12/12/2013
What’s on Your 2014 HR To-Do List?
About Sikich » Multi-disciplinary: An accounting, advisory, investment banking, technology and advisory services firm with clients in the U.S. and internationally.
» Excellent reputation: With a reputation for professional excellence, Sikich provides unsurpassed client service as well as timely and cost effective services.
» Strong talent: We employ more than 500 talented people including 87 partners, all of whom devote their careers to a focused area.
» Award winning: Accounting Today ranks 40th
the Firm nationally among the top 100 accounting firms and 12th in the top 100 VARs.
$76.4 M in revenue in 2012 5,660 public and private sector clients 7,861 individual clients 500+ total personnel 87 partners 1 collaborative and positive culture
Advisory services offered through Sikich Financial, a Registered Investment Advisor. Securities offered through Triad Advisors, Member FINRA/SIPC.
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Honors & Recognitions Accounting
Technology
» #40 in Accounting Today’s
» Top 1% of all ERP solution
» »
2013 Top 100 Accounting Firms INSIDE Public Accounting’s Top 50 Accounting Firms in 2012 INSIDE Public Accounting’s All-Star Firms in 2012
» » » »
partners in the world 2012 Microsoft Dynamics Inner Circle 2012 Microsoft Dynamics President's Club #12 on Accounting Today's Top 100 VARs in 2012 #12 on Bob Scott's Top 100 VAR List for 2012
Sikich Service Lines Accounting, Audit & Tax
Advisory Business Valuation Dispute Advisory Executive Search & Staffing Flex-Staff Solutions Human Resources Insurance Services Marketing & Public Relations Retirement Plan Services Supply Chain Wealth Management
Financial Reporting Employee Benefit Plan Audit Accounting Services Tax Planning
Investment Banking
Technology
Managed Services
Acquisitions Advisory
Accounting & ERP Software
Sales Advisory
CRM Software
Managed IT
Capital Raises
IT Infrastructure
Outsourced Human Resources
Strategic Advisory
Cloud & Hosting Solutions
Outsourced Marketing & Public Relations
Strategic IT Planning
Outsourced Accounting
Communication & Collaboration IT Consulting
Advisory services offered through Sikich Financial, a Registered Investment Advisor. Securities offered through Triad Advisors, Member FINRA/SIPC.
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Industry Expertise, Tailored Approach » » » » » » » » » »
Agriculture Manufacturing & Distribution Construction Professional Services Real Estate Retail Government Non Profit Healthcare Higher Education
Deep industry experience and longevity.
Cross sectional teams with a depth and breadth of experience to handle the complete solution.
Solution centric and product agnostic.
Advisory services offered through Sikich Financial, a Registered Investment Advisor. Securities offered through Triad Advisors, Member FINRA/SIPC.
What’s on the 2014 Horizon? » 2014 HR trends » Compliance trends
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2014 HR Trends
2014 HR Trends » » » » »
HR as strategy Availability of talent Talent acquisition Employee engagement in all forms Out-tasking as a way of life
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HR as Strategy – Picnics and Paper, “Oh My!” & “Oh No!” » It’s all about the people » Aligning people with strategy
Talent Availability – Where Have All the People Gone? » New demographics » Skills shortages
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Talent Acquisition – No Silver Bullet » » » » »
Recruiting isn’t one person’s job; everyone’s a recruiter Multi-sourcing is necessary Networking is key Relationship building is critical Drawing employees into the fray
Employee Engagement – Hail, Hail The Gang’s All Here » » » » » »
The performance feedback loop Pay for performance Informal recognition Increased formal recognition Employee communications Employee surveys
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Out-Tasking – We’re Not in Kansas Anymore » Not one-size-fits-all » Design your own options » Making the right choice
What Do You Currently Outsource? » » » » » »
Payroll COBRA administration Family Medical Leave administration Flexible spending account administration Rewards programs Other tactical HR functions: » Benefits administration » Compensation administration » Recruiting » Training » Performance management administration » Choose all that apply.
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POLL: Which of these trends concerns you most? » » » » »
HR involvement as a key component in hospital strategy Having a solid talent pool to choose from Having the right financial/benefits package to acquire top talent Retaining the hospital’s top performers Engaging employees at all levels to increase patient satisfaction & decrease turnover
Compliance Trends
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12/12/2013
Compliance Trends » » » » » » » » » »
EEOC continues aggressive action GINA ADAAA Background checks Defense of Marriage Act I-9’s Proposed FMLA changes NLRB Medical marijuana Concealed carry
EEOC’s Continues Aggressive Approach – EEOC Home Page Bass Pro Litigation » “The EEOC has sued Bass Pro Outdoor World, claiming that it did not hire people because of their race (African-American or black) or national origin (Hispanic or Latino) and that Bass Pro retaliated against employees who complained about discrimination. » If you applied for a job at any Bass Pro location and think you may not have been hired due to your race or national origin or if you have any information, please contact the EEOC.”
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12/12/2013
EEOC Mavis Discount Tire Litigation » “The EEOC has sued Mavis Discount Tire, claiming that Mavis did not hire women as Managers, Assistant Managers, Mechanics, Tire Installers, and similar jobs because of their sex. The agency says the company systematically rejected all women applicants. » If you applied for a job at any Mavis Discount Tire or Cole Muffler location and think you may not have been hired because you are a woman, or you have any information, please contact the EEOC.”
EEOC Texas Roadhouse Litigation » “The EEOC has sued the Texas Roadhouse chain of restaurants, claiming that Texas Roadhouse did not hire people age 40 and older because of their age. » If you believe you may have been denied a front of the house position such as server, hostess/host, bartender, etc. at Texas Roadhouse because of your age or if you have any information, please contact the EEOC.”
