In this talk, Patrick Gillooly, Director of Digital Communication and Social Media at Monster, will...
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As a current member of SHRM, a free class is being offered in your area. Being in the Human Resources field, offering training to employees can be difficult. Whether you're a new trainer or a seasoned veteran, this class may be helpful to you. Please click here to learn more on a 1 day class on "Best Practices in Training Difficult Compliance Subjects".
As you know, the Department of Labor (DOL) has issued dramatic changes to the Fair Labor Standards Act (FLSA) overtime regulations. While SHRM supports an increase to the salary threshold, a 100 percent increase in one year is simply too far and too fast. Therefore, SHRM supports multiple public policy efforts to address the overtime rule in ways that benefit employers and employees. Specifically, SHRM strongly supports recently-introduced legislation, H.R. 5813, the Overtime Reform and Enhancement Act, championed by Rep. Kurt Schrader (D-Oregon). Read SHRM’s support letter.
Advocacy Action Needed
WE NEED YOUR HELP! As HR professionals, you are continuing to lead SHRM’s advocacy effort on the overtime changes. To ensure the HR voice is heard, it is critical that you contact your member of the U.S. House of Representatives and urge him/her to support H.R. 5813, the Overtime Reform and Enhancement Act, and ask congressional leaders to move this meaningful legislation this year.
Specifically, this reasonable legislation would:
Special Note: If you are a constituent of Congressman Schrader (Oregon), or the bill’s current cosponsors: Reps. Jim Cooper (D-Tennessee), Collin Peterson (D-Minnesota), Gwen Graham (D-Florida) or Henry Cuellar (D-Texas), please send an email thanking them for their leadership on this critical workplace policy issue. Help increase support for this bill today! Continue to be an advocacy leader for the profession by visiting SHRM’s call to action to send an email to your members of Congress about this important workplace legislation and ask that they cosponsor the bill.
Want to do More? Meet locally with your members of Congress before Labor Day. Members of the U.S. House of Representatives and Senate are currently visiting their districts and states through Labor Day. HR professionals - specifically SHRM’s A-Team – should take advantage of this opportunity to discuss this critical legislation face-to-face with your lawmaker before Congress returns to Washington in September.
On Twitter? Be sure to follow @SHRMATeam, the #overtimerule hashtag, and the rest of SHRM's Government Affairs team for timely overtime updates.
Questions? Please email all inquiries to ATeam@shrm.org.
Thank you in advance for participating in this critical call to action.
Interested participants may contact Nicole Brown at Nicole@McLaughlinsmoak.com.
FINAL RULE Released: Fair Labor Standards Act
Today, the Department of Labor (DOL) released its final regulations making changes to Part 541 governing overtime exemptions under the Fair Labor Standards Act (FLSA). As you know, SHRM leads the employer coalition, the Partnership to Protect Workplace Opportunity, on the rule and SHRM members have shared their views on numerous occasions with Congress and the Administration through testimony, listening sessions, comments on the regulation, and thousands of letters to policymakers.
While SHRM appreciates the Administration’s attention to some of the concerns relayed by SHRM members, we are disappointed that the final rule includes a significant increase to the salary threshold and automatic increases in the future. These will present considerable challenges to employees and employers. This is why SHRM-supported legislation to block the rule, pending a full economic analysis of the changes to overtime regulations, is still needed. This legislation also contains critical provisions preventing the rule from including automatic updates to the salary threshold.
SHRM is reviewing the final rule and will provide information and resources over the next few days to help you understand the changes and prepare to implement the rule in your workplace.
In the meantime, here are the key elements of the new regulation that you need to know now:
1. Salary Threshold Changed to $913/week ($47,476 per Year)
This threshold doubles the current salary threshold level. While this level is slightly lower than the threshold in the proposed rule, it still encompasses many employees that are currently classified as exempt. SHRM was disappointed that DOL did not offer a more reasonable increase and set the threshold, as it has in the past, at a level designed to encompass those employees that are clearly not engaged in exempt-type work.
2. Automatic Salary Threshold Increases Every 3 Years (Not Annually) to Maintain Level at 40th Percentile in Lowest-Wage Census Region
DOL reduced the frequency of the automatic increases in response to concerns raised by SHRM and others. Instead of annual increases, the threshold will be adjusted every 3 years to maintain the level at the 40th percentile of full-time salaried workers in the lowest-wage Census region. Automatically updating the salary threshold, however, does not allow the government to take into account changing economic conditions, specific impact on certain industries, or regional differences. It also denies the public the ability to have input on the threshold as required by the regulatory process.
3. Duties Test is Unchanged
The absence of a duties test change is a significant win for the thousands of SHRM members who expressed concern in this area. DOL did not make changes to the standard duties test.
4. Effective Date is December 1, 2016.
SHRM advocated for a longer implementation period than the standard 60 days and the final rule provides additional time for employers to prepare. With the rule going into effect on December 1, 2016, HR professionals should review their current workforce immediately to determine which employees are affected, whether to re-classify those employees, and execute a communications strategy. HR should keep in mind the periodic adjustments and set a regular review process.
5. Highly Compensated Employee (HCE) Exemption Is Now $134,004 Per Year
The final rule retains the methodology in the proposed rule setting the threshold at the 90th percentile of full-time salaried workers nationally.
6. Stay Tuned for SHRM Member Resources…
• SHRM Webcast – Understanding DOL's New Overtime Rule. Register Now for the Thursday, May 19, 2 p.m. ET webcast!
• SHRM Special Report for HR – coming soon! Look for an upcoming SHRM summary of the final rule with tips on compliance. Visit SHRM’s Overtime Resource Page for additional resources.
• SHRM’s 2016 Annual Conference -- From the final FLSA overtime regulations to health care to performance management to the latest innovations in HR, you’ll get the practical tools and resources you need to solve your toughest HR challenges.
7. Advocacy in Congress is Even More Important
While the final rule contains some limited improvements, it is critical for Congress to pass the Protecting Workplace Advancement and Opportunity Act (S. 2707 and H.R. 4773), which would nullify this rule and require DOL to perform an economic analysis of how changes to overtime regulations will impact nonprofits, small businesses, and employers in other vulnerable industry sectors before issuing a new rule. Visit SHRM’s call to action to quickly and easily send an email to your members of Congress to ask that they cosponsor this important workplace legislation.
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The controversial 40 percent excise tax on high-cost health plans isn't dead, but it has been delayed. President Barack Obama signed into law the Consolidated Appropriations Act of 2016, which includes a two-year delay of the Affordable Care Act’s "Cadillac Tax" and a one-year reauthorization of the E-Verify program.
Click here to read the full article as well as other legislative items.
In this talk, Patrick Gillooly, Director of Digital Communication and Social Media at Monster, will...
On May, 2016, the US Department of Labor announced the final regulations revising the "white collar" overtime exemptions. The final rule: sets the minimum salary level for exemption at $47,476 ($913/...
The work of Human Resources Professionals involve many legislation. The purpose of legislation is to regulate, authorize or restrict. Therefore, this meeting is designed to...
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