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New Persuader Rules Issued!

They’re finally here:  the DOL’s new persuader rules have been published in the Federal Register and – at first glance – they look pretty bad.  The DOL watered down their proposed rules just a lil’ bit, and even provided a small set of different rules to allow trade associations to engage in certain activity without triggering any reporting requirements, but overall the rules will be a game-changer for most employers.

discussionI’m currently going through the rules with a fine tooth comb (the rules are either 129 or 446 pages long, depending on whether you read the version with small print or the one with a larger font and double spacing).  In a nutshell, the new persuader rule will no longer accept the “accept or reject” test for the “advice” exception.  As a result, persuaders and employers will be required to file a report for “indirect” persuader activities, which could include the following:

  • Planning, directing, or coordinating supervisors or managers;
  • Providing persuader materials;
  • Conducting seminars; and
  • Developing or implementing personnel policies or actions.

It appears trade associations are exempt from the reporting requirements if they (1) host a counter-organizing seminar but bring in outside speakers or (2) simply provide “off the shelf” materials to an employer for a union campaign.  To get a firmer grasp on how these new rules will affect organizations like the Hawaii Employers Council (“HEC”), however, I need to read through the rules and examine them in more detail.

For anybody who wants to read up on the rules, you can view the following:

In addition, HEC will be providing a seminar on May 11, 2016 that will provide an overview of the new rules, a discussion of how the new rule will impact employers, instructions on how to fill out the LM-10 form for employers, and a review of some of the legal challenges that have arisen against these new rules.  That seminar will be available to HEC members only, and on a first-come-first-served basis.

Finally, once I have a chance to read through all the rules, I’ll prepare and send out an article summarizing the new rule – which will also be available only to HEC members.

 
2016 Legislative Forecast

Earlier this week, on Monday, I presented a 1.5 hour webinar that discussed several issues I anticipate will be hot topics during the 2016 legislative session in the realm of labor and employment law.  The webinar was free and available only to members of the Hawaii Employers Council.  This was the fourth year in a row that I conducted this type of webinar before the start of the legislative session.

Although this is an election year, I expect to see lawmakers addressing several significant issues during session.  Such issues will likely include the following:

  • Paid Sick and Safe Leave
  • Expansion of HFLL
  • Wage and Hour Exemptions
  • Expanded Rights for Medical Marijuana Users
  • Increased WC and TDI Penalties
  • NAICS Reporting Requirements
  • PHC Premium Supplementation Fund
  • ACA and Connector Issues
  • Employment Discrimination (in light of the Adams decision)
  • WC and IME’s
  • Social Media Privacy
  • Independent Contractors vs. Employees

Of course, these are just predictions about what we can expect to see during this legislative session.  As anybody who has been through the legislative process surely knows, the only certainty about session is that it will be full of uncertainty.

 
Hawaii Minimum Wage Now $8.50 Per Hour

Happy New Years everybody and welcome back to work!  This is just a quick reminder that the Hawaii minimum wage increased by 75 cents on January 1, 2016, which makes the new minimum wage in Hawaii $8.50 per hour.  The tip credit is still just 75 cents per hour (assuming the tipped employee earns at least $7.00 per hour in tipped income and wages).

Minimum+wage+increase.mgn (1)

In addition, the minimum wage is also scheduled to increase twice more in the next two years.  Beginning January 1, 2017, the minimum wage will be $9.25 per hour and on January 1, 2018 it will increase to $10.10 per hour.

For further discussion on the Hawaii minimum wage or tip credit, you can read a helpful guide issued by the Hawaii Department of Labor and Industrial Relations back in 2014:  DLIR Wage and Hour Notice.

 
HEC 2015 Hawaii State Legislative Update

For 2015, instead of conducting a formal in-person presentation for the Hawaii State Legislative Update, HEC produced a YouTube video that highlights the few laws that were passed this year.  The video is pretty short (~5 minutes) and provides an update on some new labor and employment laws that resulted from the 2015 legislative session.

To view the video, please click on the following link:  HEC 2015 State Legislative Update

In addition, you can obtain the latest version of HEC’s Legislative Digest here:  Legislative Digest after Veto Deadline.

Finally, as always, if you have any questions or comments, please let me know.  Have a great day!

 
Workplace Accommodations Made Easy

Hi Everybody!   I hope you’ve all had a great year so far and have at least some free time to enjoy the Holiday Season!  I can’t believe that it’s Thanksgiving week already.  It seems like the days, weeks, months and years seem to go by so much faster as I get older.  Like the saying goes…

timeflies

Anyway, I wanted to send out a quick blog post to let you all know about an exciting workshop I will be presenting in the first quarter of 2015.  Due to several requests from HEC members, I’ve decided to put together a half-day program discussing the different types of accommodations employers must provide their employees (applicants and volunteers) in the workplace.  The topics of discussion will include accommodations based on disabilities, religion, pregnancy, status as a victim of domestic or sexual violence, and gender identity and expression, as well as others

The seminar will be presented on the following dates and locations.  All sessions will be held from 9 am to 12 noon.  (Click for link to registration form.)

The program will be informative, interactive and (hopefully) fun!  You can register for the event by visiting the training section of the HEC website at http://www.hecouncil.org/all-training.  I hope you can join me and Happy Holidays!