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.

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.