MONTHLY PROGRAM & LUNCHEON
BoardOfficers
President
GeannaKincanon,SPHR
PresidentElectKatherineKleeman
VPofProgramsLisaVillalobos,PHR
VPofMembershipLaurenOthold,M.S.
Treasurer
KrystalBroussard,PHR
SecretaryJenniferCabezas
PastPresidentStacyOverby,SPHR
Directors&Chairs
CertificationDirectorDianaDean,SPHR
CollegeRelationsDirector
TamiOverby
DiversityDirectorOPEN
GovernmentAffairsDirectorOPEN
MembershipDirectorOPEN
SHRMFoundationDirectorThomHolt,SPHR
WorkforceReadinessDirector
RethaYouell,SPHR
HospitalityChairWindelanJohnson
HRSWAmbassadorChairCherylYoung,SPHR
NewsletterChairAndreaShirocky
BusinessSemiarChairRussellDempsey
SocialEngagementChair
MelissaGreen
WebsiteChairBobHensz,SPHR
TOPIC: WhenBullyingbecomesHarassmentandCanIGoogleApplicants?
WHEN: Thursday,June6th
TIME: 11:30:Lunch,Networking,&Announcements
12:00Program
WHERE: BrazosValleyCouncilofGovernments
COST: $12/member&firsttimeguest$15/non‐RSVP&non‐members
SPEAKERS:JoeBontke,OutreachManager, EEOCHouston
PROGRAM DETAILS
Please RSVP for the monthly luncheon by mmiiddnniigghhtt Sunday, June 2nd
Joinusforthisspecialtwo‐partprogram…Crossing“TheLine”‐Whenbullyingbecomesharassmentintheworkplace.Employmentlawdoesnotprohibitsimpleteasingoroffhandcomments;however,inordertopreventclaimsofnationalorigindiscrimination,employersneedtotrainstafftoavoidethnicjokes,applydisciplineconsistently,regardlessofnationalorigin,andapplythesamestandardsofhiring,promotion,andperformanceevaluationtoeveryone.CanIGoogleapplicants?&otherconcernsfortheHRManagerTheriskofsocialmediaintheemploymentworldisarelativelynewfadandformofcommunication.WiththepopularityofsocialsiteslikeFacebookandLinkedin,employerscangainaccesstoallsortsofinformationthatwouldnormallybe"offlimits"duringaninterview.Couldthisbecreatingalegalproblemforemployers?InthislivelysessionEEOC'sJoeBontkewillspellouttherisksandoffersomeremedyforthenewriskofsocialnetwork"investigating"whenanapplicanthassome"googleissues".
JoeBontkeistheoutreachmanagerandombudsmanfortheHoustonDistrictofficeofU.S.EqualEmploymentOpportunityCommission.JoehasbeeninthefieldofHumanResources&CivilRightsforthepast27yearsandhasexperienceinemploymentlawandadulteducation.WithaBachelor'sinPhilosophyandaMastersinEducation,hehasbeenaHumanResourcesDirector,aTrainingCoordinatorfortheAmericanDisabilitiesAct(ADA)TechnicalAssistanceCenterforFederalRegionVI,wasappointedasAssistantProfessoratBaylorCollegeofMedicineandrecentlyhasbeennamedChairoftheGovernors’CommitteeforPeoplewithDisabilitiesbyGovernorRickPerry.Usinghisentertainingstyle,Joehaseducatedgroupsthroughoutthecountryandmostrecently,hisworkattheEEOChasenabledhimtoempoweremployersandemployeeswiththeunderstandingtheyneedtoworkeffectivelyattheirjobs.Joe'sphilosophyofeducationis‐that90%isknowingwheretofindtheinformation...whenyouneedit.
BV-SHRM NEWSLETTER CHAPTER NO. 0330 JUNE 2013
SPEAKERS BIO
Share Your Ideas
The Board always welcomes your comments and suggestions. See an interesting article online or have a process that could benefit other members? Share it with your BV-SHRM Chapter.
