3.7.19

The Council of Industry’s Collaborative Recruiting Program Is Helping Hudson Valley Manufacturers Find the Talent they Need

“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.”

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How Do Vacation and Sick Leave Buy-Back Programs Affect the Calculation of the Regular Rate for Overtime Purposes?

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.

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New York City and State Expand Protections for Transgender, Non-Binary, Gender Non-Conforming Workers

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.

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NLRB Eases Burden of Demonstrating Independent Contractor Status by Overruling Prior Decision

On January 25, 2019, the National Labor Relations Board issued a decision clarifying the test for determining whether workers are independent contractors or employees. In SuperShuttle DFW, Inc., the Board reversed its 2014 decision in FedEx Home Delivery where it revised the traditional common-law test for determining whether workers are employees or independent contractors. Prior to 2014, the test analyzed whether common-law factors set forth by the Supreme Court showed that the workers had significant entrepreneurial opportunity for gain or loss.

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New York Labor Department No Longer Pursuing Call-In Pay Regulations

After a round of revisions that included several exemptions to the regulations, the NYSDOL has decided to allow the proposed regulations to expire. This development is a relief for employers who would have lost flexibility in scheduling employees and responding to customers’ needs. The proposal also could have had the effect of restricting employers’ willingness to grant employees’ requests for modifications to their schedules or shifts, as doing so might also trigger penalties to employees asked to cover such shifts. The NYSDOL will leave employee scheduling to be determined by employees and employers, at least for now.

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The Magic Question for a Motivating Manufacturing Work Environment

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.

You ask.

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.

Autonomy!

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