CLA Call: Making Plans for the Transition

1. CLA Call:Making Plans for the Transition December 4, 2008

2. The 2008 Elections: HR Public Policy in the New Congress and Administration Obama cabinet nominations Sen. Hillary Rodham Clinton (D-N.Y.) - State secretary Timothy Geithner - Treasury secretary Robert Gates - Defense secretary Eric Holder - Attorney general Gov. Janet Napalitano (D-Ariz.) - Homeland Security secretary Former Sen. Tom Daschle (D-S.D.) - HHS secretary Gov. Bill Richardson (D-N.M.) - Commerce secretary Rep. Xavier Becerra (D-Calif.) - U.S. Trade Representative Labor secretary? Gephardt? Bonior? Stern?

3. The 2008 Elections: HR Public Policy in the New Congress and AdministrationU. S. House of Representatives U.S. House of Representatives • There are currently 235 Democrats, 199 Republicans. • The 111th Congress will include 255 Democrats and 175 Republicans. Five races are still undecided. • Why important? • Control committees and determine focus • Control Rules Committee and the floor • Need 2/3 of House to override a veto

4. The 2008 Elections: HR Public Policy in the New Congress and AdministrationU.S. Senate U.S. Senate • There are currently 49 Democrats, 49 Republicans, and 2 Independents. • The 111th Congress will include 56 Democrats, 41 Republicans, and 2 Independents. One race (MN) is still undecided. • Why important? • Control committees and determine focus • Magic number in Senate is “60” to defeat a filibuster.

5. The 2008 Elections: HR Public Policy in the New Congress and AdministrationU. S. House of Representatives

6. The 2008 Elections: HR Public Policy in the New Congress and AdministrationU.S. Senate

7. The 2008 Elections: HR Public Policy in the New Congress and AdministrationKey HR Issues Key Federal HR Issues • Labor-Management Relations • Civil Rights Protections • Workplace Flexibility/Leave Benefits • Immigration Reform/Employment Verification • Health Care Reform

8. The 2008 Elections: HR Public Policy in the New Congress and Administration Labor-Management Issues Labor-Management Issues • Employee Free Choice Act: Effectively eliminates secret-ballot elections and allows simple “card-check” process to determine union representation. Also mandates 120-day collective bargaining timeline. • RESPECT Act: Narrows the definition of “supervisor” under the NLRA to allow manager-level employees to join unions.

9. The 2008 Elections: HR Public Policy in the New Congress and Administration Civil Rights Issues Civil Rights Issues Lilly Ledbetter Fair Pay Act: Clarifies that a discrimination compensation decision occurs each time compensation is paid, not when a supervisor establishes the compensation rule. Paycheck Fairness Act: Amends the Fair Labor Standards Act to provide new remedies for victims of discrimination in the payment of wages on the basis of sex. Employment Non-Discrimination Act: Would prohibit employment discrimination on the basis of sexual orientation.

10. The 2008 Elections: HR Public Policy in the New Congress and Administration Workplace Flexibility/Leave Benefit Issues • Workplace Flexibility/Leave Benefit • Healthy Families Act: Requires employers with 15 or more employees to provide 7 days of paid sick leave. • Family Leave Insurance Act: Provides 8 weeks of paid leave to employees for leaves permitted under the Family and Medical Leave Act.

11. The 2008 Elections: HR Public Policy in the New Congress and Administration Comprehensive Immigration Issues Immigration Reform • Employment Verification E-Verify Extension • Continuing Budget Resolution included an extension of E-Verify until March 6, 2009. • The expiration provides the opportunity for a further expansion of the E-Verify program. • Federal contractor requirements

12. The 2008 Elections: HR Public Policy in the New Congress and Administration Health Care Reform Issues • Health Care Reform Issues • Obama aims to require all children to have health insurance, and employers to offer employee health benefits or contribute to cost of the new public program. • Expand Medicaid and SCHIP. • Create the National Health Insurance Exchange through which small businesses and individuals without coverage could enroll in a new public plan.

13. New and Improved: SHRM Website 2.0

14. Governmental Affairs Becomes Advocacy

15. The New Government Affairs Area: ADVOCACY

16. Post-Election Outlook: HR Public Policy Issues for 2009 ELECTION 2008 The SHRM Post-Election Outlook examines the outcome of the 2008 election and what it will mean for HR issues in 2009.

17. Get Involved

18. Legislative Leaders’ Resource Page Under the Get Involved tab select Legislative Leaders’ Resource Page to gain access to request assistance from SHRM or to request a member of the Govt. Affairs team.

19. Pending Legislation Report Under the Advocacy tab select Public Policy Status Reports to access the Pending Legislation Report

20. Pending Legislation Report The Pending Legislation Report provides valuable state-by-state information and allows you to effectively take action on important HR Issues.

