CLA Call - State /Chapter Legislative Directors • June 9, 2010

‘’’Crunch Time’ For Congress and SHRM’s Member Advocacy Initiative

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Washington Outlook –Mike Aitken

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The Washington Outlook: An HR Public Policy Update

Labor-Management/Civil Rights Issues

Protecting Older Workers Against Discrimination Act (H.R. 3721 / S.1756)

Introduced by Representative George Miller (D-CA) and Senator Tom Harkin (D-Iowa).

Would overturn – and go beyond – Supreme Court’s June 2009 decision in Gross v. FBL Financial Services

Unlawful employment practice occurs if plaintiff demonstrates that an impermissible factor or authority was a motivating factor for the practice complained of.

Would amend ADEA and all federal discrimination, retaliation, whistleblower statutes.

Subject of House/Senate hearings on May 5/6, respectively.

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Key Human Resources Issues in Washington, 2010

Labor-Management/Civil Rights Issues

The Employment Non-Discrimination Act of 2009 (S.1584 & H.R.3017)

Introduced by Representative Barney Frank (D-MA) and Senators Jeff Merkley (D-OR) and Olympia Snowe (R-ME).

September 23, 2009 hearing in the House Education and Labor Committee.

Prohibits discrimination in employment on the basis of an individual's actual or perceived sexual orientation or gender identity, or the sexual orientation or gender identity of persons with whom the individual associates.

Prohibits an employer from limiting, segregating, or classifying or discriminating in all areas of the employment relationship including: application process, hiring, advancement, firing, compensation, job training, and other terms, conditions, or privileges of appointment.

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Key Human Resources Issues in Washington, 2010

Allows an individual to continue to pursue remedies or relief under state or local laws for discrimination based on sexual orientation or gender identity.

Requires the employer to provide reasonable access to shared dressing or shower facilities that are not inconsistent with the employee’s identified gender.

Allows an employer to maintain and enforce a dress code during work hours for an employee as long as the employer applies the standard based on the identified gender of the employee and it is uniformly applied throughout the employer’s workforce.

Allows for compensatory and punitive damages under the Civil Rights Act of 1964.

The bill would be effective six months after an enactment.

Labor-Management/Civil Rights Issues

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The Washington Outlook: An HR Public Policy Update

Rulemaking on the Horizon Office of Federal Contract Compliance Programs (OFCCP) is

reviewing all rules on hiring military veterans, disabled individuals, and construction industry workers to strengthen affirmative action compliance.

DOL’s regulatory agenda for 2010 indicates that the agency will seek to expand the LMRDA reporting requirements by narrowing what DOL treats as exempt “advice.”

White House initiative, called the “High Road” contracting policy could be announced in the coming weeks.

SEEOC rules on GINA and the ADA Amendments Act expected this year.

Workplace Flexibility/Leave Benefit Issues

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The Washington Outlook: An HR Public Policy Update

Workplace Flexibility/Leave Benefit Issues

Work-Life Balance Act (H.R.4855)

Introduced by in the House by Chair of the House Education and Labor Subcommittee on Workforce Protections by Lynn Woolsey (D-CA).

The legislation would create the Work-Life Balance Award fn the Department of Labor (DOL) for employers that have developed and implemented work-life balance policies.

Work-life balance policies are defined as practices and policies designed to enable employees to achieve a satisfactory work-life balance.

Legislation also would create a board within DOL composed of representatives of the employee and employer groups to create the criteria and determine the recipients of the awards.

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Government Affairs

The Washington Outlook: An HR Public Policy Update

Mike AitkenDirectorGovernment Affairs

mike.aitken@shrm.org

+1-703-535-6027

1800 Duke StreetAlexandria, VA 22314

©SHRM 2009

Overview of SHRM’s Advocacy Effort to

Permanently Renew Section 127 of the U.S. Tax Code

Regarding Employer-Provided Educational Benefits for

Employees –Kathleen Coulombe

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Section 127

Internal Revenue Code Section 127

Employer-Provided Educational Assistance

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Section 127

Section 127

• Allows an employee to exclude from income up to $5,250 per year in assistance provided by their employer for educational courses

• Employers not required to provide assistance under Section 127 if an employer chooses to provide Section 127 assistance,

the benefit must be offered to all employees

• Congress enacted Section 127 in 1978

• Section 127 will expire on January 1, 2010

Employer-Provided Educational Assistance

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Section 127

Compelling Case for Section 127 Extension

• Almost 20 percent of Section 127 recipients are pursuing science, technology, engineering and mathematics (STEM) degrees

• More than 35 percent of all degrees pursued by Section 127 beneficiaries are master’s degrees

• Section 127 benefit use has doubled since 1994

Employer-Provided Educational Assistance

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Update on SHRM’s Member Advocacy Initiative for

2010 –Bob Carragher

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SHRM’s ‘HR Voice’ System

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SHRM’s ‘HR Voice’ System Homepage

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SHRM’s NEW ‘HR Voice’ Action E-List

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SHRM’s Member Advocacy Initiative for 2010

We launched the program at the 2010 Employment Law and Legislative Conference to our State Legislative Directors on March 17.

Program will encourage participation in all 50 states, but will focus our efforts with an initial 10 states in 2010 and a pilot program - California.

Program will be phased-in to all 50 states over a five-year period.

The 10 key target states for 2010 will be dispersed throughout the 5 SHRM regions and include Alabama, Arkansas, Florida, Kansas, Maine, Nebraska, New York, Rhode Island, Washington and Wisconsin.

The major focus of this effort . . .

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©SHRM 2009

Sharing Some Quality Face Time With HR

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Who better to share the HR perspective on an issue than you?

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Member Advocacy Strategy in 2010

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By the end of 2010, identify at least one key contact (‘district captain’) in the congressional districts

throughout the 10 target states and California

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The Initiative will be Branded as the . . .

“SHRM Advocacy Team”

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. . . Or for SHRM’s “A-Team”

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What’s Next?

To do: • Currently developing with the help of 720 Strategies the

components of a toolkit for ‘district captains’ and other advocates.

• Will be reaching out to our current “member advocates” at the 2010 SHRM Annual Meeting during breakfast sessions on June 28 and 29.

• Will be following up with you later this month and you’ll be copied on the invites to the sessions at Annual.

• We’ll begin reaching out to State Legislative Directors in attempting to schedule information/training sessions in state later this summer and in the fall.

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