HUMAN RESOURCES. HR Forum: Connecting HR Serving the Duke Community. April 8, a.m. Medical Center Boardroom, Duke South

Transcription

1 HUMAN RESOURCES HR Forum: Connecting HR Serving the Duke Community April 8, a.m. Medical Center Boardroom, Duke South

2 What is the HR Forum? The HR Forum is a regular monthly meeting of entity and unit-level HR Leaders from across Duke. Offers a venue to communicate with one another on a wide variety of HR policies, procedures, and initiatives. Goal of the forum is to facilitate a higher level of interaction and understanding among the various HR entities across the Duke enterprise. 2

3 HR Forum Website A secure web site is available to members of the HR Forum. The site will include an archive of the presentations from past meetings. 3

4 Today s Meeting Topics New Race and Ethnicity Code Changes Employee Free Choice Act New I-9 Electronic I-9 and E-Verify Duke Appreciation 2009 Personal Benefits Statement COBRA Changes Economic Stimulus Federal Tax Changes 4

5 Guidelines for Managing & Reporting Racial & Ethnicity Data Addressing Data Requirements of Government Agencies & Institutional Analysis Department of Education (DOE) Equal Employment Opportunity Commission (EEOC) Office for Federal Contract Compliance Programs (OFCCP) 5

6 New Race/Ethnicity Codes On October 19, 2007, the U.S. Department of Education posted to the Federal Register Final Guidance on Maintaining, Collecting and Reporting Data on Race and Ethnicity to the U.S. Department of Education. Educational institutions and other recipients of DOE contracts and grants are required to utilize the new standards and aggregation categories for collection and reporting of racial and ethnic data. Additionally, the guidance provided more accurately captures information about the increasing number of students and employees who identify with more than one race. 6

7 Revised Data Collection Categories The ethnicity question is: What is this person s ethnicity? Hispanic / Latino Not Hispanic / Latino The race question is: What is this person s race? Mark one or more races to indicate what this person considers himself/herself to be. White Black or African American Asian American Indian or Alaska Native Native Hawaiian or Other Pacific Islander 7

8 Reporting Categories (IPEDS) Current New 1) Non-Resident Alien 1)Non-Resident Alien 2) Race & Ethnicity Unknown 2) Race & Ethnicity Unknown 3) Black, non-hispanic 3) Hispanic of any race 4) American Indian/Alaskan Native For non-hispanics only 5) Asian/Pacific Islander 4) American Indian or Alaskan Native 6) Hispanic 5) Asian 7) White, non-hispanic 6) Black or African American 7) Native Hawaiian or Other Pacific Islander 8) White 9) Two or More Races 8

9 Revised Race/Ethnicity Codes Data Collection (Two-Question Format) 1. Are you Hispanic/Latino? (Y/N) 2. How would you describe yourself? Select one or more races: - American Indian or Alaska Native -Asian - Black or African American - Native Hawaiian or Pacific Islander -White Nonresident Alien (neither R nor E required) Unknown Data Reporting (DOE, OFCCP & EEOC) 1. Hispanic/Latino of any race 2. Non-Hispanic/Latino: - American Indian or Alaska Native -Asian - Black or African American - Native Hawaiian or Pacific Islander -White -Two or More Races Nonresident Alien (neither R nor E required) Unknown 9

10 Reporting Race/Ethnicity Data External Federal/State Agencies Department of Education Office of Federal Contract Compliance Programs (OFCCP) State and Federal Agencies Contracts and Grants Regulatory Analyses; Internal Audiences Administration Board of Trustees 10

11 Groups and Data Collection Points Students Student Services Admissions Surveys Financial Aid Faculty and Staff Applicants Human Resources and Academic Departments/Schools New Hires Human Resources Surveys DU and DUHS entities Vendors Procurement 11

12 Regulatory Considerations Encourage self-identification Allow respondents to select more than one racial or ethnic designation - focusing first on ethnicity and second on race Encourage, but not require re-identification of current workforce/students Individuals not providing information are reported as Race and ethnicity unknown All original individual responses must be maintained for a minimum of three years. Employees identifying Two or More Races to be counted as minorities 12

