Labor & HR Committee Update

January 9, 2018

Staff Contact: Frank Kerbein, Director, Center for Human Resources

Hello Everyone:

Below you will find information regarding new developments in human resource management.  Feel free to contact me directly if you would like any additional information or if you would like to discuss potential impacts and compliance strategies. I can be reached on the HR Line (800) 332-2117 or at frank.kerbein@bcnys.org.

Comment Period for Employee Scheduling Regulations Extended

As we discussed in previous updates, the Department of Labor (DOL) has issued proposed regulations that will place additional costs and administrative burdens on employers who rely on flexible scheduling of employees. These rules were published in the State Register on November 22, 2017. Typically proposed regulations are subject to a 45-day comment period. That comment period would have ended today, January 8.

However, at the urging of The Business Council, the Department has extended the comment period until January 22, 2018.

The Business Council based its request for an extended comment period based on recent legislative action.  This past June, the legislature passed Chapter 455, laws of 2017. This law requires a 60, rather than 45, public comment period on proposed rules, and was to take effect October 1, 2017. It would apply to “all notices of proposed rulemaking published in the state register . . .  on or after such date.” The Governor, however, did not sign this legislation until December 13. The Business Council was able to get the DOL to post a new notice of the extended comment period.

The Business Council will hold off on submitting our comments to allow our members more time to help us craft those comments. You can find a copy of our DRAFT comments here

We urge all employers to submit comments they may have on these important proposed regulations. The Business Council continues to oppose new mandates on employers that would increase costs and administrative burdens. On January 4, we testified at a joint hearing of the Senate Standing Committee on Commerce, Economic Development and Small Business and the Senate Administrative Regulation Review Commission. You can find our testimony here.

Next Webinar

These one hour webinars are designed to cover hot topics in human resource/labor management and to keep you apprised of what’s going on legislatively.  Each of these has been approved for 1-hour of HRCI credit.  Our next webinar is:


Unlawful Workplace Harassment
It’s all over the news. Harassment in the workplace is illegal discrimination. We’ll review the legal environment, what constitutes harassment, and what your obligations are as an employer.

Date: Thursday, January 25, 2018
Time: 11:00 am - 12:00 pm
Cost: Free to Business Council members / $49 for non-members
Presented By: Frank Kerbein, Director of the Center for Human Resources
The Business Council of New York State, Inc.

Information and on-line registration for this and future labor/HR webinars is available here.

In addition, we will have a PFL Q&A webinar on January 18, 2018.  Click here to register!