Important Information
Hafa Adai SHRM Guam Chapter Members,
ISSUANCE OF FCHPA RULES AND POSTER
Recently, the Guam Legislature approved the final version of the Fair Chances Hiring Process Act (“FCHPA”) Rules and Regulations. The FCHPA Rules and Regulations became effective on July 26, 2018. A copy of the FCHPA Rules and Regulations are available by clicking here. The Rules and Regulations set forth how the Guam Department of Labor Fair Employment Practice Office (the “GDOL”) will implement and enforce provisions of the FCHPA.
The FCHPA became effective on February 8, 2018. The FCHPA is applicable to employers with more than 15 employees. The FCHPA limits a covered employer’s ability to request information or documentation regarding an applicant’s criminal history until after a conditional offer of employment is made to the applicant, except in limited circumstances. In addition, after the extension of a conditional offer of employment, an employer may only withdraw the conditional offer to an applicant for legitimate business reasons, considering factors stated in the FCHPA. Failure to comply with the FCHPA may result in fines and penalties. Employers covered by the FCHPA are required to post notice of the FCHPA in a conspicuous location in the workplace. A FCHPA Compliance Poster issued by the GDOL is available by clicking here. As the Compliance Poster is subject to change, employers should periodically check the GDOL website for FCHPA updates.
The SHRM Guam Chapter has invited the GDOL to present the approved final FCHPA Rules and Compliance Poster at our November 2018 Breakfast Briefing. Please stay tuned for further information on our November 2018 Breakfast Briefing.
Sincerely,
Dana Gutierrez
VP, Legislative Affairs
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2019 - 2020 SHRM Guam Chapter Election
SHRM Guam Chapter will be conducting elections for the 2019 - 2020 SHRM Guam Chapter Board of Directors.
About the SHRM Guam Chapter Board of Directors
Registration Form
Who Is Eligible For The SHRM Certifications?
https://www.youtube.com/watch?v=rgTBZrSppfE
How Do I Prepare For The SHRM-CP and SHRM-SCP Exams?
https://www.youtube.com/watch?v=T-Og1mNj1dw
Top 5 Ways Your Employer Will Benefit From Your SHRM-CP or SHRM-SCP Certification.
https://www.youtube.com/watch?v=J7NHFHK6rKA
How Do I Maintain my SHRM-CP or SHRM-SCP Through Recertification?
https://www.youtube.com/watch?v=MkqxZEEaJnk
Fair Chances Hiring Act
Proposed Administrative Rules for the Fair Chances Hiring Process Act
Click on the link above to read more!
Bill 179-34
Click on the link to read more!
Article on Public Laws 34-22, 34-40, and 34-41
Click on the link to read more!
SHRM Guam Chapter Receives Prestigious SHRM Award
For Advancing the HR Profession
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Hagatna, Guam, June 19, 2017 - The Society for Human Resource Management (SHRM) recently awarded the Guam Chapter its prestigious EXCEL Platinum Award for the Chapter’s accomplishments in 2016.
The award aligns the SHRM Guam chapter’s activities with SHRM’s aspirations for the HR profession. The award recognizes accomplishments and strategic activities and initiatives that enhance the human resources profession.
“Advancing the human resources profession is a daily mission at SHRM and this chapter’s outstanding work this year contributed significantly to that goal,” said Henry G. (Hank) Jackson, president and CEO of SHRM. “Recipients of this prestigious award are those who show a strong commitment to advancing the HR profession through service to the community, local networking, and professional development activities.”
The EXCEL award can be earned at four levels: bronze, silver, gold, and platinum, and each level has a prescribed set of requirements and accomplishments that must be met. SHRM Guam Chapter has earned and received recognition at the platinum level.
In 2016, 1,286 of Guam’s HR professionals and leaders attended nine SHRM Guam Chapter sponsored training/seminar events to include monthly breakfast briefings and the SHRM Guam Annual Conference. Attendees learned about HR Strategic Planning; Attract, Hire & Retain; Finance for Non-Financial Managers; Employment Law Update; Update on EEOC Laws; USDOL Wage and Hour Division Updates; and Keeping Employees Motivated. SHRM Guam Chapter also fundraised and donated $5,000 to the SHRM Foundation to support professional development activities for HR professionals. For the first time since 2014, SHRM Guam held an HR certification study group and subsidized the cost of the books and the facilitator which resulted in several HR professionals passing the SHRM-CP certification exam. SHRM Guam continues its financial commitment to the UOG SHRM Student Chapter to support student attendance at the SHRM Annual Conference.
