Greetings GMA SHRM Members –

hough the calendar officially says fall has arrived, the weather for the past week seems to say differently.  I hope you’ve been able to take advantage of the additional summer days we’ve had and spend some more time outside. 

Corporate Partnerships for 2018 are now available but we must take time to thank our current Corporate Partners.  GMA SHRM would not be as successful as an organization without each of our Partners and we sincerely appreciate your support and involvement in the Chapter.  For those who have been a Partner to us in the past, we hope you will continue to be a Partner to us in the coming year.  For those who are interested in becoming a Partner, please contact our Chapter Administration.
 
We had a great September PDS event which focused the first session on starting or enhancing a wellness program, understanding the connection among culture, wellbeing and highly engaged employees and the second session on mental illness in the workplace.  Both events were well received and participants had some great takeways.  You may want to consider adding the 24 hour mental health hotline number, which is 608-280-2600, to your contacts.  You never know when an employee, family member or friend may need help.
 
Our next PDS (and last of 2017!)  is November 14 and is the legal update.  This one is always a big hit – so register early! Topics will be focused on Employment Law and Intermittent leave of absence under state and federal disability law.  Also at our November PDS we will be partnering with Second Harvest and doing a food drive.  Much more information to come, but we look forward to supporting this local organization and giving back to our community.
 
I encourage you to also sign-up and attend our next GMA Revealed, coming up November 2 at Coliseum Bar!  This is a great opportunity to learn more about GMA through an interactive, jeopardy style format.  Whether you’re a new or current member, you’ll walk away knowing more about us and have a networking opportunity as well!
 
Recently, I was at an HR Advice Network Roundtable and talking with others about what a great opportunity these sessions offer for networking.  These are monthly meetings that meet on the east, west and central locations and are opportunities for our members to talk about any topic that is on their mind for that period.  Whether it’s performance reviews, engagement surveys, hiring best practices, holiday party best practices – the opportunity is yours to bring forth your burning topics to other HR colleagues.  If you haven’t attended one lately, or at all, I very much encourage you to take an hour out of your day and attend one in October or November. 
Reach out with any questions – and I look forward to connecting with you soon.


Best Wishes,

Melissa Chadwick
President
GMA SHRM

Click here to view the full GMA SHRM Board of Directors

 

What’s Up Next Regarding the Federal Overtime Rule

Submitted by:  Jeff Palkowski, Director of Government Affairs GMA SHRM and SHRM Advocacy Captain (Wisconsin 1st CD)

As just about every human resources professional is well aware, the salary threshold under the Fair Labor Standards Act (FLSA) was poised to more than double from $23,660/yr to $47,476/yr as of December 1, 2016.  A few days prior to the implementation date, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas issued a preliminary injunction which prevented the change from going into effect, effectively halting the change until further notice.
 
Fast forward to August 31, 2017, when Judge Mazzant issued an order to make his injunction permanent.  While this permanent injunction prevents the original threshold from being implemented, it is likely that U.S. Department of Labor (DOL), under Secretary Alexander Acosta, will potentially propose a new threshold amount, likely lower than the amount previously proposed by the Obama administration DOL and with other possible changes to the original proposal.
 
There is still some activity to watch for over the upcoming weeks and months regarding the overtime rule.  An appeal by the DOL still needs to be resolved in regard to the original November, 2016 injunction.  As the appeal was filed by the DOL under the previous administration, it is likely that this appeal may now be dropped (as the permanent injunction rendered the appeal moot) or more likely, be limited to focus on whether or not the current DOL has the authority to set a new salary threshold level.
 
On July 26, 2017, the DOL published a request for a 60-day comment period (Request for Information-RFI) about the overtime rule as they look to potentially prepare a new proposal.  Submission of written comments were due by September 25, 2017.  We should hear more about the feedback received during this comment period in the weeks to come. 
 
One interesting possibility to watch is for a labor union or a worker advocacy group in support of the original threshold amount to file another lawsuit in response to the original preliminary injunction in an attempt to resurrect the $47,476/yr amount.
Stay tuned for updates throughout the fall as more details emerge about the future of the Federal Overtime Rule.  Your Government Affairs Committee will continue to monitor developments and provide updates in future InTouch Newsletter articles.


