One year ago today I published Predictions for HR Compliance in 2015. Let’s see how I did in my predictions.
A quick summary of that post shows what I predicted:
- No new legislation dealing with compliance. While there has been a lot of state activity on minimum wage there has been no move in Congress.
- I said this would be the year of regulation and rules for the NLRB, the USDOL , OSHA and EEOC
How did I do?
On the legislative front I was correct, no new legislation. But that was not a surprise and not a great feat of prognostication on my part.
The regulatory front was much more active and accurate.
- The “quickie election” rule went in to effect in April. There is no way to show causation but in 2015 compared to 2014 there were 234 more elections held (measure for the federal fiscal year October to September) with a 3% increase in the number of wins. Since the new regulation went into effect for only half of the year I would say that might be a significant increase.
- We have seen continued rulings of social media cases, with some of them producing astounding results. See LRB Social Media Rules Continue to Surprise as Board Reinstates Employee After Calling Boss “Nasty Mother F*****”
- I missed on the institution of the Weingarten Rule for nonunion employers.
- Wage & Hour
- The increased emphasis on misclassification has continued but the numbers of cases continue to grow apace increased from 2014.
- There is little outreach or education for employers.
- Nothing new really occurred other than a new proposed regulation on the importance of recording injuries.
- I had said that there would be an increased emphasis on LGBT cases and there has been with several awaiting decisions in the courts. The EEOC has moved ahead with its decision that no new laws need to be created.
- Federal contractors
- No new rules have gone into effect in 2015, however, new information pieces, posters and handouts have been created to educated employees and applicants on how to turn an employer in for violations.
- Some of the biggest changes I predicted were with states and that did occur with a number of states proposing or passing new minimum wage legislation and signing the MOU with the IRS on employee misclassification.
So with this report card I give myself a B.