Human Resources

A federal judge last week blocked portions of the Trump administration’s executive orders targeting diversity, equity, and inclusion programs.

U.S. District Judge Adam Abelson cited that the executive orders were too vague to be enforced, failing to define operating terms such as “DEI” or “DEIA policies.”

Following the block, OMA Connections Partner Fisher Phillips created a breakdown of the executive order, the reasons behind the ruling, and what companies can do while the lawsuit plays out. 2/22/2025

A recently published article in the Cincinnati Enquirer profiled how certain Ohio corporations are responding to political pressure against diversity, equity, and inclusion policies (DEI). While the article points out DEI is not a legal term, it is more a concept utilized by human resources professionals, companies are responding in different manners in part based on their contracts with the federal government. The OMA staff and counsel are monitoring the issue. 2/20/2025

Senators Louis Blessing (R-Cincinnati) and Bill DeMora (D-Columbus) recently introduced SB 11, a bill that would prohibit non-compete agreements in Ohio between employers and employees. The legislation would allow employees to take legal action against employers enforcing such agreements while also granting the attorney general authority to intervene.

The OMA led the charge in opposing similar policies at the federal level, most notably the FTC’s proposed ban on non-compete agreements that was struck down by federal courts last year. The OMA will advocate against this latest ban attempt in order to protect these essential agreements that serve as a critical tool in protecting manufacturers’ trade secrets and incentivizing investment in critical employees. 2/13/2025

The Trump administration’s executive orders that take aim at DEI efforts in the private sector and the federal government have received their first legal pushback on Monday, with plaintiffs arguing the actions taken are “unconstitutional.”

The plaintiffs claim that DEI principles are critical to their missions, programs, and work in service of students, research and academic inquiry, restaurant workers, and everyday citizens.

OMA Connections Partner Fisher Phillips has created a breakdown of Trumps order, the lawsuit filed, and what employers need to know and pay attention to as the lawsuit moves forward. 2/5/2025

Last week, President Donald Trump issued an executive order targeting diversity, equity, and inclusion (DEI) initiatives in both the federal government and private sector. The order directs federal agencies to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities” and to encourage private employers to instead implement the Trump administration’s policy of “individual initiative, excellence, and hard work.”

OMA Connections Partner Fisher Phillips has broken down the order, as well as laid out several first steps employers can take following the order. 1/23/2024

The Federal Trade Commission on Tuesday released an interim report this week alleging pharmacy benefit managers (PBMs) have driven up costs for customers and employers. The report finds $7.3 billion in upcharges between 2017 and 2022.

The agency found that the big three PBMs are charging enormous markups on dozens of lifesaving drugs. The biggest middlemen — CVS Caremark, OptumRx, and Express Scripts — are part of huge health conglomerates that also own insurers, pharmacies, and providers such as doctors’ offices. Read more about drug middlemen. 1/14/2024

A second strike at U.S. maritime ports appears to have been averted as unions and employers reached a deal early Thursday.

According to Reuters News, union and employers referred to the agreement as a “win-win,” stating that the deal includes a resolution to the automation issue, which had been the thorniest issue on the table. 1/9/2024

In the year’s closing session, Ohio lawmakers passed House Bill 106, also known as the “Pay Stub Protection Act.” HB 106 will require employers to provide their workers with a pay stub or access to a pay stub.

Bill sponsors say the bill was necessary to protect against reported instances of wage theft within their constituencies. 12/18/2024

In a last-minute move, the U.S. Senate on Wednesday rejected Democratic President Joe Biden’s nomination of a U.S. labor board official for a new term, giving President-elect Donald Trump a chance to cement Republican control of the agency soon after taking office. Senators Kyrsten Sinema and Joe Manchin voted against confirming Democrat Lauren McFerran to a third term as chair of the National Labor Relations Board (NLRB).

“The OMA applauds the Senate’s action in rejecting McFerran’s nomination. This is a win for employers,” said OMA managing director of public policy James Lee.

Manchin cited opposition to McFerran’s support for the “joint-employer rule.” The vote is a major blow to labor, freeing up the Trump administration to push for more pro-employer policies. 12/12/2024

2024 emphasized just how important data security is for manufacturers, but not all data breaches are the result of malicious actors. Protecting your organization from both external threats and internal human error, and learning to distinguish between the two, is critical.