PRESIDENT’S PIECE Howdy!
ENGAGE.INSPIRE.LEAD.DoyouknowSHRM?TheSocietyforHumanResourceManagement(SHRM)istheworld’slargestassociationdevotedtohumanresourcemanagement.Foundedin1948,SHRMcurrentlyhasmorethan575affiliatedprofessionalchaptersand400studentchaptersandheadquartersisinAlexandria,VA.SHRMhasmorethan260,000xprofessionalandstudentmembersinmorethan140countriesandhasover350staffmembersandmorethan7,000volunteerleaders!
OurChapterisoneofanetworkof575affiliatedSHRMchaptersandservestoprovidelocalnetworkingandprofessionaldevelopmentopportunitiesforourmembers.EachchapterreportstoaStateCouncil;asyourchapterpresident,I’myourrepresentativetotheStateCouncil.Eachstateisgovernedbyastatecouncilwithastatecouncildirector,whoreportsuptoaregionalcouncil.Statecouncilstypicallyholdquarterlymeetingsformemberstodiscussissuesandchallenges,pendinglegislation,theHRprofession,andhowSHRMsupportsthese.StatecouncilsengageinactivitiesthatraisethevisibilityandcredibilityoftheHRprofessionandSHRMinthestate.EachofthefivegeographicregionsintheU.S.hasaregionalcouncil,composedofthestatecouncildirectors.Theregionalcouncilprovidesastructureforstatedirectorsandstatedirectors‐electtoworktogetherwithSHRMstaff.SHRMstafffacilitatessuccessfulpractice‐sharingamongstatecouncilstoachieveSHRM’sstrategicpriorities.Regionalcouncilsprovideguidanceandassistancetostatecouncilsandchapters.OurregionalcouncilistheSouthwestCentralRegionAandiscomprisedofTexas,Louisiana,Oklahoma,Arkansas,andMissouri.
TherearemanybenefitstobeingaSHRMaffiliatedchapterandthereareafewrequirements,too.
Benefits: Two‐waychannelsofcommunicationbetweenSHRMandmembers. Forumsforpersonalandprofessionaldevelopmentofmembers. Opportunitiestodevelopleadership,managerial,public‐speakingand
groupdecision‐makingskills.
Requirements: 25in‐chapterSHRMmembersand51%oftotalchaptermembershipmust
beSHRMmembersby12/31/16 Logospecificrequirements SHAPEreportingandmuchmore!
Thereissomuchtolearn…IencourageyoutovisitSHRMOnlineatwww.shrm.orgtoday!Ifyoushouldeverhaveaquestionorconcern,pleasereachouttoanyoneofus.Wearehere,accountable,andcommitted!Togetherwecanmoveforwardintoabrightandproductivefuture!InFriendship, GeannaC.Kincanon,SPHR2013President
JoinourLeadershipTeamLookingfortheopportunitytocontributetotheHRprofessionandgetadditionalexposuretoourgreatcolleagues?JointheBV‐SHRMleadershipteam!Westillhaveopenpositionsavailablebyappointmentasfollows:•MembershipDirector•DiversityDirector•GovernmentAffairsDirectorIfyouareinterestinginservingforBV‐SHRM,pleasecontactGeannaKincanon.
Please notify Krystal Broussard of any changes to
your contact information.
Visit us and become a Fan of BV-SHRM on
Are you ? BV-SHRM is.
BV-SHRM has created a LinkedIn account and we encourage members to connect with us through this social media.
June13that5:30PM ‐ HRProfessionalSummerSocialhostedbyBV‐SHRMandBV‐ASTDatBoston’sRestaurant.
