Diversity, Equity, and Inclusion (DEI), sometimes expanded to include Accessibility (DEIA), has faced criticism in the media for being perceived as entitlement-driven, disconnected from the broader population, lacking genuine inclusivity, and focused on meeting quotas. During the first Trump administration, some government agencies implemented DEI training that framed all white individuals as inherently privileged and prejudiced, reportedly separating them into different rooms for...

As Artificial Intelligence (AI) permeates throughout the organization, it leads to a new type of organizational structure: the diamond shaped structure.  Although still early in the AI development, jobs will be changed or taken over by AI.  As such, the structure of the organization and career lattice for employees will change. 

PBMs or Pharmacy Benefit Managers are under the gun these days. PBMs are third party administrators for many types of drug care plans, especially those covering employers. PBMs earn revenues in a variety of ways. First, they collect administrative and service fees from the original insurance plan. Second, they can also collect rebates from the manufacturer. Third, and more controversial, they can resell drugs at a price higher that than the price negotiated with the manufacturer or...

The Illinois Equal Pay Act (the "Act") is officially going live January 1, 2025.  It was passed in 2023 and amended several times. Employers in Illinois with 15 or more employees will be required to include pay and benefit information in all job postings both external and internal.    The following are specific provisions that must be complied with:

The U.S. Court of Appeals for the Ninth Circuit ruled in Nebraska v. Su, No. 23-15179 (9th Cir. Nov. 5, 2024) that the president lacks authority under the Federal Property and Administrative Services Act of 1949 to set a federal contractor minimum wage.  Initially, Arizona, Nebraska, Idaho, Indiana, and South Carolina brought suit in the U.S. District Court for the District of Arizona challenging enforcement of the contractor minimum wage. The district court had dismissed the suit...

Last Friday, President Elect Trump nominated Lori Chavez-DeRemer for the position of U.S. Department of Labor Secretary.  Ms. Chavez-DeRemer is a Republican from Oregon who recently lost her seat in the House of Representatives, representing a district that includes part of Portland, Oregon. She previously was mayor of Happy Valley, a Portland suburb.  She was a one-term congressperson.

 

For many in HR today, artificial intelligence (AI) is mainly utilized in the recruiting sphere.  From chat boxes, video interviews, and resume assessment to candidate resume creation, AI is becoming a staple in the recruitment area.  However, AI could upend the compensation and labor markets through pricing algorithms.  For example, in the IC market for Uber drivers, algorithms are used to determine peak pricing and control ride share costs.  Therefore, Uber driver...

The Family and Medical Leave Act (FMLA) remains essential but can present challenges for employers. While most employee requests for leave are genuine, there are instances that raise questions for HR. Even in legitimate cases, certain aspects of the leave process can create complications for HR teams. So, how can employers manage FMLA effectively without risking legal issues?
 

The U.S. Federal District Court for the Southern District of Texas issued an order halting further action in an enforcement case brought by the Office of Federal Contract Compliance Programs (OFCCP) against ABM Industry Groups LLC, a janitorial service provider in Houston, Texas. The case involves allegations that ABM favored Hispanic applicants over African American applicants in its hiring practices. The court’s ruling prevents the U.S. Department of Labor, the Acting Secretary of...

The Pregnant Worker Fairness Act (PWFA) became effective June 27, 2023.  The implementing regulations by the EEOC were promulgated on June 18, 2024.  It covers employers with 15 or more employees.  The PWFA requires a covered employer to provide a “reasonable accommodation” for a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation...

SAFE leave is becoming more prominent as domestic violence and crimes against women are more widely reported.  One in four women and one in nine men experience severe intimate partner violence in their lifetime, according to the National Coalition Against Domestic Violence. Over 47% of women have encountered sexual violence, physical violence, or stalking by an intimate partner during their lifetime as reported by Break the Cycle.  More than 16 million people in the U.S. suffer...

The Worker Protection Act 2024 comes into force on October 26, 2024, and employers in Great Britain have specific items they must do to meet requirements of the law.  Given the issues arising from the #MeToo and other movements, this law was passed with the intention to keep the workplace as a safe environment for all. 

In recent developments, a couple of court cases need to be noted by employers who do diversity activities.  The first is the Fearless Fund case.  Fearless Fund is an investment fund that sought to administer a contest that would have awarded $20,000 grants to small businesses owned by Black women.  The American Alliance for Equal Rights (the Alliance), an organization led by Edward Blum, who led the charge against the Harvard and University of North Carolina’s...