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Staying Out of EEOC’s Sights » Examine all HR-related processes » Train, train, train
EEOC Settles First GINA Lawsuit » Addressing emerging and developing issues in EEO law, such as genetic discrimination, is one of the EEOC’s priorities in its strategic enforcement
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GINA Exceptions » » » »
Inadvertent acquisition of genetic information Request pursuant to a voluntary wellness program Information acquired from public sources Request as part of the Family and Medical Leave Act (FMLA) certification process
GINA – To-Do List » Be careful when requesting information » Add key language to certification/requests emphasizing that employees and medical providers should not provide genetic information
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GINA - Recommended Language »
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. ‘Genetic Information’ as defined by GINA includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
Americans with Disabilities Act Amendment Act » Informal guidance was released by the EEOC in May 2013 highlighting specific types of reasonable accommodations for people with cancer, diabetes, epilepsy and intellectual disabilities
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Possible Accommodations: Cancer » Leave for doctor appointments and/or to seek or recuperate from treatment » Periodic breaks or a private area to rest or to take medication » Modified work schedule or shift change » Permission to work from home » Modification of office temperature » Permission to use work telephone to call doctors if the employer’s usual practice is to prohibit personal calls » Reallocation or redistribution of marginal tasks to another employee. » Reassignment to a vacant position if the employee can no longer perform her job
Possible Accommodations: Diabetes » A private area to test blood-sugar levels or to administer insulin injections » A place to rest until blood-sugar levels return to normal » Breaks to eat or drink, take medication or test blood-sugar levels » Leave for treatment, recuperation or training on managing diabetes » Modified work schedule or shift change » Use of a stool for someone who has difficulty standing a long time because of diabetes-related nerve damage (i.e., neuropathy) » Reallocation of marginal tasks to another employee » Reassignment to a vacant position if the diabetic no longer can perform his duties
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5 Ways to Get Sued Under ADAAA » » » » »
Judging a temporary condition not to be a disability Accommodations only for on-the-job injuries Blanket refusal to reinstate those with restrictions Treating employees in the same position differently Failing to rely on medical opinions
EEOC Targets Use of Old Convictions » Criminal convictions should have an expiration date - individualized assessment of the nature of the crimes, the ages of the convictions or the nature of the claimants’ respective positions » EEOC has advised employers that under certain circumstances, their use of criminal convictions to deny employment opportunities could be at odds with Title VII
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On the Flip Side… » “Judge hammers EEOC in criminal background check lawsuit”
Background Check – To-Do List » Obtain written authorization and provide written notice before requesting a criminal background check » Evaluate whether the criminal conduct or conviction is related to the applicant or employee’s actual job responsibilities » Do not use or inquire into arrest history or sealed or expunged criminal history information » Provide notice both before and after taking adverse action on the basis of a criminal background check
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12/12/2013
Supreme Court Narrowly Defines “Supervisor” » Decision reinforces the importance of employers having appropriate internal policies prohibiting discrimination and harassment and appropriate internal complaint procedures
Defense of Marriage Act » Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional » Section 2 left intact – lets states refuse to recognize same-sex marriages performed under the laws of other states
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States that Allow Same Sex Marriage » » » » » » »
Massachusetts California Connecticut Iowa Vermont New Hampshire District of Columbia
» » » » » » »
New York Washington Maine Maryland Rhode Island Delaware Minnesota
DOMA’s Impact – Health and Welfare Benefits » Taxation of benefits » COBRA FMLA » HIPAA » HRA/HSA/FSA » Cafeteria plans
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12/12/2013
DOMA – To-Do List » Review and revise FMLA policies, procedures and forms » Consider whether to extend benefits including FMLA benefits in same sex marriages who reside in states that do not allow same sex marriage
Working Families Flex Act Passes House (narrowly) » Passed in the Republican controlled House; bill moves to Democrat controlled Senate, where likely to face opposition » Bill amends FLSA by allowing private sector employers to offer employees the option of taking comp time in lieu of overtime pay
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More Proposed FMLA Changes » Recently introduced amendments that would permit leave to care for: » Same sex spouse » Domestic partner » Parent-in-law » Adult child (regardless of whether he/she has disability) » Sibling » Grandchild » Grandparent
I-9 Audits Still Around » Don’t take your eye off this ball any time soon
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I-9 – Your To-Do List » Use 2013 form » Name a dedicated individual or individuals to spearhead the transition to the new form if you’ve not made the switch » Make sure anyone responsible understands the requirements for each section as they relate to regulations » Identify areas where business processes may need revising » Audit, audit, audit
POLL: Have Your I-9’s Been Audited? » By you? Yes or No » By a governmental agency? Yes or No
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NLRB » Courts okay “micro-units” » New mobile app in play
NLRB – To-Do List » Examine your employment processes » Use surveys to identify trouble spots » Communicate regularly
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Medical Marijuana » » » » »
Cannot penalize employees Can restrict use in workplace Need to adopt reasonable policies Cannot discriminate against an applicant who tests positive Cannot discipline after a positive drug test in the same way
Concealed Carry » » » » » »
Sign required on premises Policies to include both employees and visitors Prohibited locations Parking lot exception Storing fire arms in a company-owned vehicle Begin evaluating policies now
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12/12/2013
POLL: What is your greatest compliance concern? » » » » »
EEOC’s aggressive stance Genetic Information Non-discrimination Act Americans with Disabilities Act Amendment Act Background check changes Enforcement of I-9’s
Contact Information Joyce Grenis Senior Managing Director HR Consulting Services P: 630.566.8454 E.
[email protected]
Jennifer Lollino Managing Director HR Consulting Services P: 630.566.8483 E.
[email protected]
Julie Strahl Consultant HR Consulting Services P: 630.566.8566 E.
[email protected]
www.sikich.com/hr
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