New York News & Analysis

  • Biden targets noncompetes in EO promoting competition

    In a recent Executive Order (EO) on promoting competition in the American economy (, President Joe Biden encouraged the Federal Trade Commission (FTC) to ban or limit noncompete agreements. In doing so, he continues (and potentially accelerates) what to date has been a piecemeal effort conducted almost exclusively at the state level to limit and, in some cases, prohibit the use of noncompetes, particularly for low-wage workers.

  • Tips to make sure disabilities don't derail diversity, inclusion efforts

    The numbers aren't surprising. Year after year, statistics from the U.S. Department of Labor (DOL) show the unemployment rate for people with disabilities to be dramatically higher than the rate for people without disabilities. Figures from June show the unemployment rate for people ages 16 to 64—the age group commonly considered to be the working-age population—was 11% for those with disabilities. That compares to 5.9% for people in the same age group who don't have disabilities. The 2020 unemployment rate was 13.3% for people ages 16 to 64 who have disabilities and 7.9% for people in the same age group without disabilities.

  • Leery of hiring ex-offenders? Study looks at employer attitudes

    For years, employers have bemoaned the "skills gap." Even when candidates seem to be plentiful, many employers report a dearth of applicants with the right skills to fill positions. It's enough to put employers on the hunt for new talent pools, and recent research points out why they might consider a long-shunned group—people with criminal records.

  • Cutting-Edge HR

    Survey finds enhancing employee experience a priority. More than nine in 10 employers (94%) say enhancing the employee experience will be an important priority at their organization over the next three years. That compares with just 54% that indicated it was important to their organization before the pandemic, according to a survey from advisory firm Willis Towers Watson. The 2021 Employee Experience Survey also shows that adapting to the new reality of work will take time and require a hybrid work model, and many employers are not ready to meet that challenge. The survey also shows most respondents believe a positive employee experience is a key driver of engagement, employee well-being, productivity, and ability to attract and retain talent. The survey also shows that while employers expect the proportion of their employees working primarily remotely will drop in three years, they expect one in four will be working a mix of on-site and remotely in three years, triple the current number.

  • Federal Watch

    NLRB says solicitation of mail ballots is objectionable election conduct. In a unanimous decision on June 9, the National Labor Relations Board (NLRB) held that the solicitation of mail ballots constitutes objectionable conduct in a Board union representation election. In Professional Transportation, Inc., the NLRB held that an election would be set aside based on such conduct if the evidence showed that ballot solicitation affected a determinative number of votes. Dissenting in part, member William Emanuel favored setting aside elections whenever a party is shown to have solicited mail ballots, regardless of how many voters are affected. Applying the new rule retroactively, the Board declined to set aside the election. It found that although the employer may be able to show the union solicited the mail ballot of at least one employee, at most it would be able to establish that the solicitation affected two voters. Therefore, the solicitation could not have affected the outcome of the election.

  • HR Technology

    Oracle joins skills cloud market. Technology giant Oracle has joined the list of companies offering products aimed at helping employers continuously identify the skills they need and that are available to them. A June blog post from research analyst and adviser Josh Bersin reports Oracle is the first human capital management (HCM) vendor that has built in what he calls SkillsTechtools to help categorize, assess, manage, and improve skills at workinto an HCM platform. Bersin reports that Oracle Dynamic Skills has three major components. Skills Nexus starts with an organizations own HR data, job titles, competencies, and industry language. It then uses artificial intelligence to find unseen skills and recommend merging multiple variants of the same skill. Skills Advisor is the technology that uses skills data to recommend learning, job moves, pay changes, or other business processes. Skills Center is where employees can identify their skills gaps and proactively improve their skills.

  • Looking to hire? Luring candidates not what it used to be

    Employers have learned they must get creative when competing for top talent. No longer will the promise of a basic health plan be enough. Now, traditional enticements are just the beginning, and organizations are going to new heights to attract the best and the brightest.

  • Employers beginning to navigate the age of workforce ecosystems

    It didn't take a pandemic to get workforce experts thinking about the future of work. Freelancers, gig workers, remote workers, and others who don't fit the traditional 9-to-5 mold have been playing important roles for years. The pandemic did, however, spark more thinking about the best ways to acquire, retain, and benefit from various kinds of talent.

  • Let's make a deal: Employers offer vaccination incentives

    The Equal Employment Opportunity Commission (EEOC) recently issued guidance about whether employers may offer incentives to employees or their family members to get vaccinated for COVID-19. Although the guidelines are general in nature and don't provide specific answers about the amount you may offer as an incentive, they do provide some clarity on the do's and don'ts.

  • Cutting-Edge HR

    Developing women leaders called key priority. The Challenger Leadership Survey from outplacement and executive coaching firm Challenger, Gray & Christmas, Inc., says a key priority for business and HR leaders is developing women leaders as the country recovers from the COVID-19 pandemic. The survey, released in May, found that 93% of leaders from companies across the country said "developing women leaders" is the most critical leadership issue. Another 88% said "developing leaders with both unseen and seen diversity" is most critical post-COVID. "No doubt reestablishing women talent is critical to the recovery from the pandemic-induced recession, and leaders are acutely aware . . . that they need this representation in their executive levels and are actively investing in it," Andrew Challenger, senior vice president of Challenger, Gray & Christmas, Inc., said.