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Managing Divisive Politics in the Workplace

Originally published as a SHRM Employment Law article on February 27, 2017
Brian Pedrow and Christopher Cognato 

Prior to the 2016 presidential election, media commentators expected the divisive political atmosphere that had permeated American society to dissipate after the vote. Months into President Donald Trump's administration, that is anything but the case. Instead, the manner in which national politics increasingly encroaches on our personal and workplace relationships appears to have become a new normal.
 
The president's executive order attempting to ban certain refugees and foreign nationals from entering the country is a case in point. The order immediately triggered widespread protests, with opposition demonstrations dominating the news.
 
Some demonstrations involved employees protesting hand-in-hand with their employers. For example, at several tech and media companies, including Google, employees staged walkouts with employer approval and attended rallies where company leaders spoke.
 
Other people protested in defiance of their employers, including several professors at Clemson University, who went on a six-day hunger strike in response to what they perceived as the university's inadequate response to the president's order.
 
Less publicized are the controversies human resource professionals are dealing with day in and day out—a heated break room conversation, an activist distracting co-workers or a manager's social media proclamations. Indeed, a recent study cited by The Washington Post found that, since November, about one-third of workers think their colleagues talk more about politics than about work! What can HR professionals do to foster a cooperative, productive work atmosphere that doesn't squelch individuals' right to have their opinions?
 
Make Cooperation Key
 
Find ways to reaffirm a principle that should already serve as a foundation for your organization's policies: The work environment should be a place of mutual respect where employees feel valued by their employer and peers (notwithstanding the National Labor Relations Board [NLRB] general counsel's dislike of the use of the word "respectful"). Employees should also know that the organization expects that conversations and activities not related to work will not detract from what should be the primary focus—work.
 
An important step in reaffirming these principles may be a message from the organization's leadership, perhaps delivered during an all-hands meeting. That message can reflect the organization's appreciation for workers' active citizenship while reminding them to cooperate with one another and not to allow political discussions to distract them or their peers from fulfilling their job duties. It also is an opportunity to remind them that, regardless of the topic, workplace conversations should not be of an uncooperative nature or discriminatory, provided that employees have the right to engage in protected concerted activity.
 
Importantly, meetings and messages of this type should never aim to influence or control employees' political activity—which is prohibited by some state laws—but should rather reaffirm appropriate workplace behavior and a culture of cooperation without encroaching on employees' rights under the National Labor Relations Act.
 
Some employers may consider a blanket ban on political conversation in the workplace, but be wary of this. Such a ban is difficult to police and may be overbroad. Employees have a right to discuss matters affecting their working conditions, and the lines between abstract political statements and observations about work often will be blurry.
 
Besides refocusing employees on the importance of cooperating with one another, building a culture of respect also can help your company respond to employee activism. If employees have an opinion to share, there is usually no reason not to listen. It may be that your organization is in a position and wishes to take public action. If so, still take care to protect the rights of dissenters within the employee ranks from harassment and retaliation. Further, federal election law and the laws of several states prevent employers from providing substantial resources in support of employees' political activities or from imposing their own views. Therefore, consult with counsel when presented with large-scale activism.
 
And, of course, it is acceptable to disagree with your employees' views, but when you do, make sure you communicate in a manner that demonstrates your respect for their engagement as private citizens.
 
Review and Enforce Applicable Policies
 
Second, review your company's applicable policies and be prepared to enforce them. Federal anti-discrimination law does not prohibit discrimination or harassment on the basis of political affiliation (though some state laws do), but the policies you have in place should help you prevent conflict from occurring and resolve it appropriately if it does.
 
For example, a broad and clear anti-discrimination and anti-retaliation policy will help employees understand what sorts of statements are prohibited in the workplace. In addition, a strong anti-harassment policy should include a clear reporting procedure. The procedure should detail the individual to whom complaints should be directed and be explicit in proscribing retaliation for complaints made in good faith. A description of this procedure and employees' confidence in it should serve as deterrents to conversations turning uncooperative.
 
Just as important is having an up-to-date social media policy. In recent years, the NLRB has taken a keen interest in these policies, along with others affecting employee communications, even those maintained by nonunion employers. The NLRB has made it clear that employers may not control the social media activity of their employees.
 
However, you may educate workers on how their activities may be perceived by others and remind them that your anti-discrimination and harassment policies apply even online. You also may wish to advise supervisors to exercise particular caution in their use of social media. While supervisors should be allowed to use digital platforms outside of the workplace, they must be cautious not to alienate employees with their messages.
 
