SHRM's HR Week - 12/19/11

Click here to view this message as HTML in your browser.

Dec. 19, 2011

HR NEWS

HHS to Give States More Flexibility to Set 'Essential Health Benefits'
The U.S. Department of Health and Human Services (HHS) released an Essential Health Benefits Bulletin and related fact sheet, outlining proposed policies intended to give states greater flexibility to implement the federal Patient Protection and Affordable Care Act.

Consumer-Driven Health Plans Showed Continued Growth in 2011
A new study finds that, in 2011, 7 percent of the U.S. adult population was enrolled in a consumer-driven health plan (CDHP), up from 5 percent in 2010. A CDHP was offered by 32 percent of all employers with 500 or more employees, up sharply from 23 percent a year earlier.

Rule Would Narrow Application of FLSA Exemption
A new proposed rule from the Obama administration takes aim at a Bush administration Labor Department interpretation that was upheld in a 2007 Supreme Court ruling that widened the application of the Fair Labor Standards Act (FLSA) companionship exemption.

Obama Selects Two Democrats for NLRB Seats
President Obama intends to nominate two Democrats to the embattled National Labor Relations Board, but Republicans are expected to balk. If no one is confirmed by the end of the year, the NLRB will be unable to vote on issues such as quicker union elections.

High Court Will Hear Challenge to Arizona's Immigration Law
The U.S. Supreme Court will review a decision of the 9th U.S. Circuit Court of Appeals enjoining the enforcement of several provisions to Arizona's tough immigration law, which was enacted in 2010. Among the provisions is one that makes it a misdemeanor for an undocumented immigrant to apply for a job, publicly solicit a job or actually work in Arizona.
Express Request: SHRM members can receive additional resources on the new Supreme Court term. Visit SHRM's Express Request web site and select key term SUPREME COURT CASES 2011-12 in the Multiple Disciplines Covered section.

OFCCP Proposed Rule Includes Burdensome Paperwork Requirements
AAn Office of Federal Contract Compliance Programs (OFCCP) proposed rule that would require that persons with disabilities have at least 7 percent of jobs with federal contractors and subcontractors includes significant documentation requirements for contractors.

Job Market Improving for HR Professionals Skilled in Comp and Benefits
If the number of job openings posted online during the third and fourth quarters of 2011 is a good indicator, then the job market for HR professionals is definitely on the upswing, with demand and pay highest for those skilled in compensation and benefits.
Express Request: SHRM members can receive additional resources on HR compensation. Visit SHRM's HR Careers Express Request web site and select key term HR MANAGEMENT SALARIES.

MORE HR NEWS RESOURCES
HR News home page
HR News article archive
Test your knowledge with the HR News Weekly Quiz
News about SHRM

COURT REPORT
3rd Circuit: 'Stray Remarks' Don't Support ADEA Claim
The 3rd U.S. Circuit Court of Appeals concluded that an employer's rationale for terminating employees was not a pretext for age discrimination where the evidence demonstrated that the employees violated company policy by sending inappropriate e-mails and was insufficient to suggest a corporate atmosphere of age discrimination existed.
Read this article
More Court Report articles

HR SOLUTIONS
'Only The Employed Need Apply'?
Q. A manager wants to advertise for a position and would like to include in the qualifications that applicants "must be currently employed." Can we do this?
A. Bills have been introduced in Congress that would prohibit employers from considering an applicant's status as unemployed in filling job openings. Additionally, several states have introduced similar legislation and the practice has been outlawed in New Jersey. Even in the absence of current federal law barring discrimination against the unemployed, employers should proceed cautiously in excluding those who are not working from applicant pools.
Read the full answer

Get Your Questions Answered
SHRM's HR Knowledge Center is staffed with experienced, certified HR professionals who can respond to your HR-related questions. The HR Knowledge Center is available Monday through Friday, from 8:30 a.m. to 8 p.m. ET.
Contact the HR Knowledge Center

