In This Issue:

* HR Issues - Joe Stein
* Upcoming Promotions
* Sample Positions Filled using WNYJOBS
* Cast Your Net Wide!

June 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 this decision..

- 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 retirement benefits.

- 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 family.

- 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.



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
Deadline: 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, Non-CDL Drivers

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 ad!


- 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 subject.

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!

image of Joe Stein

Joe Stein
Human Resource Professional

The following has been prepared for the general information of 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 reader.

Feel free to send any
questions or comments: