Human Resources

EEOC Examining AI-Based Hiring Tools

The U.S. Equal Employment Opportunity Commission (EEOC) has launched an initiative to ensure that artificial intelligence (AI) and other emerging high-tech tools used in hiring decisions comply with federal civil rights laws. According to a report by EHS Today, the commission says it plans to provide guidance on the use of AI in employment decisions. 12/1/2021

What’s Next for OSHA’s Vaccinate-or-Test Mandate?

After multiple legal challenges were filed to OSHA’s vaccinate-or-test emergency temporary standard (ETS), the Cincinnati-based Sixth Circuit Court of Appeals this week was selected by lottery to decide the fate of the federal mandate. As a result of the legal challenges, OSHA has announced it is suspending implementation and enforcement of the ETS while the court considers the legality of the requirement.

At this point, the deadlines for employers with 100 or more employees to develop compliance policies (Dec. 6) and ensure employees are vaccinated (Jan. 4) could hold, be delayed, or be struck down altogether. OMA general counsel Bricker & Eckler says this week’s developments mean the ETS compliance deadlines “are likely to be postponed.”

OMA Connections Partner Fisher Phillips has published this analysis, which summarizes what we’re likely to see from the Sixth Circuit in the coming days and weeks — noting that there’s a high probability of this legal dispute ultimately being resolved by the U.S. Supreme Court.

In the meantime, OMA Connections Partner Safex advises impacted employers to familiarize themselves with the ETS, as some or all of it may go into effect in the future. 11/18/2021

Employer Checklist for OSHA’s COVID-19 ETS

On Nov. 18, the OMA conducted a members-only meeting to discuss some of the ways Ohio manufacturers plan to address the Biden administration’s COVID-19 vaccinate-or-test emergency temporary standard (ETS), which impacts employers with 100 or more employees.

As part of the meeting, OMA general counsel Bricker & Eckler shared this ETS checklist and toolkit to help OMA members prepare to comply. As noted in the meeting, despite pending legal challenges to the ETS, employment law experts are advising affected employers to proceed with planning to ensure compliance with OSHA’s Dec. 6 and Jan. 4 deadlines. 11/18/2021

Another Record for Number of Americans Quitting Job

Americans set a second straight record for quitting jobs in September, pushing the rate to 3% (or 4.4 million workers). According to data reported by The Wall Street Journal (subscription), lower-wage workers, workers of color, and women middle managers were most likely to leave or change roles.

Meanwhile, HR Dive reports that as COVID-19 vaccine mandates loom, some smaller employers are trying to attract new talent by touting that their workplaces don’t require vaccination. 11/18/2021

Guidance on Preparing for OSHA’s ETS

To provide employers with more answers regarding OSHA’s vaccinate-or-test emergency temporary standard (ETS), OMA Connections Partner Fisher Phillips has published this FAQs page. For employers with 100 or more employees, this online resource addresses key questions regarding recordkeeping, medical and religious accommodations, and testing options.

Meanwhile, OMA Connections Partner Vorys reports on a National Labor Relations Board memo that adds another layer of complexity to consider in implementing the ETS at unionized workplaces. 11/11/2021

FDA’s Response Regarding Approved COVID-19 Tests

In their effort to prepare for the Biden administration’s vaccinate-or-test mandate on employers with 100 or more employees, some OMA members have asked which COVID-19 tests are approved by the FDA.

The FDA this week told OMA staff the agency “has not ‘approved’ any COVID-19 test,” but that several are authorized under the agency’s emergency-use authorization. Members can view the entire list of COVID-19 tests at the FDA’s site. (OMA member Abbott offers a reliable COVID-19 test that produces rapid results.) 11/11/2021

Should Employers Wait Out OSHA’s Vaccine Mandate?

When it comes to compliance with OSHA’s vaccinate-or-test emergency temporary standard (ETS), some legal experts believe many employers will wait things out, given the legal challenges facing the Biden administration.

HR Dive reports that waiting for legal battles carries risk. “If an employer completely ignores this, OSHA is ready to send a message to bad actors,” one attorney said. 11/11/2021

Webinar Will Address Developments Impacting Employment Law, Employee Benefits

On Dec. 8, OMA Connections Partner Thompson Hine will host an in-person and online all-day seminar to provide in-house counsel and HR professionals with updates on important labor and employment and employee benefits legal issues. To learn more or register for this free event, click here. 11/11/2021

Federal Agencies Focusing on Employer Retaliation

This week, the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, and the National Labor Relations Board announced “a joint initiative to raise awareness about retaliation issues when workers exercise their protected labor rights.”

According to a news release, the initiative will include “collaboration among these civil law enforcement agencies to protect workers on issues of unlawful retaliatory conduct.” Included will be a “virtual dialogue with the employer community,” focused on the importance of workers’ anti-retaliation protections and the agencies’ shared commitment to “vigorous enforcement.” 11/11/2021

Wages and Salaries Increased 4.6% Over 12-Month Period

In its September 2021 Employment Cost Index, the U.S. Bureau of Labor Statistics reported: Compensation costs for private industry workers increased 4.1 percent over the year. In September 2020, the increase was 2.4 percent. Wages and salaries increased 4.6 percent for the 12-month period ending in September 2021 and increased 2.7 percent in September 2020.

The cost of benefits increased 2.6 percent for the 12-month period ending in September 2021 and increased 2.0 percent in September 2020.

Employer costs for health benefits of private industry workers increased 0.4 percent for the 12-month period ending in September 2021. 10/29/2021