SHRM VIDEO: FOCUS ON HR
Debut Episode Examines Seasonal Worker Rights, Job Creation
SHRM's new video news program, Focus on HR, premieres this week. The debut episode includes segments on the rights of seasonal workers, analysis of the latest LINE report and a special report on job creation. Beginning in late January 2012, tune in every other Friday for new programs covering the latest news affecting HR professionals.
View this video
More SHRM videos

VIRGINIA LEGAL UPDATE
Va. Court: Employee Barred from Jobless Benefits Based on Criminal Charges in Private Life
An employee who lost her job because of criminal charges pending in her private life was not entitled to collect jobless benefits, the Virginia Court of Appeals has ruled.
Read this article

Express Request: Virginia State Law Resources
SHRM's Information Center has compiled a variety of online employment law resources applicable to your state. In this member-only, FREE benefit you'll receive employment law resources from SHRM Online as well as other online sources; a spotlight on a recent workplace issue impacting your state; directories for locating employment lawyers and more. To receive these resources in one e-mail, select your state's name (or any other state for which you'd like to receive information), complete and submit this form.
Also available from SHRM Online: Virginia workplace law resources Workplace law resources for all states

HR MAGAZINE
Sabbaticals Pay Off
EAt first, the cost of paid sabbaticals may appear daunting: The company is going to pay employees not to work? But HR professionals at companies that offer the benefit say it is cost neutral, and it can boost retention, development and training efforts.
Read this article
Subscribe to HR Magazine (for nonmembers; members receive HR Magazine as part of their SHRM membership)
HR Magazine home page

Going Shopping?
Don't miss the year's newest HR products and services, listed by category, in HR Magazine's "What's New" directory at www.shrm.org/Publications/hrmagazine/whatsnew.

HR DISCIPLINES: SAFETY & SECURITY
Study Probes Bullying of HR Professionals
Bullying by boorish bosses and cruel colleagues has gained attention in recent years. But could HR professionals be a target of workplace bullying just because of their role in the organization? Recent research says that might be the case.
Read this article
Discuss this article on SHRM Connect
Safety & Security discipline area

HR DISCIPLINES: BENEFITS
On PPA's 5th Anniversary, Significant Impact on 401(k) Plans
The Pension Protection Act (PPA) was enacted in December 2006. Five years later, the law has had a major impact on 401(k) plan design and participant savings behaviors, especially relating to adoption of automatic enrollment, target-date default funds and Roth investment options.
Read this article
Benefits discipline area

HR DISCIPLINES: STAFFING MANAGEMENT
Preparation, Speed Crucial to Hiring Top Talent After the Recession
Highly talented workers have more options than they did during the recession, so companies that can tailor their interview process to move quickly when they identify top talent for job vacancies can put themselves in a strong position to succeed.
Read this article
Staffing Management discipline area

HR DISCIPLINES: TECHNOLOGY
Online Tools Can Help Explain Benefits
While HR decision makers believe that it's important for employees to understand their benefit options fully, they estimate that only about 60 percent of their employees do. Web-based and mobile technologies and decision support tools can provide innovative ways of educating employees.
Read this article
HR Technology discipline area

FREE SHRM MEMBER WEBCASTS
Hire with Precision: The Science of Identifying the Right Match
Dec. 20, 2 p.m. ET
Presenter: Leanne Buehler, Ph.D., Corvirtus
Webcast sponsor: Taleo
Our last live program of the year! While hiring assessments can be effective for identifying job candidates who have the right skills for the job, many companies still fall short when it comes to identifying the characteristics employees need to fit and thrive in the company's culture -- a flaw that can lead to high employee turnover, poor customer satisfaction and lost revenues. In this webcast, Leanne Buehler will show that with a more scientific, disciplined approach to employee evaluation, tied closely to the company's mission and values, organizations can predict with a high degree of accuracy whether or not a candidate is the right fit. Included will be strategies for aligning the hiring process with organizational culture and examples of real companies using scientific assessments to their strategic advantage.
Register for this webcast

