2015: HR Predictions

As 2014 concluded I hurriedly read through article, magazine, blog, tweet and post related to where we landed in 2014 and where are we headed in 2015 related to Human Resources. I was particularly interested in where Higher Education HR is headed. I am not an expert and I don't play one on TV, but having been well read and in trying to maintain a pulse on current issues, I think I have a pretty good notion on what is going to be key issues this year.

What the FLSA and other DOL issues!

It would appear that the Department of Labor is gearing up for a busy year. President Obama is striving for a revision of the Fair Labor Standards Act Exemptions and in particular the 'white collar' exemptions. We could see some suggestions and changes come as early as this month, February. Most of the analysts taunt this as a huge financial burden for employers as it would mean a large group of individuals would be eligible for overtime. The key Act has not seen major revisions in decades so we are going to see some adjustments. Full implementation of changes may not occur in 2015 but the changes themselves will likely be inked this year. I don't know if it will be as detrimental as some believe but there will be some changes coming.

Another DOL issue that some states have embraced while making others cringe has been the increase in the minimum wage. I believe we shall see a bigger push for a new federal minimum wage increase this year but I have my hesitation whether it will be implemented this year or will be approved and incrementally implemented over several years. One thing for sure is that with more states moving forward with increases in their state minimum wage it will add fuel to the fire for an increase nationally.

In Higher Education news there will be more proliferation of the idea of student athletes as employees. We are also still grappling with pieces of the ACA as it relates to time-keeping for various groups on our campuses and whether we should offer benefits to these select groups of individuals.

DEI and other regulatory and compliance issues

We will see more issues rise related to Diversity, Equity and Inclusion as our workplaces acclimate to our societal norms. There are several cases in litigation dealing with sexual orientation, LGBTQ community, and whether it should be added into the non-discrimination policies. There are also some organizations that are dealing with the biases facing transgender employees. 2015 will have more discussion on the expansion of Title VII to include these issues under its umbrella. Harnessing an environment of inclusion and celebrating differences will be a key indicator of whether DEI policies are successful in the organization.

Issues related to pregnancy have also become a topic of conversation. We may see some expansion of ADA to include pregnancy. Another area of discrimination and compliance are issues surrounding nursing mothers on the job.

Although Wellness has been a buzz word for several years many will see some challenges in the way Wellness programs are implemented and utilized going forward. There is some concern that they are being used in a manner that can lead to inadvertent discrimination. This becomes especially indicative if their usage factors into healthcare incentives and costs for the employee as well as the employer. The EEOC will be giving some guidance and cautions in regards to their usage going forward.

Watch for 'Ban the Box' and other Background Investigations

We are going to see an increase in the campaign for 'Ban the Box' which is related to background investigations. If your current application asks questions related to previous criminal activity you may want to monitor this growing movement. Another background check that will gain traction in 2015 will be Social Media Background checks. As more and more organizations choose to review applicants social media pages the possible litigation related to discrimination will overflow.

Mr. T and all his friends!

Technology will have several issues that will make 2015 even more challenging for Human Resources. Here are just a few of the possible topics that will be gaining popularity:

