Empower Your Employees With Compliance Publications, Postings

Publications

The Indiana Chamber publishes more than 25 Indiana-specific compliance guides that cover employers’ rights and responsibilities under state and federal laws. These publications will aid your team with compliance issues to avoid costly fines and penalties. Many are also available as ePubs.

One of the most popular is the Employment Law Handbook. The soon-to-be-released 13th edition includes everything employers need to know to stay in compliance with state and federal employment laws.

Among updates:

  • Protections and terms of the new federal Defend Trade Secrets Act of 2016
  • The Seventh Circuit Federal Court of Appeals finding that discrimination based upon sexual orientation violates Title VII of the Civil Rights Act of 1964
  • Updated penalties and fees for immigration violations
  • Changes to the law regarding the employment of foreign nationals and the issuance of visas
  • The National Labor Relations Board’s new decision permitting graduate and undergraduate teaching assistants to unionize

“We want to be the provider for every Indiana business for their employer publications and postings. The Indiana Chamber is the trusted source for that,” remarks Kerri Begley, vice president of business education and events. “We offer a free poster subscription service. Once new postings come out, if you were part of the subscription service, you automatically get that update shipped to you.”

Don’t miss the opportunity to stay informed with mandatory postings on state and federal laws.

Another fall release is the Environmental Compliance Handbook. It contains updated agency contact information, details on the new wastewater management rule, information about biomass and alternative fuels registrations and more.

Sales team veteran Rhea Langdon and new addition Derrence Foster are working hard to connect you with these resources.

To order, access www.indianachamber.com/publications or call Nick at (800) 824-6885.

Tech Talk: Assessing Tech-Based Growth Strategies

High tech job growth

What can state governments do to best facilitate technology-based economic development? New research published in the Journal of Social Science Research suggests it’s the continuity of support more than making the “big splash.” In other words, the steady pace just might win the race.

Kevin Leicht, a University of Illinois professor and study author, says: “You don’t have to necessarily put a huge amount of money into these investments, and most states don’t. But you have to just keep doing it and plugging along and allow for a lot of failure, and in most cases, you’ll get something for it.”

The State Science & Technology Institute offers this summary of the research findings:

For “State Investments in High-Technology Job Growth”, authors Leicht and J. Craig Jenkins of Ohio State University assess two policy frameworks advanced by proponents of technology-based economic development.

A “technopole strategy” seeks to plan and support the growth of high-tech industries in specific locations. The authors suggest that elements of this centralized strategy include high-technology business incubators that provide subsidized R&D space; research parks; subsidized space for high-tech businesses (including seed accelerators); and technology development programs at universities and/or government industry research consortia.

The less centralized “entrepreneurial strategy” seeks to decrease barriers to starting a small business by supporting the development of local networks, entrepreneurs and partnerships. The authors include the following in this framework: public venture capital programs, small business innovation research programs, technology grant and loan programs, and tech transfer efforts.

The authors found Georgia, Pennsylvania, New York and Ohio exhibited the longest record of accomplishment in supporting high-tech policies. Ultimately, they concluded that entrepreneurial policies promote high-technology job growth in regional contexts where there is considerable high-tech employment already, while two policies – SBIR and technology deployment policies – had direct, additive effects on high-tech job growth regardless of agglomeration and location factors.

Although precise annual expenditure data would give a more exact measure of job creation in cost/benefit terms, the authors estimate that one additional year of commitment to technology deployment policies yields about 1,300 additional high-tech jobs and one additional year of SBIR commitment yielded 1,976 additional jobs.

The findings suggest that entrepreneurial programs tend to work best for rural (low population density) states, where those policies may help states play “catch up.” Conversely, the authors find limited evidence that technopole strategies support high-technology job growth net of other factors, though these policies can be effective when coupled with existing high-technology advantages.

The conclusions generally support this commonly heard refrain: It is oftentimes the small and incremental steps, not the massive recruitment/relocation deals, which spark transformative economic development.

