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What Obama’s Re-election Means For HR Compliance

Posted by Monaghan, Christian at Tuesday, 11/13/2012 1:51 pm
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Read the full post on the SharedHR blog.

President Obama's re-election victory may bring clarity to human resources professionals in dealing with issues surrounding healthcare reform and the National Labor Relations Board, Equal Employment Opportunity Commission and Americans with Disabilities Act regulations.

In a recent podcast interview, Patricia Trainor, Business & Legal Resources’ (BLR) Senior Managing Editor, Human Resources, described how Obama’s re-election could impact HR and employment issues. Trainor predicts Obama’s administration will likely continue to be open to additional regulations for businesses. In the interview, Trainor looked at how several employment issues will be impacted over the next four years, including the pending ‘right to know’ regulations under the Fair Labor Standards Act (FLSA), affirmative action and Office of Federal Contract Compliance Programs (OFCCP) activity, and the National Labor Relations Board’s (NLRB). Below is a recap of what Trainor had to say according to BLR.

Pending FLSA ‘right to know’ regulation - Employee Classification

The Department of Labor’s (DOL) proposed “right to know” regulations would require employers to provide notice about how pay is computed and perform a classification (exempt vs. non-exempt) analysis for each worker excluded from FLSA coverage. A copy of the analysis would be required to be given to affected employees with a copy provided to the DOL.

Employers would also be required to perform a classification analysis of their exempt employees stating how and why they were classified as exempt. They would have to provide employees with a copy of the analysis and retain a copy in case the DOL’s Wage & Hour Division (WHD) ever requests one.

Trainor states these regulations have been postponed several times, and are currently classified as a long-term agency action, which means no movement on this is expected for at least a year. Under Obama’s administration, the regulation will likely surface in 2013, but it may be amended in response to employer concerns before it is finalized.

Affirmative action and OFCCP activity - Disabled Employees

Proposed regulations would require federal contractors and subcontractors that are subject to affirmative action requirements to set a hiring goal to have at least 7 percent of each job group within their workforce to be comprised of individuals with disabilities...

Read the full post on the SharedHR blog.

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