SLS Consulting, LLC 2017
“What’s the Business
Outlook for 2017?”
Presented by:
Sharon L. Sellers, SHRM-SCP, SPHR, GPHRPresident, SLS Consulting, LLC
(843) 819-5129
“Human Resources Services and Training for
U.S. Employee Management Worldwide”
“Please Insure Your Seatbelts
Are Completely Fastened”
mailto:[email protected]
SLS Consulting, LLC 2017
HR Outlook for 2017
SLS Consulting, LLC 2017
HR Outlook for 2017
• FLSA -Overtime Rules
• Life with Trump:
• NLRB
• EEOC
• ACA
• Immigration Reform
• OSHA
• Trends in the Workplace
• South Carolina Outlook
SLS Consulting, LLC 2017
FLSA:
Fair Labor Standards Act of
1938, Amended 2004
SLS Consulting, LLC 2017
Overtime Rules under FLSA
(2004 version) Exempt – Exempt from overtime
Executive, Administrative, Professional,etc.
OR those that make at least $100,000/yr
Non-exempt – Must be paid overtime Manual Labor
Any employee who makes less than $455/wk, ($23,660/yr)
Some exceptions
Primary Concern of the
Proposed RuleWAGES –
Minimum Wage for the Exemption
From $455/week or $23,660/yr
to $913/week or $47,476/yr*
Regardless of geography
Proposed – Increase each year based on CPI
SLS Consulting, LLC 2017
SLS Consulting, LLC 2017
Slide courtesy of SHRM
So Where Are We Now?
November 22, 2016 – Courts Granted
Emergency Motion for Preliminary
Injunction – STOPPED Proposed Rule
December 1 - Dept of Justice on behalf of
DOL filed appeal
Final briefs for the appeal weren’t due until
Jan 22 (Inauguration- Jan 20)
SLS Consulting, LLC 2017
So Where Are We Now?
If appeal withdrawn, injunction stands.
Change dies. For now, we stick with 2004
version.
If appeal is not withdrawn, it plays through
the courts.
If the Change dies, then there are several
Bills in Congress to amend FLSA more
gradually
SLS Consulting, LLC 2017
So Where Are We Now?
Bills regarding Overtime/Exempt Rules:
Senate: S3464
House: HR5813
Calls for a gradual increase over time
SLS Consulting, LLC 2017
FLSA Marching Orders – What Businesses should do now
Audits showed that many – especially
SMALL businesses - had employees
misclassified.
Only the amount is up for question – the
duties test is still the duties test.
Make sure your employees are in the
correct classification.
SLS Consulting, LLC 2017
Marching Orders
Make sure your PAY PROCESSES are
correct – Pay employees for ALL TIME WORKED if non-exempt
Don’t negotiate COMP TIME for non-exempt private
sector
Monitor (and pay) if employee spends “off duty” time
doing any work (emails, phone calls, text, etc.)
If in doubt, get your positions audited
SLS Consulting, LLC 2017
SLS Consulting, LLC 2017
“Hours Worked” for Overtime
Includes ANY time working for your organization – whether approved or not: Answering business telephone
Checking business emails
Sending or receiving a business phone call on cell
Sending or receiving a business related text message
Coming in early or staying late without permission to finish a project
SLS Consulting, LLC 2017
Life with Trump
What
Else?
SLS Consulting, LLC 2017
Life with Trump
National Labor Relations Board• Quickie Elections
• Board Rulings from Hell
• Social Media
• Joint Employer Status
• Micro-Unions
• Confidentiality
• Handbook Restrictions
SLS Consulting, LLC 2017
Life with Trump
National Labor Relations Board• Richard Griffin, General Council, leaves Nov
2017
• 1 Republican, 2 Democrats, 2 Vacancies
• Philip Miscimarra, Acting Chair
EEOC –
SLS Consulting, LLC 2017
Chair Jenny Yang and ME! Chair Victoria Lipnic
1 Rep, 3 Dems, 1 Vacancy, General Council is Vacant
EEOC – Reporting
Requirements effective 2018
Reporting regarding Gender & Wages
Interesting to see if this stays on track
Change position on sexual orientation and
gender identity?
Position regarding Retaliation?
