NLRB Changes Standard for Employers Disciplining Misconduct

It will be harder for employers to discipline or fire workers who display offensive conduct while engaged in activity protected under the National Labor Relations Act, based on a ruling from the National Labor Relations Board (NLRB). 

Make Sure Generative AI Policies Cover Intellectual Property

Generative artificial intelligence, such as ChatGPT, should be used in the workplace only when policies are in place to ensure a company’s intellectual property isn’t lost and that trade secrets aren’t being disclosed, legal experts say.

SHRM Objects to Banning Noncompete Agreements

SHRM has urged the Federal Trade Commission to allow employers to continue using noncompete agreements with certain employees.                                                    

COVID-Related Form I-9 Flexibilities Set to Expire July 31, 2023

On May 4th, the U.S. Immigration and Customs Enforcement (ICE) reconfirmed that the current COVID-related Form I-9 flexibilities are set to expire on July 31, 2023. According to ICE, employers will have 30 days after the deadline to ensure that they are in compliance with pre-pandemic I-9 processes.

ICE recommends that “employers who have been using those temporary flexibilities plan ahead to ensure that all required physical inspection of identity and employment eligibility documents is completed.” Essentially, before August 30, employers that utilized the flexibilities for their Form I-9 onboarding will need to physically inspect employment and identification documentation for those hires.

SHRM has led advocacy efforts to modernize Form I-9, which resulted in the extension of Form I-9 flexibilities. It also prompted the Department of Homeland Security (DHS) to formalize the authority of the Secretary of Homeland Security to extend flexibilities, provide alternative options, or conduct a pilot program that would permit remote inspection of employee identity and employment authorization documents. DHS is still reviewing the public comments from its August 18, 2022, proposed rule, which includes SHRM’s public comment. DHS announced that it plans to release a final rule “later this year.”

SHRM believes the Form I-9 process must reflect the needs of the modern workplace, which includes permanent remote Form I-9 preparation to support efficient onboarding processes for HR professionals. SHRM stands ready to partner with federal agencies to ensure that the final regulation reflects the reality of today’s and tomorrow's U.S. workforce and leverages current and emerging technologies.

Please stay tuned for more updates on this critical workplace issue.

Supreme Court Upholds Salary Requirement for Overtime Exemption

2/22/2023:  In Helix Energy Solutions Group v. Hewitt, the Supreme Court ruled 6-3 that a former employee who made more than $200,000 a year was eligible for overtime pay, as he was paid on a daily basis.

Questions Remain About Proposed Revisions 

to Overtime Rule

This spring, employers are expecting to learn about the U.S. Department of Labor’s (DOL’s) proposed changes to the overtime rule. It’s anyone’s guess how high the DOL may want to raise the salary level threshold for the white-collar exemptions to the rule, but it could be quite high, experts say.