For more information about the SHRM Guam Chapter, visit guam.shrm.org.
Media: For more information, contact Rose Morales of the SHRM Guam Chapter at 489-8777 or at roseayuyumorales@yahoo.com.
Federal Court Blocks Department of Labor Regulations that Would Increase Exempt Employee Minimum Salaries
SHRM Guam Chapter Earns Silver EXCEL Award for 2015
The Society for Human Resource Management (SHRM) recently awarded the SHRM Guam Chapter its prestigious EXCEL Silver Award for the SHRM Guam Chapter's accomplishments in 2015.
The award is part of the SHRM Affiliate Program for Excellence, which aligns individual chapters and councils’ activities with SHRM’s aspirations for the HR profession. The award recognizes accomplishments and strategic activities and initiatives that enhance the human resources profession.
“SHRM rewards chapters and councils that demonstrate a strong commitment to advancing the human resources profession through service to the community, local networking and professional development activities,” said Henry G. (Hank) Jackson, president and CEO of SHRM. “Advancing the HR profession is at the heart of what SHRM does and SHRM Guam Chapter's work this year helps us further showcase that mission.”
SHRM Guam Chapter Seeking Sponsors
SHRM Guam Chapter is seeking sponsors for our monthly Breakfast Briefings.
Eye on OFCCP Weekly News Clippings 1/24-30/2016
OFCCP
What's in Store for Federal Contractors in 2016?
Better Data Equals Greater Pay Equality
Department of Justice
Obama Administration Delaying Web Accessibility Rules
Department of Labor
Labor Department to Track Contingent Workers
Equal Employment Opportunity Commission
EEOC Not Liable for Victorious Employer's Legal Fees
What Employers Should Know - Listen to the EEOC
EEOC Announces Proposed Addition of Pay Data to Annual EEO-1 Reports
Individuals with Disabilities
Unemployment Rate for People with Disabilities Declines, SSDI Applications Reach Seven-Year Low
Equal Access to Web Sites: Balancing Aesthetics and Accessibility
Obama Administration Delaying Web Accessibility Rules
Federal Contractors
Federal Contractors and Job Seekers: A Checklist of Career Web site Requirements
Look Before You Leap - Pitfalls and Tripwires Inherent in Government Contracting
News Articles
Labor Department to Track Contingent Workers
Bloomberg BNA Daily Labor Report – January 26, 2016
Labor Secretary Thomas Perez announced in a January 25, 2016 blog post that the Department of Labor (DOL) will begin tracking contingent workers for the first time in over a decade. A contingent worker supplement will be included as part of the May 2017 current population survey. The survey is intended to “…give us reliable, credible insight into what's going on across a range of work arrangements—from independent contractors to temporary employees to workers holding multiple jobs at the same time.”
Wounded Warrior Project Spends Lavishly on Itself, Insiders Say
New York Times – January 27, 2016
One of the country’s largest and fastest-growing charity serving veterans, the Wounded Warrior Project, has some philanthropic watchdog groups questioning some of the lavish spending habits of the organization. Established in 2003, the organization has experienced tremendous growth with 22 locations across the country, taking in more than $372 million in 2015. However, approximately 40percent of funds in 2014 were spent on overhead, a high margin in comparison with other organizations serving veterans. Former employees, many veterans themselves, state the organization was quick to terminate anyone who disagreed with its operations. Steve Nardizzi, CEO of the Wounded Warrior Project states that a lot of funds are spent on fund-raising and other expenses in order to allow the organization to grow and serve more veterans.
Lilly Ledbetter: Time to End the Wage Gap for Women
WZZM 13 – January 28, 2016
Lilly Ledbetter reflects on the progress made in ending the wage gap since the signing of the Lilly Ledbetter Fair Pay Act in this interview. She also discusses additional policy ideas that can address the gap, such as bolstering pay transparency, prohibiting employers from requiring job candidates to provide pay history, and requiring employers to list salary ranges with job postings.