CommunityofRespect–AUniqueCross‐culturalCommunication
ProfessionalDevelopmentProgram–Adiversitytrainingprogramaimedtoenhancecross‐culturalcommunicationintheworkplace.CommunityofRespectisanaward‐winningprogramthathasbeenrecognizedbytheNationalLeagueofCitiesasaprogramthathashadanotableimpactinthecommunity.Theprogramincludesthreemodelswhereparticipants:identifytheirowncultureandgainanunderstandingofhowtheirculturalvaluesinfluencehowtheyunderstandthebehaviorofothers;learncross‐culturalcommunicationconceptsandterminologythathelpthemunderstandhowtheyandindividualsfromdifferentculturescommunicatedifferently;applyknowledgeandskillstoreal‐lifeencounters.FormoreinformationaboutthisuniqueprogramvisittheBV‐SHRMwebsiteortheprogramwebsiteathttp://bcsrespect.tamu.edu/.
SILVER SHAPE AWARD BV-SHRM has been awarded the Silver Shape Award! SHAPEisanacronymfortheSHRMAffiliateProgramforExcellence.ItisaplanningandreportingtoolthatoutlinestheminimumrequirementsforchaptersandstatecouncilstoremainingoodstandingwithSHRMonanannualbasis.ItalsooutlinesadditionalgoalsandmeasurementsthatmustbemetinorderforchaptersandstatecouncilstoreceiverecognitionfromSHRM.SHAPEconsistsofaplanningworkbook,anonlineyear‐endreportandarecognitionprogram.CongratulationstoourChapterandourBoardOfficersfortheirhardwork!
MARK YOUR CALENDARS
July Luncheon Co-sponsored
with ASTD
Organizational Ethics
Presented by Penny Miller, SPHR, CEBS
“"There are few, if any, jobs in which ability alone is sufficient. Needed, also, are loyalty, sincerity,
enthusiasm and team play."
William B. Given, Jr.
HRCI CERTIFICATION CORNER PHR/SPHR Certification Training Program BV‐SHRM just completed a 13 week PHR/SPHR educational program for several of its members. Our mission was to provide certification preparation and professional development to assist members in achieving their goal of being better prepared for the PHR/SPHR certification exam. Members who participated in the certification training class were offered the opportunity to purchase the SHRM Learning System through BV‐SHRM, at a significantly reduced rate. The classes were taught by BV‐SHRM SPHR certified members, who are SME’s in their field. The eleven members who participated in the program learned through repeated and varied exposure of the SHRM learning material. This group opportunity provided an invaluable exchange of ideas and experiences with their peers. Similar programs can cost hundreds of dollars, but BV‐SHRM offered this exceptional educational experience to its members at little to no cost because of the dedication and commitment of its members; members who have graciously volunteered and donated their time and facility to make this possible. BV‐SHRM would like to thank the following facilitators: Bob Hensz, SPHR, Cheryl Young, SPHR, Stacy Overby, SPHR, Retha Youell, SPHR, Tom Owen, SPHR, Sarah Tabola, SPHR, CEBS, Thom Holt, SPHR, Diana Dean, SPHR, HRCI Certification CLA Director. Thank you to Katherine and Justin Kleemann at Spherion for graciously offering their facility as a meeting location.
Good luck to all our members preparing for their certification exam!
HR SOUTHWEST CORNER This year’s HR Southwest Conference is October 20 – 23 at the Fort Worth Convention Center. Key note speakers include motivational speaker Barbara Corcoran, and Navy SEAL and New York Times bestselling author, Marcus Luttrell. Registration is now open. Visit www.hrsouthwest.com for more information.
DIVERSITY CORNER Juneputsushalfwaythroughtheyear,andbringsthatsummerheatit.Here’swhat’shappeninginJune:
AIDSAwarenessMonth ALSLouGehrig’sDiseaseAwarenessMonth Children’sAwarenessMonth Father'sDayMonth FireworksSafetyMonth StudentSafetyMonth
2013 HRCI Exam Dates
SPRING
PHR/SPHR May 1 - June 30
GPHR May 1 - May 31
WINTER
PHR/SPHR Dec. 1 - Jan. 31
GPHR Dec. 1 - 31
Theirparticulartopicwascenteredonahotelthatwaslookingtoexpand,buthadadilemmainthefactthatduetoahistoryofnepotisminthehiringprocess,theemployeesweredifficulttokeepmotivatedandevenmoredifficulttodiscipline.Therewasalsoaproblemthathadariseninthehotel’srestaurantasithadswitchedfromasimplecafétoaplaceoffinedining,butneglectedtotrainthecurrentstaffinhowahigh‐endrestaurantisrun,causingtensionwhennewhireswerebroughtinthatweretrainedinamoresophisticatedmanner.