21. 2009 SHRM State Public Policy Priorities • Weapons in the Workplace • Immigration Reform • Paid Leave/Mandated Benefits • Fair Share/Name & Shame Health Care Reform

22. 2009 SHRM State Public Policy Priorities Weapons in the Workplace • Eight states (Oklahoma, Minnesota, Alaska, Kentucky, Kansas, Georgia, Florida, and Louisiana) have enacted into law varying proposals that restrict an employer’s right to enforce a no-weapons-on-company-property policy. • The Oklahoma and Florida statutes are subject to litigation, of which SHRM is a part. Other states, particularly in the Midwest and South, are expected to consider this legislation in future sessions.

23. 2009 SHRM State Public Policy Priorities Immigration Reform • On the national front, it is unlikely the 111th Congress will consider comprehensive immigration reform in 2009. However, it’s questionable whether enforcement efforts by ICE and DHS under an Obama Administration will be as forceful as they have been under the current administration. • Look for state legislatures in the South and the Midwest to continue to push immigration reform, focusing on enhanced employer sanctions and mandating the use of E-Verify.

24. 2009 SHRM State Public Policy Priorities Paid Leave/Mandated Benefits • As states face looming budget deficits and economic shortfalls in 2009, the state legislatures will likely look to Congress to fashion a comprehensive paid family leave solution. • President-elect Obama campaigned on this issue. If Congress fails to move some form of paid leave proposal in 2009, look for Democrat-controlled states (such as New York and Oregon) to move legislation next session.

25. 2009 SHRM State Public Policy Priorities Health Care Reform • With widespread budget shortfalls projected in 43 of the 50 states, health care reform in 2009 is less likely to be a forefront issue in the states. • President-elect Obama made health care reform a central part of his campaign and many state legislatures will look to him and the Democrat-controlled Congress to tackle this important issue. However, budgetary shortfalls are a reality on both the federal and state levels. Look for the new administration to work with states interested in exploring creative ways to attack this problem.

26. 2008 Legislative Scorecard

27. 2009 SHRM Chapter Achievement Plan – NEW! Governmental Affairs Core Leadership Area Relationship Building _____ Adopt and implement SHRM’s 2009 governmental affairs goals. ______ Encourage chapter members to complete the “HR Advocacy” Questionnaire by February 15, 2009.  (The questionnaire will be developed by the SHRM Government Affairs Department.)  This carries one bonus point! Information Sharing _____ A chapter representative will attend the SHRM Legislative and Employment Law Conference and participate in the Capitol Hill Advocacy Day. _____ Present, at least quarterly, a legislative update at chapter meetings. _____ Provide, at least quarterly, a legislative update in the chapter newsletter. _____ Chapter representative(s) will participate in at least one SHRM Governmental . Affairs CLA conference call and report back to the board/chapter. _____ Participate in a SHRM volunteer leader Governmental Affairs CLA webcast or view an archived webcast and report back to the board/chapter.

28. Overview of SHRM’s Government Affairs Program Member Advocacy Program Member Advocacy Program • HRVoice • Member Alerts • Relationship Building Activities • Day Inside the Beltway (DITB) • Day Inside the District (DITD)

29. Overview of SHRM’s Government Affairs Program HR Voice Letter Writing

30. Overview of SHRM’s Government Affairs Program Member Advocacy Program

31. Day Inside the Beltway (DITB) The "Day Inside the Beltway" program encourages SHRM members to travel to Washington, D.C. for a day of Capitol Hill office meetings. Activities include meeting at SHRM headquarters with SHRM Government Affairs staff, and at the Senate and House of Representatives offices with your chapter members’ respective Members of Congress

32. Day Inside the Beltway (DITB)

33. Day Inside the District (DITD) The “Day Inside the District” program is a local initiative that provides an opportunity to generate interest and support of issues important to the HR professional on a federal and state level. Most members of Congress and state legislators a good deal of time in their home districts and the DITD is the ideal opportunity for relationship building.

34. Day Inside the District (DITD)

35. Overview of SHRM’s Government Affairs Program Relationship Building Activities

36. How You Play a Part Build Relationships Member Advocacy Stay Educated Inform Others

37. Coming Soon • HR Advocacy Questionnaire • Proposed Guidelines for State Councils in Determining Whether or Not to Take a Position on a State Legislative Matter • Who is going to be your new State Legislative Director in 2009?

38. Contact Information Bob Carragher, Manager of Government Affairs robert.carragher@shrm.org 703-535-6268 Bernard Coleman, State Affairs Specialist bernard.coleman@shrm.org 703-535-6214 Recardo Gibson, Member Advocacy Specialist recardo.gibson@shrm.org 703-535-6091 Michael Layman, Manager, Employment and Labor michael.layman@shrm.org 703-535-6058