13 Regulatory Considerations Racial or ethnic sub-categories of the two-part question may be used if the institutions deem such distinctions valuable. No multiracial or other race category. Respondents may report more than one race by selecting multiple race categories. Allow collection of more detailed demographic data for research, statistical analysis and selfmonitoring. Single overall minorities placement goal for affirmative action purposes. 13

14 Implementation Schedule and Plans Mandatory for Fall Enrollment and Human Resources - Jan for faculty and staff Optional for Completions,12 Month Enrollment and Graduation Rates (students) and Beyond Mandatory for all reporting Tentative Plan - Summer/Fall 2009 Survey Opportunity to change R/E designation Conversions and Crosswalk 14

15 Discussion, Questions, and Comments Interesting Reading: Racial Identity and Government Classification: A Better Solution Office for Institutional Equity 145A Trent Drive, Box

16 Employee Free Choice Act (EFCA) Overview/Awareness Supervisor Engagement 16

17 Employee Free Choice Act at a Glance Organized labor s number one legislative priority Amends the National Labor Relations Act to change how employees choose to join a union Introduced in both the House and Senate on March 10,

18 Employee Free Choice Act provisions What would EFCA mean for HR professionals? Card checks Requires NLRB to certify that a union has obtained signed authorization cards (card checks) from a majority of the relevant collective bargaining unit Bargaining Once a union is designated as the representative, employer and union are allowed 90 days of collective bargaining Mediation If employer and union are unable to reach a contract within 90 days of negotiations, EFCA refers the negotiations to the Federal Mediation and Conciliation Service for 30 days of mediation Binding arbitration Arbitrator would write a first contract that dictates all workplace terms and conditions 18

19 Employee Free Choice Act provisions What would EFCA mean for HR professionals? Damages - Requires treble damages for employers for terminating or retaliating against an employee for union organizing efforts Fines employers up to $20,000 for the following new violations of National Labor Relations Act: threatening to close a facility or move business operations out of the country; modifying employee s pay, assignments or work schedules because of activity during a union drive; prohibiting employees from wearing union campaign buttons or other paraphernalia 19

20 Additional Labor-related Developments Recent Executive Orders: What would EFCA mean for HR professionals? EO 13502: Use of Project Labor Agreements for Federal Construction Projects EO 13494: Economy in Government Contracting EO 13496: Notification of Employee Rights under Federal Labor Laws EO 13495: Non-displacement of Qualified Worker under Service Contracts 20

21 New I-9 Electronic I-9 and E-Verify 21

22 I-9 Changes: New form mandatory Thru April 2, 2009 employers may accept: Expired U.S. Passport Expired List B Documents (if they reasonably relate and appear genuine) Starting April 3, 2009 ALL expired documents will be considered unacceptable for Form I-9 purposes. List of acceptable documents changing slightly (list attached to I-9) Form already available on HR website and linked to iforms. 22

23 Homeland Security: New I-9 Wants to ensure that documents presented for use in the form I-9 process must be valid and reliably establish both identity and employment authorization 23

24 Electronic I-9: Proposed Strategy to meet all current and emergent requirements. Find a more accurate and efficient way of obtaining employment data at the point of hire and speed the hire process. Cut down on paper transactions and storage. Improve our audit capability. 24

25 Electronic I-9: How Departments will continue to initiate the I-9 Single log-in point of entry and easy to use web tool Process flow would see little change Conduct Pilot in centralized areas Develop Training events and documentation Will include on-line training component 25

26 E-Verify Federal employment authorization system Confirms work authorization with DHS and SSA Currently scheduled for Federal contracts signed after May 21 Likely to be mandatory for all of Duke by 2010 Happens in first 3 days of employment with I-9. Can not be used to pre-screen candidates. Training will be necessary. All employees either confirmed or tentative non-confirmed. 26

