President’s Letter

 
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Happy April! We are so excited about On the Cutting Edge on April 10th. This is our all-day event and we have a great line up of speakers and sponsors! Please join us.

 

Our Quarterly Community Cause for Q2 will be raising money for the Wounded Warrior Project. We will be having 50/50 drawings at our three meetings in Q2 and then, Suncoast HR will match what is raised. Please help us support this great project.

 

Next, we believe we have so much talent in our chapter that for our May meeting, we will be doing round table discussions. This way we can learn from everyone in the room. Please plan on joining us on May 8th at 8am at Feather Sound Country Club. As always, if we can do anything to support you, our members, please let me know. See you Wednesday!

 
 
 
On the Cutting Edge
… The Journey of an HR Professional

Date: Wednesday, April 10, 2019
Time: 8:00am – 5:00pm (Registration begins at 7:30am)
Where: EpiCenter at St. Petersburg College
            13805 58th Street North

            Clearwater, FL 33760


 
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On the Cutting Edge is Back!!! Take a journey with us as we learn the latest and greatest in Talent Acquisition, Employee Relations, Inclusion & Diversity, Total Rewards, Compliance & Regulations, and Technology all in our full day conference. Our HR executive speakers will share their professional secrets and best practices to keep you on the “cutting edge”.

 

Don’t miss this journey and the chance to earn 6 CEU’s!

 
SPEAKERS:
 
 

Topic – Diversity & Inclusion

Cal Jackson
Director, Diversity & Inclusion
Tech Data

 
 

Topic – Compliance & Regulations

Aleicia Latimer, Esq., SPHR, SHRM-SCP
Global HR Compliance
Johnson & Johnson

 
 

Topic – Total Rewards

Patti Lee
Director Compensation, Benefits & HRIS
Anchor Glass

 
 

Topic – Technology in HR

Susan Marlow
VPHR
GTE Financial

 
 

Topic – Talent Acquisition

Laura Sehres
VP of Talent & Engagement
PSCU

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Legislative Update:
 

 

No Fooling: DOL Announces Joint-Employer Proposal


Submitted:  William Grob, Ogletree Deakins, Suncoast Legislative Director
Author:         James Plunkett, Ogletree Deakins

 

On April 1, 2019, the Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking (NPRM) to amend its existing regulations regarding joint employment under the Fair Labor Standards Act (FLSA). This is no April Fools’ Day joke, as a joint employer is jointly and severally liable with the employer for all wages due to the employee under the FLSA. As expected, the NPRM aims to provide stakeholders with clear, bright line rules regarding the circumstances in which an employer may be deemed a joint employer of another company’s employees. This is the first meaningful proposed revisions to the FLSA’s joint-employer regulation since it was originally promulgated in 1958.

 

The Joint-Employer Saga

Joint employment has been one of the hottest political and policy issues over the last several years, spanning multiple administrations and Congresses. In 2015, the National Labor Relations Board issued its decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, which replaced the “direct and immediate” joint-employer standard under the National Labor Relations Act (NLRA) with an ambiguous test that could find joint-employer status based on indirect or reserved control of employees. This standard was approved by the U.S. Court of Appeals for the District of Columbia Circuit (sort of), but the case was remanded to the Board, which has also proposed its own joint-employer rule.

 

Meanwhile, following the NLRB’s lead, in early 2016 the DOL issued an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The DOL rescinded the AI in June 2017—just weeks after newly-installed Secretary of Labor Alexander Acosta took the helm at the DOL. Throughout this time, Congress has held multiple hearings on the joint=employer issue and the House of Representatives even passed legislation in 2017 to help clarify the matter.

 

Now, with the Board expected to clarify joint-employment status under the NLRA with a final rule sometime this year, the DOL has issued this NPRM because “it would be helpful to clarify the standard for joint employer status in order to give the public more meaningful guidance and proper notice of what the [FLSA joint employer] regulation actually requires.”

 

Four-Factor Test

 

The DOL proposes a four-part balancing test that would assess whether the potential joint employer:

  • hires or fires the employee;
  • supervises and controls the employee’s work schedule or conditions of employment;
  • determines the employee’s rate and method of payment; and
  • maintains the employee’s employment records.

The NPRM makes clear that “[o]nly actions taken with respect to the employee’s terms and conditions of employment, rather than the theoretical ability to do so under a contract, are relevant to joint employer status under the Act.” (Emphasis added.) Further, the proposal also expressly details that certain business models (e.g., franchises), certain business practices (e.g., allowing an employer to operate a facility on premises), and certain business agreements (e.g., requiring vendors to institute sexual harassment policies), do not make a finding of joint-employer status more or less likely. Finally, the proposal also provides illustrative hypotheticals to help explain how the proposed joint-employer regulation would apply to a variety of business scenarios.

 

 

Takeaways for Employers

 

The issuance of the proposal is certainly welcome news for the employer community. However, employers should bear in mind several important aspects of this development:

  • Remember that this is just a proposal. There may be many twists and turns—and legal challenges—before we have a final rule (if at all).
  • This NPRM is limited to joint employment under the FLSA and does not address joint employment under other federal or state statutes.
Comments on the proposal will be due 60 days from its publication in the Federal Register.
 
 
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Total Rewards Management

CERTIFICATION EXAM: T1/GR1*
 
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Attract, Motivate and Retain Employees with an Effective Rewards Program

Learn what is required to formulate a rewards program that has the power to attract, motivate and retain — total rewards. Participants are introduced to the total rewards model and each of its components. Emphasis is given to the five elements of total rewards: compensation, benefits, work-life, perfor- mance and recognition, and development and career opportunities.

  • Gain an understanding of total rewards management

  • Discover the five elements of total rewards

  • Understand the critical role of the main drivers — organizational culture, business strategy and human resources strategy

  • Learn the process of designing a successful total rewards strategy

 
REGISTER TODAY!
 
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October 14 and 15, (Monday and Tuesday)
 
DATE
St. Petersburg, FL, location TBD
 
LOCATION (CITY, STATE)
Suncoast HR Management Association
 
SPONSORED BY
www.worldatwork.org/suncoast-hr
 
TO REGISTER, CONTACT
Contact Will Rives at worldatwork@suncoasthr.org

 

WHO SHOULD ATTEND?

This course is designed for professionals new to human resources, as well as HR generalists or line managers who want a basic overview of the components that can create an effective balance in employee rewards tools.

 

 

WHAT YOU WILL LEARN

■ Introduction to Total Rewards

■ Compensation
■ Benefits
■ Work-Life

■ Performance and Recognition
■ Development and Career Opportunities

■ Total Rewards — Putting It All Together


CREDITS

  • CCP: Required

  • CBP: Required

  • GRP: Required

  • Recertification: 2 course, .5 exam

  • CEUs: 1.5 course, .3 exam

  • CPEs: 16

  • CPT: 12 points

  • PHR/SPHR/GPHR Recertification

    Hours:16 (Traditional Classroom); 14 (Instructor-Led Live Online)

     

 

For more information visit

www.worldatwork.org/education

 

 
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P.O. Box 2111 Pinellas Park, Florida 33780
 
 
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