Human Resources

A $200,000 disability discrimination settlement is sending a warning to manufacturers about outdated return-to-work requirements. A Colorado machinery company allegedly required an employee to pass a 100-pound lifting test despite having reduced the position’s physical requirements to 50 pounds.

Matt Austin of Matt Austin Labor Law examines the case and its implications for employers. The Equal Employment Opportunity Commission alleged that the test did not reflect the employee’s actual duties and that the company failed to properly address her accommodation request. Austin urges manufacturers to align physical qualification standards with actual job requirements and review their accommodation procedures.

The alert also highlights a recent Occupational Safety and Health Administration reminder about forklift safety requirements. Employers must document operator training and evaluations, maintain written certifications and reevaluate operators at least every three years. Workers under 18 are prohibited from operating forklifts, regardless of training.

“Nothing says welcome back from medical leave quite like a lifting test that no longer matches the job,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “Between outdated job requirements and missing forklift paperwork, these are some expensive ways to discover your policies need an update.” 10/19/2026

Requiring employees to show up before they can clock in could leave employers on the hook for unpaid wages. A federal appeals court revived a lawsuit against grocery chain Lidl after workers alleged they were required to arrive 15 minutes early but couldn’t clock in until managers unlocked the building.

The ruling has direct implications for manufacturing operations. Employees required to arrive early for shift handoffs, safety briefings, security screenings or equipment preparation may be entitled to compensation for that time. Plant managers and HR teams should review when employees are expected to report, when they can actually clock in and whether required pre-shift activities are being captured in payroll. Just 10 unpaid minutes per shift can add up to more than 40 hours annually per employee.

“Turns out, standing around doing nothing can still count as work. Some of us have been making that argument for years,” said Dave O’Neil, director of communications at the Ohio Manufacturers’ Association. “The takeaway is worth remembering. If you’re requiring employees to show up early, you better know when the clock starts.” 10/14/2026

The Trump administration has finalized new health care price transparency requirements aimed at giving employers clearer information about what insurers pay hospitals and other providers.

The rule, issued by the departments of Health and Human Services, Labor and Treasury, removes misleading or irrelevant rates, standardizes disclosures and requires insurers to provide more usable pricing information. The goal is to make it easier for employers and plan administrators to compare costs, identify expensive providers and make better decisions about health plan design.

“Employers have been paying the bills without always having the information they need to challenge the price,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “If these rules make health care pricing easier to compare and easier to act on, that gives employers more leverage to demand better value.”

Employer groups welcomed the changes, arguing that better pricing data could strengthen companies’ ability to negotiate with health systems, build more competitive networks and steer employees toward lower-cost care. The rule also reduces some reporting requirements for insurers, including moving certain disclosures from monthly to quarterly.

Better pricing data could give Ohio employers more leverage over one of their fastest-growing costs and make it easier to hold health plans and providers accountable for what they charge. 10/6/2026

Giving employees access to artificial intelligence is one thing. Making sure they know how to use it without exposing sensitive information, relying on outdated documents or making costly mistakes is another.

As AI tools spread across manufacturing workplaces, HR leaders face questions that go well beyond technology. Who gets access to sensitive information? Which tasks require human oversight? And how do companies make sure employees understand the risks before something goes wrong?

“Investing in the technology is only the beginning. Making sure your people know what they’re doing with it is where the real work begins,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “Nobody wants to discover their AI training program needs work after an employee has shared confidential information or followed bad instructions.”

The goal isn’t to turn every employee into an AI expert. It’s to make sure they understand what the technology can do, where it can go wrong and when a human needs to make the call. 9/28/2026

A new Ohio law is making it easier for people with felony convictions to qualify for employment opportunities.

House Bill 268 shortens the waiting period for a Certificate of Qualification for Employment (CQE), allowing an individual with a felony conviction to petition one year after release from incarceration, even while still on parole, post-release control or community control. Previously, applicants generally had to complete supervision before the one-year waiting period began.

“Manufacturers are looking for every opportunity to widen the talent pipeline,” said Dave O’Neil, Ohio Manufacturers’ Association (OMA) director of communications. “This gives employers access to a broader pool of candidates while still preserving an individualized review process.”

