure by small business to discard the new regulations, he won’t want to be perceived as anti-worker.  The best guess is that he probably will delay implementation in some manner, but don’t count on returning to the old salary test.
  • Paid sick leave.  The new “paid sick leave” regulations applicable to federal government contractors and subcontractors are scheduled to take effect January 1.  This has some of the same tensions as the wage-hour regulations, but also will have a downstream impact of increasing the cost of government construction projects.  This one probably won’t survive long-term, but may not be on the radar screen for a while.
  • Paid maternity leave.  Look for some activity here.  President Trump very well may let Congressional Republicans block it as a strategic political move.  It’s a question of whether it is something he really wants to do.  In any event, if anything is passed it may be quite watered down and likely will not be applicable to smaller employers.
  • The ACA may be going away.  It may not happen overnight, but it likely may happen within the next four years.  Some of the popular changes under the ACA, such as dependent insurance through age 26, may survive.  Unfortunately for many employers, this may not have much effect on spiraling group health premiums.  Medical care is unlikely to get cheaper under any Party, and employers, workers, and taxpayers all may find themselves continuing to have to ante up, in one way or another.  However, in the event that President Trump finds some success in creating jobs, many think that getting more people into the workforce could be a way to help spread the cost.
  • A return to sanity at the National Labor Relations Board?  Some pronouncements by the National Labor Relations Board during the Obama administration have sent shockwaves through non-unionized businesses, and have dramatically altered the way non-union employers have to approach everything from employment policies to disciplinary action, especially as it relates to social media.  While we may never swing totally back in the opposite direction, we likely can expect these positions to moderate so that employers may again be safe to implement policies and take actions even though they theoretically might possibly discourage activity protected under the National Labor Relations Act.  Again, the trick for President Trump is going to be how to change the current course of the NLRB, assuming that is his intent, without being portrayed as anti-union and anti-employee.
  • Immigration matters.  This is one area where employers may see more aggressive enforcement. When in doubt, HR professionals may do their business a service by performing a self-audit to make sure that there is an I-9 on file for every worker, and that there are no immigrant workers whose right to work has lapsed based upon the face of the I-9 or supporting documentation on file.  Also, employers should be sure to use the new I-9 form, which includes a recertification section.  Often the burden of correcting this problem seems to be strapped on the backs of employers, and Trump probably will expect employers to at least share that burden.  Down the road, e-verify may become the law of the land.
  • LGBTQ issues.  There is a question on how President Trump will approach LGBTQ issues.  To somewhat surprising cheers from Republican convention attendees, Trump stated in his nomination acceptance that he intended to make the Republican “tent” big enough to welcome the LGBTQ community.  At the same time, President Trump ultimately may label some LGBTQ issues as states’ rights issues, and leave it to the states and the courts to sort it out for a while.  Even so, Republicans may strategically attempt to keep bills addressing such hot button social issues from reaching President Trump’s desk.
  • The Supreme Court.  While the composition of the Supreme Court may end up having more long-term significance than anything else mentioned above, it likely will be a slow change as it relates to employment/HR matters.   With the Court’s current composition, the appointment of 1 or even 2 conservative justices may not be a big game changer on employment issues.  But look for the line to be held on such things as extending current federal employment discrimination laws at least to the LGB community. 

If you disagree…  If you would like the last word, just save this article to send it back to me in 4 years, or 8 years, and you will be able to show me how wrong I was.  Being wrong in this area is the safest prediction of all.


Independent Contractor Misclassification Violates the NLRA 

By: Jeff Mullins and Jessica Lordi, Taft Stettinius & Hollister LLP 

The Office of the General Counsel for the National Labor Relations Board ("NLRB") recently released an Advice Memorandum opining that an employer’s misclassification of employees as independent contractors in and of itself violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”). The Advice Memorandum explained that such misclassification interferes with and restrains the employees' right to engage in protected concerted activity (such as seeking union representation) since independent contractors are not protected by the NLRA. Originally issued on Dec. 18, 2015, the Advice Memorandum recommended that the Regional Director issue a complaint in connection with an unfair labor practice charge against Pacific 9 Transportation, Inc. (21-CA-150875) which challenged the employer’s misclassification of employees as independent contractors. 