Nominate Workplace Safety Champions for 2018 Awards

Do you know what makes someone an “Everyday Safety Hero”? Here are some qualifications to look for:

safety in a warehouse

  • Safety and Health Leadership – Leadership in advocacy of worker safety and health initiatives which are above and beyond the traditional scope of one’s position
  • Innovation in Safety and Health – Development of innovative practices and procedures that reduce occupational hazards or risk
  • Promotion of Teamwork – Encouragement of team safety awareness, communications, and advocacy of safe and healthy workplace
  • Hazard Identification and Correction – Encouragement of improved safety self-audits, incident reporting, and other practices which lead to hazard reduction

If you recognize these traits in someone you know, nominate them for the Everyday Safety Hero award! The awards will be announced during the Governor’s Workplace Safety Awards luncheon at the annual Indiana Safety and Health Conference & Expo on March 14, 2018.

Nominees aren’t required to be safety or health professionals to be eligible; the award is designed to recognize those who are contributing to health and safety excellence in the workplace. Fill out a nomination form here.

Nominations are also open for the 2018 Governor’s Workplace Safety Awards (GWSA). This award recognizes Hoosier workplaces that instill a culture of employee safety and health. All Indiana workplaces are eligible for the awards. To qualify, nominees must be deemed free of compliance disputes concerning all applicable local, state and federal statutes and regulations. Find the application form here.

All submissions are due by January 19, 2018. Download application forms at www.insafetyconf.com/awards.

Senators Discuss Tax Reform, Trip to Indy During D.C. Fly-in

While the irony of timing isn’t lost on anyone, the Indiana Chamber’s annual D.C. Fly-in delegation was in Washington D.C. yesterday while President Trump and several Indiana congressional representatives were in Indianapolis as the President revealed his tax reform plan.

It was an important moment for Indiana to be in the national spotlight as the much-anticipated tax reform plan was revealed. Read Indiana Chamber President Kevin Brinegar’s statement on the reform plan here.

And though some of Indiana’s federal lawmakers were in Indianapolis, both of Indiana’s senators were able to return in time to attend the D.C. Fly-in dinner and address over 100 Hoosier business leaders about their trip with the President.

Senators Joe Donnelly and Todd Young  discussed the potential for bipartisan agreement on tax reform (and a “sweet” treat Donnelly brought with him from Air Force One):

Additionally, one of the Senate’s leading tax experts, Sen. Rob Portman (R-Ohio), shared his perspective at the D.C. Fly-in dinner. Here are a few of his comments to the group, on the “positive list” of reforms included in the President’s tax plan:

We’ve been keeping you updated on social media (find us on Twitter at @IndianaChamber or follow #ICCinDC, and on Facebook at www.facebook.com/indianachamber/).

Thank you to all our event guests and sponsors for the 2017 D.C. Fly-in, including Build Indiana Council, Legislative Briefing sponsor; Allegion, cocktail reception sponsor; and Zimmer Biomet, dinner sponsor.

Talented Employees Seek Out the Best (Places to Work in Indiana)

Job seekers use many tools for finding employment. And talented employees who know they deserve to work for the best companies around are using the Best Places to Work in Indiana list to enhance their searches.

Using comprehensive employee surveys and employer reports as the determination for inclusion in the list, the Best Places to Work in Indiana program promotes and celebrates the top employers in the state of Indiana.

Our Tom Schuman gives a two-minute look at a few benefits of participating, including how the “Best Places to Work in Indiana” designation can enhance your search for talented employees.

Applications are now being accepted for the 2018 program at www.bestplacestoworkin.com. Don’t wait long; the deadline to apply is Friday, November 17.

Commentary and Background on the DACA Decision 

President Trump announced last week via U.S. Attorney General Jeff Sessions that he is ending the Deferred Action for Childhood Arrivals (DACA) program that President Obama instituted in 2012 by executive order. DACA allows for certain illegal immigrants who entered the country as minors to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit.

Under this decision, the U.S. Department of Homeland Security will rescind the executive order that established DACA and not accept new program applicants. It puts 800,000 “dreamers” (including an estimated 10,000 Hoosiers) – children who arrived in the U.S. illegally with their parents at a young age – into legal limbo until it takes effect March 2018. This is an unfortunate turn of events for a demographic group where 90% are either in college or working.

As a result, 15 state attorneys general (all Democrats) filed suit this week to block the President’s plan to end DACA.

During the announcement, Sessions commented that actions under the Obama administration were unconstitutional and that the program should be enacted by Congress. Even Sen. Dianne Feinstein (D-CA) implied that President Obama’s executive order to protect young immigrants brought here as minors was on shaky legal ground and that is why Congress must act.

