Human Resources

Changes Coming for Part-Time Employees in Youngstown

On November 8, 2016, voters in Youngstown approved a measure to amend their city charter and provide a “Part-Time Workers’ Bill of Rights,” which will impose significant added requirements on employers of part-time workers throughout the city.

The bill will not take effect until after election results have been certified by the Mahoning County Board of Elections.

OMA Connections Partner, Frantz Ward, has summarized the bill’s provisions here.  11/14/2016

Know the Military Leave Law, Including these Lesser Known Provisions

As we honor our veterans and think about our uniformed military personnel on this Veterans’ Day, it’s a good time to refresh our understanding of the Uniformed Services Employment and Reemployment Rights Act (USERRA) that provides protections to reservists and active military personnel.

Joelle Khouzam, Partner, with OMA Connections Partner, Bricker & Eckler, posts a good review of the law, including some under-recognized provisions.

She writes:  “While employers may be familiar with these basic protections and the details that surround them, many companies are unaware of the escalator clause. This provision requires that returning service members be reemployed in the job that they would have attained had they not been absent for military service, with the same seniority, status and pay, and other rights and benefits determined by seniority. … In effect, it is generally impermissible to treat the employee as if there has been a break in service.”

And: “… USERRA’s disability protections require employers to make reasonable accommodations and to provide convalescing employees up to two years from the date of completion of service to return to their jobs or apply for reemployment.”

Read more from Joelle here.  11/10/2016

Clinton vs. Trump on Key Labor & Employment Issues

What’s ahead on major employment law issues such as paid family and medical leave, federal minimum wage, and equal pay?

OMA Connections Partner, Frantz Ward, has prepared this side-by-side comparison of the presidential candidates’ plans.  11/2/2016

Bringing Manufacturing into the Classroom

The Alliance for Working Together Foundation (AWT), a nonprofit organization based in Mentor, has a mission to promote the development of careers in manufacturing to benefit Ohio’s manufacturing community.

Partnering with Edge Factor, AWT is supporting 51 public and private middle and high schools in Lake and Geauga counties with access to Edge Factor’s platform of cinematic, story-driven media and interactive resources called eduFACTOR.

Edge Factor creates interactive resources to raise awareness and guide students toward pathways in career and technical education and manufacturing, available through eduFACTOR memberships.  11/3/2016

Nationwide Injunction Imposed on “Blacklisting” Reg

Judge Marcia A. Crone of the Eastern District of Texas granted a nationwide injunction for the majority of the “Fair Pay and Safe Workplaces” regulation, otherwise known as “Blacklisting.”

The regulation, finalized in August, places extensive and burdensome new reporting requirements on federal contractors by requiring contractors to report any labor law “violation,” even if it is a mere allegation.  The regulation would have gone into effect this week if the judge had not ruled.

The only area where the preliminary injunction was not granted is the January 1, 2017 implementation of the “Paycheck Transparency” provision.

Manufacturers are pleased that Judge Crone enjoined the implementation of this regulation that would have far-reaching negative impacts on companies with federal contracts. The National Association of Manufacturers will continue the fight in the courts and on Capitol Hill to turn back the growing wave of federal regulations that hamper growth.  10/26/2016

Guidance about New Federal Overtime Rule

OMA Connections Partner, Clark Schaefer Hackett, reminds employers that new overtime eligibility regulations are set to take effect December 1.  The new regulations include the following changes:

• Employees who earn less than $913 per week (or $47,476 annually) will now generally be eligible for overtime pay.  The old minimum threshold was $23,660 annually.
• The salary threshold will automatically update every three years, reaching more than $51,000 in January 2020 by Labor Department estimates.
• Bonuses and commissions can satisfy up to 10% of the new salary level.

But there’s a wrinkle.  The new overtime regulations were set to become effective December 1, 2016.  However, on September 28, 2016, the U.S. House voted and passed a bill (H.R. 6094) that would delay the effective date to June 1, 2017.  With Congress adjourned until mid-November, the U.S. Senate will have very little time to vote during its lame duck session on the bill.  Even if it passes in the Senate, most expect President Obama to veto the act, thus putting the December 1, 2016 date back in to effect.

Therefore, Clark Schafer Hackett advises that businesses should continue to prepare for the overtime rules as though there were no legal challenges, as they are far from certain to succeed. The rules as of now are still set to take effect December 1, 2016.

Here’s guidance from Clark Schaefer Hackett.  10/12/2016

Ohio Minimum Wage Increase Effective January 1, 2017

Effective January 1, 2017, the Ohio minimum wage will increase by 5 cents, from $8.10 per hour to $8.15 per hour.

Ohio employers with annual gross receipts of more than $299,000 (previously $297,000) must pay the Ohio minimum wage.  (Ohio employers with annual gross receipts of $299,000 or less must pay the federal minimum wage, which is currently $7.25 per hour.)

Ohio’s minimum wage is tied to the rate of inflation as measured by the Consumer Price Index.

Get your Ohio minimum wage poster with 2017 rates here.  Thank you to OMA Connections Partner, Bricker & Eckler, for the information. 10/3/2016

Hardin Co. Area Manufacturers: Focus Group Opportunity

Ohio Manufacturing Institute (OMI) invites manufacturers in and around Hardin County to participate in a focus group on the skills needed for engineering technologists at all levels.

This is one of a series of focus groups OMI is conducting throughout the state.

The next one is on Wednesday, October 26, 9:00 -11:00 a.m. at the Hardin County Chamber & Business Alliance, 225 S. Detroit Street, Kenton, OH 43326.

Findings and recommendations will be presented to state policymakers.

If you are interested in participating, please contact OMI’s Kathryn Kelley at (614) 688-4116.  10/6/2016

DOL Finalized Federal Contractor Paid Sick Leave

On September 7, 2015, President Obama signed Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors (EO).  The executive order requires certain employers that contract with the federal government to provide their employees with up to seven days of paid sick leave annually, including for family care and absences resulting from domestic violence, sexual assault, and stalking.

The Department of Labor (DOL) has finalized the federal contractor paid leave rule and has provided this fact sheet.

The rule will take effect on November 28.  9/30/2016

Another Billion Dollar Federal Reg

Last week the Equal Employment Opportunity Commission (EEOC) announced it finalized the proposal to now include employee pay data in the annual Employer Information Form (EEO-1) submitted to the agency.  Private employers and federal contractors with 100 or more employees will have to report employee wage data from employees’ W-2s.

The ostensible rationale is to address discriminatory pay practices.

The EEO-1 report will be due for the first time with pay data on March 31, 2018, and the EEO-1 will be due every March 31 thereafter.

The recently released NAM Labor Study indicates this form change will cost manufacturers “$1.9 Billion with 18 million hours of paperwork over the next ten years.”

EEOC has published a fact sheet.  9/30/2016