iCIMS AI hiring tool under attack for discriminatory learning: In Harper v. Sirius XM Radio, LLC, No. 2:25-cv-12403 (E.D. Mich.), plaintiff Arshon Harper alleges that Sirius XM’s use of its AI application screening tool (called, “iCIMS”) discriminated against him on the basis of race. Harper claims he applied to roughly 150 positions with Sirius XM over several years and was rejected for each one despite arguably being qualified for many of them. Harper’s complaint alleges that the iCIMS platform scores and ranks applicants using data points, such as the schools they attended, their home zip codes, and their employment histories, that can function as proxies for race. Harper contends this scoring methodology, built on historical hiring data, effectively imports decades of human hiring bias into an automated system, and then applies that bias at scale, disproportionately screening out African American applicants. Harper brings claims under both Title VII of the Civil Rights Act of 1964 and Section 1981, meaning he asserts both a disparate-impact theory (the tool produces discriminatory outcomes regardless of intent) and an intentional-discrimination theory. Source: Metz Lewis 8/18/26

Retirement as a recruiting tool: As more Americans approach retirement age, a new report from Indeed Hiring Lab warns that access to employer-sponsored retirement benefits remains sharply divided along occupational, income, and industry lines, leaving many lower-wage workers with little opportunity to build long-term financial security. According to the report, while employers are increasingly advertising 401(k) plans and matching contributions in job postings, the workers most likely to need retirement support remain the least likely to receive it. The report notes that Americans aged 65 and older made up 13% of the population in 2010, a share that is now approaching 20% as the baby boomer generation continues to age. As more workers move toward retirement, dependence on personal savings and employer-sponsored plans is expected to increase. With this need, retirement benefits are growing in importance in job listings according to the report. The report found that postings offering 401(k) matches of 5% or more have increased more than fivefold since January 2020, outpacing growth in other retirement-related benefits such as profit-sharing programs and generic retirement plans. By May 2026, nearly 43% of postings included a 401(k) benefit, and 24.7% highlighted matching contributions. Source: CCH 8/19/26

Prior authorization of denials rises to 18%: The Centers for Medicare & Medicaid Services published a rule in 2024 that sought to streamline and automate the authorization process for Medicare, Medicaid and nearly all of the insurance programs it oversees. Each year, payers in these programs must post approval and denial rates, response times and other specified metrics on their websites. KFF analyzed the largest insurers' metrics for the 2025 calendar year and found denial rates of 18% in the ACA Marketplace, 14% in Medicaid managed care and 12% in Medicare Advantage. Although appeals are not common, they often are successful. Two-thirds of Medicare Advantage denials were overturned, along with 47% in Medicaid managed care and 32% in the ACA Marketplace. Response times were similar for all three market segments at about one day for standard prior authorization requests. Expedited request response times varied from about a half-day for Medicare Advantage to a full day for Medicaid managed care (ACA Marketplace insurers are not required to report response time ranges). For many in the sandwich generation, it adds layers of stress, which can impact workplace performance. Employers should find opportunities to provide assistance for these employees, if not through EAPs but then through other vehicles. Source: BenefitsPro 8/19/26

Bargaining provisions in CBA does not lead to ULP: A Detroit water infrastructure company can propose a union contract provision that would discipline workers for filing "baseless" grievances, a split National Labor Relations Board ruled, saying that making an "intemperate" proposal during bargaining cannot be considered an unfair labor practice. The majority's ruling reversed NLRB Judge Andrew S. Gollin's 2022 finding that Inland Waters Pollution Control violated Section 8(a)(1) of the National Labor Relations Act when it proposed making grievance-filing a disciplinable — and even fireable — offense. Judge Gollin deemed the proposal a threat, but the majority said Wednesday that simply placing a bargaining proposal on the table is not a threat. "Neither the administrative law judge nor any party to this proceeding has cited a case in which the board has found that the act of making a bargaining proposal at the bargaining table constitutes an unlawful threat under Sec. 8(a)(1)," the majority said. "Accordingly, we decline former-General Counsel [Jennifer] Abruzzo's invitation to expand board law by finding that the respondent's proffer of its bargaining proposal independently violated Sec. 8(a)(1)." Source: Law360 7/30/26

Self-insured stop loss cost expected to rise 14.5%: The cost of stop-loss insurance increased a lot more than expected this year and increases for a typical employer's health plan could easily average 14.5% in 2027. Analysts at Aegis Risk, a stop-loss consulting firm, gave that assessment in a new stop-loss market review prepared for the International Society of Certified Employee Benefit Specialists. A year ago, Aegis found that actual 2025 increases for stop-loss were 8.8% for a policy with a $100,000 individual deductible and 10.4% for a policy with a $750,000 deductible. The firm predicted that costs might rise about 11.5% in the following year — 2026 — but warned that some could face increases over 20%. In 2026 stop-loss premiums were up 13.6% for a policy with a $100,000 deductible and up 15.9% with a $750,000 deductible. Source: BenefitPro 9/24/26

Changes to Michigan youth employment process: Beginning Oct. 2, 2026, employers and minors will use YEPP to complete the youth employment permit process through one statewide system. Local school districts and nonpublic schools will no longer issue youth employment permits. The new system will: 

• Allow minors and employers to complete the permit process online at any time of day, providing greater flexibility, particularly during the summer months when schools may have limited hours. 
• Require employers to register with the Michigan Department of Labor and Economic Opportunity (LEO) before hiring minors. 
• Allow employers to notify LEO when a minor’s employment ends. 
• Provide LEO with greater visibility into youth employment across Michigan. 
• Create opportunities for LEO to proactively communicate youth worker rights and responsibilities directly to minors and employers. 

For additional information and updates, visit https://www.michigan.gov/leo/initiatives/youth-employment.