Last week the Federal Trade Commission (FTC) published a final rule banning employer noncompete agreements. Noncompete agreements or clauses per the FTC are a “term or condition of employment  that prohibits a worker from, penalizes a worker for, or prevents a worker from (1) seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or (2) operating a business in...

Last week, the U.S. Department of Labor Wage and Hour announced a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which will take effect on July 1, 2024. The final rule increases the standard salary level and the total annual compensation requirement for highly compensated employees (HCE).   It will have major implications for employers – especially those who have employees in other states...

Earlier this week, the U.S. Equal Employment Opportunity Commission (EEOC) published final guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace.” The guidance will help people feel safe on the job and assist employers in creating respectful workplaces.

For the first time in nearly four decades, the U.S. Department of Labor (DOL) has ushered in significant revisions to regulations governing the Davis-Bacon Act (DBA) and its associated statutes, affecting federal wage regulations applicable to contractors and subcontractors engaged in most government construction projects. These changes, collectively referred to as the DBRA, are aimed at enhancing clarity and consistency in administering and enforcing DBRA regulations.

Spring has sprung and hopefully all the April showers will bring May flowers. This is a good time for companies to “spring clean” their documents, processes, and procedures, particularly those that are part of background checks.

Will AI rule the hiring process?  A Zippia survey of senior HR professionals found 96% predict AI will improve talent acquisition. AI can sort through hundreds of applicants in minutes and match skill sets, education, and experience.

McKinsey Health Institute recently conducted a study on the effect of toxic workplaces and how they affect employees. They talked to nearly 15,000 employees and 1,000 HR decision-makers across 15 different countries. Toxic workplace behavior stood out as the primary catalyst for negative employee outcomes, such as burnout and the desire to quit.

Employee turnover, the process where employees leave their positions and are replaced by new hires, holds significant implications for businesses. Excessive turnover can disrupt workflow, hinder productivity, and incur substantial costs associated with recruitment and training.

As we wrote about last week, the Equal Employment Opportunity Commission (EEOC) released its final rules implementing the Pregnant Workers Fairness Act (PWFA). The final rules provide some important definitions to understand.

Upskilling and reskilling have become a key objective for today’s workforce. Technological advancements, demographic shifts, and the ever-changing economic landscape demand a workforce that is adaptable, agile, and equipped with the latest skills. As businesses strive to stay competitive and individuals seek to future-proof their careers, the need for continuous learning has never been more crucial for both employers and employees.

In a unanimous 9-0 decision, a case decided last week changed the scope of how to view discriminatory actions of job or lateral transfers which seemingly have little to no impact on the employment opportunities of an employee.  Muldrow v. City of St. Louis No. 22-193 (2024) out of the 8th Circuit, asked the question: “Does Title VII prohibit discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant...

Employee engagement at its lowest level since 2013:  Last year, Gallup found U.S. employees were increasingly detached from their employers, with the workforce reporting less role clarity, lower satisfaction with their organizations, and less connection to their companies’ mission or purpose.

Rapid advancement in AI has organizations either ignoring the technology or rushing to implement it for a competitive advantage. However, implementing AI without proper guidelines regulating its use and adoption exposes organizations to risks that negatively impact organizational outcomes. Avoid adverse organizational outcomes by collaborating with organizational leaders to develop responsible AI guiding principles. 

Another year; another trend – Similar to last year’s trend of "quiet quitting," where employees do the minimum due to burnout and feeling unappreciated, a new trend dubbed "resenteeism" has emerged, reflecting workers' low productivity driven by resentment. These employees feel obligated to stay in their current jobs due to financial commitments or familial responsibilities, yet they harbor dissatisfaction and resentment that hampers their performance.

On Monday the Equal Employment Opportunity Commission (EEOC) reported that the final version of the Pregnant Worker Fairness Act (PWFA) regulations will be published in the Federal Register August 19th.  The PWFA was passed December 29, 2022, and took effect in June of 2023. Last August proposed rules were released, and the public’s comments were requested. Over 100,000 comments were received.

Recent data from a study by MetLife reveals a concerning trend: employees are experiencing heightened levels of stress, burnout, and depression in the workplace. The pressures of the ongoing permacrisis state, compounded by financial concerns and persistently high living costs, have created a challenging environment for employees to navigate.

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...

Are wellness plans worth the investment?  According to a recent study the answer is yes.  Gympass surveyed over 2,000 benefit leaders to answer this very question, and a majority said yes. In fact, 90% of companies believe they see a positive return on their wellness benefits, 85% said their wellness programs decreased the cost of recruitment and retention and 78% reported that their benefits saved them money on healthcare. Any investment in well-being, whether mental health,...

Over the past several years, I’ve noticed a considerable shift in how people treat each other in everyday society.  I’ve seen many more personal attacks and a general lack of respect for others’ beliefs or feelings. In the past, these thoughts were kept private, but in recent times it seems everyone feels compelled to lash out at others with no remorse. It seems to go beyond “Survival of the Fittest” to “Survival of the Meanest.”

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."

Limitation of Action Agreements are a contract between the employer and employee, usually agreed upon at the start of employment or even before on the application form, whereby the employee agrees they will not bring a wrongful employment lawsuit against their employer typically beyond 180 days of the cause of action. This shortens the time an employee can bring a wrongful employment lawsuit against their employer from what the statute or common law may ordinarily provide them.

Everyone is talking about AI! Artificial intelligence is changing our landscape on every level. In the training world, facilitators are starting to rely on its benefits. Here is your cautionary warning and some things to look out for when using AI for training:

The K-12 District Comparison Dashboard, recently released by Launch Michigan, offers valuable insights into Michigan's public education system.  Unlike previous tools, this dashboard allows for comparisons between Michigan districts and those in high-performing states, revealing significant disparities:

Employer violates pregnancy act by not providing accommodation for employee who later miscarried: One employer did not want to continue providing accommodations to a pregnant employee, and it was a game changer.  According to the EEOC's lawsuit, “[the employer] violated federal law when one of its stores ... 

The Michigan Going PRO Talent Fund offers more than $55 million to employers for training that will lead to a worker credential for skills that are transferable and recognized by industry. Though focused on hard skill training, Going PRO grants can be used to develop supervisor skills in the employer’s workforce.