2018 -HR ISSUES
If you are like me,
May was filled with family events and yard work, along with the rigors of the
everyday job. It is sometimes hard to keep up with everything that is going on
in Human Resources in order to be completely informed. Because of all that is
happening, we send out a monthly e-newsletter as an easy (we hope!) way to
assist you in keeping up with everything in the HR world.
- In late March, the 5th Circuit Court of Appeals determined that the
Department of Labor (DOL) Fiduciary Rule was not enforceable. The DOL chose not
to appeal this decision, which leaves employers in a bit of limbo regarding this
subject. If you recall, this rule significantly strengthened the fiduciary duty
that retirement plan sponsors held, by placing the focus on providing only
advice that is in the participant's best interest. Prior to the Fiduciary Rule,
the threshold was only focused on providing "suitable" advice, even if other
options have lower fees/costs. Retirement plan sponsors will need to partner
with its advisors regarding how they will apply fiduciary requirements given
- Staying on the subject of
retirement plans, the DOL communicated (on April 23rd) that plan fiduciaries
can't prioritize the social responsibility mission of a mutual fund at the
expense of economic benefits of the plan. It was determined that a plan
fiduciary must always put the economic interest of the plan first regarding
- On May
21st, the U.S. Supreme Court decided (in Epic Systems Corp. v. Lewis) that the
Federal Arbitration Act allows parties to enter into individual arbitration
agreements in which employees must waive their ability to initiate or join a
class action lawsuit.
- On May 21st, the Internal Revenue Service (IRS)
announced the 2019 ACA (Affordable Care Act) affordability threshold. Most
employers use the federal poverty level safe harbor number to determine
affordability, and this will place the maximum employee premium payment for the
lowest-cost self-only coverage option at $99.75 per month. Of course, this
lowest option must meet the ACA's minimum essential coverage. On a related note,
the IRS also announced, for 2019, a significant increase to the allowable
out-of-pocket maximum. For example, for self-only, the limit for the maximum
will go from $7,350 to $7,900.
- Now that it appears the federal
government is done tweaking the Health Savings Account (HSA) for 2018, they have
begun to focus on 2019. The cap will increase $50 for self-only and $100 for
- Employers should consider themselves forewarned. The office of
Immigration and Customs Enforcement (ICE) has announced plans to increase their
employer I-9 audits this summer. ICE has been busy this fiscal year already
reaching the audit number of 2017.
- As we have mentioned in these pages
in previous months, the Department of Justice (DOJ) has announced that they have
active criminal investigations related to employers reaching no poaching or
wage fixing agreements with each other. No poaching references an arrangement
between two employers not to hire each other's employees and, therefore,
chilling the labor market.
- Glassdoor is being bought by Japan-based
Recruit Holdings Co., Ltd for $1.2 billion. The Japanese conglomerate has
continued its job board buying spree, having previously bought Indeed in 2012
and SimplyHired in 2016. Experts predict this consolidation will continue to
drive rates up for these companies.
- File this one
under the most quirky legal decision of the month, as, on April 30th, a federal
judge in Philadelphia ruled that employers can ask candidates for their salary
history, but can't use this information to set pay. The reasoning is that it
would be a violation of the First Amendment's free-speech clause to deny the
ability to ask. No word on why a Hiring Manager would want to ask if the
information can't be used.
HR ISSUES CONTINUED (NEXT COLUMN)
6/8 JOB FAIRS
with extra distribution next week at both the
Lockport Job Fair & Cheektowaga Chamber’s Galleria Job Fair
DEADLINE: Weds 6/6
6/15 & 6/22 ISSUES
Manufacturing / Skilled Trades Feature – gear up for Summer
Vacation Coverages. Run both week’s and save 10%
DEADLINES: Weds 6/13 & 6/20
6/29 & 7/6 ISSUES
Driver Promo – target Over the
Road Drivers off for the July 4th Holiday
Wed 6/27 & Tues 7/3
Here's a Sample of Positions Filled Last Month By Area Employers
Advertising With Us:
Marketing Administrative Assistant, Customer
Service Representative, Call Center Service Rep, Legal Assistant, Resident Care
Aides, LPNs, Medical Receptionist, Automotive Detailers, Bindery Equipment
Operator, Landscape Design Planner, Machinist, Diesel Mechanic, CLD Drivers,
CAST YOUR NET WIDE!
Record Low Unemployment is making Hiring more difficult than ever!
You want to cast your net wider than in the past, to reach the most applicants.
WNY JOBS is making 25,000 papers available every week throughout WNY, plus your
ad appears online for 3 weeks and even gets picked up by some national websites
like Google for Jobs. Call your rep today to place your next
- July 1st is the
deadline to electronically submit your OSHA 300-A with 2017 information. This
requirement is for covered employers with 250 or more employees.
Finally, as a reminder, the state of NY is now mandating, effective October 9th,
that employers provide sexual harassment training and a written policy on the
We have now completed
another update. We encourage you to further research any of the items above that
are of interest to you. See you again in June!
Human Resource Professional
following has been prepared for the general information of WNYJOBS.com readers.
It is not meant to provide advice in regard to any specific legal or policy
matter and should not be acted upon without verification by the
Feel free to send any
questions or comments: