ChatGPT is an edge to applicants applying for jobs: A recent report from resume template service ResumeBuilder found that 46% of applicants are actively using ChatGPT to write their resumes and cover letters. And the results were overwhelmingly positive — 78% secured an interview when using application materials written by the AI and 59% were eventually hired.  49% of users said they had to at least do 'a little bit' of editing to the resumes or cover letters they received from ChatGPT, and only 11% reported not having to do any editing at all. Overall, three in four job seekers said the materials written by ChatGPT were 'high' or 'very high' quality.  As companies debate expanding their tech stack and investing more in emerging technologies such as VR and the metaverse, ChatGPT has a place in the conversation too, says Haller.  And so far, employers seem to be on board: 58% of job seekers said they were not denied a job even when the interviewer was aware they used ChatGPT.  Source: EBN 2/27/23

How should HR handle communications with legal counsel?  As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?  The U.S. Supreme Court initially granted cert for a case that would provide guidance in this situation yet after oral arguments, dismissed the case as being inappropriately granted.  What does this mean for employers? Until there is greater clarification on the attorney-client privilege issue, HR professionals and managers seeking attorney advice may wish to:  1. Document the legal purpose for the advice, being aware that in the event of litigation they may need to support the argument that the primary purpose of the communication was to obtain legal advice. 2. Think about whether it is necessary or advisable to include legal counsel in emails that include other managers or employees, because merely copying counsel on an email or other communication does not render it privileged. 3. Consider whether a phone call might be preferable to an email or letter. 4. If a written communication is necessary, consider labeling it “for the purposes of legal advice.” Source: Littler Mendelson PC 2/21/23

HR needs to push more facility safety audits:  On January 26, 2023, the U.S. Department of Labor announced that its Occupational Safety and Health Administration (OSHA) had issued new enforcement guidance  giving authority to OSHA regional administrators and area office directors to cite certain types of safety violations as “instance-by-instance citations” (IBI) for cases the agency identifies as “high-gravity,” serious violations. These conditions include lockout/tagout, machine guarding, permit-required confined space, respiratory protection, falls and trenching. In addition, cases with “other-than-serious violations” that are specific to recordkeeping related to injury or illness(es) that occurred as a result of a serious hazard are included in the guidance.  The guidance also affords administrators and directors full discretion to apply IBI penalty adjustments in appropriate cases to deter employers from repeatedly exposing workers to life-threatening hazards or failing to comply with certain workplace safety and health requirements. This new IBI penalty adjustment policy, effective March 27, 2023. In light of this guidance, employers should conduct a risk assessment of the above-listed conditions subject to OSHA standards and review, and increase the frequency and scope of periodic audits of these conditions. Failure to do so puts the employer at risk. ASE members can save 20% on a Mock OSHA Audit through our partner, Three Sixty Safety.  Source:  Duane Morris LLP 2/21/23

Bad news for Illinois employers – BIPA actions could never run the statute of limitations: A separate claim under Illinois’ Biometric Information Privacy Act (BIPA) accrues each time an entity scans or transmits an individual’s biometric identifier or biometric information, a divided Illinois Supreme Court has ruled in a long-awaited decision in Cothron v. White Castle Systems, Inc., 2023 IL 128004 (Feb. 17, 2023).  So, in a warning to the court by a dissenting Justice Overstreet, they expressed concern that the majority’s interpretation of the statute “could easily lead to annihilative liability for business” and argued that “the potential imposition of crippling liability on businesses is a proper consequence to consider.” The dissent reminded that the legislature intended to “ensure the safe use of biometric information, not to discourage its use altogether.”  If you have Illinois operations, it would be prudent to discuss this situation with legal counsel. Liability could be bankruptcy-worthy great. Source:  Jackson Lewis 2/21/23

For the time being, California employers can still use arbitration agreements: On February 15, 2023, the United States Court of Appeals for the Ninth Circuit issued its decision in Chamber of Commerce v. Bonta, holding that federal law preempts California’s AB 51, legislation that outlawed arbitration agreements for claims under the California Fair Employment and Housing Act (FEHA), as well as wage and hour claims under the Labor Code. The decision represents a major win for California employers. The result of the Ninth Circuit’s decision is that California employers can again require employees to enter into arbitration agreements as a condition of employment. This decision builds upon the U.S. Supreme Court ruling in Viking River Cruises, Inc. v. Moriana  in June 2022 which held that  employers are permitted to force individual claims filed under the California Private Attorney General Act (PAGA) to arbitration.  The current Chamber of Commerce decision extends Viking by permitting employers to force individual PAGA claims to arbitration (assuming there is an enforceable arbitration agreement between the employer and employee). California employers may wish to consider requiring arbitration agreements if they do not have them currently in place. It would also be a good time to review older arbitration agreements to make sure they comply with the current rules.  Source: Michael Best & Friedrich LLP 2/21/23

Buzzwords that applicants hate to see:  Could the language you're using in job postings be behind low recruitment rates? From "putting a pin in it" to "circling back," over a quarter of employees report hearing corporate buzzwords multiple times a day, according to e-learning platform Preply.  The site recently surveyed 1,002 working professionals and asked them about their perceptions of office buzzwords, including whether these would impact their willingness to apply for a job.  Much of the distrust, the study found, comes from companies' over-eagerness to sound inviting. For example, "like a family" came in as the number one corporate expression that applicants disliked reading in a job posting. Because while a close knit workplace environment is something every employee is in search of, it's not an assessment they trust employers to make themselves.  So what are the ten top buzz kill words in ads according to the survey?  The top ten buzz kill words in job postings are in order:  Like a family, fast-paced environment, like a rock star, guru, ninja, hustle, work hard, play hard, get your foot in the door, highly motivated, and entrepreneurial spirit.  Source: EBN 2/22/23