Quick Hits - May 29, 2019 - American Society of Employers - ASE Staff

Quick Hits - May 29, 2019

EEO-1 pay reporting update: The Trump Administration is appealing the March 4, 2019, D.C. Federal District Court order that vacated the Office of Management and Budget's August 2017 stay of the pay data collection (Component 2) approved in the Obama-era revised EEO-1 Report, and that reinstated it immediately, as well as the court's April 25 order setting a September 30 deadline to collect at least 2018 pay data. The agency told the court it is on target to start collecting 2017 and 2018 pay data on July 15. The EEOC also advised the court that the agency is currently on track to open the Component 2 data collections for calendar years 2017 and 2018 from July 15, 2019, through September 30, 2019. The agency has also posted a notice on its website that the Department of Justice has filed a Notice of Appeal, but that this action does not stay the district court's order, nor alter employers' obligation to submit pay data.  ASE is sponsoring a Hot Button Briefing Webinar, Understanding and Navigating the Revised EEO-1 Reporting Requirements today, May 29th at 2:00 p.m.  To register click here. Source:  CCH 5/24/19

What? HR and finance at odds? Well over half (64 %) of U.S. businesses say cost reduction is the top challenge they expect to face in the coming year, and less than half (48%) of enterprises can confidently answer questions about whether the right employees are doing the right work to execute business strategies, according to the study, “Making People Count: 2019 Report on Workforce Analytics,” which surveyed companies of over 1,000 employees from a wide variety of industries.  The survey also found that a major gap exists in how well HR and finance collaborate when it comes to workforce planning. Less than a third (28%) of HR and finance departments have shared reporting systems and processes, and only 44% of HR and finance decision makers can confidently say that their workforce is aligned to their operating plan and investment strategy. HR firmly believes workforce planning should be their responsibility (76 %) whereas more than 55% of finance respondents disagree, believing it to be the responsibility of their department.  While 45% of HR leaders believe their rapport with finance is productive, just 2% of finance professionals feel their relationship with HR is collaborative.  Source:  OrgVue

Can anyone retire at some point? Many American households remain financially fragile and uncertain about their retirement prospects despite a booming job market that is lifting wages, according to a Federal Reserve survey.   One-quarter of working individuals say they have no retirement savings at all, the survey said, and 44% worry that their saving isn’t on track. Among younger workers, aged 18 to 29, 42% have nothing set aside, and only 26% believe they are adequately prepared for retirement. Households are also struggling to cover their day-to-day expenses, the survey found, with 17% saying they wouldn’t be able to pay all their bills during the month of the survey. In most cases, that means they expect to forgo making part of their rent, mortgage, credit card, or utility payments. Roughly a quarter of adults skipped medical care in 2018 because they were unable to pay, and about 40% have unpaid debt from unexpected medical bills incurred last year.  Almost 40% of Americans said they don’t have enough cash on hand to cover an unexpected $400 expense. In most cases, they said they would rely on credit-card balances or loans from family and friends.  Financial wellness programs should be a priority for HR.  Source:  Wall Street Journal 5/23/19

Majority of workers save vacation time for summer:  Workers plan to take an average of 10 vacation days this year, according to a Robert Half (RH) report. 58% of the 2,800 workers polled save vacation time for the summer months of June, July, and August.  The survey also found that few workers plan to take more than 15 vacation days this year.  Cities with the most workers saving time for vacation are Los Angeles (74%), New York and Detroit (tied at 71%), and Miami (69%).  Most workers plan to take either one to five or six to ten vacation days, RH said. Broken down by gender, the poll found that 30% of women and 28% of men planned to take 6-10 vacation days, and men tended to choose moderate or high vacation day ranges, in general.  Why is vacation time valuable to both organizations and employees?  Read this week’s EPTW article on the topic. Source:  HR Dive 5/23/19

OSHA updating standards to include robotics:  OSHA’s Lockout/Tagout standard currently requires that all sources of energy, including energy stored in the machine itself, be controlled during servicing and maintenance of machines and equipment using an energy-isolating device (EID). But control circuit type devices are specifically excluded from OSHA’s definition of an EID. Because of technological advances since the standard was issued in 1989, OSHA has recognized that control circuit type devices may be at least as safe as EIDs. OSHA requests information, data, and comments that would assist the agency in determining under what conditions control circuit type devices could safely be used for the control of hazardous energy. When OSHA adopted the Lockout/Tagout standard in 1989, the agency could not have contemplated the recent and rapid advancement in robotic systems. These systems can now move independently and adapt to new circumstances and information in a workplace – machines that “think” while they work. Enforcement of the standard when applied to robotics can have serious consequences. OSHA can penalize “serious” violations up to $13,260 per infraction. An even more significant threat lies not in monetary penalties, but in abatement requirements. If the agency requires a manufacturer to discontinue the use of its robotic systems, such a move could debilitate operations.  Source:  Jackson Lewis 5/21/19

U.S. federal agencies regulatory agendas released: Twice a year, the Executive Branch prepares the Unified Agenda and Regulatory Plan, known less formally as the "Reg Agenda."  This year, the Trump Administration released its Spring 2019 Reg Agenda, in which it details its regulatory priorities for the near term, as well as long-term actions.  The Department of Labor’s Reg Agenda contains many familiar faces:  apprenticeships, the H-visa programs, joint employment, the overtime salary threshold increase, tipped employee regulations, and a wide variety of OSHA initiatives make repeat appearances on the agenda.   The Department’s long-term action list—which identifies regulatory matters for which the department does not have specific regulatory actions planned in the next 12 months—contains a number of new initiatives, including proposed changes to several key Wage & Hour Division regulations: fluctuating workweek, section 7(i)/commissioned employees, and section 3(m) treatment of board, lodging, and “other facilities” as wages.  The latter two provisions have not been meaningfully addressed in more than 40 years. OFCCP is looking to push TRICARE and certain other healthcare provider regulations (possibly making the moratorium permanent), implementing legal requirements regarding the equal opportunity clause's religious exemption, and procedures to resolve potential employment discrimination.  No substance on any of the proposed rules is known at this time. Source: Seyfarth Shaw 5/23/19

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