BSHRM Legal and Legislative Affairs


Legislative Update- May 30, 2012. Click here to read full story. 


Permanent Solutions Labor Consultants
National Labor Relations Act
Impact as of April 30, 2012
Dan Block, Executive Vice President
Rick Torres, President and CEO and former labor organizer
Severe Caution Alert
Specializing in union avoidance
New rules on union organizing campaigns have been issued by the National Labor Relations Board and are due to go into effect April 30, 2012.  For employers who wish to avoid a union organizing campaign, they are all bad.  The timetable of union organization, from the filing of a petition to the election, has been significantly reduced and compromises employer ability to properly inform and educate their employees and resist a union campaign.  New rules require posting of employer labor rights and permit unions to target chosen segments of a workforce at work facilities.  It is important for employers who might be vulnerable to union organization to be aware of these changes, prepare themselves and have a strategy to deal with it.  Resources and an informative discussion on this topic are available from Permanent Solutions Labor Consultants, which advises employers on ways to deal with the threat of union organization, and may be accessed through the following links:
You should take time to review the discussion and your organization’s present position and vulnerability to union organization.  You might want to take the information and inform your management of the new rules and circumstances and review your strategy for dealing with unions.


UPDATE- Spring 2012 Capitol Hill Visit- Click here to read full story. 


E-Verify Takes Effect

State law now requires all employers in the state of Alabama be enrolled in the online E-Verify system for matching employee I-9 Forms with government records. The deadline for enrollment was April 1, and if you missed it, you may be comforted in knowing that a good many other companies did so as well, but you should enroll in E-Verify right away. There are useful resources on the U.S. Citizenship and Immigration Services website and videos which give step-by-step instruction on how to enroll your organization and create a case or verify employee eligibility. You may access these by clicking on On the main page, click on E-Verify home page under the Employment Verification heading on the right side. Then under the Multimedia heading, click the video selection for enrolling, creating a case or other resource you wish to use. In addition, SHRM will provide a webcast on E-Verify Tuesday April 24 at 1 p.m. Central Time. SHRM webcasts can be accessed by members on the SHRM national website under the Education menu heading. Click here for information on the E-Verify webcast.



BSHRM Legislative Affairs Update and Call to Action

Federal Legislative Action Alert

YOUR ASSISTANCE IS NEEDED! Please email your representative and ask him/her to co-sponsor the Neal/Gerlach House Concurrent Resolution! Representatives Richard Neal (D-MA) and Jim Gerlach (R-PA) will introduce a bi-partisan House Concurrent Resolution the week of February 4, 2012, that highlights the important role employer-sponsored retirement plans play in helping Americans save and plan for retirement. To date, SHRM has assisted in garnering 56 co-sponsors ! Click HERE to see if your member has co-sponsored the resolution.

Please Take This Action:

If your representative has not yet co-sponsored, please write to him/her using SHRM’s HRVoice program, follow these steps:


1. Log onto the alert on the SHRM Advocacy Action Center by visiting HERE
2. Please personalize your message with your own story
3. Be sure to include your complete home mailing address.


This summer, President Obama signed into law legislation that creates a bipartisan, bicameral Congressional Joint Select Committee on deficit reduction. The committee, known as the “Super Committee,” is charged with reducing the federal debt by at least $1.5 trillion during the next 10 years by looking at current spending and tax code policies. Because of their tax-deferred status, employer-provided benefits such as retirement and health care plans may come under scrutiny by the Super Committee.


Employer-provided retirement plans are a key component of our nation’s retirement system and produce significant retirement benefits for America’s working families. Together with Social Security and individual savings, employer-provided retirement plans produce significant retirement benefits for America’s working families. There are approximately 670,000 private-sector defined contribution plans covering 67 million participants and over 48,000 private-sector defined benefit plans covering 19 million participants.


Employer-sponsored health care and retirement benefits, because of their tax-deferred status, create the largest annual loss in revenue to the federal treasury. As a result, it is anticipated that public policy efforts to reform the tax code and bring down the federal deficit will involve an examination of employer-sponsored benefits, including retirement plans, health care benefits and educational assistance programs. Given the large loss of revenue to the U.S. Treasury, employer-sponsored pension plans are an attractive revenue-raising target for Congress.