CQEs can also provide important liability protections to employers. Matt Austin Labor Law notes that employers that know about a valid certificate when hiring can receive immunity from certain negligent-hiring claims, while the certificate can also serve as evidence that the employer exercised due care.

Austin recommends manufacturers review their application, background-check and criminal-history policies so CQE holders are properly identified and considered as the new eligibility window takes effect. 9/23/2026

As you prepare for Manufacturing Month in October, consider how you can celebrate more than what you make. Ohio Manufacturers’ Association partner Akhia shares how manufacturers can use the month to help employees, customers, future talent and their communities better understand what their work makes possible. 9/14/2026

New hires are getting buried in onboarding material, and a lot of it may not be helping. According to a new Adobe survey, employees receive an average of 13 onboarding documents and spend about 12 hours reviewing materials in their first week. Yet workers say only 60% of what they receive is actually necessary.

The bigger concern is what that overload does to confidence. More than 1 in 5 employees said onboarding made them question their decision to join the company, while 1 in 4 said confusing or incomplete onboarding hurt their confidence or job performance.

“Your first week should make someone feel like they made a good decision, not like they accidentally enrolled in a compliance scavenger hunt,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “If a big chunk of the material is not helping people get up to speed, it may be time to ask what new hires actually need on day one and what can wait.” 9/4/2026

Germany’s manufacturing slump is forcing a debate that should catch the attention of Ohio manufacturers. How long can rising costs pile up before they start changing investment decisions?

Mercedes-Benz and Stihl are among the companies pushing to move some workers from a 35-hour week back toward 40 hours without a corresponding increase in pay. Germany’s manufacturing labor costs are reported at €49.5 per hour (about $57.51 per hour), 47% above the EU average, while industrial production has fallen more than 15% from its 2017 peak. Supporters say a longer workweek could lower unit labor costs, while unions argue it would do little to fix deeper structural problems.

“Ohio manufacturers do not operate in a vacuum,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “Competitiveness usually isn’t lost in one dramatic moment. It gets chipped away by higher costs and harder decisions until companies start putting their next investment somewhere else.” 9/8/2026

A Michigan federal judge has allowed an Family and Medical Leave Act (FMLA) retaliation lawsuit against a manufacturer to move forward after finding questions about why the company fired a plant manager who had taken medical leave while retaining a colleague in a nearly identical role who had not.

The Sept. 1 ruling in Meadows v. CW Manufacturing, LLC does not establish a new FMLA standard, but it offers a useful reminder for employers making personnel decisions involving workers who have taken protected leave.

“Consistency matters,” said Dave O’Neil, director of communications the Ohio Manufacturers’ Association. “If two employees are in similar situations and one has taken protected leave, employers need to clearly explain and document why they were treated differently. If they cannot, they are making the case harder on themselves.”

Clear documentation, consistent treatment and a defensible explanation for employment decisions can become especially important when those decisions are later challenged. 9/2/2026

Federal contractors just got major relief from decades of race- and sex-based affirmative action requirements. The Office of Federal Contract Compliance Programs has finalized three rules dismantling key pieces of a compliance regime rooted in Executive Order 11246, signed by President Lyndon Johnson in 1965. The changes affect roughly 118,000 businesses employing about one-fifth of the U.S. workforce.

The biggest change formally scraps regulations implementing Executive Order 11246, including written affirmative action requirements, utilization analyses and placement goals tied to race and sex. Separate updates under Section 503 of the Rehabilitation Act eliminate the mandatory disability self-identification form, the 7% utilization goal and related data-collection requirements while leaving core nondiscrimination and other obligations intact.

“For years, federal contractors were required to build elaborate compliance systems around race, sex and other demographic classifications,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association (OMA). “These new rules significantly reduce that burden while preserving the core principle that employment decisions should be free from unlawful discrimination. The changes are coming fast, some obligations remain, and smart employers will review their policies now so they’re ready for the new landscape.”

Federal contractors should mark their calendars. Key effective dates arrive Sept. 21, Oct. 26 and Dec. 21. Longstanding federal, state and local laws prohibiting discrimination remain firmly in place even as these affirmative action requirements are rolled back.

