President's Report

April is here, and with it comes a season of growth and renewal. It’s a great opportunity to turn our focus toward putting ideas into action and continuing to be intentional in how we show up as HR professionals and leaders.

We had a great turnout and strong engagement at our March meeting with Tracy Palecek on Pro-Active vs. Reactive Leadership. One of the key takeaways was the importance of being intentional in how we respond to challenges, shifting from reacting in the moment to leading with awareness, confidence, and purpose. I particularly appreciated the reminder that strong relationships matter. Taking time for regular check-ins and open communication can help us better support our teams before challenges arise.

Looking ahead, our April 28th program will feature an Employment Law Update with Chris Hoyme of Jackson Lewis P.C. This session will provide timely legal insights and practical guidance to help you stay compliant and proactive. This meeting will be held via Zoom, and I encourage you to take advantage of this opportunity to learn from Chris’ experience and expertise.

At the end of the month, we also have the South Dakota SHRM State Conference, April 29 through May 1 at Cedar Shore Resort. I hope to see many of our Black Hills SHRM members there. If you’re attending, please come say hello. I would love the opportunity to connect.

As we continue into the spring months, I hope you’ll continue finding ways to stay involved and connected within our chapter. The relationships we build and the knowledge we share are what make this community so valuable. Thank you for being part of Black Hills SHRM. I’m grateful for each of you and the role you play in our chapter.

Ara Baumstarck, President

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Chapter Meeting

Employment Law Update
April 28, 2026
Virtual Zoom Meeting

Please note this meeting will take place on Tuesday, April 28th virtually.

Join us for Practical Workplace Considerations, a session designed to help HR professionals navigate the evolving employment law landscape with confidence and clarity. This meeting will be held via Zoom. Registrants will receive their link the morning of the meeting.

Employment attorney Christopher E. Hoyme, Principal at Jackson Lewis P.C., will share legal updates and real-world strategies to help you stay compliant and proactive. With decades of experience representing employers nationwide, Chris brings both sharp legal insight and practical, down-to-earth advice you can use right away.

In this session, you’ll:

• Get a clear update on key employment law developments since the election
• Learn practical strategies for applying those updates in your organization
• Have your specific questions answered by one of the leading voices in employment law

Don’t miss this opportunity to stay informed and prepared as workplace policies and regulations continue to evolve.

About Chris: 

Christopher E. Hoyme is a principal in the Omaha, Nebraska, office of Jackson Lewis P.C.

Chris represents management nationwide in all facets of employment litigation. He has successfully defended employers across the country in over 40 federal and state courts, as well as before numerous federal and state administrative agencies across the country.

Chris looks for practical solutions for clients facing litigation. He believes in a proactive, preventive approach to dealing with employment issues so that clients are placed in the best possible position to avoid lawsuits before they are filed. However, once a client is faced with defending a lawsuit, Chris's approach is to respond quickly and aggressively, making him a formidable opponent in the courtroom.

Tickets

$30 Non-Member Registration

$20 Member Ticket

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HR Jobs

It is easier than ever to submit local HR jobs for posting on our website!

Click HERE to view or submit a job posting!

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Facebook

Check out the Black Hills SHRM Facebook page for updated information and events!

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Legislative Update

Free AI Course is Now Available Through the DOL! – source SHRM

The U.S. Department of Labor today announced the launch of “Make America AI-Ready,” a free artificial intelligence literacy course that will help American workers learn the basics of AI simply by texting “READY” to 20202.

The course engages participants with daily content that directly aligns with the five foundational areas outlined in the Labor Department’s recently-released  AI Literacy Framework.

We encourage you to distribute this across your organization — your teams, managers, and broader workforce — to begin building essential AI awareness. It’s a strong starting point as AI continues to reshape work.

If you are SHRM-Certified, you can get Professional Development Credits (PDCs) for taking this course by self-reporting.

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Employers Advised to Stay the Course as WOTC Expires – source SHRM

The Work Opportunity Tax Credit (WOTC) has expired once again. The long-standing federal hiring incentive designed to encourage employers to recruit people from groups that face persistent barriers to employment came to the end of its most recent authorization at the end of 2025.

