Although many nonunion employers do not see the National Labor Relations Board (NLRB) as impacting them, they are often surprised when an unfair labor practice charge (ULP) is issued against them.  These employers think the NLRB only protects union activity, but that’s not the case.  The NLRB protects all workers’ rights in the workplace and is the de facto union for nonunion workers.  Although in the past, ULPs have been fairly rare, they are rising today as...

The New York Court of Appeals ruled on March 14^th that New York State discrimination laws apply to out of state applicants for jobs.  Specifically, the court stated that refusing to hire or promote someone to a job in New York for discriminatory reasons has an impact in the city or state and is covered by their anti-bias laws "because that is where the person wished to work."

On March 13, 2024, the European Parliament approved the EU Artificial Intelligence Act (the “AI Act”), which will be the world’s first comprehensive set of rules for artificial intelligence. “The AI Act has nudged the future of AI in a human-centric direction, in a direction where humans are in control of the technology and where it — the technology — helps us leverage new discoveries, economic growth, societal progress and unlock human potential,"...

In the midst of the NCAA March Madness, a distraction is taking place.   A regional director for the National Labor Relations Board (NLRB) ruled last month that members of the Dartmouth men's basketball team are employees of the school. This ruling will allow the basketball team to organize under the NLRB rules, and they decided to join Service Employees International Union (SEIU). 

On March 12, 2024, the EEOC issued a press release and report stating, “Men are more likely to be in higher pay bands than women.”  This was the only meaningful statement in the report.  Specifically, the EEOC released a data dashboard featuring the first-time collection of 2017 and 2018 pay data reported by about 70,000 private employers and certain federal contractors with 100 or more employees each year, representing over 100 million workers. The dashboard contains a...

With employers dropping degree requirements, a new set of potential employees has emerged in the workplace: “New-Collar” workers.  According to the Harvard Business Review, many workers are unable to advance because they don’t have a bachelor’s degree and conversely cannot obtain the higher level, higher paying jobs.  Since the labor shortage is becoming acute, with an official unemployment rate of 3.9% nationally, and even lower in Michigan in many places,...

Last July, New York City (NYC) implemented its artificial intelligence reporting Law 144 for New York City Employers.  Specifically, the law requires employers to audit and notify candidates about the use of automated employment decision tools. 

Since the Harvard case before the U.S. Supreme Court that struck down preferences in admissions at universities, a Gallup study followed up on American’s views on the use of affirmative action in decision-making.  A Gallup Center on Black Voices survey found that about two in three Americans (68%) say that stopping the use of race and ethnicity in university admission decisions is “mostly a good thing.”

In the past, a vertical progression was the ideal career path for many, especially when it came to salary increases and standards of expected living.  Today, the tides have changed.  Many employees don’t want to become managers.  In fact, often, organizations don’t particularly support their managers.  If bad times occur, managers are often the first to be blamed and could be the first out the door. 

As Gen Z continues to assert its presence in the workforce, marked by its diverse composition and unapologetic advocacy, employers are urged to recalibrate their approaches and expectations to foster a more inclusive and productive work environment for all generations.

On January 30, 2024, the Administration proposed to publish a preliminary rule that would create a series of actions designed to support equal pay activities for workers of federal contractors and agencies as set forth by Executive Orders 14035 and 14069.  Essentially, the rule would prohibit federal contractors and subcontractors from seeking and considering salary history when setting compensation and will require pay range disclosures in certain job...

Some organizations are changing from a 401k plan to RBA. IBM is one such organization that is changing its traditional 401K plan to a new approach.  IBM currently matches the first 5% of salary that employees contribute to their 401(k) accounts, dollar for dollar, and provides an automatic 1% contribution for a total of 6%.  Instead, it will offer a secondary plan. 

With gender identification becoming more fluid, there is an inherent conflict of how to identify a fluid gender employee while respecting religious beliefs.  As a result, there are more court cases filed to protect one right with a defense of the other right leaving employers in the middle and on edge at times.  This tension can cause disruptions to the culture and to productivity if not addressed properly, whatever that may mean.

In November 2023, a lawsuit was filed against Amazon based on equal pay in which women are paid less than men performing the same or comparable work.  The lawsuit also alleges discrimination in promotions and retaliation against anyone who complains. 

Employers with employees in Colorado must comply with recent amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA) that became effective January 1, 2024.  While offering benefits such as cut off dates for applications, it creates more work for HR because it may not be able to standardize completely the new regulations’ requirements.