OMA members with federal contracts should review their current policies and compliance practices now and consult employment counsel as needed to take advantage of the reduced regulatory burden while ensuring they remain in compliance with requirements that continue to apply. 8/24/2026

August is National Wellness Month, a good excuse to ask if your program is actually reaching the floor, not just the break room poster. Ohio Manufacturers’ Association member Akhia breaks down five key areas in manufacturing wellness, from shift-driven sleep to financial literacy to mental health support, and how to strengthen the communication around each. 8/20/2026

A growing number of workers are worried their skills could become obsolete, and many say employers need to do more to help them keep pace.

A new survey from ETS and The Harris Poll found 58% of workers fear becoming obsolete because they lack needed skills. At the same time, 68% said the cost of upskilling is difficult to cover, 63% struggle to find time to learn while keeping up with work, and more than half said getting employer support is difficult. Nearly nine in 10 said employers should encourage workers to set credential goals throughout their careers.

“Workers are not afraid of learning. They’re afraid of being left behind,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “Companies that make skill-building part of the job instead of one more thing employees are expected to figure out on their own will have a real advantage in attracting and keeping talent.”

As AI and other technologies continue changing jobs, the findings underscore a growing HR challenge, giving employees the time, tools and pathways to build new skills before uncertainty turns into disengagement or turnover. 8/19/2026

Employers have spent years adjusting to an NLRB that repeatedly rewrote the rules governing union organizing, workplace policies and labor disputes. That could soon begin to change.

The U.S. Senate confirmed James Macy to the National Labor Relations Board on Aug. 7, giving Republicans a 3-1 majority and the three votes traditionally required to overturn board precedent. According to an alert from Matt Austin Labor Law, Chairman James Murphy and member Scott Mayer have already flagged 28 decisions for potential reconsideration, including rules involving captive-audience meetings, severance agreements, bargaining obligations, union elections and employer liability.

“Employers should not have to rewrite workplace rules every time Washington changes direction,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “The NLRB now has an opportunity to restore some consistency, predictability and common sense to federal labor policy.”

Matt Austin Labor Law cautions that none of the flagged precedents has been overturned yet. Current rules remain in force until the board acts in individual cases, so employers should prepare for possible changes without assuming they have already occurred. 8/10/2026

Managers are increasingly using artificial intelligence to help decide who gets laid off or fired, according to a new survey of 1,000 U.S. managers who use AI at work. Some reported asking the technology to weigh attendance, salary, sick days, medical leave, tenure and even age. Nearly 4 in 10 said they had never received training on the ethical use of AI in HR decisions.

Manufacturers using these tools should set firm limits, understand what information is being considered and require a manager to own the final decision. An algorithm does not remove an employer’s legal responsibility or make a bad process easier to defend.

“Using technology does not put distance between an employer and a bad decision,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “If a manufacturer cannot explain how a termination decision was made, who reviewed it and why it was fair, the problem is not the software. It is the process.” 8/4/2026

As manufacturers continue competing for workers, expanding recruitment to include people with disabilities can help employers reach qualified candidates, improve retention and create more pathways into manufacturing careers.

Skills-based hiring is an important part of that effort. By focusing on what candidates can do rather than relying too heavily on degrees, traditional experience or rigid job descriptions, manufacturers can avoid screening out capable workers. Employers can also strengthen recruiting pipelines through partnerships with schools, community organizations and workforce development programs that serve people with disabilities.

“Ohio’s disability community is full of talented, hardworking people who are ready to contribute,” said Dave O’Neil, director of communications for The Ohio Manufacturers’ Association. “Manufacturers that focus on skills, remove unnecessary barriers and open more doors will strengthen both their workforce and their communities.”

With manufacturing job openings reaching 529,000 in May, employers have another reason to take a fresh look at how they recruit, evaluate and support talent. 7/28/2026

U.S. manufacturing reached a record $2.91 trillion in value added in 2024, but employers face a growing challenge in sustaining that momentum as experienced workers retire.

Manufacturers are projected to need 3.8 million additional workers by 2033, according to the Manufacturing Institute and Deloitte, with roughly 2.8 million openings expected to result from retirements. As many as 1.9 million positions could go unfilled without stronger recruitment, retention and training strategies.