Created in 1996, WOTC allows employers to claim tax credits for hiring from 10 designated target groups, including qualified veterans, individuals with criminal histories, long-term unemployed workers, and recipients of public assistance.

A bipartisan group of U.S. senators introduced legislation Feb. 8 that would make WOTC permanent.

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OSHA releases updated “Job Safety and Health Workplace Poster” – source J.J. Keller

OSHA recently released an updated Job Safety and Health Poster, which informs workers of their rights under the Occupational Safety and Health (OSH) Act of 1970. The revised poster is part of the agency’s “OSHA Cares” initiative. Employers can use either the revised version or the older one, but the poster must be displayed in a conspicuous place where workers can easily see it.   OSHA Cares Job Safety and Health Workplace Poster | Occupational Safety and Health Administration

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Federal Judge Dismisses Workplace Harassment Charges Filed Against University – Judge Rejects Microaggression Theory – source CUPA HR

A federal district court judge who presided over a non-jury bench trial brought by a university compliance chief claiming that she faced racial workplace harassment at the hands of a white male subordinate, dismissed the complaint and ruled in favor of the university (Gunter v. Drexel University (2016 BL 41040, E.D. Pa. No. 2:23 cv 02451, 2/9/26)).

The judge rejected the plaintiff’s “microaggression theory.” Under the microaggression theory, some courts have found actionable discrimination following comments or actions that may reveal “unconscious” or “unintended” prejudice.

The judge concluded that the plaintiff was “hypersensitive” in her workplace relationships. The judge also concluded that there was no evidence of slurs and that the plaintiff and subordinate got along in non-work-related matters. Finally, the judge stated that while the line was difficult to draw in these situations, the interactions were nonetheless “innocent workplace misunderstandings” rather than actionable workplace harassment.  Gunter v. Drexel Univ. (Gunter v. Drexel Univ., 2:23-cv-02451-JDW (E.D. Pa. Nov 05, 2024)) - vLex United States

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EEOC Takes Position That One Higher Paid Man Is Sufficient for an Equal Pay Act Claim of Gender Discrimination – source EEOC

The Equal Employment Opportunity Commission (EEOC) has taken the position that if one man is paid more than a woman in the same job for performing work of substantially equal skill, effort and responsibility, the Equal Pay Act is violated. The EEOC’s position is that it is not necessary to show a class of men are paid more than a woman for the same job (Cartee-Haring v. Central Bucks School District).

The issue is before the 3rd Circuit for decision. Two other Courts of Appeals have already held that if a single worker of the opposite sex is paid more than a female worker in the same job, the Equal Pay Act is violated. Cartee-Haring v Central Bucks, 3C am brf 2-26 jlg.pdf

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EEOC Backs Sex-Based Bathroom Restrictions for Federal Workers – source SHRM

The U.S. Equal Employment Opportunity Commission (EEOC) ruled that federal agencies may restrict employees to using bathrooms that align with their biological sex rather than their gender identity, reversing previous policies.

The 2-1 decision, issued Feb. 26, held that “Title VII [of the Civil Rights Act of 1964] permits a federal agency employer to maintain single-sex bathrooms and similar intimate spaces,” and that Title VII “permits a federal agency employer to exclude employees, including trans-identifying employees, from opposite-sex facilities.”

The EEOC ruling arose from a complaint from a civilian IT specialist who worked for the U.S. Army. The transgender worker’s request to use bathrooms and locker rooms aligned with her gender identity was declined by the Army. She filed a complaint, which was dismissed, followed by an appeal to the EEOC, which decided against her, citing President Donald Trump’s Executive Order 14168 stating that the federal government would only recognize two sexes, male and female.

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EO 14173’s Certification Provision Raises First Amendment Questions – source SHRM

Federal contractors and grant recipients are facing growing uncertainty over Executive Order (EO) 14173 and, in particular, its certification provision. While litigation is ongoing in multiple jurisdictions, a nationwide preliminary injunction issued by a federal court in Illinois has temporarily blocked enforcement of that provision by the Department of Labor (DOL). For HR leaders working in organizations that receive government funds, understanding what the certification requires — and why courts are scrutinizing it — is critical.