OMA Connections Partner BSI has created a document on how to distinguish between malicious and non-malicious data breaches and steps organizations can take to understand and prevent these from happening. 12/5/2024

Last Friday, a federal court struck down the minimum salary threshold rule for certain overtime exemptions under the Fair Labor Standard Acts (FLSA). This not only halted the Jan. 1 increase, but reversed the already-effective July 1 increase, turning back to the salary threshold outlined in the 2019 rule.

What does this mean for employers? As of last Friday, employers need not pay overtime to employees who are paid a salary of at least $684 per week and meet the other requirements under the duties tests for the administrative, professional, or executive exemptions. In addition, employers planning for the Jan. 1 increase need no longer do so. 11/15/2024

There were nearly a million engineering roles advertised in August of this year, according to HRDive, placing engineering among the top ten most in-demand professions.

Only about 15% of these vacancies can be filled every year, however, with only about 141,000 students graduating with degrees in engineering each year. Still, many employers are reporting that the engineers who they do hire lack the experience or skillset required to complete projects on time. 11/14/2024

A recent article from OMA Connections Partner Fisher Phillips reports that a second Trump administration may bring notable changes to workplace law, with expected shifts in labor relations, safety protocols, and employment classifications.

Employers could see rollbacks on OSHA’s “walkaround” rights for union reps, adjustments to the new overtime pay eligibility rule, and a more relaxed standard for classifying independent contractors. These changes are likely to provide employers with greater flexibility while reducing certain regulatory requirements.11/6/2024

U.S. job openings dropped to more than a 3-1/2-year low in September, primarily driven by the surge in labor demand in the wake of Hurricanes Helene and Milton.

The hurricanes and strikes are predicted to have temporarily curbed October’s job growth, but consumer confidence of the unemployment hit a nine-month high.

This comes just days ahead of the U.S. Department of Labor releasing the final snapshot of hiring and unemployment in the United States. The report is expected to show 120,000 jobs were added in October, less than half of September’s numbers. 10/31/2024

An article from UtilityDive highlighted the successes of internal mentorship programs to build a talent pipeline and prepare existing workers to take on leadership roles.

With the National Association of Manufacturers projecting that American manufacturers could need nearly 4 million workers in the next decade, mentorship programs might hold the key to retaining talent and ensuring institutional knowledge and skills are passed to the next generation. 10/24/2024

OMA Connections Partner Fisher Phillips has created a concise guide for employers navigating the 2024 election season. It highlights key points from their comprehensive FAQs, focusing on employers’ rights and responsibilities during this period.

The cheat sheet covers essential topics such as managing political discussions in the workplace, ensuring compliance with voting leave laws, and handling requests for time off to vote. 10/17/2024

OMA President Ryan Augsburger expressed relief that the port strike is over, for now, but cautioned that the matter is not yet settled altogether noting that the master contract will expire on January 15.

“We were pleased to add the OMA’s name to this joint industry letter asking the Biden administration to settle the strike by invoking the Taft-Hartley Act,” said Augsburger. “The agreement avoids the need for government intervention and will prevent further disruption.”

In a statement, NAM President Jay Timmons urged the Longshoremen’s Association and the U.S. Maritime Academy to use this time to reach a fair and lasting agreement. 9/3/2024

A recent report by ABI Research highlights that 50% of the top workforce challenges for manufacturers stem from talent-related issues rather than technology. Key concerns include recruiting skilled staff, retaining employees, and addressing wage expectations and union memberships.

A lack of expertise is hindering digitalization efforts, with many manufacturers prioritizing staff training as a critical investment to boost productivity. As the talent gap continues to widen, with nearly 2 million workers potentially needed in the coming years, manufacturers must focus on improving recruitment, training, and work flexibility to remain competitive. 9/27/2024

A recent survey by Intelligent.com reveals that many companies are hesitant to hire recent college graduates, with 60% of employers having let go of Gen Z workers this year due to concerns about their work ethic, communication skills, and professionalism.

Employers noted that these young workers often struggle with workplace dynamics, autonomy, and lack soft skills critical for success. However, experts caution against generational stereotypes. Manufacturing leaders like Karla Trotman stress the importance of adapting workplaces to attract and retain Gen Z talent, emphasizing the need for perks such as flexible work environments and benefits that address both physical and mental well-being. 9/24/2024

The U.S. Fifth Circuit Court of Appeals ruled last week that the U.S. Department of Labor has the power to set a salary basis floor for workers to be considered exempt from overtime pay.

This is a major step in favor of the agency as the rule is only months away from its Jan. 1 start date. OMA Connections Partner Fisher Phillips has created a breakdown of the court’s decision, the agency rule, and how employers can prepare for the take-effect date. 9/12/2024