The challenge is not just filling open positions. It is preparing for the loss of experience, technical knowledge and future supervisors before retirements accelerate.

“Manufacturers cannot wait until experienced employees walk out the door to start thinking about what they are taking with them,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “Retention, knowledge transfer and internal career development need to be treated as business priorities, not just HR programs.” 7/28/2026

A recent labor ruling offers employers a timely reminder that internal workplace messages can carry legal protections, even when the criticism is pointed or sarcastic.

An NLRB administrative law judge ordered a software company to reinstate an employee fired after she criticized management decisions involving performance reviews, job changes and possible layoffs. The judge found the messages addressed working conditions and reflected concerns shared by other employees.

“Employers have every right to enforce workplace standards, but context matters,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “A message that looks like insubordination may be protected when employees are discussing shared concerns about pay, staffing, job security or other working conditions. Taking a closer look before acting can help avoid a costly mistake.”

The ruling is not final NLRB precedent, but it underscores that federal labor protections can apply to workplace criticism at union and nonunion companies alike. 7/21/2026

Nearly one in five workplace hair drug tests came back positive, according to new data from Quest Diagnostics. Hair testing can detect use over roughly 90 days and does not establish that an employee was impaired at work, but the findings point to an increase in recurring drug use. Quest reported that the share of positive tests has risen 46% since 2021.

The trend reinforces the importance of clear drug and alcohol policies, consistent enforcement and supervisor training, particularly in safety-sensitive positions involving machinery, vehicles and production equipment. Employers also must navigate the growing divide between changing marijuana laws and their responsibility to maintain safe operations.

“Manufacturers cannot run safety-sensitive workplaces on vague rules and wishful thinking,” said Dave O’Neil, director of communications and marketing for the Ohio Manufacturers’ Association. “Employers need clear policies, trained supervisors and the authority to act when safety is at risk, while recognizing that a positive test alone does not prove someone was impaired on the job.” 7/14/2026

Ohio employers now have greater protection against fast-track federal court orders sought by the National Labor Relations Board, according to a client alert from Matt Austin Labor Law.

The Sixth Circuit on July 2 declined to reconsider its ruling in Kerwin v. Trinity Health Grand Haven Hospital, leaving in place a decision requiring the NLRB to prove actual irreparable harm before obtaining a Section 10(j) injunction. Those injunctions can force an employer to bargain, reinstate workers or take other action before the underlying labor case is resolved.

“This ruling restores an important measure of fairness,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “Employers should not be forced into sweeping, potentially disruptive action before the facts have been fully heard.”

The ruling applies in Ohio, Kentucky, Michigan and Tennessee. It does not reduce employers’ underlying labor law obligations, but it gives companies more room to litigate the merits before being subjected to one of the NLRB’s most powerful interim remedies. 7/6/2026

The Ohio Manufacturers’ Association (OMA) this week hosted a member briefing on the 340B Drug Pricing Program. The webinar explained how a program created to help vulnerable patients has become a costly, opaque system that too often leaves employers and workers footing the bill.

Shawn Gremminger, president and CEO of the National Alliance of Healthcare Purchaser Coalitions, walked members through how 340B allows eligible hospitals and providers to buy certain drugs at steep discounts, then charge employer health plans at commercial rates. Too often, there is no clear requirement that those savings reach patients at the pharmacy counter.

The employer impact is not theoretical. Briefing materials estimated that 340B-related dynamics cost Ohio workers and employers $275 million in lost savings in 2023, or $48 per beneficiary. The presentation also noted that nearly half of Ohio hospitals participate in 340B, while contract pharmacy and outpatient site networks often extend into higher-income areas and across state lines.

“Employers are paying more, patients are not guaranteed the savings and the money trail remains far too murky,” said James Lee, OMA managing director of public policy services. “That is exactly why transparency has to come before expansion.”

OMA continues to urge policymakers to stop treating 340B expansion like a free lunch. Before Ohio locks in or expands these arrangements, employers deserve basic answers. Who is capturing the savings? Are patients benefiting? And why are the businesses financing health coverage being asked to pay more with so little transparency? 6/29/2026