Key Considerations for a Successful Global Assignment
Now available
Presenter: Mark Frederick, IOR Global Services
Webcast sponsor: Zurich
Whether they last two weeks or two years, global assignments represent a significant investment for employers. As such, they carry significant risk--stationing a worker outside of the country is costly, and the risk of failure or poor performance is high. It takes a certain type of employee to succeed in an overseas assignment. In this program, Dr. Mark Frederick of IOR Global Services will discuss steps HR can take in the areas of talent management and training to ensure both a successful global assignment and capture the full developmental value of these opportunities. Note: This program will qualify for GPHR-specific recertification credit.
View this webcast

Rethinking and Revitalizing Your Performance Management
Now available
Presenter: Leila Bulling Towne, Bulling Towne Group
Webcast sponsor: Taleo
WThe dust settling on your performance management procedures can be costly to your company. Performance management has evolved -- the tools used to communicate with employees about their performance, how performance is captured and evaluated, and the overall approach to performance management and employee evaluation. In this webcast, Leila Bulling Towne will look at what works and doesn't work in this new era of performance management. She'll describe steps you can take now to make your upcoming employee reviews more effective and help you think about long-term changes you can make to the way your organization manages performance.
View this webcast

SHRM WEBCASTS: COMPLIANCE SERIES
The Americans with Disabilities Act
Now available (90 minutes)
Presenter: Robert Duston, Saul Ewing LLP
The definition of a "disability" under the Americans with Disabilities Act has been expanded in recent years. With more conditions now considered to be disabilities, it's critical that employers understand their rights and obligations under the ADA and ADA Amendments Act. This program will explain what is -- and isn't -- considered a disability and what the law considers to be a reasonable accommodation. You'll also gain a better understanding of how the ADA intersects with the Family and Medical Leave Act and workers' compensation rules.
Learn more about this webcast

SHRM E-LEARNING
Survey: Most Large Firms Calibrate Performance
Fifty-four percent of HR professionals surveyed by the Society for Human Resource Management (SHRM) said their organization conducts formal calibration or group review sessions as part of the performance appraisal process, according to a new SHRM poll, "Performance Management and Other Workplace Practices."
Read this report
More SHRM surveys

LEGAL ISSUES
Law Prohibits Discrimination Against Pregnant New Employees
The Family and Medical Leave Act (FMLA) does not apply to newly hired employees who are pregnant, but Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act (PDA) does. Attorneys advise that the key to navigating the tricky issue of having a newly hired pregnant employee is to be fair and consistent in the application of company policies.
Read this report
Legal Issues area

Business-Focused HR: 11 Processes to Drive Results
The stakes remain the same for organizations and HR leaders, whether we are in a booming or lagging economy -- HR professionals must show the value of what they do and build a compelling business case to get other, potentially skeptical, leaders to buy in. Business-Focused HR will provide the tools for HR leaders and people managers across the organization to become more business-focused with the processes that they execute. Senior HR leaders can make the business case to top management, while front-line practitioners can demonstrate the value of what they do to managers on the "shop-room floor."
More about this book
SHRMStore home page

WORKPLACE FLEXIBILITY
'Extreme Telecommuting' from Across the Globe Yields Rewards
You don't have to tell Barry Frangipane that the Internet has made the world a little smaller. Frangipane, a software engineer, was used to telecommuting from his home in Tampa Bay but didn't realize how far telecommuting could reach. Then he and his wife, Debbie, decided to move with their two daughters to Italy for a year while Frangipane telecommuted to his software job in the states -- an experience he chronicled in a recently published book.
Read this article
Workplace Flexibility resource page

