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??RWHRMA Employment Law and Legislative Update: January – April, 2017?By:? Holly Hammer and Ashley Pittman, attorneys at Hutchison PLLC and members of RWHRMA Governmental Affairs teamThe RWHRMA Governmental Affairs team is pleased to bring you the first newsletter of 2017!? This edition recaps some of the key employment law and legislative developments that we have seen in January through April of 2017.?Washington, D.C.?│National Legislative Update?Overtime Rule Delayed?The DOL’s overtime rule, which has set to become effective on December 1, 2016, remains delayed at this time.? As a reminder, this rule would have increased the salary level for white-collar exempt employees from $23,660 to $47,476 per year.? Shortly before the bill became effective, 21 states filed an emergency motion and the U.S. District Court for the Eastern District of Texas issued a preliminary injunction barring the final rule.? The DOL thereafter filed an objection with the U.S. Court of Appeals for the Fifth Circuit which remains pending at this time after the DOL requested several extensions to submit a brief, most recently, until June 30th, 2017. If President Trump’s Secretary of Labor nominee Alexander Acosta is confirmed as the new Secretary of Labor, the DOL may abandon its efforts relative to the appeal and new overtime rule.? Details will follow in the months ahead! ????Health Care ReformThe repeal and replacement of the Affordable Care Act (ACA) was a key initiative of President Trump.? In March 2017, the American Health Care Act (AHCA) was introduced.? It was designed to repeal and replace the ACA, but the Republican party failed to secure enough votes to pass the AHCA in the House and it was withdrawn on March 24, 2017.? Republican lawmakers will likely continue to work behind the scenes to reach a compromise on the AHCA, but for now, Obamacare and the ACA remains the law of the land.?Immigration ReformImmigration reform is a key item on President Trump’s agenda. Since he took office on January 21, 2017, he has issued two travel bans by way of executive orders, both of which were blocked by federal courts. Most recently, President Trump signed an executive order which directs federal agencies to review the H-1B highly-skilled worker visa program in an effort to “crack down” on employer abuse. Any significant changes to the H-1B program will require Congressional approval so the changes to the program remain to be seen.? Other area of focus under the Trump administration include border security, stepped-up worksite enforcement and the increased use of E-Verify by employers.??North Carolina│State Legislative Update?Repeal of HB2House Bill 2, known as “HB2” or the “Bathroom Bill,” was recently repealed and replaced by House Bill 142.? With the repeal of HB-2, private employers are once again prohibited from discriminating because of “sex” versus “biological sex” and the statute of limitations period applicable to a cause of action for wrongful discharge in violation of public policy in North Carolina is once again 3 years instead of 1. The new law also preempts state agencies and entities from regulating certain restroom and public accommodation facilities and prohibits local governments from passing or changing legislation applicable to private employers or public accommodations until December 2020.?Ban the Box LegislationCurrently “ban the box” legislation pending in the North Carolina General Assembly. If passed House Bill 233 would prohibit public employers from inquiring into criminal history on a job application.? While the proposed law would only apply to public employers in North Carolina, it reflects the growing national trend to “ban the box” on job applications, generally.? The proposed bill also incorporates guidance from the EEOC and recommends that the use of arrests and convictions in hiring and employment related-decisions be closely tied and relevant to the position and job duties in question.?Living Wage by 2022Currently, the minimum wage in North Carolina is $6.15 per hour. Senate Bill 210 would increase minimum wage to $8.80 per hour on?January 1, 2018, and would continue to increase minimum wage on an annual basis thereafter so that by 2022 minimum wage in North Carolina would reach $15.00 per hour. It is unlikely that the law will pass as drafted, but proponents hope that it will bring this issue to the attention of the North Carolina legislature since North Carolina is one of the 21 states that has set minimum wage at less than the federally required minimum wage of $7.25 per hour.?Protect North Carolina Workers ActHouse Bill 35 aims to increase the number of employers in North Carolina participating in the Federal E-Verify program.? This bill would apply the E-Verify program to all employers with 5 or more employees in North Carolina except for governmental agencies. Currently, only those employers with 25 or more employees in North Carolina are required to use the E-Verify program. It is unknown if this bill will be enacted, ?since similar bills have been presented and failed to pass in previous years, but it remains an area of focus in the legislature.?Event Update - Day in the District will be held in Raleigh May 10, 2017NCSHRM will hold its annual Day in the District in downtown Raleigh on May 10, 2017. This event is free of charge and participants will receive advocacy training and have the opportunity to meet with legislators from their respective districts. For more information or to register. please go to NCSHRM’s website at? you have a question, are interested in joining RWHRMA’s Governmental Affairs team or have a topic you would like to see covered in the future, please contact a member of RWHRMA Governmental Affairs team, all of whom practice employment law in the Raleigh-Wake community:?Holly Hammer, Governmental Affairs Director and attorney at Hutchison PLLC,?hhammer@?Ashley Pittman, attorney at Hutchison PLLC, ?afelton@?Ashley Felton, partner, Felton Banks PLLC,?ashley@? ................
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