Membersoftheteamwere:JeremyGarcia,JasminHodges,StephanieMusgrove,KatherineBrown,SavannahPickens,andMichelleCunningham.OtherstudentattendeeswereCaitlinInman,StephanieGrebel,JeremyTiller,MattMillarandElyssaPanousis.
COLLEGE RELATIONS CORNER TAMUSHRMPlaces4thCongratulationstoourTAMUSHRMStudentChapterwhocompetedinandearned4thplaceintheUndergraduateCaseCompetitionheldattheSouthwestCentralSHRMStudentConferenceheldinAustin,TXonApril19‐20,2013.
WORKFORCE READINESS CORNER BV‐SHRMJobFairReleaseMembersoftheBrazosValleySocietyforHumanResourceManagerspartneredwiththeBryan‐CollegeStationChamberofCommercetoprovideresumereviewforjobseekersattendingtheannualBCSChamberJobFaironTuesday,April16.Over450peopleattendedtheJobFairheldattheHiltonCollegeStationthisyear,andover45areacompanieswerepresent.TheBV‐SHRMmemberswerepositionedattheentranceofthefairtoremindattendeestovisittheirresumereviewboothforachancetochatwithexperiencedHumanResourceprofessionalsandRecruitersabouteverythingfromformattingtheirresumetoensuringthattheirexperienceandcareergoalswerewell‐definedandeasilyunderstoodontheirresume.Dedicatedone‐on‐onetimewasspentwitheveryjobseekerwhoattendedtheBV‐SHRMbooth.“Ihaveattendedmanyjobfairsbeforeandthiswasthefirsttimesomeonetookthetimetocritiqueandcorrectmyresume,aswellasprovidemehelpfulinformationformakingmyresumegettothetopofthestack.Itrulyappreciatetheirtimeandtips,”statedoneattendee.“BV‐SHRMhasparticipatedinthiseventforoverfiveyears,andwelookforwardtomanymore,”BV‐SHRMPresidentGeannaKincanonexclaimed.“Ourmembersenjoygettingtooffertheirknowledgeandexpertisetohelpourfriendsandneighborsinthecommunity.”
According to SHRM’s 2013 Workplace Forecast professionals identified the following as the top four workplace trends for 2013: 1. Continuing high
cost of employee health care coverage in the U.S.
2. Implementation of health care legislation
3. A shortage of skilled workers
4. Large numbers of Baby Boomers leaving the workforce at around the same time
2013 Annual Conference and
Exposition Chicago, IL June 16-19
Keynote Speaker:
Hillary Rodham
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REFER A FRIEND! I would like to refer a friend to BV-SHRM.
Please send information about this organization to:
Name: ____________________________________________________ Address: ____________________________________________________ Phone: ____________________________________________________ Email: ____________________________________________________ Your Name: ____________________________________________________
SHRM FOUNDATION CORNER Thom Holt here with the latest new on SHRM Foundation Scholarships, by latest I mean
straight off the website yesterday. And the key point to the whole program right now is the
July 15 deadline. Please note the there are three categories Professional members, students
and advisors and researchers. Because we are in an academic community there may well be
potential candidates for all three types or scholarships and awards within our HR community.
I know from personal experience that both our chapter and our members have benefited
from SHRM Foundation awards in the past. Please note the deadline for each category.
Professional Awards Certification Scholarships – July 15, 2013 Academic Scholarships – Deadline July 15, 2013 Susan R. Meisinger Fellowship for Graduate Study in HR – Deadline August 19, 2013 HRM Impact Awards – Deadline July 1, 2013 Student Awards SHRM Foundation Student Scholarship Program – Deadline November 1, 2013 Research Awards Michael R. Losey Human Resource Research Award – Deadline July 15, 2013 For more information on these scholarships and awards visit the SHRM website or contact Thom Holt, Foundation Chair.
