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Government Affairs Summit Program Wednesday, August 29, 2007


Government Affairs SummitProgram Wednesday, August 29, 2007. Keynote: Lt. Governor Becky Skillman. Updates and What s in the Pipeline for 2008? Indiana Legislature – PowerPoint PPT presentation

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Title: Government Affairs Summit Program Wednesday, August 29, 2007

Government Affairs Summit Program Wednesday,
August 29, 2007
  • Keynote Lt. Governor Becky Skillman
  • Updates and Whats in the Pipeline for 2008?
  • Indiana Legislature
  • Federal Legislature
  • Regulatory - Homeland Security, Social
  • Equal Employment Opportunity
  • Judicial Branch
  • Executive Branch
  • SHRM Advocacy
  • Tips for HR to advocate
  • Steve Kellam and Rob Aspy, SPHR, Co-Chairs,
    Government Affairs

State Government
  • August 29, 2007

115th General Assembly (2007)
  • 234 new laws
  • 583 bills introduced in the Senate
  • 837 bills introduced in the House
  • HR areas of particular interest (bills
  • Unemployment Compensation (7 bills)
  • Health Care Costs or Insurance.
  • (40 bills 14 in Senate 36 in House)
  • Websites of particular HR interest

Senate Enrolled Act 94 (Landske, Kenley, Bowser)
  • Language change effective on passage
  • The general assembly finds the following
  • To persons with a disability from disabled
  • To "Persons with disabilities" means all
    persons who by reason of physical or mental
    disability from mental defect

Senate Enrolled Act 372 (Simpson)
  • The department of insurance shall study the
    current preauthorization practices and procedures
    used by insurers and health maintenance
    organizations. The department may also study
    standardization (and) whether the practices and
    procedures require the establishment of
    standards to ensure uniformity, timely response,
    and the provision of reasonably sufficient.
  • Before November 1, 2007, the department shall
    report to the legislative council in an
    electronic format the department's findings.

Not Pass after Third Reading HB 1008 Brown C ,
Brown T , Welch
  • Requires establishment of a project for a health
    care management program and a pilot project for
    small employers to obtain health care coverage
    for employees

House Enrolled 1027 (Day, Micon)
  • Minimum wage increase
  • Ties the amount of Indiana's minimum hourly
    wage to the same as federal minimum hourly wage.
  • 5.85 per hour effective July 24, 2007
  • 6.55 per hour effective July 24, 2008
  • 7.25 per hour effective July 24, 2009
  • First increase to the minimum wage in nearly
    10 years

House Enrolled Act 1092 (Avery)
  • Military service benefits.
  • Establishes an unpaid leave of absence of up
    to 10 working days for the spouse, parent,
    grandparent, or sibling of a person ordered to
    active duty in the United States armed forces or
    the National Guard

House Enrolled Act 1378 (Van Haaften, Crouch)
  • A policy of accident and sickness insurance
  • provides coverage for hospital, medical,
  • surgical expenses
  • may NOT contain a provision excluding or
  • limiting the insurer's liability under the
  • policy for a loss sustained or contracted
  • consequence of an insured's intoxication
  • use of a narcotic.

Not Pass HB1397 Ruppel, Bischoff, Koch, Tincher
  • Prohibits the adoption or enforcement by an
    employer of a policy or rule that prohibits or
    has the effect of prohibiting an individual who
    has a valid state issued permit to possess a
    firearmthat is (1) locked in the individual's
    motor vehicle while the motor vehicle is in or on
    the employers property or (2) stored at a
    location in or on the employers property that
    is secure and allows the individual to check the
    firearm in and out when entering and leaving the
    person's property.
  • Excepts possession of a firearm (1) on school
    property or a school bus (2) on certain child
    care and shelter facility property (3) on penal
    facility property and (4) when permitted under
    federal law

Weapons at work update
  • Passed five states (Oklahoma was first)
  • Defeated in eleven states (including Indiana)
  • National SHRMs statement
  • Business is responsible for workplace safety.
  • Business should make its own decision to allow
    weapons or not on its property.

House Enrolled Act 1678 (C Brown)
  • This bill began use of hospital only if
    facility has an emergency room. Expanded into
  • Enrolled Act to provide small employers
  • (two to 100 employees, and not self-funded)
  • a tax credit if provide a qualified
  • program. Plus more

NOT PASS beyond Committee HB 1680 C Brown
  • Universal health care. Creates a plan of health
    insurance to provide primary coverage to every
    resident of Indiana

State Legislative Crystal Ball
  • Weapons Bill
  • Health Care
  • Workers Compensation
  • Tax Credits for Wellness Programs
  • ?

