December 2016 - MVHRA Connections
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.
Check out these exciting Human Resources job opportunities:
WELCOME NEW MEMBERS
Please join us in welcoming:
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:
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.
THIS MONTH’S ARTICLES
Member Spotlight – Stephanie Yenn, HORAN
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:
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.
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.
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:
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 firstname.lastname@example.org.
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.
January 2017 MVHRA Luncheon
Kenneth P. Johnson, CEO; Cultivisor, LTD., will present “Building a Better Appraisal Program”
Tuesday, December 13, 2016
11:15 AM to 1:00 PM
Sinclair Community College