As degrees and education are being sidelined from job requirements (primarily due to job requirement inflation), employers need to determine if the applicant’s skills meet the level required to be successful for the job.  The jobs themselves likely don’t require degrees, but rather specific skill levels that the degree requirements have screened out, leading to a dearth of candidates for the specific job.  By opening the pool, employers have also increased the diversity...

In a recent case filed in the federal court in the Southern District of Texas, janitorial services company ABM Industry Groups (ABM) sued the U.S. Department of Labor, claiming the agency's administrative proceedings for enforcing anti-discrimination requirements for federal contractors are unconstitutional.  This case arises from the U.S. Supreme Court’s decision in the Jarskey case (SEC v. Jarskey, No. 22–859 (6/27/24)). 

Immigration, both legal and illegal, has been a driving force of the economy over the past few years. According to the Congressional Budget Office (CBO), less than 30%, or 2.6 million, are what the CBO counts as “lawful permanent residents,” which includes green-card holders and other immigrants who came through legal channels, such as family or employment-based visas.  The remaining are arguably the illegal, unauthorized, or undocumented immigrants (depending on who is...

With the rise of artificial intelligence (AI) coupled with the need for cost cutting to maintain or improve margins, a new type of career in HR is becoming apparent: the HR Ultra-Generalist.  Coined by Faye Almeshaan and Alexis Clarfield-Henry in an article for SmartBrief, the term refers to the generalist who can navigate AI to complete a variety of tasks from benefits and compensation to recruitment anything in between.

The independent contractor (IC) definition has many variations depending what jurisdiction the parties are in, including overlapping federal and state definitions, and within the federal agencies and courts, different definitions.  It is confusing.  Further, the relationship is under attack from a variety of sources, with more push toward the California approach to independent contractors. 

A recent federal case from California highlighted the importance of social media harassment under Title VII of the 1964 Civil Rights Act. In Okonowsky v. Merrick Garland, No. 23-55404 (U.S. 9th Circuit Court of Appeals, 7/25/24), Okonowsky was a staff psychologist working at a federal prison where a coworker was posting derogatory content about her on social media.

Affordable employer health insurance is becoming an employer burden and an employee wish.  According to the Kaiser Foundation in their 2023 report, the average annual premium for employer-sponsored health insurance in 2023 was $8,435 for single coverage and $23,968 for family coverage. The average annual single premium and the average annual family premium each increased by 7% over the last year. Comparatively, there was an increase of 5.2% in workers’ wages and inflation was at...

A year ago, the National Labor Relations Board (NLRB) by party lines ruled to ramp up its scrutiny of workplace rules.  The NLRB ruled that employer handbook policies violate the National Labor Relations Act if they have a "reasonable tendency" to dissuade workers from engaging in organizing activity, such as making workplace recordings and discussing concerns with colleagues.  Many employers are under the mistaken belief that the National Labor Relations Act only covers...

An unmarried partner (regardless of whether a man or woman) of a mother giving birth is becoming more and more common these days. Although state or local law may provide specific time off for a partner for pregnancy, the Family Medical Leave Act (FMLA) works slightly differently. Employers need to ensure that their policy supports the FMLA approach. The following case demonstrates how to handle the situation as PTO, FMLA, and wage and hour issues could arise.

Nancy Mator and Robert Mator participate in the Wesco Distribution, Inc. Retirement Savings Plan.  On behalf of themselves and a class of participants and beneficiaries, the Mators sued the Plan, its fiduciaries, and Wesco Distribution, Inc. (collectively, “Wesco”). The Mators allege Wesco   violated   fiduciary duties imposed by the Employee Retirement Income Security Act of 1974 (ERISA) because it paid excessive recordkeeping fees and failed to monitor...

With the republican convention last week, there has been a lot of talk of the Project 2025 activities, especially identifying it as the possible platform of the republican party.   What is it?  Project 2025 is the conservative Heritage Foundation’s plan for moving forward assuming a Republican enters the White House in January 2025.  The plan is culmination of a variety of Heritage Foundation proposed policies from tax to labor to environment that it has endorsed...

In recent developments, a couple of court cases need to be noted by employers who do diversity activities.  The first is the Fearless Fund case.  Fearless Fund is an investment fund that sought to administer a contest that would have awarded $20,000 grants to small businesses owned by Black women.  The American Alliance for Equal Rights (the Alliance), an organization led by Edward Blum, who led the charge against the Harvard and University of North Carolina’s race...