EAD renewal extension has been increased to 540 days: A final rule by the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) permanently increases the automatic extension period for expiring employment authorization and/or employment authorization documents (Forms I-766 or EADs) for certain renewal applicants. The finalization of this rule makes permanent a recent temporary rule and helps prevent eligible renewal EAD applicants from experiencing a lapse in employment authorization and in the validity of their EAD due to lengthy processing times. The final rule goes into effect 30 days after its publication in the Federal Register. The final rule amends 8 CFR § 274a.13(d) and the related employment eligibility verification provision at 8 CFR § 274a.2(b)(1)(vii), permanently increasing the automatic extension period from up to 180 days to up to 540 days. The automatic extension period is available to certain renewal applicants who timely filed Form I-765, Application for Employment Authorization.  Source: USCIS

NLRB is turning Republican in the next administration: As Democratic Chair Lauren McFerran’s re-nomination stalled in the Senate, there now will be two seats to fill by the next administration.  If the Senate had confirmed McFerran, it would have secured a Democratic majority on the five-member NLRB until August 2026.  This move means that employee friendly policies by the Board will likely be overturned.  The President will also likely fire general counsel Jennifer Abruzzo, just as Biden removed former general counsel Peter Robb in January 2021.  Source: Law360 12/11/24

After consideration, would you still make that entry-level hire? One in four leaders have admitted that they don't want to hire today's entry-level employees because they don't think they're ready for work, according to a new poll.  The poll, conducted by General Assembly, surveyed 1,180 employed adults in the US and UK, along with 393 vice presidents in the US and VPs/directors in the UK.  It found that 27% of VPs and directors would not hire today's entry-level employees, and neither would 23% of employed adults. This comes as the report found that only 48% of employees and 12% of mid-level executives believe that today's entry-level employees are well-prepared to do their jobs. This belief stems from the lack of soft skills from new hires, as cited by 49% of executives and 37% of employees. Other reasons why they don't think entry-level staff are prepared include: not having the right attitude (28% of executives, 30% of employees) and not having the right technical skills (13% of executives, 16% of employees). According to the report, 33% of executives and 26% of employees said their organizations don't provide adequate training to new employees.  Four in 10 executives (41%) also said their companies do not provide a learning stipend or education budget for employees. For those who do, only 43% said their staff use it.  Source: HR Director 11/15/24

Who do you trust more – AI or HR? A new survey of 851 business professionals found that “people trust AI more than they trust HR.” When asked “do you trust AI more than HR professionals,” 54% said they prefer AI and 27% said they better trust HR. This data, as odd as it sounds, is focused on the topic of trust. People know that managers are biased, so any HR-delivered performance review, pay increase, or other feedback is likely to be biased in some way. (Even recency bias is bias.) AI, on the other hand, has no “opinions.” When implemented on real data, it’s likely to be more “trusted” – and 65% of respondents were confident that AI-based tools would be used fairly. AI is already trusted as a way to evaluate performance. While few AI performance tools exist yet (Rippling’s is one), 39% of respondents believe AI-based performance evaluations would be fair, and 33% believe AI-based pay decisions would be unbiased. Again, this is likely because we can ask AI to explain its decisions clearly where managers often go on “gut feel.” When asked “would you value an AI-based performance tool to coach and advise you on professional goals” fully 64% said yes. Again, this shows how badly people want feedback and guidance, something many managers just don’t do well (or openly).  Source: Josh Bersin Blog 11/20/24

Expect increased I-9 and H-1B audits in 2025: The new administration is likely to have a profound impact on immigration law and enforcement come January 20. As worksite enforcement and general immigration compliance issues were a primary focus of the Trump administration’s campaign, employers can expect an increase in the enforcement of immigration compliance, particularly ICE (Immigration & Customs Enforcement) I-9 audits, and raids. Under the Biden administration, this area of enforcement was more relaxed than it was under the previous Trump administration. Therefore, it is important to understand an employer’s obligations regarding federal immigration compliance and recommended practices to follow in the event of an audit or raid.  I-9 and H-1B audits were its highest under the last Trump administration. Connect with your immigration attorney to ensure steps to keep in compliances.  Source: Littler 11/14/24

FMLA covers clinical trials: The Family and Medical Leave Act may cover time off for employees to participate in clinical trials, the U.S. Department of Labor said in a November 8, 2024 opinion letter.  An unnamed organization — one working to find a cure for a disease that can be long-term and severe, according to the agency — requested that DOL weigh in on such potential coverage, saying that patient concerns about taking time off work were hindering participation in clinical trials.  In response, DOL made clear that employees may take FMLA leave for the treatment of their own serious health condition, even if that treatment is part of a clinical trial.  The law covers “continuing treatment” which can include, for example, prescription medication or therapy requiring the use of special equipment, Wage and Hour Administrator Jessica Looman wrote. And those interventions are similar to those used in clinical trials; the experimental nature or potential use of placebos does not render trials excluded from coverage, she said.   Source: HR Dive 11/18/24