SLS Consulting, LLC 2017
The PPACA and
The American Health Care Act
SLS Consulting, LLC 2017
The PPACA and
The American Health Care Act
SLS Consulting, LLC 2017
Starting in 2020, PPACA imposed
a 40 percent excise tax on
employers’ plans that cost more
than $10,200 for individuals and
$27,500 for families. As of March 7,
2017, The Ways and Means
Committee’s proposed that the
American HCA would impose the
tax but delay it until 2025.
S 2075 and HR 2050 - bills to repeal the Cadillac Tax
http://www.commonwealthfund.org/publications/issue-briefs/2016/june/cadillac-tax
Life With Trump
What About Immigration Reform and Trade
Reform?
SLS Consulting, LLC 2017
Immigration Reform, Trade Reform and
Foreign Direct Investment (FDI)
SLS Consulting, LLC 2017
“We’ve made other countries rich while the wealth, strength, and
confidence of our country has disappeared over the horizon.
One by one, the factories shuttered and left our shores, with not even a
thought about the millions upon millions of American workers left
behind.
The wealth of our middle class has been ripped from their homes and
then redistributed across the entire world.”
----President Trump’s Inauguration Speech
Immigration Reform, Trade Reform and
Foreign Direct Investment (FDI)
SLS Consulting, LLC 2017
Life with Trump
OSHA
New Rules Effective Dec 1, 2016 -Drug
Testing and Safety Incentives:
No blanket post-accident drug test policy Reasonable suspicion – get supervisors trained
Reasonable procedures for reporting work
related injuries and illnesses
No incentive awards based on # of injuries
over a period of time
SLS Consulting, LLC 2017
Life with Trump
OSHA
No Major Changes to Standards Expected
However, in 2016 Congress passed a bill for
penalties to be adjusted for inflation
SLS Consulting, LLC 2017
Life with Trump
OSHA
Remember – In South Carolina, OSHA is a
State Plan
SLS Consulting, LLC 2017
Across the Country…
States/Local Gov’ts making
changes: Wage Gap Transparency
Parental Leave (CA, NJ)
Predictable Scheduling (San
Francisco, NY City)
Minimum Wage (multiple
states)
Pay Equity (CA, MD, NY)
SLS Consulting, LLC 2017
HR Outlook in South Carolina
SLS Consulting, LLC 2017
HR Outlook in South Carolina
Proposed Bills -
Workplace Fairness Act – adds sexual
orientation and gender identity to existing
nondiscrimination laws
SC Workforce Opportunity and Stability
Act – Equal Employment and Equal Pay,
full wage disclosure for employers, can’t
ask wage history of applicants, repetitive
requirements regarding sharing of wage
info (already in NLRA)SLS Consulting, LLC 2017
HR Outlook in South Carolina
Proposed Bills -
Pregnancy Amendment – reasonable
accommodation for medical issues related
to pregnancy, no adverse action, cannot
require leave, lactation accommodation,
new poster requirement
Band the Box – not ask about criminal
record until after the interview
(H3059/S191,H3062/S192)
SLS Consulting, LLC 2017
HR Outlook in South Carolina
Proposed Bills -
Raise Minimum Wage (H3085/S142)
Put Patient First Act (H3128/S212) –
Medical Marijuana act
Freedom of Employment Contract Act –
Repeals Right to Work (H3029) – REALLY?
SLS Consulting, LLC 2017
General Trends in HR in SC
Unemployment in SC:
Ranked by Worst to Best (Oct. 2016)
#1 Orangeburg 9.3%
#38 (tie) Dorchester 4.2%
Berkeley 4.2%
#46 Charleston (Best) 3.7%
SLS Consulting, LLC 2017
General Trends in HR in SCChange in Employment
Unemployment Low
Record # of Employees ACTIVELY looking for new
employment
Cherry picking (stealing workers) will be the norm
Mature workers coming back into the workforce
Smart employers will try to find ways to lure mature
workers
Benefits – If $ is limited, Stick to insurance, 401k,
Leave – the “nontraditional” benefits don’t attract
and retain if other benefits aren’t present
SLS Consulting, LLC 2017
SLS Consulting, LLC 2017
Thank You!
Presented by:
Sharon L. Sellers, SHRM-SCP, SPHR, GPHRPresident, SLS Consulting, LLC
(843) 819-5129
“Human Resources Services and Training for
U.S. Employee Management Worldwide”
mailto:[email protected]