Federal Government
  • August 2007

Recent Congressional Activity
  • HR1257 20 April 2007 the Shareholder Vote on
    Executive Compensation Act passed the house
    269-134. The bill seeks to increase shareholder
    input on executive compensation decisions made by
    boards of directors.

Recent Congressional Activity
  • HR493 25 April 2007 The Genetic Information Act
    of 2007 (GINA) passed by a 420-3 vote by the
    house. Prohibits employers and health insurers
    from making employment decisions or adjusting
    benefits solely on the basis of an individuals
    genetics. It is likely to pass and be signed.

Recent Congressional Activity
  •   HR2206 25 May 2007 signed into Law President
    Bush. It amended the Fair Labor Standards Act
    (FLSA) to raise the current minimum wage (24 July
    2007 5.85 per hour, 24 July 2008 6.55 per hour
    and 24 July 2009 7.25 per hour).
  • Contained a 4.84 billion tax relief for small
    businesses. It is called the Work Opportunity
    Tax Credit (WOTC) provides for tax credits for
    hiring individuals from one or more of nine
    targeted groups through August 2012.

Recent Congressional Activity
  • HR800 June 2007 Senate voted no to consider the
    Employee Free Choice Act. SHRM members sent
    9,200 letters to Senate members. The legislation
    would enable unions to sidestep workers current
    right to a federally-supervised, private ballot
    election and, instead, allow unions to collect a
    majority of signed authorization cards during
    union organizing drives.

Recent Congressional Activity
  • S1639 June 2007 - Comprehensive Immigration
    Reform Act Senate decided not to continue
  • S1753 9 July 2007 Senators Harkin and Smith
    introduced the Healthy Workforce Act. The bill
    provides incentives to employers for offering
    wellness programs.

Recent Congressional Activity
  • HR1424 18 July 2007 - Paul Wellstone Mental
    Health and Addiction Equity Act passed out of the
    House Education and Labor committee. Legislation
    would required group health plans that include
    mental health coverage to treat mental illnesses
    and physical illnesses the same, in terms of
    deductibles, hospital stays and co-payments.

Recent Congressional Activity
  • HR1585 July 2007 Amendment approved by House to
    the National Defense Authorization Act for Fiscal
    Year 2008 to expand the Family and Medical Leave
    Act (FMLA) to provide leave for military families
    to deal with exigencies arising from a call to
    duty. Bill remains under consideration. The
    Senate as a part of the passing of the Childrens
    Health insurance Bill HR976 adopted two
    amendments that would expand FMLA to family
    caregivers of injured service members.

Recent Congressional Activity
  • 24 July 2007 Congress is considering changing
    the definition of employees or independent
    contractors. SHRM testified before the House
    Education and Labor committee on this issue.

Recent Congressional Activity
  • HR2831 31 July 2007 - The Ledbetter Fair Pay Act
    passed the House. (Party line votes from Indiana
    Reps). If this bill passes the Senate and is
    signed it would overturn the Supreme Court
    decision of May 2007, where limits are place on
    the time workers have to file claims against
    employers for pay discrimination to six months.
    The bill places no limits on time.

Bills of Interest
  • HR 1540 Civil Rights Tax Relief Act of 2007
    Back pay for job-related harassment or
    discrimination taxable at the rates effective
    during the years such pay was earned. Remains in
  • HR1542 /S910 The Healthy Families Act
    Requires employers with 15 or more employees to
    provide seven days of paid sick leave to
    full-time (30 hours) workers. Remains in

Bills of Interest
  • S1136 Survivors Empowerment and Economic
    Security Act Employers with 15 or more
    employees to provide 30 days of job-protected,
    unpaid leave to employees to address issues
    relating to domestic violence. In committee
  • HR1338/S766 Paycheck Fairness Act Amend Fair
    Labor Standards Act to provide more effective
    remedies of victims of discrimination in the
    payment of wages on the basis of sex. In

Bills of Interest
  • HR 298 Flexible spending Accounts Growth and
    Opportunities Act of 2007 Will allow up to
    1,000 in unused funds in FSA to carry over to
    the next year.
  • HR506 The Health Partnership through Creative
    Federalism Act Bill provides grants to states
    for health coverage for the uninsured.

