The past few weeks have seen a flow of new developments involving the recently reinstated EEO-1 pay data reporting obligations. And Friday, May 3rd, was no exception. At the same time EEOC was announcing its decision to collect pay data for 2017 as well as 2018, the Office of Management and Budget (OMB) was filing a Notice of Appeal of Judge Tanya S. Chutkan’s Order reinstating the pay data reporting obligation.
When Johnnieanne Hansen began her role as Director of Workforce Development and Apprentice Coordinator for the Council of Industry her first priority was to recruit companies to participate in the newly formed Intermediary Apprentice Program. As she began to pitch the idea she found that many Hudson Valley manufacturers also needed help with recruiting. Thus, in Spring 2018 the Collaborative Recruiting Initiative was hatched.
The Ninth Circuit Court of Appeals refused to dismiss a medical marijuana-using applicant’s disability discrimination claim because he did not state that he actually used marijuana at the time of his interview — even though he provided a copy of his medical marijuana card – and was not subjected to a drug test.
“In my previous positions as a recruiter and corporate trainer I had done some research into Applicant Tracking Systems. It occurred to me that the Council could purchase a subscription and make the service available to participating members.” Hansen said. “Hiring managers get a system where they can post jobs, sort and track candidates and get other resources and support throughout the hiring process. Posted jobs are distributed to over 100 job boards like: Indeed, Hotjobs, Monster, Zip Recruiter, LinkedIn and Glassdoor.”
The U.S. Department of Labor takes the position that under the Fair Labor Standards Act, paid out vacation time does not become part of the regular rate, but paid out sick time does. Under 29 C.F.R. 778.219(a), if an employee “is entitled to a certain sum as holiday or vacation pay, whether he works or not, and receives pay at his customary rate (or higher) in addition for each hour that he works on the holiday or vacation day, the certain sum allocable to holiday or vacation pay is still to be excluded from the regular rate.” Despite this regulation applying to vacation and holiday time buy-back pay, the USDOL takes an opposite view regarding sick leave buy-backs. In 2009, the USDOL released an opinion letter explaining that it viewed sick time buy-back pay as a non-discretionary bonus because of its link to attendance. According to the USDOL, sick leave buy-backs encourage employees “not to use or abuse sick leave, resulting in reduced absenteeism.” Therefore, like attendance bonuses, sick leave buy-back pay must be treated as a non-discretionary bonus and must be included in the regular rate.
Protections for transgender, non-binary, and gender non-conforming employees in New York have been given a boost. Significant changes to the New York City Human Rights Law (NYCHRL) will expand the scope of prohibited discriminatory conduct. Additionally, New York State has enacted the Gender Expression Non-Discrimination Act (GENDA), which went into effect on February 25, 2019.
The question you may be asking is “how do you create that engaged workforce that contributes ideas to the company and is motivated beyond the job they’re being paid for?”
Surprisingly, the answer is simple.
By asking you give your people the one thing that they, and most human beings crave more than anything, even more than more money in their paycheck.
The New York State Manufacturing Alliance, of which the Council of Industry is a founding partner, is focusing on two issues of vital importance to manufacturing businesses across the Hudson Valley and the State – Workforce Development and Taxes. Learn more about how we're advocating for continued support in this post.
The New York State Manufacturing Alliance, of which the Council of Industry is a founding partner, is focusing on two issues of vital importance to manufacturing businesses across the Hudson Valley and the State – Workforce Development and Taxes.
On the Workforce development front, we are advocating for continued support of the P-TECH program, Career and Technical Education programs, and community colleges. Of particular importance to the Alliance is the expansion of the hugely successful Manufacturers Intermediary Apprenticeship Program (MIAP).
On January 15th, Gov. Andrew Cuomo revealed the details of proposed Cannabis Regulation and Taxation Act, which would restrict access to anyone under 21, automatically seal marijuana offenses on a person's criminal record. The proposed legislation would impose three taxes on the adult-use of marijuana, which together would generate roughly $300 million in new revenues for the state by the program's third year. According to Cuomo counties and large cities would be allowed to "opt out" of the retail industry by passing local laws that prohibit marijuana shops from opening within their jurisdictions.
Cuomo has said he supports single-payer at the federal level, but thinks a state-only plan – conservatively estimated to require a $139 billion tax hike – is not practical. Also notably missing from his spending plan was any reform of the notoriously dysfunctional $1.1 billion Indigent Care Pool, which theoretically compensates hospitals for charity care but distributes the money with little rhyme or reason. The health-related proposals the governor did include in his budget were relatively small-bore, such as requiring certain insurers to cover in vitro fertilization, bolstering an existing mandate for coverage of birth control and reinforcing and expanding the state laws that legalize abortion. Meanwhile, his administration’s efforts to control Medicaid costs – a success story in his early years as governor – show signs of falling apart.
In the manufacturing industry, one of the challenges that we all face is attracting quality candidates. Have you ever thought about trying to reach veterans through your candidate search? Did you know that jobs can be made searchable by MOS code? MOS codes are a specific code used in the military that identifies a particular job. Each MOS code has its own job description.
An increase in the minimum wage, intended to eventually bring New York’s state minimum wage to $15 an hour, went into effect on December 31. As a result of a measure signed into law in April 2016, the state will continue to see minimum wage increases implemented on a regional basis. The state’s current basic minimum wage is $10.40 an hour.
Following the trend of other counties and municipalities throughout New York State who have adopted “fair chance” or “ban the box” legislation, the Westchester County Board of Legislators passed a local law on December 3 which would prohibit employers from inquiring about an applicant’s criminal conviction or arrest record in employment applications.
The Council of Industry and Marist College’s Bureau of Economic Research and School of Management along with Ethan Allen Workforce Solutions have compiled and analyzed the results from the 2018 Annual Wage and Benefits survey of Hudson Valley manufacturing companies. Twenty-five companies participated in the survey this year with a combined total of 2,869 reported employees.
Manufacturing Day is the opportunity many manufacturers have been looking for to change the old perceptions about manufacturing and show the public what modern manufacturing really looks like. Find out more about how MFG Day is helping to increase awareness about careers in manufacturing in this post.
Workforce has been one of the top issues for our members recently. The Council of Industry has put together an HR Network meeting to help with recruitment and we are conducting our annual Wage & Benefit Survey to help members see where their numbers fall in comparison to others in the Hudson Valley.