FactCheck ThepercentageofAmericanswhoreceivehealthinsurancethroughemployersfellsignificantlyoverthepastdecade,from69.7percentin2000to59.5percentin2011,accordingtoanewreport.
Welcome to Legal Briefs for HR, an update on employment issues sent to over 5000 individual HR professionals, in-house counsel and business owners plus HR and legal professional organizations (who have been given permission to republish content via their newsletters and websites), to help them stay in the know about employment issues. Anyone is welcome to join the email group . . . just let me know you’d like to be added to the list and you’re in! Back issues are posted at www.munckwilson.com under Media Center/Legal Briefs and you can also join the group by clicking on “Subscribe.” School is almost out, but your education never ends:
1. Fresh Form – Don’t forget that employers are to begin using the new Form I-9, beginning on May 7. The bulked-up, nine-page form can be found at www.uscis.gov/files/form/i-9.pdf
2. Heads’ Up, Wheeler Dealers – When purchasing corporate assets (as opposed to stock), most buyers take comfort in the belief that they are acquiring the assets and not the liabilities of the seller. This belief comes from state law which may limit buyers’ liability, coupled with express language in the agreement stating that the asset is bought “free and clear of all liabilities” and perhaps even disclaiming specific, known liabilities. Such careful drafting was not enough to avoid successor liability for the seller’s employees’ Fair Labor Standards Act collective action for overtime in Teed v. Thomas & Betts Power Solutions LLC (7th Cir. 3-26-13). The district court found and the appellate court affirmed that where liability is based on violation of a federal statute relating to labor relations or employment, a federal common law standard of successor liability (which is more favorable to plaintiffs than most state-law standards) will apply in most cases. This protects the employees’ claims from being eviscerated by the sale of the business and, presumably, the buyer paid less for a business saddled with an imminent debt to pay.
3. More Fun With the FLSA – The Working Families Flexibility Act of 2013 (H.R. 1406) was filed in Congress on April 9. If passed, the bill would amend the Fair Labor Standards
Act and allow private sector employers to offer nonexempt workers a choice between “comp time” or overtime pay. Comp time accruals would be capped at 160 hours, employers could cash out amounts over 80 hours at any time after giving 30 days’ notice to the employee and unused comp time would be cashed out annually. SHRM sent reps to testify in favor of the bill and a vote in the House is expected in early May. The bill has 168 co-sponsors. Go to http://thomas.loc.gov for full text and to follow the bill’s progress.
4. Board Offers Breathing Room – Many employers remain dumbfounded that the NLRB declared, in Banner Health Systems, that imposition of a blanket confidentiality requirement on employees who are part of a workplace internal investigation may be interference with their section 7 rights. On April 16, 2013, the NLRB’s Division of Advice issued a memorandum that evaluated one such offending policy statement and offered a “fix.” The original policy said “Verso has a compelling interest in protecting the integrity of its investigation. In every investigation, Verso has a strong desire to protect witnesses from harassment, intimidation and retaliation, to keep evidence from being destroyed, to ensure that testimony is not fabricated, and to prevent a cover-up. To assist Verso in achieving these objectives, we must maintain the investigation and our role in it in strict confidence. If we do not maintain such confidentiality, we may be subject to disciplinary action up to and including immediate termination.” Way too broad, said the Division of Advice. The fix is to replace the underlined sentences with the following: “Verso may decide in some circumstances that in order to achieve these objectives, we must maintain the investigation and our role in it in strict confidence. If Verso reasonably imposes such a requirement and we do not maintain such confidentiality, we may be subject to disciplinary action up to and including immediate termination.” See the difference? The first version imposes a “gag order” in every instance. The second version says strict confidence may not be required in every instance and will only be imposed when reasonably necessary. Advice memorandums are not on a par with Board decisions, so this is an argument but not a guarantee that you will prevail if you follow the suggested fix and a charge is filed based on this type of scenario. If you intend to demand strict confidentiality from investigation participants, identify and document the business reason(s) specific to the matter being investigated.