EEOC Not Liable for Victorious Employer's Legal Fees
Bloomberg BNA Daily Labor Report – January 28, 2016
On January 27, 2016, the Federal District Court for the Eastern District of Pennsylvania ruled that the Equal Employment Opportunity Commission’s (EEOC) loss of a discrimination lawsuit did not mean it was responsible for paying the employer’s legal fees (EEOC v. Dart Container Corp. , 2016 BL 21466, E.D. Pa., No. 08-5535, 1/27/16). Dart Container Corporation filed a motion to recoup legal fees when EEOC’s lawsuit was dismissed. The court denied the motion because EEOC had established a prima facie case of discrimination, Dart did make a settlement offer prior to EEOC’s filing of the lawsuit, and the court did not find that the lawsuit was frivolous.
Unemployment Rate for People with Disabilities Declines, SSDI Applications Reach Seven-Year Low
PRWeb – January 28, 2016
On January 28, 2016, Allsup published its disability study (Allsup Disability Study: Income at Risk). The study shows that the unemployment rate for individuals with disabilities was 10.3 percent in December 2015, declined from the December 2014’s unemployment rate. The study examines quarterly unemployment rates in comparison to 2014 and looks at the number of people applying for Social Security Disability Insurance.
EEOC Announces Proposed Addition of Pay Data to Annual EEO-1 Reports
EEOC Press Release – January 29, 2016
On January 29, 2016, EEOC made public proposed changes to the Employer Information Report (EEO-1). This proposal would add aggregate data on pay ranges and hours worked to the information collected, beginning with the September 2017 report. The proposal was published in the Federal Register on February 1, 2016 for public comment.
Also covered in: Obama Moves to Expand Rules Aimed at Closing Gender Pay Gap, New York Times – January 29, 2016; Breaking News: EEOC Releases Pay Data Collection Reporting Rule, Jackson Lewis LLP– January 29, 2016; and Obama to Announce Proposed Pay Equity Reporting Requirement, DCI Consulting – January 29, 2016.
Opinions and Blogs
Federal Contractors and Job Seekers: A Checklist of Career Web site Requirements
The National Law Review (Jackson Lewis P.C.) – January 24, 2016
This blog provides a recap of recent changes with OFCCP and suggests items contractors should include on their Web pages for viewing by job seekers: 1) EEO Tag Line; 2) accessibility statement; 3) Link to the EEO is the Law Poster; 4) Link to the EEO is the Law poster supplement; 5) Pay Transparency Non-Discrimination notice; and, 6) EEO policy statement.
Also Covered In: What’s New from the OFCCP? Localjobnetwork.com – January, 2016.
What's in Store for Federal Contractors in 2016?
JD Supra Business Advisor (Olgletree Deakins, Nash, Smoak & Stewart, P.C.) – January 27, 2016
Summarizing OFCCP’s events projected to take effect in 2016; this blog provides a short summary of upcoming regulatory changes.
- Executive Order 13658 “Establishing A Minimum Wage for Contractors”;
- Executive Order 13665 “Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions, which took effect January 11, 2016;
- Equal Pay Report (new) to be implemented by May of 2016;
- Executive Order 13706 “Establishing Paid Sick Leave for Federal Contractors”;
- Notice of Proposed Rulemaking updating the rules that prohibit sex discrimination;
- Executive Order 13673, “Fair pay and Safe Workplaces”;
- Three contractor poster requirements;
- OFCCP class member locator Web site; and
- Increased contract thresholds for coverage by Section 503 and VEVRAA.
Editor’s Note: Not all of the listed regulatory changes discussed in the blog are within OFCCP’s jurisdiction.
Equal Access to Web Sites: Balancing Aesthetics and Accessibility
Lexology (Gordon & Rees LLP) – January 27, 2016
The importance of Web site accessibility for individuals with disabilities is addressed in this blog. Explaining that companies face challenges when making Web sites “aesthetically pleasing” while also keeping in mind accessibility can be challenging.