Bills of Interest
  • S334 The Healthy American Act Comprehensive
    Health Care Reform requires all individuals to
    purchase health insurance. Subsidies provided to
    low income families. Employer mandates included
  • HR 1645 Security through regularized
    Immigration and a Vibrant Economy Act
    Immigration Reform

Bills of Interest
  • S41 Research Competitiveness Act Simplify and
    make permanent the research and development tax
  • S239 Notification of Risk to Personal Data Act
    of 2007 Data breach bill
  • S1038 / HR1748 Workforce Health Improvement
    Program Allows employer to deduct the cost of
    subsidizing or providing off-site fitness center
    benefits for their employees. A wellness benefit
    would not be taxable income for employees.

Bills of Interest
  • HR853 Wellness and prevention Act Employers
    receive up to 200 tax credit per employee that
    joins the wellness program.
  • S1141 Automatic IRA Act of 2007 Requires
    employers with more than 10 employees and in
    business for more than 2 years to provide each
    employee the option to save for retirement
    through payroll deposit IRAs in exchange for tax
    credits up to 250.

Bills of Interest
  • S1178 Identify Theft prevention Act Data
    Breach Bill
  • S495 Personal Data Privacy Security Act of 2007
    Privacy of data bill
  • HR1280 Tax Equity for Health Plan Beneficiaries
    Act of 2007 Extend exclusion from gross income
    for employer provided health care coverage to
    certain eligible beneficiaries, including
    domestic partners and their dependent children.

Federal Legislative Crystal Ball
  • Good Support
  • Genetic Bill Good support
  • FMLA additions for Service Member Families
  • Probably Not
  • Ledbetter bill becomes law
  • Immigration Bill of substance passes
  • Employee Free Choice Act
  • Mental Health Act
  • Health Care Additions

Regulatory Agencies Update
  • Homeland Security announced two actions on
    unlawful hiring or continued employment of
    unauthorized workers
  • Social Security to look at process to issue its
    numbers to prevent identity theft and fraudulent

EEOC Trends
  • Race and color discrimination (most charges)
  • Sex discrimination (2nd most charges)
  • EEOC Priorities and Initiatives
  • Systemic discrimination
  • E-Race (Eradicating Racism And Colorism from
  • (Youth _at_ Work Initiative)

New EEOC Enforcement on Disparate Treatment for
  • Caregiver defined as employee who provides care
  • (not the caregiving professionals.)
  • An action likely to deter a working mother from
    filing a future EEOC complaint might be less
    likely to deter someone who does not have
    substantial caregiving responsibilities. A
    schedule change in an employees work schedule
    may make little difference to many workers, but
    may matter enormously to a young mother with
    school age children.
  • Caregiving disproportionately affect working
    women generallymore pronounced among some women
    of color, particularly African American

New Caregiver EEOCs training examples
  • Stereotypes of mothers
  • Yael returned from maternity leave. She asked to
    use lunch to breastfeed her child at the childs
    day care center. The supervisor began tracking
    Yael when left and returned from lunch.
    Admonished when late. Other employees who left
    the site during lunch were not similarly
    monitored. Yael reported her supervisor to a
    higher-level manager who stated personality
  • Yael filed an EEOC charge on sex-based
    harassment. The investigator determined Yael
    was subjected to a hostile work environment based
    on sex and that the employer was liable.
  • Opposite situation, too unlawful if for
    benevolent reasons.

New EEOC Enforcement on Disparate Treatment for
  • Stereotypes of men as bread winners can
    further lead to gender-based stereotyping,
    unlawful assumptions about working fathers and
    other male caregivers. Sometimes, employers deny
    male employees opportunities that have been
    provided to working women or subject men who are
    primary caregivers to harassment or other
    disparate treatment.

New Caregiver EEOCs training examples
  • Hostile work environment charged (time off)
  • Eric, an elementary school teacher,
    requested unpaid leave for the upcoming school
    year to care for his newborn son. Although the
    school allows up to one year of unpaid leave for
    various personal reasons, including to care for a
    newborn, the Personnel Director denied the
    request. Eric pointed out that women were granted
    childcare leave. The Director said, Thats
    different. We have to give childcare leave to
    women. He suggested that Eric request unpaid
    emergency leave, limited to 90 days.
  • Violation of Title VII. The employer denied
    a male employee a type of leave, unrelated to
    pregnancy, granted to females.