1. Social Media Policies
• Over 75% of our workforce utilize social media personally according to the Pew Research Center. If your organization is not harnessing the potential benefits of social media you will be reaping a detrimental future. The idea of immediate feedback took a steroid pill and now our 'customers' can note their dissatisfaction or their satisfaction with the click of a 'like', or a 'post, tweet, blog, tag, etc.' Organizations MUST have a Social Media Policy. In higher education social media can aid in recruitment, retention, and almost every facet of Human Resources can be affected by social media usage.  
2. Work Cell Phone Usage
• 2015 will see more discussion on whether employers should be reimbursing employees for their cell phone usage that is work related. There have already been several court cases and this idea is growing. An extension of this idea would be that if an employee were utilizing their personal device for work related functions is that time compensable. I believe that the courts would say 'yes'. This will be a very murky area to regulate. I don't know if the courts will move in this direction for 2015 but I believe it will be fair game.
3. Organizational E-Mail: The E-Water Cooler
• With the recent Purple Communications court case the NLRB now sees corporate e-mail as an extension of everyday conversation. It is the electronic water cooler as we have utilized email as an extension of all conversations and not just work related topics. We will see how this moves in 2015 as it has just been decided and it was related primarily to union recruitment and discussion. I believe there will be a broader umbrella that will be opened beyond union issues going forward.
• Another issue related to email is the idea that many organizations are subject to open records requests that include electronic communication. It would be beneficial for HR officers to revisit the records retention policies as well as any email communication policies that are currently used. 
4. The Wearable Revolution
• The popularity of fitbit, jawbone, google glass, as well as other wearables will open a whole host of discussions this year. Wearable technology has the potential to provide employers with loads of data and employees with instant information without leaving their work environment. The ability to monitor employees remotely will give an employer a whole new strategic model. This can aid in productivity, customer service, and ultimately fiscal responsibility. There are several companies that are developing tools that can be used in the workplace related to wearables. One idea floated is that this could possibly be a way to track time for non-exempt employees without the need to 'clock-in' or 'clock-out'. Time would be logged based on their location. I think the wearables will be coming in force in 2015.
5. Big Data
• The idea of Big Data could be summed up with the word 'Predictable'. Big Data simply means that companies are able to take past behavior and extrapolate and predict future behavior. Organizations could begin using data analytics to replace employee reviews, predict employee behavior or create an archetype of the 'ideal' candidate for a job. I have some hesitation with using analytics in this manner. The concept of predictive analytics is big business and we will see its usage grow in 2015.
6. The Mobile Workplace
• The workplace model is headed into antiquity. Employees no longer work 9-5 and no longer have to be tethered to their desktop computers and offices to be productive. We have seen an increase in flexible work schedules and the concept of the mobile workplace makes the office as portable as the computer in hand. From an HR standpoint the employee no longer has to come to us. We can take HR to the department and to the employee and on any of our various mobile devices we can have the employee records, departmental requests, personnel action forms, HRIS system access, VPN into our desktop computer, etc, etc. The only limitation to creating a MORE mobile workplace are the antiquated policies that denote a brick and mortar office as the on-the-job location. In higher education we have already seen the movement away from this idea with the advent of online education and MOOCs. Employers are going to have to re-align their business model to meet the mobility of our technology.
7. The Internet of Things
• The IoT is the ability of everyday objects to connect to the internet and to send and receive data. Many of the items we interact with every day can now be accessed remotely and respond remotely. Many household appliances, and technology throughout our home has this ability. Our home security systems, our lighting controls, temperature controls and other common household items can now be controlled by a mobile application and mobile device. Experts estimate that in 2015 there will be 25 billion connected devices and within another 5 years, 50 billion. The interconnected pieces of our lives have quickly made technology paramount to living. The idea of being disconnected is quickly becoming a thing of the past. 
8. BYODilemma
• Most organizations allow employees to Bring Your Own Device. The current issues related to this tend to be: employee privacy, security of company assets, acceptable use, employee wage/hour issues, and what happens when the employee leaves the company. If your organization does not have a BYOD policy it would benefit you greatly to invest time and resources in developing this policy.
9. App-dicted
• We are a mobile application society. Most smart phones have hundreds of apps but the vast majority of them are downloaded and forgotten. 2015 will see an influx of mobile apps related to the wearable phenomenon. Another area within the apps world is mobile games. Games have become such a big part of our society that now many organizations look for ways of 'gamifying' any given topic. Another area of development for apps will be apps that control other things. This feeds into the IoT.
10. Data Security! or is it?
• We have all heard of the many data breaches that have occurred. Hackers are finding new and inventive ways to break into systems to steal consumer data. Here are some ideas to remember in 2015: all systems are vulnerable, email should not be considered private, laws differ from state to state and country to country as to the strictness of data security, insurance policies may not cover data lost in a data breach, employers may have liability even if they are the victim, employer's right to restrict employee's tech usage presents issues, all employers should add a data breach audit to their 2015 audits, crisis management should include data breaches. All organizations should limit their risk for data breaches by sound IT practices.
11. No Cash, No Card, No Problem... got phone!
• We are in the era of Mobile Pay. Consumers no longer need to carry payment in the form of cash, check or credit card. Many mobile applications have payment methods built in and with the advent of Apple Pay, and Google Wallet we will see the necessity for other forms of payment decline.
12. You are Here
• Geo-location is here to stay. We are going to see more targeted location-based ads. As noted above, the location technology can also be used in a variety of ways both for the consumer and as an employee/employer.

2015 is gearing up to be an interesting year for Human Resources. One way to stay in front of any impending issues is to stay informed. With organizations like SHRM and CUPA-HR leading the charge we can be assured to maintain sound knowledge rooted in research and best practices. I for one look forward to what this year holds for my employees. I think we have a chance to see some positive sweeping changes that will benefit the workplace for decades to come.

jamie