SHRM FOUNDATION
Support the SHRM Foundation and Get a Tax Break
As you make your year-end charitable gifts, please remember the SHRM Foundation. Among its other activities, the SHRM Foundation awards HR scholarships and funds practical research to advance the HR profession. Your donation is tax-deductible.
Make your 2011 tax-deductible gift today

SHRM TOOLKITS
Designing and Managing Wellness Programs
A new SHRM toolkit provides an overview of employer-sponsored wellness programs for employees. It includes a discussion of the increasing importance of wellness programs, their potential benefits for employees and employers, the varied types of wellness programs an organization can provide, approaches in designing and implementing effective wellness programs, and HR's role in the process.
Read this article
SHRM Toolkits home page

HR JOBS
40,000+ Resumes for Employers
The HR Jobs searchable resume database now has more than 40,000 resumes. The fee-based database lets employers search for HR professionals by location, career level, certification level and more. After employers identify good candidates for their open positions, HR Jobs will contact them to get permission to release their confidential contact information to you. HR Jobs is where HR professionals find HR professionals.
HR Jobs home page

ORGANIZATIONAL TRAINING & DEVELOPMENT
Employment Law: An Ounce of Prevention Can Save a Fortune
Equal Employment Opportunity Commission enforcements and total dollar amounts recovered continue at a record breaking page. All too often, employment-related litigation and adverse regulatory actions can be traced to managers who lack the proper knowledge to avoid these legal minefields. Because prevention is key to reducing exposure, SHRM recently unveiled its "Legal Aspects of Supervision." Designed specifically for non-HR managers, this on-site program provides a basic understanding of key employment law concepts that can be readily put into practice.
Learn more about this program

SHRM LEARNING SYSTEM
Can't Find the Time to Prepare for Your Certification Exam?
The SHRM Learning System Self-Study Program allows busy professionals to study for their PHR/SPHR exams on their own schedule. With new "Plan to Pass" study tools, you can create your own study plan and study on-the-go with mobile access.
Learn more or try the free demo today

SHRM ANNUAL CONFERENCE
Build a More Effective, Efficient Team
Attending the SHRM 2012 Annual Conference and Exposition together increases collaboration between your HR team members and creates a more synergistic working environment. Register your team of five or more and save up to 35 percent off regular registration rates while receiving special privileges.
Learn more
SHRM Annual Conference home page

EXPRESS REQUESTS
State Laws Take Effect Jan. 1
From mandatory paid sick leave and e-Verify to new annual pay notices, state and city legislatures have been busy, and several new laws become effective on Jan. 1, 2012, or later in the year. Visit SHRM's State Law Resources Express Request service to learn more about state law developments.

Leap Year's Possible Extra Payday
Leap years can create challengesfor payroll managers. By adding an extra day to the calendar, the odds that a business will have an additional payday over the course of the year increase. In leap years, the calendar has two days of the week that occur 53 times; if one of those days happens to coincide with an employer's payday, businesses with weekly pay periods will have 53 paydays while those with biweekly schedules will have 27. 2012 is a leap year in which there will be 53 Sundays and 53 Mondays. To receive resources on this topic visit SHRM's Express Request website and select key term LEAP YEAR (2012) AND PAYROLL in the Compensation section.

FINAL THOUGHT
Holiday Closings, HR Week
SHRM's headquarters will close on the afternoon of Dec. 22 and will remain closed through Dec. 27. We will again close on the afternoon of Dec. 30 and reopen Jan. 3, 2012. There will be no HR Week for the week of Dec. 26. This is our last issue of the year, we will return on Jan 3. SHRM extends best wishes to all its members, around the world, for a happy and successful 2012.

This email may contain advertisements.

The Society for Human Resource Management (SHRM) is the world's largest association devoted to human resource management. Representing more than 250,000 members in over 140 countries, the Society serves the needs of HR professionals and advances the interests of the HR profession. Founded in 1948, SHRM has more than 575 affiliated chapters within the United States and subsidiary offices in China and India. Visit SHRM Online at www.shrm.org.