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.

The National Labor Relations Board Office of General Counsel issued an Advice Memorandum with the position that group discussions in the workplace concerning racial bias are protected concerted activity under Section 7 of the National Labor Relations Act (NLRA), and employees who engage in such activity are protected from employer retaliation.  This memo applies to both union and nonunion employees.

By now, many have heard of ChatGPT and the efficiency it has provided for many. ChatGPT was created by OpenAI, an AI and research company.  ChatGPT is a chat box which uses natural language processing driven by AI technology in an open environment.  Currently it is free to use, but eventually it will likely be monetized because the actual computing costs are high.  ChatGPT in its current form can provide answers to questions, write emails, compose essays, and write code. 

On May 11, 2023, President Biden is planning to end both the COVID-19 National Emergency and the COVID-19 Public Health Emergency (PHE) designations.  These emergency declarations have been in place since early 2020 and gave the federal government flexibility to waive or modify certain requirements in a range of areas, including Medicare, Medicaid, and CHIP programs; private health insurance; the authorization of medical countermeasures; liability immunity to providers who...

Pay transparency is a rock rolling downhill that is picking up steam.  A number of jurisdictions have pay transparency laws with Illinois the latest state to require it.  The findings of a recent survey by Talent.com of 2,000 employees shows that 98% of job seekers in New York City want to know a position’s salary before they apply. A Monster research project had similar findings, and 53% said they wouldn’t apply for a job without pay transparency upfront. 

Artificial Intelligence or AI is becoming more common in a variety of HR practices, especially on the recruitment side of HR.  At the same time, it is being bandied about by a variety of government organizations as being a hinderance to applicants and employees. 

Affinity Groups, Employee Resource Groups (ERGs), and the like are hallmarks of diversity programs.  Specifically, ERGs could consist of a variety of identities from African American, Hispanic, disabled, women, LGBTQ, and more.  90% of Fortune 500 companies have been reported to have at least one.  Those who participate in ERGs believe they help move the needle with equality and inclusion in their workplaces.  

The U.S. Department of Labor (DOL) Secretary Marty Walsh and White House Office of Management and Budget (OMB) Director Shalanda Young issued a joint memo to the heads of executive departments and agencies directing them to designate “labor advisors.”  The purpose of the labor advisors is to assist in the strengthening of implementation and review of Federal contract labor and employment practices based on recommendations from the White House Task Force on Worker Organizing...

A new survey by Forbes found that 8% of respondents left a job they liked to seek better health insurance. Another 20% decided to get a full-time job instead of a part-time job so they could get coverage. 31% of respondents with employer-sponsored insurance said they stayed with a job they disliked for the company’s health insurance. 

In a time when labor hoarding is occurring in some sectors, yet in others, layoffs are happening, employers with H-1Bs need to follow a process or it could be a costly mistake in which an H-1B is not found to be properly terminated.

 

Although a number of new laws started January 1, there are three that stand out for HR professionals outside of all the pay transparency laws.  These three laws were encompassed in the FY 2023 Omnibus Spending Bill, and all had bipartisan support.

Men want much higher salaries than women when switching jobs: The amount of money workers are demanding to switch jobs has been rising rapidly, recently hitting an eight-year record amid high inflation and the prospect of a recession. 

Although it would be expected that the ending of the year should be a quiet one, the Biden administration is going out with a bang that will cause some heartache for employers.  Below is a listing of some of the changes to expect going forward.