Over the next six months, President Trump is counting on Congress to do just that and essentially fix the DACA situation once and for all.

The Indiana Chamber believes lawmakers must address the issue as part of a larger immigration reform package, but it remains unclear whether both sides can compromise to reach a solution. Some are adamant that they will not accept any deal to fund even small amounts of a border wall or increased immigration enforcement, and cuts to legal immigration would be unacceptable. Other members of Congress are saying you need to pass this as part of border security, while a contingent believes you need to pass this on its own – which makes the possibility of its success very difficult.

On Wednesday, Sen. Tom Cotton (R-AR) said he was open to adding legal status for DACA recipients to his RAISE Act legislation – the goal of which is to build a skills-based immigration system similar to Canada or Australia while decreasing the amount of legal immigration overall.

Indiana’s senators Joe Donnelly and Todd Young reacted to the DACA news.
“Our country is still in need of reforms to fix our immigration system and strengthen border security, but in the interim we should pass bipartisan legislation to give these young people, who were brought here through no fault of their own, some stability and clarity,” Donnelly said.

“Upending existing protections for the nearly 10,000 young people in Indiana who have been here for most of their lives isn’t the path we should take.” Young stated: “I continue to believe we must secure our southern border and fix our broken immigration system. Irrespective of (the Trump) announcement, that requires a bipartisan solution in Congress that reforms our legal immigration system, prevents illegal immigration and addresses the question of what to do with undocumented men, women and children already here.”

BACKGROUND

So how did we get to this point with DACA and immigration? It’s been many years in the making. Attempts to address illegal immigrants who entered this country as minors date back to as early as 2001.

In 2007, the DREAM (Development, Relief and Education for Alien Minors) Act was introduced in the Senate. The Act allowed for a process by which qualifying alien minors would first be granted conditional residency. Eventually, by meeting further qualifications, permanent residency status could be obtained. It failed to be brought up in debate for lack of a filibuster-proof 60 votes. In 2009, it was reintroduced in both the Senate and House, and provided for qualifying immigrants who were between the ages of 12 and 35 at the time of enactment; who arrived in the U.S. before 16 years of age; resided continuously in the U.S. for five years; graduated from high school or obtained a GED; and were of good moral character. The bill continued debate into 2010 when the House passed a version, but the bill again failed to reach the 60-vote threshold in the Senate. Unsuccessful attempts were made in 2011 as well.

As a result of Congress’ inability to pass legislation, the Obama administration by executive order implemented the policy position of DACA in June 2012.
In 2013, the U.S. Senate’s “Gang of Eight” passed a comprehensive immigration reform bill in the Senate. In 2014, the House indicated it had the votes to pass the bill. However, when House Majority Leader Eric Cantor lost his primary election, House Speaker John Boehner announced that the House would not bring the bill to a vote. As a result, President Obama promised to fix the immigration system as much as possible on his own without Congress and attempted to expand DACA to include the parents (known as DAPA) of these minors. In a memorandum to ICE (U.S. Immigration and Customs Enforcement), aliens without criminal histories were to be made the lowest priority and that illegal immigrants who are the parents of U.S. citizens or lawful permanent residents were to be granted deferred action.

Subsequently, the Texas attorney general – joined by 25 other Republican-led states, including Indiana – sued in federal court in Texas to prevent implementation of the expansion. The case eventually worked its way to the U.S. Supreme Court and in June of 2016, a deadlocked 4-4 decision stated that: “The judgement is affirmed by an equally divided court.”  The ruling set no precedent and simply left in place the lower court’s preliminary injunction blocking the program.

Earlier this summer, on June 15, 2017, then Homeland Security Secretary John F. Kelly signed a memo rescinding DAPA. At that time, it was clarified that the memo did not include DACA and the Trump administration had not decided on whether it would keep that policy in place.

Which brings us to action last week on September 5. Attorney generals from nine states – led by Texas – notified the Justice Department that they would amend the current DAPA lawsuit to include DACA if executive action wasn’t taken by September 5 to phase it out, which prompted the announcement by U.S. Attorney General Jeff Session.

VIDEO: Brinegar Explains School Corporation Size Study

Indiana Chamber President and CEO Kevin Brinegar discusses the recent study from Ball State University’s Center for Business and Economic Research: “School Corporation Size & Student Performance: Evidence from Indiana,” commissioned by the Indiana Chamber Foundation.

