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Published on Tuesday, February 6, 2018

Quick Hits - February 7, 2018

OFCCP issued new CSALs as of February 1: A new scheduling list has been compiled by the Office of Federal Contract Compliance for FY2018 using a neutral scheduling process and 1,000 CSALs were mailed to contractor establishments on February 1, 2018 addressed generically to HR Director.  The CSAL is notification to an establishment that has been selected to undergo a compliance evaluation during the scheduling cycle. The list is generated from OFCCP’s Federal Contractor Selection System (FCSS). It is not a letter scheduling a compliance evaluation. OFCCP will begin mailing scheduling letters on March 19, 2018.  Contractors are required to submit their Affirmative Action Program (AAP) 30 days after receiving the scheduling letter.  This data collection is approved by OMB under the Paperwork Reduction Act. No more than 10 establishments of a single contractor are placed on the scheduling list. No more than four establishments of a single contractor are placed in a single district office. No establishment with review closed in the last five years is placed on the scheduling list. It is recommended that federal contractors notify their facilities to be on the lookout for one of these letters and to forward it to the proper personnel immediately, so the preparations can start for the impending audit.   Source:  OFCCP, Jackson Lewis 2/6/18

New HRCI exams starting August 1: HRCI has published the 2018 PHR and SPHR Exam Content Outlines, defining the current state of key HR functional areas and competencies required of professional and senior-level practitioners. The exam content outlines are the result of a rigorous 2017 practice analysis study, in compliance with certification industry standards, to identify current HR practice in the United States. While a practice analysis is performed periodically for all HRCI credentials, exam content is frequently updated by HR experts to reflect changes in practice and compliance. The 2018 PHR Exam Content Outline reflects greater emphasis on the HR professional's role in the employee experience as well as the business decision-making process and use of data to make well-informed decisions. It outlines five functional areas for HR practitioners in management or professional-level roles: business management, talent planning and acquisition, learning and development, total rewards, and employee and labor relations.  The 2018 SPHR Exam Content Outline reflects an increased emphasis on a senior HR professional's responsibility for developing workforce strategies that are aligned with desired business outcomes. Its five functional areas are leadership and strategy, talent planning and acquisition, learning and development, total rewards, and employee relations and engagement.  For anyone preparing to take either exam, please visit our sister site for online prep course registration.  The next class begins February 13.  Source: Ford & Harrison 1/25/18

NAFTA negotiations coming along slowly: The top trade diplomats for the United States, Canada, and Mexico said Monday they had made progress in talks toward a replacement for the North American Free Trade Agreement. But the three countries remain divided over several core issues that are essential to President Trump’s demand to rewrite the existing deal to benefit U.S. workers. “We believe that some progress has been made, but we are progressing very slowly,” said Robert E. Lighthizer, the U.S. trade representative, who spoke alongside Canadian Foreign Affairs Minister Chrystia Freeland and Mexican Economy Secretary Ildefonso Guajardo Villarreal. The president in recent weeks has heard from an array of Republican senators and industry representatives who fear he will follow through on his threats to kill the agreement. Up to 1.8 million jobs would be lost if the accord falls apart, according to a study by the Business Roundtable, which represents chief executives from companies such as MasterCard, Johnson & Johnson, and CVS Health. Farm groups also are worried that their customers in Mexico will turn to other suppliers amid continued uncertainty over North American trade rules.  On February 21st ASE will run a Selected Insight focusing on a Cross Border update.  For more details, click here.  Source:  Washington Post 1/29/18

More national employers are no longer asking salary history questions: Amazon and Bank of America are two national employers to ban pay history questions on job applications in order to promote pay equity. Given that the number of jurisdictions banning the pay history question is growing, it appears that national employers will likely not ask the question given the myriad of laws and cost of administering to each jurisdiction’s requirements. 

Right-to-Work laws not going to be impacted by NAFTA negotiations: Reversing the more than two dozen state right-to-work laws likely won't occur as a result of renegotiating the NAFTA trade pact. “We aren't unfortunately able to repeal right-to-work through NAFTA renegotiation,” Representative Sandy Levin (D-Mich.) said during a January 30th news conference at the capitol. “The only way we are going to do that is to elect a Democratic Congress and a Democratic president.” Right-to-work laws have been enacted in 28 states. There's also a national measure being floated in congress.  On the other hand, labor unions have told Bloomberg Law that right-to-work laws create an uneven playing field and could lure some Canadian employers to move production to the U.S.  Source: BNA 1/30/18

An app for reporting harassment: At no cost to employees, businesses pay to use kendr, which is compatible with both iPhone and Android operating systems, as an employee reporting system. Once a company has access to the system, employees receive a notification with an authentication code to download the app directly onto their phones and are then prompted to set up an account.  Workers can choose to remain anonymous or identify themselves and their location and pick from three types of messages: "I have a question," "I have a suggestion" or "I need help." Before they send a question or complaint, which can include images and videos, staff can choose from two to four default managers who receive all correspondences.  From there, employers are notified and can address or relay the question, suggestion, or issue in a window that looks similar to that of a text message, all while maintaining privacy. Kendr app co-founder Beth Schroeder, chair of Raines Feldman LLP's labor and employment practice group in Los Angeles, said in light of the recent headlines about sexual harassment, she no longer needs to explain to others why the app is a necessary risk-management tool for businesses.  Source:  Law360 1/30/18


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