Labor & HR Committee Update
February 9, 2018
Staff Contact: Frank Kerbein
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 firstname.lastname@example.org.
Reminder: It's OSHA Posting Season
OSHA reminds employers of their obligation to post a copy of OSHA’s Form 300A, which summarizes job-related injuries and illnesses logged during 2017. Each year, between February 1 and April 30, the summary must be displayed in a common area where notices to employees are usually posted. Businesses with 10 or fewer employees and those in certain low-hazard industries are exempt from OSHA recordkeeping and posting requirements. Visit OSHA's Recordkeeping Rule webpage for more information on recordkeeping requirements.
Tipped Wage Hearings
On December 17, 2017, Governor Andrew Cuomo announced that the Commissioner of Labor would hold public hearings to examine industries and evaluate the possibility of ending minimum wage tip credits in New York State. You can find information on these hearing here.
The Business Council has registered, and will provide testimony at the Albany hearing on May 18. Please let us know your thoughts on this significant change to the minimum wage order.
Executive Order 162 Final Implementation Plan
The Cuomo administration posted its Executive Order 162 final implementation plan on the Empire State Development web site on Friday, December 22, 2017. The guidance, FAQs and compliance forms are available here.
This order, issued in January 2017, applies to contracts valued over $25,000, or $100,000 for construction contracts, and requires prime and subcontractors to submit detailed reports on compensation paid to employees working on those contracts, broken down by race, gender and occupation.
Significant new or changed provisions in the final plan include:
- Initial reports will be due after the first quarter of 2018, so after April 1, 2018. Agencies are to set specific due dates 7 to 10 days after the end of the quarter, and will have discretion to provide a 30 day extension for initial report.
- Contractors and subcontractors are required to report "gross wages," described as wages reported on employee's wage statements.
- Agencies are given discretion to apply alternative reporting periods, a contractor's role in subcontractor compliance, and other unspecified aspects of reporting.
- The guidance contains several changes specific to construction contracts,
- Wage reporting will be quarterly, not monthly, while pre-existing workforce utilization reports will remain monthly (although the FAQ document still references monthly reports for construction contracts).
- Agencies have discretion to accept certified payroll reports on prevailing wage payments as sufficient to meet the requirements of the EO.
We have been told by the Cuomo Administration that contractors need to work directly with their contracting agency to determine their contract-specific reporting obligations.
Feel free to contact Ken Pokalsky at The Business Council with any questions or comments.
And Now Executive Order 177
Last week, Governor Cuomo signed Executive Order 177, banning all state agencies and authorities from doing business with companies that promote or tolerate discrimination. The Executive Order would prohibit state agencies from entering into contracts with entities that have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their gender identity, transgender status, gender dysphoria or any of the other protected classes. This new policy would apply to all state contracts and contract renewals entered into on or after June 1, 2018.
The Office of General Services and the Division of Human Rights shall jointly issue guidelines no later than May 1, 2018 to assist affected state entities in the process of identifying entities that shall be subject to the restriction. You can read the Executive Order here. The Business Council will work to ensure the proposed guidelines are reasonable and effective.
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:
|Topic:||Paid Family Leave Update
How's it going? We'll talk about challenges that have surfaced since the implementation of PFL and how employers and regulators are reacting to those challenges. We'll be joined by Heather McMasters, Deputy General Counsel of the Workers' Compensation Board to answer your questions.
|Date:||Thursday, February 22, 2018|
|Time:||11:00 am - 12:00 pm|
|Cost:||Free to Business Council members / $59 for non-members|
|Presented By:||Frank Kerbein, Director of the Center for Human Resources
The Business Council of New York State, Inc.
Spring is coming!
Spring will be here before you know it, and the best and brightest college interns will be taken if you don’t start recruiting efforts soon. If you have not had the opportunity to log onto our new intern matching platform, InternShop, check it out today!
InternShop is a FREE benefit for Business Council members that connects students seeking internship opportunities to Business Council members across the State. Our custom developed platform allows students to search internship postings from member businesses and businesses to search for interns from over 70 colleges and universities in New York State.
Webinar for Colleges & Universities
Join us Thursday, February 15 to learn how your students can benefit!
Thursday, February 15, 2018
Webinar for Businesses
Join us Thursday, March 1 to learn how your company can benefit!
Thursday, March 1, 2018
Please be sure to register for the appropriate webinar for your organization!
Director, Center for Human Resources
The Business Council of New York State, Inc.
111 Washington Avenue | Suite 400 | Albany, NY 12210
Tel. 518.455.7180 | Cell: 518.527.0656
email@example.com | www.bcnys.org