MAHRA Monthly - March 2015

The Supreme Court Rules on the Department of Labor's Failure to Engage in Notice and Comment Rulemaking

The Supreme Court granted certiorari in the D.C. Circuit’s Perez v. Mortgage Bankers Association case on June 16, 2014 to determine whether federal agencies must engage in notice-and-comment rulemaking before significantly altering interpretive rules that interpret agency regulations. On March 9, 2015, the Supreme Court unanimously held that the Administrative Procedure Act (“APA”) expressly exempts federal agencies (such as the DOL) from notice-and-rulemaking requirements for such changes to interpretive rules.

In so ruling, the Supreme Court overturned a 1997 D.C. Circuit decision that ruled in the opposite direction.  Justice Sotomayor spoke for the court, explaining that the APA had a “categorical exemption of interpretive rules from the notice-and-comment process” and that requiring the process would imposes greater obligations on agencies than actual in place in the statute. Justices Alito, Scalia, and Thomas wrote concurring opinions to properly place the decision among other cases concerning deference to agencies’ regulatory interpretations.

Perez concerned the FLSA’s overtime requirements, which exempt “any employee employed in a bona fide executive, administrative, or professional capacity.” The DOL changed the regulations in 2004 through notice-and-comment rulemaking to require overtime pay for employees whose primary duty is selling financial products. After interpreting those regulations in 2006 to mean that mortgage-loan officers are exempt from the overtime requirement because they do not sell financial products as their primary duty, the DOL interpreted the same regulation and decided they are not exempt. The Mortgage Bankers Association (MBA) then sued the DOL by claiming that the 2010 interpretation was invalid because it did not go through notice-and-comment rulemaking.

In short, this means more could be coming soon from USDOL. Stay tuned!

Total Rewards is more than compensation and benefits. In today’s work environment employees are seeking flexible work schedules, increased abilities to master new learnings and the autonomy to make a difference. In our multi-generational workforce, what is important to one generation may not be so important to another. Human Resource professionals are challenged to find that competitive mix of salary, benefits and work/life programs within the organization’s own cultural uniqueness in order to attract and retain a productive workforce.

Our senior HR members told us they wanted more strategic program content so we’ve partnered with the Seacoast Area Human Resources Association (SHRA) to develop a Masters’ Level Series of professional development programs designed specifically for senior level Human Resources Professionals!
On March 18th, we’re so excited to be launching this joint initiative by presenting the first in this series:

Bridging the Leadership Divide

• Between now and 2030 78,000,000 baby boomers will be retiring.
• By 2015 baby boomers will cede the majority of the workforce to Generation Y.
• Are you ready for the largest shift in human talent in history?

Any organization’s success is tied to its people and their abilities to grow and lead. This exciting seminar will give you the skills to uncover emerging leaders within your organizations and foster the intergenerational mentoring relationships to bridge this looming leadership divide.

Deborah McLaughlin, Author of The Renegade Leader, will lead this master’s level seminar and interactive discussion on March 18th, 7:30 - 11:30 am at Riverwoods, Five Timber Lane, Exeter, NH 03833

Sponsored By

   

For more information go to www.mahra.org.

We’ll continue to offer programming at this senior level, and are looking forward to the next program in our series in September: 

Bring A Guest - Reap the Rewards!!!!!!!

The spring season will arrive at some point and soon we will all be looking to get out and about more. How?  Invite your acquaintances, coworkers and HR professionals to come join us for our April MAHRA program meetings and you could reap the rewards for being the:

• The winning MAHRA member who brings a visitor to the April monthly program meeting.  You will receive one chance in the drawing per visitor in attendance.  One prize will be awarded. or
• The winning MAHRA member who refers a new MAHRA member between now and the May 19^th Board Meeting when new members are approved into our organization.  You will receive one chance in a prize drawing per new MAHRA member.  One prize will be awarded.

The prizes will be awarded at the June 3^rd monthly program meeting and you must be present to win. 

• If you have invited a visitor but have not included the visitor on your registration, please e-mail Cindy Walsh  at cwalsh@gsil.org and indicate who your visitor is.
• If you refer a new member and are not sure that the new member listed you on the application as the MAHRA member who referred them, please e-mail Cindy Walsh  at  cwalsh@gsil.org and indicate who the potential new member is.

2015 SHRM Certification - SHRM-CP & SHRM-SCP News
Congratulations to those that have recently completed their SHRM-CP & SHRM-SCP!!! It is exciting to hear more and more HR professionals have recently completed the SHRM Certification Pathway.  The process is easy, simple, and informative. If you have not had the chance to learn more about the SHRM Certification, please check out this quick 1-minute video at: https://www.youtube.com/watch?v=hMX9H_aSZeg Also, don’t forget to Tweet your SHRM Certification successes by using: #SHRMCert, #AdvancingHR, @NH_SHRM, and @SHRM.

 Join the NH State Council's Inner Circle
Expand your HR Network with access to the NH State Council's private Inner Circle, obtain the latest HR Events around our State, and access other HR experts in many HR Specialties. Please complete the online form below in a few minutes to be added to our private and accessible only to other Inner Circle participants via http://nhstatecouncil.shrm.org/forms/join-inner-circle       

Registration is Now Open for the Granite State HR Conference and Annual Legislative Conference!
Sign-up now for the Granite State HR Conference held on April 28^th, in Manchester, NH & the 6^th Annual Legislative Conference held on May 6^th, in Concord, NH. Both of these upcoming conferences are premier conferences that allow HR Professionals the opportunity to learn new skills to advance their careers, increase your understanding of the HR Profession, and best of all increase your Networking ability with others from across New Hampshire. Attend both and receive discounted rates for attending the Legislative Conference!!!  

There is still time to register for SHRM's 2015 Employment Law & Legislative Conference!
As issues such as immigration reform continue to develop in the months ahead, SHRM strongly encourages its members to attend the annual SHRM Employment Law and Legislative Conference scheduled for March 23-25, 2015.  This premier event provides HR professionals with the information and tools needed to understand the complexities of the multitude of federal workplace laws and regulations related to your business.. 

Check out MAHRA's website!
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