Obama Administration Delaying Web Accessibility Rules
Disability Scoop – January 27, 2016
The Department of Justice (DOJ) has decided to extend the time period for the development of regulations on accessibility for non-government Web sites until 2018. Based on its priorities for the coming years, the DOJ will first work to roll out regulations that apply to Web sites for state and local governments.
What Employers Should Know – Listen to the EEOC
Workplace Class Action Blog (Seyfarth Shaw LLP) – January 28, 2016
Summarizing EEOC Commissioner Constance Barker’s remarks at a January 28, 2016 conference, this blog advises employers of future potential litigation activities. Commissioner Barker stated there would be various regulations and guidance issued this year, “likely in the areas of retaliation, joint employer liability, leave policies, and national origin discrimination relative to Muslim workers.” She also said that industries such as healthcare, restaurants, and manufacturing would see increased litigation around gender, race, pregnancy, and leave issues. Other topics EEOC is working on include “joint employer concepts, lesbian, gay, bisexual, and transgender rights, workplace arbitration, and protections for workers in the gig economy.”
Editor’s note: The “gig” economy refers to workers who are employed in temporary, term and contingent positions.
DOJ Warns That Employers Using Labor Contractors That Violate Anti-Discrimination Laws May be Held Liable
JD Supra Business Advisor (Littler) – January 28, 2016
The Department of Justice (DOJ) is reminding employers that, even if carried out indirectly by a third-party labor contractor, employers can be held liable for discriminatory employment practices. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued an opinion letter explaining the civil penalties under the anti-discrimination provisions of the Immigration and Nationality Act (INA). Charged with enforcing the INA, the DOJ prohibits discrimination based on citizenship status or national origin, unfair documentary practices when verifying eligibility, and “retaliation or intimidation for seeking redress under INA.”
Look Before You Leap - Pitfalls and Tripwires Inherent in Government Contracting
National Law Review (Sheppard, Mullin, Richter, & Hampton, LLP) – January 28, 2016
Companies are advised by this blog to engage in a cost benefit analysis when deciding to sell anything to the U.S. Government, whether as a prime contractor or as a subcontractor. Opportunities that arise from obtaining this business do come with specific requirements and, depending on the nature of the contract or subcontract obtained, many of the legal obligations and requirements may be significant in terms of administrative obligations.
Better Data Equals Greater Pay Equality
Huffington Post Blog - January 29, 2016
Commemorating the seventh anniversary of the signing of the Lilly Ledbetter Fair Pay Act, Secretary Perez discusses pay equity and EEOC’s proposal to add wages and hours worked to the EEO-1 Report.
UPDATED Protected Classifications in Guam
Public Law 33-65, “Guam Marriage Equality Act of 2015” lapsed into law on August 12, 2015
Pacific Council State Director Gives Testimony
SHRM Pacific Council State Director, Joann Waki Muna, SHRM-SCP, SPHR, gave testimony in support of Bill No. 102-33 An act to amend 22 GCA §5201 and §5205, and to amend 5 GCA §4104 (a); relative to discrimination in the workplace and to citing this act as the Guam Employment Nondiscrimiation Act (GENDA) of 2015.
SHRM is committed to encourageing fair and consistent employment practices and belives that employment decisions should be made on the basis of job qualificatons such as education, experience and demonstrated competencies, not on non-job related characteristics, including sexual orientation and gender identity. SHRM supports efforts to ban workplace discrimination based on sexual orientation and gender identity. SHRM supports Bill No: 102-33.
New OSHA Reporting Requirements
As of January 1, 2015 OSHA reporting requirements have changed. According to the January 2, 2015 OSHA QuickTakes Newsletter, "Employers under Federal OSHA's jurisdiction must begin reporting by January 1. Establishments in a state with a state run OSHA program should contact their state plan for the implementation date."
All employers must report all work-related fatalities within eight (8) hours and all work-related inpatient hospitalizations, amputations, losses of an eye must be reported within twenty-four (24) hours.
Visit the OSHA QuickTakes for more information.
New Guam Minimum Wage
The Guam Fair Labor Standards Act has been updated pursuant to Public Law 32-178. Effective January 1, 2015 the loacl minimum wage is $8.25 per hour.
