Lyons HCM HR Compliance Series

Did you know that SHRM-CP and SHRM-SCP holders must earn 60 professional development credits (PDCs) within a 3-year re-certification period or retake the certification exam? Lyons HCM is recognized by SHRM to offer SHRM-CP® or SHRM-SCP® professional development credits (PDCs).

Lyons HCM is offering a series of six human resources recertification workshops. Each workshop, worth 2.5 PCDs, is introduced by a regional employment attorney who provides insight on recent case law and pending decisions. Lyons Companies Director of Human Capital Management, Diane Campanile, SHRM-SCP presents re-certification content, reviews compliance requirements, and offers best practice recommendations.

Plan to join our experts the second Thursday of each month: 

    Workshop 1:The Employee Handbook
    Thursday, September 13, 9 am to noon
    2.5 PDCs for SHRM-CP or SHRM-SCP

    Workshop 2: Job Analysis, Job Descriptions and Positions
    Thursday, October 11, 9 am to noon
    2.5 PDCs for SHRM-CP or SHRM-SCP

    Workshop 3: Hiring Practices and New Hire Orientation
    Thursday, November 8, 9 am to noon
    2.5 PDCs for SHRM-CP or SHRM-SCP

   Workshop 4: Performance Management Planning
    Thursday, January 10, 9 am to noon
    2.5 PDCs for SHRM-CP or SHRM-SCP

    Workshop 5: Employment Termination and Record Keeping
    Thursday, February 14, 9 am to noon
    2.5 PDCs for SHRM-CP or SHRM-SCP

    Workshop 6: Managing Sick Time and Leaves of Absence
    Thursday, March 14, 9 am to noon
    2.5 PDCs for SHRM-CP or SHRM-SCP

Location: Lyons Companies Wilmington office or via webinar 

Who should attend: Mid-level human resources professionals. 

There is no cost to attend; but registration is required.

Click below to register to attend individual workshops or the entire series:

SLS Hotel to Pay $2.5 Million to Settle EEOC Race, Color, National Origin Lawsuit

The U.S. Equal Opportunity Commission (EEOC) announced on July 30th that the SLS Hotel in Miami will pay $2.5 million and provide training and other equitable relief to settle the discrimination lawsuit brought by the EEOC. 

According to the lawsuit, the black Haitian dishwashers were wrongfully terminated on the basis of their race, color, and national origin. The $2.5 million settlement amount will be awarded to 17 black Haitian dishwashers.

Click here to read the full story.

Sixth Circuit Holds Full-Time Presence at Work not Essential Simply Because an Employer Says So

On July 17, 2018, the U.S. Court of Appeals for the Sixth Circuit reminded employers that determining the essential functions of a position is a highly fact-specific endeavor in which categorical rules do not apply.

This case is a great reminder to employers that the realities of the position will control over the words contained in a job description. 

Click here to read the full article.

Call To Action for PA Employers: Wolf Administration Proposes Overtime Eligibility Changes

Please note: the public comment period has been extended 30 days to Aug 22. The PA Chamber coordinated a coalition letter requesting an extension and we appreciate the PA Department of Labor & Industry and Independent Regulatory Review Commission accommodating this request.

Employers have the opportunity to provide comment on new rules regarding overtime eligibility standards.  The Governor’s proposed changes are similar to a proposal put forth by former President Obama in 2015 which was widely opposed by the employer community and ultimately struck down by a federal court.

In January 2018, the Wolf administration announced its intent to implement changes to the Commonwealth’s overtime eligibility rules for employees.  The proposal, released this week, would dramatically change overtime eligibility rules imposed on Pennsylvania employers by requiring a wage threshold for “exempt status”  that is more than double the current rate set by the federal government.  The proposed changes further include significant revisions to the so-called “duties tests,” which are also used to determine eligibility.  Finally, the rule establishes an automatic update to the salary threshold every three years beginning in 2023.

When President Obama proposed this rule in 2015, the response from employers was swift and deeply negative, particularly among small businesses, nonprofit organizations, higher education institutions and the health service industry, among others. Employers not only described significant increases to the cost of providing services or doing businesses, but also the reality that this dramatic change would damage workplace culture and morale, as employers would be forced to shift employees from earning a salary to being paid by the hour. This transition typically requires employees to start clocking in and out, along with more burdensome record-keeping, less flexibility, a rigid work schedule and fewer training opportunities and benefits.

Governor’s Wolf’s proposal has prompted the same concerns; and since it would only apply to Pennsylvania, it would further harm the Commonwealth’s competitiveness in relation to other states.

Employer Mandate Penalty Collection Efforts

The IRS began assessing §4980H (Employer Mandate) penalties late in 2017 by sending Letter 226Js. Letters are being received by applicable large employers who appear to owe a penalty based on the self-reporting submitted via a Form 1094-C and 1095-Cs for the 2015 calendar year, the first year that §4980H went into effect.

Rather than sending out all Letter 226Js at once, the IRS seems to be sending them out in batches; some employers have just received their letter in the last couple of weeks. In other words, just because an employer has not yet received a letter, that does not necessarily mean it’s not still on its way.

In addition, once the IRS finishes collection efforts for 2015, it is likely to begin the collection process for 2016, and 2017, and beyond.

To read more, click here.

Independent Contractors - Benefit Compliance Considerations

Employers enter into a variety of different staffing arrangements for things such as handling special projects, meeting varying capacity needs, and filling temporary employment gaps. When entering into such arrangements, it's important for employers to properly categorize such individuals as independent contractors or employees and then to ensure that benefits are handled accordingly. Determining employee status is critical for several purposes beyond that of handling benefits, but this issue brief focuses specifically on benefit considerations.

 Read the full alert here.