BHSHRM July Newsletter
President's Report
As July settles into the Black Hills, summer is in full swing. Between vacations, community events, and the busy pace of the season, it can feel like the weeks are flying by. While summer often looks a little different for every organization, one thing remains the same: HR professionals continue to adapt, problem-solve, and support their employees through whatever each day brings.
Reaching the halfway point of the year always encourages me to pause and reflect. It's easy to move from one project to the next without taking time to recognize everything that's already been accomplished. Whether you've spent the year recruiting, navigating employee relations, implementing new initiatives, or simply helping employees through life's challenges, your work makes a meaningful difference.
As HR professionals, we're often the people others rely on for guidance and support. We encourage employees to prioritize their well-being, take time to recharge, and continue learning, but we don't always extend that same grace to ourselves. A mid-year reset doesn't have to involve major changes. Sometimes it's simply taking a moment to celebrate your successes, revisit your goals, or make time for your own professional growth.
One of the things I value most about BH SHRM is the opportunity to connect with others who truly understand both the challenges and the rewards of working in HR. Thank you for being part of this community and for the work you do every day to make your organizations stronger.
As we look ahead to the second half of the year, I hope you'll continue to stay connected with BH SHRM through our upcoming programs, networking opportunities, and conversations with fellow members. Thank you for everything you do to support your organizations and the people they serve. Wishing you a safe, enjoyable, and refreshing rest of your summer.
Ara Baumstarck
President, Black Hills SHRM
Welcome New Members
Amanda Spitzer | Payroll & Benefits Specialist at the City of Box Elder
Legislative Update
Guidance for Employers on Trump Accounts and ERISA Implications – source SHRM
The U.S. Department of Labor recently issued guidance clarifying that employer contributions to Trump Accounts will generally not be subject to Title I of ERISA, provided employers maintain a limited role and meet certain conditions. This guidance was released shortly before the accounts officially launched on July 4 and is intended to give employers greater clarity as they consider whether to offer Trump Account contribution programs.
Trump Accounts, also known as Section 530A accounts, are tax-advantaged accounts created to encourage early wealth building for eligible children born in the U.S. between 2025 and 2028. The accounts include a $1,000 pilot contribution from the U.S. Treasury, and families or others may contribute up to $5,000 per year in after-tax dollars until the year before the child turns 18. Employers may contribute up to $2,500 per year to an employee’s or dependent’s Trump Account, which counts toward the annual contribution limit. The DOL clarified that accounts established for employees’ dependents generally do not qualify as employee pension benefit plans under ERISA because the retirement benefit belongs to the child, not the employee.
The U.S. Department of Justice (DOJ) has issued a legal opinion challenging an established doctrine in employment discrimination law, arguing that the federal government’s longstanding approach to disparate impact liability under Title VII of the Civil Rights Act of 1964 may exceed both statutory and constitutional limits.
· Bargaining would need to begin within 10 days after union certification.
· If no agreement is reached within 90 days, either side could request federal mediation.
· If mediation fails after 30 additional days, the dispute would move to binding arbitration.
· A first contract imposed through arbitration would remain in effect for two years.
The DOL declined to conclude the time was or wasn’t de minimis, given the large number of employees involved. “Employers, including the hospital at issue here, should nonetheless be particularly careful about how and to what extent they apply the de minimis doctrine,” the DOL said. “Particularly given the technological advances that have made it possible for employers to track employees’ work time with increasing precision, employers should expect exacting scrutiny of de minimis claims where employees perform off-the-clock work with any degree of regularity.”
The opinion letter emphasized that “timekeeping practices that used to be commonplace, such as rounding, will face increasing scrutiny as technological advances enable increasingly precise time tracking,” said Robert Pritchard, an attorney with Littler in Pittsburgh.
PCORI is an independent, nonprofit organization that funds evidence-based research to help patients, health care providers and clinicians make better health care decisions. A fee on health insurance issuers and sponsors of self-funded employer plans will go toward the Comparative Effectiveness Research Trust Fund, which was established under the ACA to help fund PCORI’s efforts.
Dollar amount is per policy and plan years ending dates per the IRS website.