5. Brand Loyalty – An employee of a real estate brokerage, Rapid Realty NYC, gets a tattoo featuring his employer’s logo, to show his loyalty to the firm. Employer decides this is very cool and wants to encourage more, um, advertising by offering a 15% increase on commissions earned for employees who ink the logo on their body. I’m just waiting for the person who claims a severe allergy to ink but will allege an ADA violation if denied the pay raise. Reasonable accommodation is that he/she can just wear the logo on a lapel pin, right? J
6. Recess Appointment Update – In the continuing saga of the pseudo recess appointments to the NLRB, the Board filed a petition on April 25 for the U.S. Supreme Court to hear and (they hope) overturn the D.C. Circuit’s opinion in Noel Canning which found that three of President Obama’s appointments to the Board were unconstitutional. H.R. 1120, which would require the NLRB to stop all activities which require a three-person quorum and prohibit enforcement of any rulings handed down by past invalid panels, passed the House (219-209 vote) and was referred to a Senate committee on April 15. President Obama has re-nominated the Chair, Mark Gaston Pearce, and put up two new nominees, but members Block and Griffin remain in limbo as unconstitutional appointees. Stay tuned!
7. I Fought the Law and the Law Won – Legal and legislative wonks finally have their answer (at least in Colorado) about the apparent tension between some states’ so-called medical marijuana laws and laws which prohibit employers from taking adverse employment action based on an employee’s lawful conduct. The brain teaser became more interesting late last year, when Colorado and Washington enacted state laws legalizing recreational use of marijuana. Inquiring minds wanted to know . . . if the pot use was legal under state law, did that mean an employer could not fire an employee for use of the drug? The first round of cases clearly upheld an employer’s right to impose workplace drug use policies and discharge anyone who was under the influence while at work. The next question became whether the individual could be fired for pot use, if not under the influence while at work? Those are the facts alleged in Coats v. Dish Network LLC (Colo. App. 4-25-13). Brandon Coats, a quadriplegic, claimed he had a license to use medical marijuana and never “used” or was under the influence at work. He tested positive and was discharged for violating the employer’s drug policy. Coats challenged the discharge under Colorado’s “lawful conduct” statute. While he agreed that pot use remains unlawful under federal law, he argued that his conduct was lawful under state law, making the discharge from employment unlawful. The court disagreed saying that the phrase “lawful activity” was not defined within the state statute and should be interpreted to mean lawful under state and federal law, not just state law.
8. Expansion of Title VII and FMLA – Two bills were filed in Congress on April 25 to expand nondiscrimination protection to members of the lesbian and gay community, and to broaden the definition of seriously ill family members who can trigger job-protected FMLA leave. The Employment Non-Discrimination Act (ENDA)(H.R.1755 & S.815), if passed, will prohibit employers of 15 or more employees from failing or refusing to hire, or to discharge or to otherwise discriminate with respect to pay, terms, conditions or privileges of employment because of an individual’s actual or perceived sexual orientation or gender identity; or to limit, segregate or classify employees or applicants because of such actual
LEGAL BRIEFS
MEMBER NEWSLETTER
or perceived sexual orientation or gender identity. Upon filing, the House version had 161 co-sponsors. The Family and Medical Leave Inclusion Act (H.R. 1751), if passed, would modify the list of family members that an employee could take time off to care for, when they have a serious health condition. Currently, eligible employees can take FMLA to care for the employee’s spouse, parent (no in-laws) or child. The list would be expanded to add the employee’s same-sex spouse or partner, parent-in-law, adult child, sibling, grandchild or grandparent. This bill has 18 co-sponsors. If you are in the oil biz and want to follow progress of these bills and read full text, go to http://thomas.loc.gov and insert the bill numbers.
