©SHRM 2014 D D Leading People. Leading Organizations. T-Minus 6 Months and Counting! May 21, 2014 Chatrane Birbal, Senior Advisor, Government Relations Nancy Hammer, Senior Government Affairs Policy Counsel, Government Affairs Kelly Hastings, Senior Advisor, Government Relations

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©SHRM 2014 Source: GovTrack.US

©SHRM 2014 “... Some require Congressional action, and I’m eager to work with all of you. But America does not stand still – and neither will I. So wherever and whenever I can take steps without legislation to expand opportunity for more American families, that’s what I’m going to do.” President Barack Obama – January 2014 State of the Union

©SHRM 2014 Agency developments and Executive Orders will ensure an active 2014:   Proposed Rule to Amend Representation Election Procedures  Proposed 541 Regulation  Executive Order on Pay Discrimination for Federal Contractors  Executive Order on Minimum Wage for Federal Contractors ... Post State of the Union

©SHRM 2014 National Labor Relations Board Proposed Rule to Amend Representation Election Procedures  Rule was reissued by the NLRB in the Federal Register on February 5. The proposed rule is nearly identical to regulations proposed in  The proposal would revise the process for union representation elections, expediting the period of time between the filing of NLRB election petition and the election itself. The regional director could set a pre-election hearing to begin seven days after a hearing notice is served and a post-election hearing 14 days after the tally of ballots.  Provides for the electronic filing and transmission of election petitions.  Employers would be required to turn over private employee information to the NLRB and the petitioning party, including employee telephone numbers and .

©SHRM 2014 SHRM raised the following concerns to the proposed rule in its comments:  Shortened time frame between the filing of an NLRB representation case petition and election;  Failure to establish a record supporting new election rules;  Detrimental changes to the Board election proceedings and;  Changes to voter list rules infringe on employee privacy rights.  We were joined in its comments by 96 SHRM state councils and chapters and over 4,600 individual members submitted their own comments to the NLRB as well.  SHRM member Roger King of Jones Day testified before the NLRB on April 10 on these issues.  SHRM member Steve Browne also testified before the House Education and Workforce committee on the proposed rule in March.

©SHRM 2014 Department of Labor Proposed Rule to Amend 541 Overtime Regulations  President Obama sent a presidential memorandum to the Department of Labor (DOL) on March 13, directing the Agency to “modernize” and “simplify” the Section 541 rules.  Under the FLSA 541 Regulations, an employee qualifies as exempt from overtime if he or she satisfies a “duties test” (under the Executive, Administrative, Professional, Computer and Outside Sales regulations) and the employee is paid on a “Salary Basis.”

©SHRM 2014 Department of Labor Proposed Rule to Amend 541 Overtime Regulations  Although we have not seen a proposal, we understand the changes may include doubling the “Salary Basis” amount from $455 dollars a week ($23,660 annually) to $910 dollars a week ($47,320 annually).  Proposal will also modify the “duties test” making changes to definitions and possibly changing key terms and elements, particularly in the “primary duty” area.  DOL will be holding a series of listening events in the months leading up to the announcement and SHRM anticipates that we will be part of those sessions.

©SHRM 2014 Department of Labor Executive Order on Non-Retaliation for Disclosure of Compensation Information  Announced by the President on April 8, prohibits a federal contractor from discriminating against or discharging an employee or applicant who “has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.”  The executive order directs the DOL to propose regulations to implement these requirements within 160 days.  The order is effective immediately and applies to contract entered into on or after the effective date of the DOL rule.

©SHRM 2014 Department of Labor Executive Order on Non-Retaliation for Disclosure of Compensation Information  Announced by the President on April 8, prohibits a federal contractor from discriminating against or discharging an employee or applicant who “has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.”  The executive order directs the DOL to propose regulations to implement these requirements within 160 days.  The order is effective immediately and applies to contract entered into on or after the effective date of the DOL rule.

©SHRM 2014 Department of Labor Presidential Memorandum on Advancing Pay Equality through Compensation Data Collection  Announced by the President on April 8, it directs the DOL to propose, within 120 days, a rule requiring federal contractors and subcontractors to submit to DOL summary data on the compensation paid to employees, including information by race and sex.  In 2011, SHRM submitted comments to the Office of Federal Contract Compliance Programs (OFCCP) on a similar proposed rule.  SHRM’s comments raised several concerns with the proposal including the need to protect proprietary employer information on compensation systems.

©SHRM 2014 A Roundtable Discussion: Economic Security for Working Women Tuesday, May SHRM Member: Gayle E. Troy, Human Resource Manager, Globe Manufacturing Company, LLC, Pittsfield, NH

©SHRM June 27 JulyNovember 20January 28January 30 February 6 February 25 The Senate passes the Border Security, Economic Opportunity, Immigration Modernization Act (S. 744). House Speaker Boehner will not take up S. 744, but will take a step-by- step approach and address a series of bills. The President agrees to support a step-by- step approach. The President indicates in his SOTU that immigration reform is a top 2014 priority. Republicans immigration reform standards are released in the House. Any final bill will need Democratic support to pass. House Speaker Boehner says immigration reform will be difficult to move forward in House Democrats discuss a discharge petition option. Timeline of Important Immigration Actions in the 113th Congress

©SHRM 2014 The Legal Workforce Act (H.R. 1772) A bill that focuses on employment verification, makes E-Verify mandatory within six months to two years of enactment, preempts state laws, and while it takes steps toward modernizing the current E-Verify system, further changes are needed to combat identity theft in the verification process. (Passed in Committee June 2013)

©SHRM 2014 Ensure Employers have the Tools to Hire Legal Workforce. E-Verify must use state-of- the-art technology, such as knowledge based authentication, to accurately authenticate a new hire’s identity to combat against identity theft.

©SHRM 2014

Possible Windows for Immigration Reform This summer after many Republican primaries are complete Lame Duck (post-election) ? The next Congress ( ) ? The next President (2017 and beyond) ?

©SHRM 2014  Developed to ensure when policy decision-makers (legislators, regulators, etc.) develop workplace policy, the voice of HR is heard via a “local network”  Since MoC’s are most responsive to their constituents, informs legislators of policy impacts upon employers in her / his district  SHRM members best understand / are best suited to communicate how public policy affects employees, employers & the HR profession as a whole  SHRM members are constituents with an interest in policy that will sway legislators and develop credible and influential relationships with elected officials The SHRM A-Team

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©SHRM 2014

Mike Aitken Vice President, Government Affairs Office: Cell: Chatrane Birbal Senior Advisor, Government Relations Office: Cell: Bob Carragher Senior Advisor, State Affairs Office: Cell: Kathleen Coulombe Senior Advisor, Government Relations Office: Cell: Jason Gabhart California State Government Relations Advisor Cell: Nancy Hammer, Esq. Senior Government Affairs Policy Counsel Office: Cell: Kelly Hasting Senior Advisor, Government Relations Office: Cell: Lisa Horn Director, Congressional Affairs Office: Cell: Meredith Nethercutt Senior Associate, Member Advocacy Office: Cell: Council For Global Immigration Lynn Shotwell Executive Director Office: Cell: Rebecca Peters Director & Counsel for Legislative Affairs Office: Cell: Government Affairs Staff Contact