Pautsch, Spognardi & Baiocchi Legal Group LLP
Monday Morning Minute
In This Issue
ILLINOIS EMPLOYERS: COMPLIANCE ALERT!
NLRB GC PRMOTES WORKPLACE FREEDOM FOR INDEPENDENT EMPLOYEES
FROM AROUND THE COUNTRY- CALIFORNIA REQUIRING FEMALE BOARD MEMBERS?
LET PSB CONSULTING HELP FOR YOUR HR NEEDS!
                  August 20, 2018
 
COMMON SENSE SOLUTIONS
FOR
YOUR CHANGING WORKPLACE
                      

www.psb-attorneys.com 

 

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ILLINOIS EMPLOYER ALERT!  SECURE CHOICE COMPLIANCE!
By the end of 2019, all private sector employers in Illinois, operating within Illinois for at least two years, and with at least 25 employees will have to comply with the Illinois Secure Choice Savings Program Act (Secure Choice) or offer employees their own 'employer-sponsored' retirement plan. The 'first wave' of Secure Choice is set to begin in November 2018. This first Wave applies to employers with at least 500 employees.  First wave employers have until December 2018 to enroll employees and until January 2019 to start deductions. Employers have until December 2018 to enroll employees; and until January, 2019 to start deductions. Wave 2 begins July 2019 for employers with 100-499 employees; and the third, and last Wavebegins November 2019 for employers with 25-99 employees. Again, Secure Choice applies to Illinois employers that do not sponsor an employee retirement program, such as a pension plan or a 401(k). The program, adopted in 2015, requires employers to automatically withhold five percent of an employee's compensation (up to the annual maximum allowed for IRA contributions each year as provided by the IRS), unless the employee elects a different amount or opts out of the program entirely, and to remit those contributions to the Secure Choice program. It does not require employer contributions, at least initially.
 
Employers who do not comply with the Illinois Secure Choice Savings Program Act may face a penalty of $250 per employee for the first year, and $500 per employee for each subsequent year.
 
For more information about this new program, please contact any PSB attorney. 
 
MAGA:  NLRB GC PROMOTES WORKPLACE FREEDOM FOR INDEPENDENT EMPLOYEES
On August 1, 2018, the General Counsel issued a memorandum requiring Regional Offices of the NLRB to not oppose timely motions to intervene in unfair labor practice hearings by employees who have sought to decertify a union or have circulated a petition that is the basis of an employer's withdrawal of recognition from a union.  While Regions have not opposed intervention in every case, they generally have not been receptive to employee intervention or standing at the hearing.   This GC Memorandum is a constructive instruction of benefit to employees seeking freedom and independence in the workplace.  
 
The scenarios in which an employee has a sufficiently direct interest in the outcome of unfair labor practice hearing to intervene are:
 
·         The Regional Director has dismissed a decertification petition, subject to reinstatement, because the employer is charged with directly tainting the petition's showing of interest, or sponsoring the decertification petition;
 
·         The Regional Director is holding the decertification petition in abeyance based on an assertion that the alleged unfair labor practice caused the disaffection that led to the decertification petition being filed (e.g., a blocking charge that the employer engaged in bad faith bargaining); or
 
·         The employer has withdrawn recognition based upon reliance on an employee's circulation of an informal petition or other documents demonstrating that the union no longer has the support of the majority of employees.   
 
The GC has also instructed its field attorneys that while they should not oppose intervention, they should reserve the right to object if the intervenor employee unnecessarily prolongs the hearing or impedes the General Counsel from presenting its case.   If the Administrative Law Judge denies the motion to intervene, and the employee requests permission to file a special appeal, then Operations Management should be contacted for instruction.
 
This development is beneficial to employees who seek a union-free workplace, as well as employers who respect their employees' lawful desires.  Kudos to PSB Legal's friend and ally, Russ Brown of RWP Labor, who was instrumental in developing persuasive testimony for the April, 2018 hearings on this issue.
FROM AROUND THE COUNTRY:  FEMALE BOARD MEMBERS REQUIRED IN CALIFORNIA? 
California may require companies to have women on their boards.  SB826 which won Senate approval has until the end of August to clear the Assembly.  

The law would require that all publicly held companies headquartered in California have at least one female board member by the end of 2019 and that by  2021:
  • boards with five members must have at least two board members who are female
  • boards with six members must have at least three members who are female

For more information on SB826 click here.  



PSB CONSULTING IS HERE TO HELP! 
Small projects?  Big projects? Transitional needs while you hire your next your Human Resources person?  Or perhaps you are a smaller company that needs only a part time dedicated person to assist you in HR!  
 
Contact PSB Consulting to see how we can help.   We work on a project basis or as an extension of your team.
 
For more information:
 
 
or contact Lisa at lisa@psb-consulting.com

PAUTSCH, SPOGNARDI & BAIOCCHI LEGAL GROUP is a law firm dedicated to finding common sense, affordable solutions for businesses to labor, employment, human resource and general business needs. With over 75 combined years of experience among its 3 founding partners in these areas, we can assist businesses in developing custom solutions to today's tough issues.  And as litigators, who combined have over thousands of trials  "under their belts" before state and federal courts as well as administrative agencies (such as the NLRB) you will find no better advocate and partner. 

 

For more information on the firm, please go to our website at www.psb-attorneys.com or Lisa at lab@psb-attorneys.com