The voluntary release of this Memorandum more than nine months after its original issuance is another signal that the NLRB intends to join the ranks of the DOL and the IRS in the agencies’ initiatives to curb employers’ use of independent contractors. In another Advice Memorandum published on March 22, 2016, the General Counsel published a list of “initiatives or policy concerns,” including “[c]ases involving the question of whether the misclassification of employees as independent contractors violates Section8(a)(1).” While the DOL and the IRS aim to extend minimum wage and overtime protections and to collect employment taxes wherever possible, the NLRB aims to extend the protections of the NLRA to as many workers as possible. 

In Pacific 9, the employer explicitly asserted that the independent contractor classifications (which it continued to stand behind notwithstanding the Region’s determination to the contrary) shielded the company from the workers’ ongoing union drive because it claimed the workers were not statutory employees protected by the NLRA. The General Counsel’s determination in Pacific 9—that misclassification unlawfully chills the employees’ Section 7 right to engage in protected concerted activity—appears to turn on the specific facts of that case, where the employer explicitly relied on the misclassification to thwart the union’s organizing campaign. However, the Board could attempt to apply this rationale to any misclassification that has the effect of chilling or curtailing workers’ exercise of Section 7 rights, regardless of whether the employer intends to use the classification as a shield. 

Best Practices

If your company classifies workers as independent contractors, the NLRB’s position that misclassification (even if unintentional) violates the NLRA, and its willingness to scrutinize employment classifications, could have significant implications for your business—even if you have no unionized employees or no current union activity. Given the Obama-NLRB’s record of anti-employer decisions, you can expect that independent contractor classifications will receive strict scrutiny. You are encouraged to analyze the work done by any workers you have classified as independent contractors to be sure that the classification is correct and would withstand scrutiny by any of the government agencies.


Veteran Recruitment 

By: Joanie Krein, Manpower Group Solutions 

In recent years, veteran recruitment efforts have generated buzz in human resources circles. Veterans account for approximately 21 million people in the US. In 2015, there were over 10 million veterans in the workforce.3 Approximately 250,000 service members are discharged annually — a powerful force for combating the nation’s growing talent shortage.4  

Veteran hiring has increased and the unemployment rate for veterans is lower than it was a few years ago. However, a recent survey of veteran candidates by ManpowerGroup Solutions indicates that the biggest career challenge they face is “cultural bias.” Veterans surveyed are 50 percent more likely than the overall American average to identify cultural bias as a significant challenge when making career decisions. 

This important finding is part of a larger research project. To understand how employers can leverage candidate preferences, ManpowerGroup Solutions, the world’s largest Recruitment Process Outsourcing (RPO) provider, surveyed nearly 1,300 job seekers in the United States in October 2015. Part of the Global Candidate Preferences Survey, the questions ranged from job search practices and preferences to motivators for change. Two hundred veterans were included in the survey. A number of important trends emerged suggesting how employers can effectively recruit and retain a diverse workforce that includes veterans.  The full survey can be viewed here: 

CLICK HERE TO VIEW


See Your Article In Our Newsletter! 

MVHRA members, do you have something to submit to the MVHRA Newsletter?  Please send it to Matt Bakota, Newsletter Committee Chair, via email at mjb@dmfdayton.com 

Or maybe you’re interested in preparing an article but aren’t sure where to start?  Give Matt a call at 937-223-6003 for help in getting started.


UPCOMING EVENTS 

January 2017 MVHRA Luncheon 

Kenneth P. Johnson, CEO; Cultivisor, LTD., will present “Building a Better Appraisal Program 

Location:

Tuesday, December 13, 2016

11:15 AM to 1:00 PM

Sinclair Community College
Building 12, Ponitz Conference Center
444 West Third St.
Dayton, Ohio 45402


http://www.mvhra.org/images/newsletter/2016HOLIDAY.jpg

 

Visit Our Sponsors
MVHRA Affiliations