Georgia News & Analysis

  • Is 'OK, Boomer' age discrimination? Supreme Court might tell us

    Life may be a meme—or at least it may seem that way sometimes, especially after a meme embodying intergenerational conflict recently worked its way into arguments in an age discrimination case before the highest court in the land. At oral arguments in Babb v. Wilkie, Chief Justice John Roberts asked one of the advocates if using the phrase "OK, Boomer" during the hiring process was age discrimination.

  • Who knew? Being awake at work remains an essential function

    The 5th Circuit (whose rulings apply to all Louisiana and Mississippi employers) recently addressed a former employee's claim that his firing amounted to disability discrimination because the conduct leading to his termination, sleeping on the job, was purportedly caused by his disability, diabetes. Employing common sense, the court held sleeping on the job clearly prevented him from being a qualified individual with a disability under the Americans with Disabilities Act (ADA). Let's take a closer look.

  • Dress code tips inspired by JLo and Shakira's halftime show

    Is it just me, or did JLo and Shakira's halftime performance at the Super Bowl receive more attention than the game itself? As with so many other issues these days, we are a country divided. Some believe the performance was magnificent and empowering, while others derided the halftime show as a burlesque sequel to JLo's stripper role in the movie Hustlers. Whether you watched the performance with delight, outrage, or a general sense of shock and awe, I'm sure we can all agree that the dress code for the evening certainly aroused attention and left a lasting impression.

  • Ready for the future of recruiting? AI in the spotlight

    Some tout the use of artificial intelligence (AI) in hiring as a means of quickly and efficiently screening job applicants and, perhaps more important, removing human bias from hiring. But others point to AI doing just the opposite—actually introducing bias into the process. Regardless of the pros and cons, em-ployers need to realize AI isn't going away and is instead gaining ground in various facets of the work-place.

  • Sorting out rules on joint employment: DOL, NLRB, EEOC all involved

    Figuring out when a joint-employment arrangement exists can be like traveling a dusty, winding road. When will the dust settle, and where will the road go? Those questions haven't been completely answered. One answer became clear in January when the U.S. Department of Labor (DOL) announced its final rule on joint employment. But the National Labor Relations Board (NLRB) also is at work on the issue, and the Equal Employment Opportunity Commission (EEOC) is working on a rule. Here's a look at where the issue stands.

  • H-1B update for 2020 brings good news for employers

    Finally there's a bit of good news for employers relying on H-1B visas. The H-1B cap lottery will take place in March/April 2020, and they will be able to register electronically in advance for a small fee to find out if they are successful, without going through the time and expense of preparing an H-1B petition.

  • Cutting-Edge HR

    Hiring trends over next decade identified. Recruiting and job review site Glassdoor has mined its worldwide trove of job and hiring data and created a list of eight HR and recruiting trends for 2020 and the coming decade: (1) Artificial intelligence will get a seat in upper management, (2) 2020 will begin a culture-first decade for employers, (3) companies will refresh hiring playbooks ahead of a potential recession, (4) employers will further prioritize diversity and inclusion jobs, (5) recruiters will adapt as 65 and older Baby Boomers become the fastest-growing workforce, (6) more people will find their next job on a mobile device, (7) Brexit will threaten tech hiring in the United Kingdom, and (8) the 2020 election cycle will unleash companies' political side.

  • Federal Watch

    Retaliation tops list of EEOC charges in 2019. Retaliation continued to be the most frequently filed charge considered by the Equal Employment Opportunity Commission (EEOC) in fiscal year 2019, according to enforcement and litigation data released in January. Retaliation accounted for 53.8% of all charges filed. Disability was the next most frequently filed charge (33.4%), followed by race (33.0%), sex (32.4%), age (21.4%), national origin (9.6%), color (4.7%), religion (3.7%), Equal Pay Act (1.5%), and genetic information (0.3%). The percentages add up to more than 100% because some charges allege multiple bases. The EEOC also reported receiving 7,514 sexual harassment charges during fiscal year 2019, a 1.2% decrease from fiscal year 2018. The sexual harassment charges accounted for 10.3% of all charges filed during the fiscal year, which ended September 30, 2019.

  • HR Technology

    Survey finds employers unprepared on technology front. A new study has found that most chief people officers (CPOs) know they need new skills to meet the demand of their role, but few are prepared, citing a lack of development and investment from the C-suite. The study is from HR People + Strategy (the Society for Human Resource Managements Executive Network of business and thought leaders) and Willis Towers Watson, a global advisory and solutions company. The study, based on direct input from more than 500 executives, examined key changes shaping the CPO role, and one of the findings related to technology in particular. The study found just 36% of respondents are prepared to think about how technology can be used to execute work in the future. Just 26% of the respondents said they have the technical acumen to evaluate new technologies.

  • With very few exceptions, you can't trade time off for overtime already worked—even by request

    Q We have a nonexempt employee who sent an e-mail requesting time off in lieu of pay for overtime hours he already worked. Are we allowed to grant his request?