2022 Legislative Update 

A Fireside Chat with Emily M. Dickens, SHRM  Key Takeaways for HR Professionals 

By Dee Anna D. Hays

In October, I had the honor of hosting a fireside chat with Emily M. Dickens, J.D. at the 2022 HR Tampa Conference & Expo. Ms. Dickens is Chief of Staff, Head of Government Affairs and Corporate Secretary for SHRM, the Society for Human Resource Management. She is also an attorney with significant and progressive experience in government, higher education and the non-profit sector.

During our talk, Ms. Dickens shared information regarding SHRM Government Affairs, legislation that SHRM is tracking, and other top initiatives. She also discussed how SHRM members might get involved by joining the A-Team or local chapters. This article includes a summary of these important topics along with some key takeaways for HR professionals.

SHRM Government Affairs

According to its website, SHRM’s mission is to create better workplaces where employers and employees thrive together. The SHRM Government Affairs team helps to inform and shape policy solutions that benefit work, workers, and the workplace. 

Bills SHRM Is Tracking

• Commonsense Reporting Act (S. 3673 & H.R. 5318): SHRM is asking members of Congress to cosponsor this measure to modernize IRS reporting requirements. This legislation creates a voluntary reporting system to submit health plan information to the IRS before open enrollment begins. According to SHRM’s research, over 32% of HR professionals support the option to voluntarily submit health plan information before open enrollment begins. Additionally, the Commonsense Reporting Act provides compliance relief by allowing employers to transmit the IRS Form 1095 to employees electronically. The extension of the deadline for appeals from the current 30 days to 90 days would allow employers more time to gather appropriate information.

• Empowering Employer Child and Elder Care Solutions Act (H.R. 8388): SHRM is asking U.S. House of Representatives members to cosponsor this measure and U.S. Senators to support the introduction of companion legislation. The pressing need for reliable care affects the daily decisions of workers and inhibits the ability of employers to recruit and retain talent. This legislation would better enable employers to support workers with caregiving responsibilities. Specifically, H.R. 8388 would update the Fair Labor Standards Act (FLSA) to treat on-site childcare services and other dependent care assistance provided by an employer like other employer-provided benefits and separate them from an employee’s regular rate. This bill would also provide SHRM members the flexibility needed to provide workers the necessary support to succeed on the job while fulfilling their caregiving responsibilities.

• Jumpstart Our Businesses by Supporting Students (JOBS) Act (S. 864/H.R. 2037): SHRM is asking members to cosponsor the JOBS Act and support its inclusion in as part of any larger legislative vehicle. The JOBS Act provides more opportunities for today’s students to access high-quality, short-term education and training programs with federal Pell grants. Expanding access to high-quality, short-term workforce development programs enjoys broad bipartisan support and would represent significant progress towards modernizing the Higher Education Act to meet the needs of today’s workers, jobseekers, and employers. Employers and the government have a dual role to play in the education and training of workers to help them become better qualified for jobs at all skill levels.

Other Advocacy Initiatives on SHRM’s Radar

• Caregivers in the workforce.

• Pay transparency. 

• Artificial Intelligence in the hiring process. 

• Skills-based hiring (rather than academic degrees). 

• Mental health in the workplace. 

2022 SHRM Politics at Work Study

On October 5, 2022, SHRM released new research that shows 1 in 5 U.S. workers (20 percent) have experienced poor treatment in the workplace by coworkers or peers due to their political views. There has been an uptick in political discussions and political volatility in the workplace in the wake of the COVID-19 pandemic and the 2020 presidential election. Further, SHRM found a quarter of U.S. workers (24 percent) have personally experienced political affiliation bias, including preferential treatment or undue negative treatment on the basis of their political positions or opinions, compared to 12 percent of U.S. workers in 2019.

Accordingly, HR professionals might want to consider developing or updating personnel policies covering the expectations of discussing politics in the workplace. There is a broad spectrum of issues employers can anticipate as a result of employees’ political speech or activities—ranging from discrimination, harassment, and retaliation claims to unfair labor practice charges to decreased employee morale and productivity.

Although some employees may believe that their constitutional right to free speech provides wide protection, the First Amendment is actually somewhat limited. In fact, private employers have discretion to discharge or discipline employees for their speech. On the other hand, the First Amendment’s protections do extend to public-sector employers, making it more difficult for them to regulate employees’ speech. Even with private workplaces, several states have laws that protect employees from discrimination for political expression and other political activities.

SHRM Advocacy – Getting Involved

According to SHRM’s website:

SHRM’s Advocacy Team (A-Team), composed of nearly 17,000 HR professionals is the core driver of positive workplace policy in action…The A-Team exists to provide HR professionals opportunities to directly influence and advance workplace policy. A-Team members are positioned front and center in efforts to advance the interests of the HR profession in the development of public policy by federal and state governments.

As a member of the A-Team, I have appreciated the legislative updates SHRM provides to its members along with useful template documents for communicating with lawmakers. Any SHRM member in good standing can join without a fee; visit https://advocacy.shrm.org/.

HR professionals may also want to get involved through their local SHRM chapter. Many chapters have legislative directors that provide legislative updates and opportunities to meet with federal and state lawmakers.