New Caregiver EEOCs training examples
  • Hostile work environment charged (disparate
  • After Adam (supervisor) learned that the
    wife of Martin (his employee) had severe multiple
    sclerosis, Martin was removed from team
    projects. Adam said coworkers did not think
    Martin could complete his work considering his
    wifes medical problems. Adam began requiring
    Martin to follow company policies that other
    employees were not required to follow requesting
    leave at least a week in advance except for
    emergencies. Martin complained several times to
    upper management the employer did nothing.
  • Martin filed an EEOC charge. The
    investigator determined that the employer was
    liable for harassment on the basis of Martins
    association with an individual with a disability.

Judicial Branch
  • US Supreme Court (future session)
  • Case to decide if co-worker testimony is to be
    excluded from a jury trial to prevent prejudice
    against the employer
  • (Past Decisions)
  • US Supreme Court ruled on June 11th that domestic
    service exemption applies to agency home health
  • 5th Circuit (Police case that determined paid
    administrative leave might sometimes be an
    adverse retaliatory action.)

Judicial Branch
  • Employee fired after complaining about
    employer-sponsored spiritual practices prevailed
    on his religious discrimination claim in a case
    before the 8th U.S. Circuit Court of Appeals.
  • A Federal district court ruling overturns
    controversial immigration ordinances enacted by
    the city government of Hazleton, PA. This sets a
    precedent for striking down local laws on this
    issue that have been recently passed.

Judicial Branch
  • US Supreme Court Decision - May 2007 Ledbetter
    v. Goodyear Tire Rubber Co.
  • Landmark case in employment law. The case
    revolved around the statutory time limit for
    filing an employment discrimination claim under
    Title VII of the Civil Rights Act, which requires
    employees to bring such claims within 180 days of
    the alleged unlawful employment action.

Executive Branch
  • 27 June 2007, DOL issued a report on the request
    for information on FMLA. The report has 11
    Chapters with information submitted on areas such
    as the definition of a serious health condition,
    unscheduled intermittent leave, employee rights
    and responsibilities, the medical certification
    and verification process, and the substitution of
    paid leave. Nothing at this time has been done
    to resolve the conflicting interpretations in
    these and many other areas.

Executive Branch
  • 2 July DOLs Office of Labor-Management Standards
    issued a final rule on revisions to the Form
    LM-30 for officer and employees of labor
    organizations who receive payment from employers
    and businesses. The new rule may impact Form
    LM-10 used for employers.

Executive Branch
  • August 2007 Presidential candidates continue to
    debate health care and immigration reform. These
    are two of the top issues being discussed in
    pre-election positions.

SHRM Activism
  • SHRM provides information and recommendations to
  • Our system of government depends on individual
    input from ordinary citizens to work at its best
  • Call, email, or send letters to your Federal or
    State Senators / Representatives
  • Call, email, or send letters to the Federal or
    State Executive Department

  • Information and links are available on the
    Indiana SHRM State Council website

How to network with legislators? How to network
with reporters?
    Webcast.ppt286,1,Slide 1

Magic ElementRelationship Building
  • What is Media Relations? (Proactive)
  • Cardinal Rules (such as be knowledgeable of
    current events and industry trends)
  • What is newsworthy? Remember, news that is
    local, timely, unusual/interesting, about people
    or surprising.
  • Know your story (Three key messages)

Magic ElementRelationship Building
  • How to write a press release
  • Pitch letters
  • Talking to the media
  • - Prepare
  • - Keep language clear and simple
  • - Use relevant examples
  • -Brand your message

Magic ElementRelationship Building
  • Message Delivery Tips
  • - Use flag statements to call attention to
    your message
  • a. The most important thing
  • b. The single thing
  • c. The bottom line is
  • d. The key thing is

Magic ElementRelationship Building
  • Message Delivery Tips (Continued)
  • Bridge to your message
  • a. Let me put it into perspective
  • b. What that means is.
  • c. Let me give you some background
  • d. Whats important to remember

Magic ElementRelationship Building
  • Interview Tips (what clothes to avoid)
  • Body language Tips (use open gestures, etc.)
  • Practice, breathe and relax
  • Remember that you are speaking on behalf of
    your organization.

  • Questions?