Human Resources

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

As health care costs continue to rise, manufacturers need clearer answers on how the federal 340B drug pricing program affects employer-sponsored health plans.

The Ohio Manufacturers’ Association has warned that proposals to expand 340B in Ohio could raise employer costs without showing that patients are seeing the savings. OMA has also noted that Ohio employers already absorb an estimated $275 million a year in added 340B-related costs.

To help members better understand the issue, OMA will host a special member briefing Monday, June 29, from 1:30 to 2:30 p.m. via Zoom. Shawn Gremminger, president and CEO of the National Alliance of Healthcare Purchaser Coalitions, will join OMA staff to explain how 340B works, its impact on employer-sponsored coverage and current policy developments in Ohio. The briefing will also include a demonstration of the National Alliance’s 340B Employer Cost Impact Calculator.

“Ohio employers are already paying more for health coverage, and 340B is a fast-growing issue they need to understand,” said James Lee, OMA managing director of public policy services. “This briefing will give manufacturers a practical look at how the program affects their plans, what is happening in Ohio and what questions they should be asking.”

Register today to join the briefing. 6/25/2026

As online prediction markets grow, employers may need to review whether workplace policies address the use of confidential information in event-based betting markets.

Prediction markets allow users to buy and sell contracts tied to future events, including elections, economic indicators, business outcomes, sports and other public events. For employers, the risk is that employees with access to confidential company, customer or market information could use that information to place bets or share it with others.

“Prediction markets turn almost anything into a wager, but employers cannot let confidential business information become casino chips,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “Companies should make clear that nonpublic information is not a betting strategy.”

Employers should review confidentiality, ethics, insider trading and code-of-conduct policies to ensure they clearly prohibit the use or disclosure of nonpublic information in prediction markets. Any updates should be paired with training, reporting procedures and clear enforcement standards. 6/22/2026

The 2026 FIFA World Cup is underway in North America, giving employers a good reason to check their workplace playbook before the next hydration break.

Fisher Phillips says the expanded tournament could create workplace challenges tied to absenteeism, streaming games during work hours, office pools, wage and hour issues, and national origin harassment risks. The firm recommends that employers set clear expectations, apply attendance and device policies consistently, and remind managers that “it’s just sports” is not a defense when workplace conduct crosses the line.

“The World Cup is a great excuse to build workplace morale, but employers should make sure the office watch party does not turn into a group-stage exit for common sense,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “Soccer may be the beautiful game, but wage and hour issues, harassment complaints and mysterious 2 p.m. absences are considerably less beautiful.”

The good news is employers can still lean into the moment. Flexible scheduling, designated viewing areas and free company-sponsored pools can help boost morale without inviting unnecessary legal risk.

The goal is simple. Enjoy the matches without creating an own goal for HR. 6/15/2026

As employers increasingly use artificial intelligence in hiring and workforce decisions, HR teams should understand where those tools are being used and what risks they may create.

Employers may still own the legal liability for workplace decisions made with AI assistance, even when the tool was developed or licensed by a third-party vendor. AI tools are increasingly used to screen applicants, analyze interviews, monitor productivity and support promotion or disciplinary decisions.

“You can outsource the software. You cannot outsource the responsibility,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “Manufacturers using AI in HR or management decisions should make sure there is human oversight, clear documentation and a real understanding of how these tools affect employees and applicants.”

OMA members using AI in HR or management decisions should work with counsel to ensure appropriate policies, oversight and vendor safeguards are in place. 6/10/2026

Employers should monitor a new Equal Employment Opportunity Commission (EEOC) proposal aimed at reinforcing merit-based hiring and equal treatment in the workplace. The proposal, submitted to the White House on May 27, would rescind a 1979 EEOC rule that has allowed some employers to cite voluntary affirmative action plans as a legal defense under Title VII.

The proposal reflects a broader federal push to ensure hiring, promotion, compensation and other employment decisions are based on job-related criteria and clear documentation, not unlawful preferences based on protected characteristics. Federal contractor obligations related to veterans and individuals with disabilities remain separate and should continue to be followed.

“Equal opportunity should mean exactly that,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “The EEOC’s proposal would help reinforce a basic workplace principle that employment decisions should be based on merit, performance and job-related criteria, not protected characteristics. That clarity matters for employers and employees alike.” 6/3/2026

The U.S. Department of Labor has restored the 2019 overtime exemption rules under the Fair Labor Standards Act, giving employers clearer ground after a federal court vacated the 2024 rule. The restored standards set the salary threshold for most exempt executive, administrative and professional employees at $684 per week, with the highly compensated employee threshold back at $107,432 annually. The change is effective immediately upon publication in the Federal Register.