Judge Strikes Down Obama-Era Federal Overtime Rules

A federal judge in Texas last week struck down an Obama-era federal rule on overtime pay that would have added to the regulatory burden and increased the salary threshold for overtime-eligible workers – thus increasing employers’ labor costs.

The rule would have made about 4 million people eligible for overtime that were not previously eligible and would have impacted the “white collar exemption” of the Fair Labor Standards Act.

Mike Ripley, Indiana Chamber vice president of health care and employment law policy, pointed to the overreach of the previous administration’s Department of Labor (DOL) rule and that the judge’s decision makes way for more reasonable agreement and discussion between employers and the DOL.

U.S. Chamber of Commerce President and CEO Thomas J. Donohue released this statement about the judge’s decision:

“(The) decision is another victory for the effort to free our economy from the regulatory stranglehold of the last eight years. We have consistently said that the last administration went too far in its 2016 ­overtime rule, and we are pleased that Judge Mazzant granted a final judgment that makes permanent his previous ruling against the overtime rule.

“This means that small businesses, nonprofits, and other employers throughout the economy can be certain that the 2016 salary threshold will not result in significant new labor costs and cause many disruptions in how work gets done. The Obama administration’s rule would have resulted in salaried professional employees being converted to hourly wages, reduced workplace flexibility and remote electronic access to work, and halted opportunities for career advancement. 

“We look forward to working with the Department of Labor on a new rule to develop a more appropriate update to the salary threshold.”

A coalition of national and local business groups challenged the rule in 2016 and the Indiana Attorney General’s office filed on behalf of the state of Indiana.

The Department of Justice this week dropped an appeal to save the rule after the judge’s decision.

We’ve Got New BizVoice For You!

The September/October edition of BizVoice magazine is now live!

We’ve highlighted venture capital, banking/finance/investments and Indiana innovation. Our own Tom Schuman also followed Indiana Congressman Larry Bucshon (R-8th District) for a day in Washington D.C. Read his story and the rest of the new content in the online edition.

You can also subscribe to receive a hard copy every other month.

Brew Up a Formula for Wellness at Annual Summit (Oct. 3-4)

Learn how to combine five key factors to create the perfect Formula for Wellness at your organization by attending the Indiana Health and Wellness Summit on October 3-4, presented in partnership by the Indiana Chamber of Commerce and the Wellness Council of Indiana (WCI).

“It will hit on all elements of wellness: mental, physical, purpose, community and financial,” remarks WCI executive director Jennifer Pferrer. “It’s important that purpose is a focus of the conversation. Connecting employees to purpose allows them to be more balanced in their well-being and more engaged in the workplace.”

The event, which is Indiana’s largest gathering of workplace wellness professionals, will take place at the Hyatt Regency in downtown Indianapolis. Topics include legal updates, engaging the community, using data technology, exploring food deserts and more.

Additional highlights:

Keynote presentation: Changing the World Through Food by chef, author and food equity advocate Michel Nischan (opening general session)

Keynote presentation: Adding More Meaningful Purpose to our Communities Through Sharing Acts of Kindness by former media executive and best-selling author Laura Schroff (morning general session: October 4)

Keynote speaker: Bryan Mills, Alliance for a Healthier Indiana and president and CEO of Community Health Network

Choose Your Own (Wellness) Adventure! A fast-paced session in which attendees can hear four different presenters speak on four topics of their choice.

AchieveWELL Awards Luncheon honoring Three-, Four- and Five-star organizations that have participated in the WCI’s comprehensive assessment and evaluation.

“The mission of the Wellness Council is really built around the wellness conversation around the state and bringing resources together to help organizations learn from each other. The Wellness Summit is a great example of that,” Pferrer adds. “Wellness isn’t a one-time event; it’s a year-round engagement. We’ll be taking what we hear at the Wellness Summit and facilitating discussions through 2018 until next year’s program.”

Register online at www.IndianaWellnessSummit.com or contact Nick at (800) 824-6885.

Delta Dental of Indiana is the presenting sponsor. Platinum sponsors are Gibson, OurHealth and Washington National. Gold sponsors: Apex Benefits and Dental Health Options by Health Resources, Inc. Silver sponsors: Complete Wellness Solutions, Hancock Health, Indiana Vein Specialists, IU School of Public Health – Bloomington, NovoNordisk, PHP and R2 FIT.