More state holidays in Michigan? Three Democratic legislators have introduced a package of bills that would establish Diwali, Vaisakhi, Eid al-Fitr, Eid al-Adha, and Lunar New Year as official, state-recognized holidays in Michigan. “These bills embrace the diverse fabric of our state by recognizing various religious and cultural holidays,” Majority Floor Leader Abraham Aiyash said in a statement Friday. “Making these holidays official state holidays will let Michigan’s many communities know that they have a place in our great state and deserve to celebrate their joyous occasions like everyone else.”  Source:  Detroit News 4/21/23

California reporting: For all those who have to do California Pay Reporting, according to a new FAQ from the California Civil Rights Department—employers may seek “enforcement deferral” on their “labor contractor employee reports.” This allowance for a deferral is a pleasant surprise to employers still dealing with expanded reporting of their contractors as well as employees.  Source: Jackson Lewis 4/17/23

AI taking HR jobs? Half of the companies ResumeBuilder surveyed in February said they are using ChatGPT; 30% said they plan to do so. The push is most prevalent among younger professionals, and linked to a more cautious economy in which companies are pulling back on staffing in areas like recruitment.  The data included 1,000 responses from the ResumeBuilder’s network of business leaders.  Stacie Haller, chief career advisor at ResumeBuilder, said the data might be the tip of the iceberg.  Since the survey was completed, more professionals have started using generative AI.  “We saw ChatGPT replacing jobs in the HR department first, the people writing job descriptions or responding to applicants,” Haller said. “I don’t know many people that love writing job descriptions, and I’ve been in this world for a long time.” According to the data, half the firms implementing AI said they saved $50,000, and a tenth of companies said they had saved $100,000. Is it taking jobs or just making them more efficient?  Source:  CNBC  4/8/23

Pew study shows mixed views of AI in HR: Pew Research Center survey of U.S. adults showed mixed reaction to the inclusion of AI in various employment functions.  For example, 71% of respondents said they opposed using AI to make final hiring decisions, 70% opposed using it to analyze employees’ facial expressions, and 61% opposed using it to track workers’ movements on the job. A majority also opposed applications including keeping track of office workers, recording computer activity, and tracking how often workers took breaks.  However, nearly half of respondents said they felt AI would be better than humans at treating all job applicants the same way. Of respondents who said that bias and unfair treatment based on an applicant’s race or ethnicity is a problem, 53% said that AI would improve this issue.  Source: HR Dive 4/21/23

Stop office no shows by impacting their pay: Office no-shows are on notice: Attendance may become part of the pay equation.   Bosses have tried many different tactics to repopulate workplaces, from free pizza and bagels to live in-office entertainment. Many others wrote terse memos and office policy reminders or threatened termination.  Now, at least one prominent employer is trying a different approach, vowing that staffers’ pay could be affected if employees don’t comply with existing in-office attendance requirements.  The law firm Davis Polk & Wardwell LLP, whose clients include some of Wall Street’s biggest banks and other companies, has told staffers that those who don’t adhere to the firm’s policy to spend at least three days a week in the office could see their bonuses reduced. The shift reflects a desire among the firm’s leaders to see associates in the office on Tuesdays, Wednesdays, and Thursdays, as is currently required. JPMorgan, which is also requiring attendance, sent out a memo which notes that managers will need to ensure attendance requirements are met. In cases where employees aren’t following requirements, managers will take “appropriate performance management steps, which could include corrective action.”  Before docking actual pay, remember FLSA requirements of exempt employees.  However, vacations could be docked and not affect exempt status, at least in one U.S. Circuit of Appeals.  Source:  Wall Street Journal 4/12/23

Want workers who work? Hire older workers:  Older workers are in demand at a growing number of companies. Perceptions of generational differences don’t always match reality, but three-quarters of people 65 and older said in a Wall Street Journal-NORC survey of Americans’ values last month that hard work is very important to them personally. Among 18-to-29-year-olds, 61% said hard work is very important. Kip Conforti is hiring for a part-time position at one of two package-shipping stations that he owns in Pennsylvania. He’s filled such roles with high school and college students during two decades in business, but this time his top candidate is a man in his 70s.  Mr. Conforti has grown weary of younger employees who, he says, arrive late for shifts, call out of work often, and spend more time scrolling social media feeds than chatting with customers. About a year ago, he tried something different—recruiting people who are more likely to carry AARP cards than the latest iPhone. “The learning curve is a bit longer,” he says, “but once they get it, God, it’s refreshing. I say, ‘This is what we’re doing today,’ and it gets done. Their shift starts at 9 and they’re here at 8:50. It’s their work ethic.”  Source:  The Wall Street Journal 4/6/23

State of New York updates harassment training and policy guidance: The New York State Department of Labor (“DOL”) has released its long-awaited updated model sexual harassment prevention policy that addresses issues such as gender identity, remote work, and bystander intervention.  These changes arise from 2018 amendments to the New York State Labor Law, which require employers to adopt written sexual harassment prevention policies that meet or exceed the model policy’s requirements. Among requirements in the policy are that it must state clearly explaining that, in New York State, sexual harassment does not need to be severe or pervasive to be illegal.  It must define sexual harassment as a form of “gender-based” discrimination and provide an explanation of gender diversity (including definitions of cisgender, transgender and non-binary persons). And it must include a provision explaining that intent is not a defense under the law, and that impact is what matters in assessing whether the law has been violated. The provision also refers to the New York State Human Rights Law to explain that whether harassing conduct is considered “petty” or “trivial” is from the perspective of a “reasonable victim of discrimination with the same protected characteristics.”  Source: Proskauer 4/13/23