SHRM Position
SHRM believes that a comprehensive and flexible benefits package is an essential tool in recruiting and retaining talented employees. Every American employee should be provided the opportunity to save for retirement. The government should facilitate and encourage voluntary employer-sponsored plans, as well as individual savings through consistent tax incentives and simplified regulations.


SHRM supports the House Concurrent Resolution to be introduced by Rep. Neal and Rep. Gerlach. The resolution declares the benefits and importance of employer-sponsored retirement plans.


The House Concurrent Resolution has not yet been introduced, and therefore, has yet to be assigned a number. However, the draft legislation has been sent to every member of the House of Representatives. Please ask your Representative to co-sponsor this measure prior to introduction! This measure states many important facts, most importantly:


• The current tax incentives for retirement savings provide important benefits to Americans to help plan for a financially secure retirement;
• There are approximately 670,000 private-sector defined contribution plans covering 67 million participants and over 48,000 private-sector defined benefit plans covering 19 million participants;
• $4.7 trillion is held in 401(k), 403(b), 457 and similar defined contribution plans, $2.3 trillion is held in private defined benefit plans, and another $4.9 trillion is held in Individual Retirement Accounts, largely consisting of funds rolled over from employer-based retirement plans;
• During 2000 through 2009, employers contributed almost $3.5 trillion to public and private retirement plans;
• Tax incentives are an important impetus for individuals to save and plan for retirement and for employers to offer plans in a voluntary system.


Should you have any questions regarding this resolution, please contact Kathleen Coulombe, SHRM’s Senior Associate, Government Relations at .


If you encounter any problems with this site, please contact David Lusk, SHRM’s Senior Associate, Member Advocacy, at (703) 535-6158.


©2012 SHRM. All rights reserved.


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March/April 2011

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May/June 2011

ADAAA Regulations Update


Case Law/Legislative Updates

March/April 2011

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March/April 2011
GINA Sample Policy

May/June 2011
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U.S. Depoartment of Labor Job Description Questionnaires

U.S. Department of Labor Occupation Reports (includes job skills/tasks and pay range)


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Volunteer Opportunities

Have you ever wondered how you can have an impact on the laws passed in Washington, D.C. and Montgomery, AL?

Well now is the time to make an impact on the legislation that affects our employers and ultimately our jobs and profession.

We are now recruiting HR professionals at all levels to be a part of the 2011 BSHRM Legislative Team. With the help of many we can make a significant impact. As successful SHRM chapters go - "many hands make light work".

So now is the time to check us out if you haven't already done so. In 2011, we have a strategic plan for  addressing legislative issues that can make a positive and negative impact on our organizations and profession. This is one great way to show your employer that you can add significant value back to your respective organization.

Here are our volunteer opportunities for our Legislative Affairs Sub-Commitees:

Research and Position Development

This team of volunteers will be responsible for researching issues that will positively or negatively effect the Human Resource profession and/ or BSHRM’s membership’s respective organizations. This team will be responsible for creating pro or con positions on specific issues as they deem necessary or at the direction of the VP of Legislative affairs.

Advocacy Program

This team coordinates all advocacy initiatives with members of congress and state delegations. We develop and maintain positive relations with all legislative members and their staff on an ongoing basis by implementing a “Day in the Local District” event at a minimum of once a year.

Internal Communications

This team ensures that communciation of specific issues are delivered to all members of BSHRM on a quartely basis at a minimum. They also develop and implement a letter writing campaign for the membership to address legislative issues at the state and federal level.

Legislative Programs

This team coordinates with the program committee to provide a legislative topic and speaker for one monthly BSHRM meeting to include coordinating a quality speaker. They will also develop at a  minimum one legislative seminar/ program for the chapter membership that will include a source of revenue and at least 3-4 HRCI credits for the membership.

If you have any interest in volunteering please contact Andrea Lewis, PHR at