27 E-Verify: If Employee not confirmed Contested - given a referral letter to either Social Security Administration or Department of Homeland Security Employee must contact SSA (at a field office) or DHS (via telephone) within 8 federal government working days While non-confirmation is pending, employee continues to work. Employee could choose not to contest the finding resulting in (probable) termination. 27

28 E-Verify: Long-term May 21* e-verify date, more info to follow 90 days after federal contracts signed January 2010 for all (pending legislation) Will be put into i-form workflow With background checks With e-verify (if necessary) With electronic I-9 28

29 Basic information from the I-9 is transcribed (manually or electronically) to the E-Verify platform. 29

30 If a NONCONFIRMATION occurs, a letter must be printed and given to the employee with specific instructions on how to contest and remedy their record. No other action should be taken by the employer at this point. 30

31 Duke Appreciation

32 Changes for 2009 Balance the economic environment with the need to celebrate our many accomplishments. Thinking more creatively about how to show appreciation without adding to budget woes. New this year: Recognizing co-workers using blog: Who do you appreciate at Duke and why? Family Day at the Nasher Museum of Art. Duke Gardens Anniversary celebration with face-painting and live music. 32

33 Changes for 2009 Continuing many traditional events: Night of Duke Stars Family Fun Run/Walk Duke Night Out at Local Restaurants (expanded) Duke Family Night at Durham Bulls Athletic Park Changes to others: Music on the Quad vs. Lunch on the Quad Employee Kick-Off Celebration vs. Family Fun Day Elimination of gift for all 30,000+ employees 33

34 Personal Benefits Statement 34

35 Personal Benefits Statement Distribution in early May. Provides an opportunity to engage employees in discussion of Duke s investment in pay and benefits. Understanding Duke s investment in total compensation is especially important during these challenging economic times. 35

36 Manager s Role Use Personal Benefits Statement as an opportunity to talk about Duke s investment in total compensation. Help shape perceptions among staff about pay and benefits. Correct misperceptions and inaccurate statements. 36

37 COBRA Changes 37

38 COBRA Changes COBRA changes: Effective March 1, 2009 and Retro to Sept 1, COBRA provisions in American Recovery and Reinvestment Act (ARRA) are biggest expansion in history of COBRA law. Impacts those involuntarily terminated on or between September 1, 2008 and December 31, Entitles premium assistance for up to nine months (if the individual is eligible and elects COBRA coverage). Individuals receive a subsidy from the employer equal to 65% of COBRA premium. Subsidy is prospective and only for coverage starting on or after March 1,

39 COBRA Changes Duke must re-notify all who were involuntarily terminated from September 1, 2008 to present (Includes those who either did not elect COBRA or who elected COBRA and terminated coverage prior to passage of the provision) Notices must be provided as individuals are involuntarily terminated. Duke will be reimbursed by the Treasury Department for the 65% premium subsidy by a payroll tax credit Reimbursement requires that Duke provide proof of involuntary termination and other supporting documentation for each covered employee. Critical for departments to: Process all termination notices on last day worked AND Accurately code termination notices 39

40 Economic Stimulus and Federal Tax Changes 40

41 ARRA Job Opportunities 41

42 Federal Tax Table Changes for 2009 As a result of the American Recovery and Reinvestment Act, the revised federal tax tables have been implemented. Some employees will have less federal tax withheld based upon marital status for tax purposes and income levels. Employees who are Nonresidents for US Tax Purposes will have additional withholding. 42

43 When will the changes be effective? Biweekly employees will see the changes reflected in the payroll checks/vouchers dated April 10, Monthly employees will see the changes in the payroll checks/vouchers dated April 24,

44 How can employees make sure they have enough federal taxes withheld for 2009? Employees who have more than one job or who claim married may choose to submit a new IRS Form W-4 to claim fewer allowances or invoke additional withholding. You can process these changes using the work.duke.edu website. Specific questions regarding your individual withholding should be directed to individual tax advisors. 44

45 Future Meeting Logistics Announcement will be distributed regarding future meeting dates, times, and locations. 45