9. Whistle While You Work – The Offshore Oil and Gas Worker Whistleblower Protection Act (H.R. 1649), if passed, will prohibit employers from discharging or otherwise discriminating against any employee who [1] has or is about to provide info to the employer or government officials about a perceived violation of the Outer Continental Shelf Lands Act; [2] has or is about to testify before Congress or another proceeding about such perceived violation; [3] has or is about to participate in a hearing before Congress about such perceived violations; [4] objected to or refused to participate in any activity that is a perceived violation; [5] reported an unsafe condition, illness, injury or information regarding the adequacy of any oil spill plan response to the employer or government official; or [6] refused to perform duties if the employee had a good faith belief that the duties could cause injury, illness or an oil spill. Prior versions of this bill have been unsuccessful. If you want to follow progress of the bill and read full text, go to http://thomas.loc.gov and insert the bill number.
10. Save the Date – If you like to immerse yourself in two days of labor and employment presentations, please join me in Austin on May 16 & 17 for the 20th Annual University of Texas School of Law Labor and Employment Law Conference. The program and registration info is now posted at www.utcle.org/conference_overview.php?conferenceid:. Click on the link for “Labor and Employment Law.” I will speak on May 16 and my topic is Hire Power: Developments in Hiring Practices. Hope to see you there! Stay tuned for details on a second conference I will speak at, the Texas SHRM State Council/Texas Association of Business Employment Relations Symposium, to be held in San Antonio in mid-July.
11. Stated Differently – Here are some hot topics for you multi-state employers:
1. Arkansas – The governor signed a bill (H.B. 1901) on April 22, enacting a law that prohibits employers from requiring a current or prospective employee to disclose a username or password for a personal social media account; add an employee, supervisor or administrator to the list of contacts for that account; or change privacy settings of the account.
2. California (San Jose) – Effective March 11, 2013, the local minimum wage is $10.00/hour. This applies to employers within the city limits and there is a required posted notice.
3. Colorado – Employers of four or more employees are prohibited from requesting or using an applicant’s or employee’s consumer credit information in evaluating a person for employment, hiring, promotion, demotion, reassignment, adjustment in pay or retention as an employee, unless one of three exceptions apply. The exceptions are [1] banks or financial institutions; [2] employers who are required by law to procure consumer credit information; and [3] where the consumer credit information is “substantially related” to the employee’s current or potential job. Even where there is a substantial relation, the employer must have and disclose a “bona fide purpose” for the request and use of credit information. Where use of the consumer credit info is allowed, and if the employer plans to take adverse employment action based on the report, the employer must make written disclosure to the applicant or employee of its reliance on the report in making the decision and must identify the specific information upon which it relied. This goes farther than the similar disclosure requirement under the federal Fair Credit Recording Act.
4. New Mexico – The governor signed a bill on April 5 which is similar to the AR law, but is limited to job applicants and does not apply to current employees.
5. New York – State minimum wage will rise to $8.00/hour on December 31, 2013; $8.75/hour on December 31, 2014; and $9.00/hour on December 31, 2015.
6. Pennsylvania (Philly) – The City Council failed to garner sufficient votes to override a mayoral veto of an ordinance that would have mandated employer-provided paid sick leave.
7. Tennessee – The Department of Labor now has exclusive authority to enforce state wage/hour laws. Private suits have been eliminated unless brought under federal law or TN common law. The legislature was prompted to act by the perceived glut of lawsuits in California over working off the clock, donning and doffing and similar claims for unpaid wages.
8. Virginia – Effective July 1, 2013, it is unlawful to require an employer to release certain personal identifying information about current or former employees to third parties. Protected information includes home phone number, cell phone number, email address, shift times or work schedule.
12. For the Birds – If you like being tweeted and want breaking news on employment law changes (and the occasional random cheer for K-State . . . Go Cats!), follow me on Twitter. I’m at @amross.
Until next time,
Audrey E. Mross Labor & Employment Attorney Munck Wilson Mandala LLP 600 Banner Place 12770 Coit Road Dallas, TX 75251