The certification provision in EO 14173 requires federal contractors and grantees to affirm two things. First, they must certify that they do not maintain diversity, equity, and inclusion (DEI) programs that violate federal antidiscrimination laws. Second, they must acknowledge that this certification is “material” under the False Claims Act (FCA).

The materiality language is significant. Under the FCA, if a contractor knowingly submits a false certification tied to a material requirement, it can face treble damages and penalties. “The attempt of the certification is to make it clear that if either contractors or grantees violate what the administration believes is illegal DEI they will be subject to litigation under the False Claims Act,” said H. Juanita Beecher, an attorney with Fortney & Scott, LLC in Washington D.C. The courts will ultimately decide if liability is levied. 

For HR departments, this effectively raises the stakes of compliance decisions. The certification does not define precisely what constitutes “illegal DEI,” leaving organizations to interpret how their programs align with existing federal law. The ambiguity has been central to the legal challenges.

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Fiduciary Rule Killed, ERISA 5-Part Test Is Back   source SHRM

A federal court in Texas on March 17 struck down the U.S. Department of Labor (DOL) rule on retirement advice that classified more financial professionals as fiduciaries, ending a long back-and-forth fight over the rule. A separate federal judge in Texas issued the same verdict March 12. The verdicts followed the DOL’s earlier decision to no longer defend the rule in court.

The rule, called the Retirement Security Rule: Definition of an Investment Advice Fiduciary, updated the definition of an investment advice fiduciary under ERISA and the Internal Revenue Code so that providers adhere to “high standards of care and loyalty” when recommending investments. It ensured that financial advisors, brokers, and insurance agents were held to the fiduciary standard on rollover individual retirement accounts. It was proposed in October 2023 by the Biden administration and was set to take effect in September 2024, but its implementation was halted in July 2024.

While some praised the rule for potentially protecting investors, others argued it would impose unintended consequences on employer plan fiduciaries.

Not long after the rulings vacating the Biden-era fiduciary rule, the DOL’s Employee Benefits Security Administration (ESBA) restored ERISA’s five-part test for determining whether a person is an investment advice fiduciary. Under the test, people are investment advice fiduciaries if they regularly provide individualized investment advice or recommendations to a retirement investor, under a mutual agreement, that serve as a primary basis for investment decisions.

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State SHRM Conference

South Dakota State SHRM Conference - Don't forget to register!

📍 Location: Cedar Shore Resort
📅 Dates: April 29 – May 1, 2026

Join fellow HR professionals from across the state for meaningful networking, practical learning opportunities, and an incredible lineup of speakers. This is a great chance to connect with peers, gain new insights, and invest in your professional development.

Don’t miss your opportunity to register and secure your spot!

👉 Register here: https://lnkd.in/g5Y75gKd

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Certification Preparation Classes COMING SOON!

We are gearing up for a SHRM Certification Study group this fall!  The group meets weekly for 12 weeks beginning in September to review the SHRM Learning System materials and help you prepare for your certification exam. We need a minimum of 5 students to hold the class. The cost for the SHRM Learning System materials would be $615 per participant which is a significant discount compared to purchasing on your own through SHRM ($1,055 - $1,180 regular price).  

Please e-mail Tye Kuyper ([email protected]) for more information or to request to be added to the roster!  Deadline to join the session is August 1^st.

The study group is a great way to learn the material and also provides an excellent networking opportunity.  

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Mark Your Calendars

The next three meetings are scheduled as follows:

Please mark your calendars. We look forward to seeing you there!

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Welcome New Members

We’re excited to welcome our newest members to the BHSHRM community! We’re thrilled to have you join us and look forward to collaborating, learning, and growing together. As a member, you’ll have access to valuable resources, networking opportunities, and events that support your professional development in HR. If you have any questions or need support, feel free to reach out to any of our board members. Welcome aboard!

Corinne Perkins, Founder of Plenty of Hires

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