ChatGPT, and now GPT 4, and other similar artificial intelligence tools (AI) are proliferating through the marketplace.  Unlike other disruptive technologies that would create new jobs to support it, AI may have the opposite effect.  A study by Goldman Sachs reported that 300 million jobs may be lost due to AI.  It may also be a wage suppressant.

Allergies seem to be at a peak this year.  Pollen season has started earlier and earlier in the past years, especially exacerbated by the mild winters.  Generally, allergy season is April to June, but it continues to start earlier and end later.  A study published in the Journal Proceedings of the National Academy of Sciences in 2021 found that the North American pollen season starts earlier and lasts longer than it did in 1990, with higher concentrations of pollen. Not good...

Whether or not the Harvard affirmative action case impacts corporate DEI programs is unlikely to be known until the decision comes down in June.  The issue with the Harvard case before the Supreme Court is about proportional representation in student admissions under the guise of diversity for the student body.  The Court is likely to rule against Harvard and the University of North Carolina. They are also likely to overturn the University of Michigan law school case that was...

Be wary if terminating an employee due to “fit.”  In a case coming out of the U.S. Fourth Circuit Court of Appeals, the court found that the "not a good fit" approach may be a legitimate reason for termination, but many lawyers say this could lead to major liability for the employer.

With unemployment still at the lowest levels and demand high, employers have to think outside the box to fill open jobs at their organizations.  For many, competing for talent is simply opening up the wallet, and if pay is involved, salary compression generally follows.  If health benefits are expanded, the question of share could become a sticking point, as various reports have found employees having to decide whether to pay for medical treatment or something else.  It will...

New York City is deferring enforcement of its first-in-the-nation regulation of the use of AI-driven hiring tools (Local Law 144 of 2021), which was initially slated to go into effect on January 1, 2023. The law is actually in effect currently, but enforcement has been deferred to July 5, 2023.  The delay in enforcement was announced by the city’s Department of Consumer and Worker Protection in an update as part of the publication of a final rule implementing Local Law 144. ...

Over the years, HR has evolved from personnel to human resources to business partners to HR consultants and more.  However, often HR remains very transactional, with minimal involvement in strategic planning and decision-making.  In part, that is the design of HR as the facilitators of people within an organization to constantly putting out fires as legal compliance grows.  But in 10 years from now, will HR change from transactional to more strategic roles?

In 2022, The Transparency in Coverage Final Rule, issued by the Centers for Medicare and Medicaid Services (CMS), became effective.  The rule requires health insurers to disclose pricing for covered services and items and must include the rates they have negotiated with participating providers for all covered services and items, as well as the allowed and billed amounts for out-of-network providers. Allowed amounts are the maximum rates insurers will pay for a given service and billed...

Can you afford to retire?  Many think not. Bills have to be paid and cash is at a premium, especially in this inflationary time.  Moreover, although many have stayed the course, and over the pandemic saved more, investments have taken a major hit.  Add the fact concerning all the articles predicting the bankruptcy of Social Security (which is unlikely) and the belief by the younger generations that it won’t be there when they reach the age of retirement, there is a...

An employee was terminated for performance reasons.  Then they throw you a curve ball; they have cancer or need operable surgery that could rise to the level of ADA.  You now have knowledge of it after you terminate the employee.  What do you do?

For employers who must file an EEO-1 report, those with 100 or more employees or federal contractors or subcontractors with 50 or more employees, the demographic collection has been fairly consistent over the past 10 years.  However, times are changing, and as more groups are lobbying to separate themselves from the traditional reporting demographic groups coupled with diversity requests, life is going to be more interesting for HR.

The 3^rd Circuit Federal Court of Appeals recently reviewed the question of whether paid time off (PTO) is considered part of the salary of an employee.  Specifically, does the docking of PTO violate the salary basis requirement for exempt employees under the FLSA?  The court said no.

It was thought by the founders that if the government was divided, it would likely be a push towards bipartisanship and compromise – a check and balance.  But in recent times, bipartisanship on major issues has become extremely political.

If an employee goes off on military leave, is the leave paid or unpaid?  It depends on how the company covers other comparable leaves for non-military reasons.

Intermittent FMLA is one of the most difficult issues for HR professionals.  It can be difficult to manage, and personal liability could attach if they interfere with FMLA leave.  Therefore, a conservative approach is recommended.  However, a recent Federal 6^th Circuit of Appeals case (which covers Michigan) may provide some helpful guidance.