“HR teams have had enough regulatory whiplash,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “This is a good moment for employers to double-check classifications, salary levels and job duties, because the best time to fix a compliance issue is before it becomes one.” 5/26/2026

As more employees work later into life, HR teams should review how workplace policies, benefits and management practices account for an aging workforce. Fisher Phillips outlines key compliance considerations for employers, including age discrimination risks, disability accommodations, Medicare coordination, health savings account eligibility and retirement-plan policies.

The guidance notes that federal age discrimination law generally protects employees and applicants age 40 and older, while the ADA can create additional obligations when age-related assumptions overlap with actual or perceived disabilities. Employers should train managers to focus on objective performance standards, avoid assumptions about older workers and ensure benefit communications accurately explain Medicare and health-plan coordination.

“Experience is an asset. Assumptions are a lawsuit,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “As more employees choose to work later into life, HR teams need policies that respect performance, protect workers and keep compliance risks out of the workplace.” 5/20/2026

A federal judge has blocked North Dakota’s 340B drug-discount law, a decision that adds to the national fight over how far states can go in expanding the federal program.

The ruling found North Dakota’s law was preempted by federal law and could not force drug manufacturers to provide discounted drugs through broader third-party pharmacy arrangements.

The Wall Street Journal editorial board highlighted the case as a warning that 340B, originally intended to help hospitals serving low-income patients, has grown into a cost-shifting system benefiting hospital systems and pharmacy partners while doing little to lower costs for patients.

“This ruling is a reminder that mandates do not make costs disappear,” said James Lee, managing director of public policy services for the Ohio Manufacturers’ Association. “When states expand federal programs without real accountability, the costs are pushed somewhere else, including onto employers, manufacturers and the broader health care system.”

With similar 340B laws moving across the country, the case underscores a broader concern for Ohio’s manufacturing community. Expanding federal requirements without accountability can raise costs without ensuring savings reach patients. 5/14/2026

Ohio is preparing to launch Buckeye UI, a new unemployment insurance benefits and appeals system designed to modernize how employers, third-party administrators, workers and other stakeholders interact with the state’s UI process.

The Ohio Department of Job and Family Services (ODJFS) says the new platform will streamline the process from initial application through appeals, with launch planned for late 2026. Employers and TPAs should note that Ohio’s existing unemployment insurance tax system, SOURCE, will continue to be used for UI tax matters, while Buckeye UI will be used for benefits and appeals.

“No one likes surprises in the unemployment system,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “Buckeye UI is not launching until late 2026, but employers should use the runway to understand what is changing and what is not.”

ODJFS says no action is required at this time, but additional updates, webinars and how-to resources will be shared as launch approaches. The agency has also named Debbie Welch as a community liaison and main point of contact for future UI updates and questions. 5/15/2026

As manufacturers explore AI, automation and Smart Manufacturing tools, employers are also facing new HR and compliance questions. Littler’s 2026 Annual Employer Survey found 84% of employers expect workplace AI policy or regulatory changes to affect their business over the next year, double the share from 2025. The survey also found nearly 4 in 5 respondents are concerned about AI-related litigation, with data privacy, discrimination or bias, and state and local AI laws among the top concerns.

“AI can help manufacturers move faster, but speed without guardrails creates risk,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “The promise of AI is real, but so are the workplace questions around privacy, bias and human oversight.”

Manufacturers adopting AI in hiring, scheduling, productivity tools or workforce management should review how these systems are being used, how decisions are documented and whether HR teams are prepared to manage the people-side risks of new technology. 5/7/2026

As AI becomes more common in workplace tools, employers may face new questions around religious accommodation requests.

HR Dive reports that attorneys are advising employers to prepare for potential employee objections to mandatory AI use, even as case law remains limited. The issue could become especially complex in manufacturing environments where AI is embedded in equipment, production processes or workforce systems. Manufacturers should review whether AI use is essential to specific job duties, identify possible alternatives when appropriate, and document accommodation decisions consistently.

The broader takeaway is that AI adoption should not move faster than HR’s ability to manage the people, compliance and documentation questions that come with it. 5/4/2026

Vacation crunches, schedule swaps, teen hiring, heat exposure and overtime gaps can turn casual summer flexibility into real compliance risk.

Manufacturers should use the next few weeks to tighten attendance rules, review overtime tracking, train supervisors, revisit youth employment restrictions and make sure heat-safety practices are ready before temperatures climb. It is also a good time to remind managers that informal decisions on scheduling, breaks or off-the-clock work can create problems if they are not applied consistently.

“Summer is not exactly known for making HR’s life easier,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “Between vacations, heat, schedule swaps and seasonal hires, the smart move is to tighten the playbook before the chaos shows up.” 4/28/2026