Address Unique Needs
 
Third, be sure to consider your unique needs and those of your workers. Labor contracts, local laws and nonprofit status can all affect the way your company may respond to various forms of employee activism.
 
Once you have determined a strategy, be sure to communicate with your employees. Showing respect for them by making your policies clear can go a long way toward engendering the cooperative spirit you are asking them to show toward one another.
 
Brian Pedrow and Christopher Cognato are attorneys with Ballard Spahr in Philadelphia. Pedrow is president of the Southeastern Pennsylvania chapter of the Society for Human Resource Management.

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OMB Announces Review and Stay on EEO-1 Wage Reporting Requiremen

Submitted by:  Mary Wilkosz, HR Specialist, Therma-Stor LLC

On August 29^th, 2017 the White House’s Office of Management and Budget (OMB) issued to the EEOC a “review and immediate stay” of the pay data collection requirement of the EEO-1 reporting form.  The OMB notified the EEOC of the stay via memo which is available at: https://www.reginfo.gov/public/jsp/Utilities/Review_and_Stay_Memo_for_EEOC.pdf
 
The EEOC had announced the addition of the pay data collection component of the EEO-1 form back on September 9^th, 2016.  As a result, private employers (including federal contractors and subcontractors) with 100 or more employees were to begin reporting summary pay data as part of their overall EEO-1 reporting beginning in March of 2018.
 
The previously approved EEO-1 form which collects data on race, ethnicity, and gender by occupational category remains in effect.
 

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Compensation & Benefits

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Professional Development

Workforce Readiness & Diversity

 

Welcome New Members!

GMA SHRM welcomes the following members who joined our chapter in August 2017!

Allison	Forer	SHRM-CP	Wisconsin Department of Health Services
Jennifer	Hocker		Wisconsin Department of Health Services
Shannon	Kavorik		Wisconsin Department of Health Services
Rachel	Schaeffer	SHRM-CP, PHR	Wisconsin Department of Health Services
Christy	Christens		Wisconsin Department of Health Services
Katie	Piekarski		Wisconsin Department of Health Services
Jill	Hall		vonBriesen & Roper, s.c.
Wesley	Sparkman		Office for Equity and Inclusion
Trish	Kienitz	SHRM-CP, PHR	Bank of Sun Prairie
Sarah	Wilson	SHRM-CP	UW Colleges & UW Extension

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Movin' Up

Have you started with a new company? Has your organization recently promoted you to a new position? Or do you want to recognize a new person or promotion within your department? If so, we want to hear about it. Send us an e-mail, and we’ll publish your good news in the next HR InTouch!  

 

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In Transition

If you are a member who is in between jobs, or who is currently employed but seeking new positions or career paths, write us a brief description of your skill set, areas of expertise, what you’re looking for, etc. Send us an e-mail. We’ll publish your information in the next HR InTouch.

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HR InTouch Guidelines

Article Writing:

Do you have an interest in writing for the HR InTouch? We have an interest in learning more about your area of expertise!

Why should you volunteer? Top three reasons: 1) to share your knowledge and experiences to educate others; 2) to become more connected in the HR and Dane County communities; and 3) to contribute towards the advancement of GMA SHRM and the HR profession.

The first step is for you to choose a submission option: you can pre-submit an article to GMA SHRM at any time for us to use in any of the upcoming newsletters, you can sign up to write for a particular month, or we can put you on a list of people to contact in future months whenever we need articles.

Article length:

Because the HR InTouch is now in an online format, the size is flexible. The article should be engaging and hold readers’ attention. Include the core information in your article, and we will advise if it is too lengthy.

Solicitation:

GMA SHRM is conscious not to allow solicitation through the articles, in an effort to protect the interests of our partners and members. The nature of the article should be educational (i.e., what are the business advantages of having a product like yours) or informational. Otherwise, if you truly are interested in advertising through the HR InTouch, you can work with our Marketing Committee. As a rule of thumb for article writing, if the submission relates to a for-profit event, or specifically markets your company (vs. your industry), it is an advertisement, and should be purchased. If it is a not-for-profit event that your company is hosting, or an announcement (i.e., a SHRM member recently joined your company), it is an acceptable addition to the HR InTouch content. If you have any questions related to the appropriateness of your submission, please contact us.

If you have questions, or to submit an article, contact GMA SHRM at chapteradmin@gmashrm.org .