News from Ollis/Akers/Arney Human Resources Consulting

Why You Need an Employee AI Use Policy

Employers know that artificial intelligence (AI) is here to stay, but so many are grappling with the initial question: where do we even begin? Recognizing the benefits of AI, many companies have decided that allowing employees to use generative AI in some capacity is the path forward. Some even argue that resisting the use of AI in the workplace will result in your organization becoming an inevitable casualty of the “AI Revolution.”

While there is certainly value in embracing AI innovation, it must be balanced with the potential legal and reputational risks. Recent studies have shown that 57% of workplaces did not have an AI use policy or were still developing one, and 17% of employees were unaware of whether there was one in place. These numbers are likely even higher.

Regardless of whether your company has an AI use policy, we can guarantee that at least some of your employees are using generative AI (think ChatGPT, Bard, DALL-E and many others) to enhance their productivity and performance for business-related purposes. And, of course, it is important that they are doing so in a way that mitigates legal risks while protecting your confidential and propriety business information.

In short, the cost of inaction is high, and AI use policies are essential for all. All companies should be proactive in developing AI use policies which balance their employees’ use of AI to innovate and streamline while limiting legal risk.

Read the Husch Blackwell article HERE

Proposed Rule Would Require Salary Disclosures and Ban Compensation History Inquiries

The FAR Council (Federal Acquisition Regulatory Council) has issued a Proposed Rule, “Pay Equity and Transparency in Federal Contracting,” that, if finalized, will require federal contractors and subcontractors to disclose expected salary ranges in job announcements for certain positions and prohibit such contractors from seeking and considering job applicants’ compensation histories when making employment decisions about personnel working on or in connection with a government contract.”

The Proposed Rule applies to contracts and subcontracts of any amount and at any tier, even those below the Simplified Acquisition Threshold (generally $250,000).

Many employers are already balancing various state and municipal/locality laws related to pay transparency and salary history restrictions for applicants and employees. The preamble to the Proposed Rule notes that, as of August 2023, twenty-two states had enacted compensation history bans and ten of those states had enacted a pay transparency obligation. Compared to those state statutes, the proposed federal pay transparency and salary history requirements for government contractors and subcontractors are neither the strictest nor the most broad. The proposed obligations would, however, add additional—perhaps different—pay transparency compliance obligations for federal contractors and subcontractors that have hiring opportunities for workers performing work on or in connection with a federal contract or subcontract.

Comments on the Proposed Rule are due no later than April 1, 2024.

Read the Ogletree Deakins article HERE

Upcoming EEO-1 Reporting Deadlines

Under Title VII of the Civil Rights Act (Title VII), employers with 100 or more employees and certain federal contractors must submit a report about their work forces to the Equal Employment Opportunity Commission (EEOC) by March 31 every year. This report, known as the EEO-1 report, is a federally mandated survey that collects workforce data categorized by race, ethnicity, sex and job category.

However, the collection of this data from 2023 was delayed, and the portal for submitting EEO-1 reports was not even opened before the usual deadline in 2023. Instead, the EEOC expects to open the portal for employers to begin entering 2023 EEO-1 information on April 30, 2024.

The EEOC has also set a new deadline of June 4, 2024, for the 2023 reports.

Read more HERE

Employers Must File ACA Returns by April 1

The Affordable Care Act (ACA) created reporting requirements under Internal Revenue Code (Code) Sections 6055 and 6056.Under these rules, certain employers must provide information to the IRS about the health plan coverage they offer (or do not offer) to their employees.

Under the original rules, any reporting entity that was required to file at least 250 individual statements under Sections 6055 or 6056 had to file electronically. However, on Feb. 23, 2023, the IRS released a final rule implementing a law change by the Taxpayer First Act of 2019, which lowers the 250-return threshold for mandatory electronic reporting to 10 returns.

This means most reporting entities will be required to complete their ACA reporting electronically starting in 2024.

Read article HERE

New CDC Isolation Guidance and

Employee Leave Considerations

The Centers for Disease Control and Prevention’s (CDC) new guidance that

individuals no longer need to isolate from work for five days following a

positive COVID-19 test may raise questions with employers about what leave

they are required to provide to employees with the virus.

The revised guidance, issued March 1, 2024, advises that people who are sick

with COVID-19 or another respiratory virus stay home and away from others.

However, isolation is not necessary if an individual with COVID-19 has been

fever-free for at least 24 hours without medication and their symptoms are

improving. The guidance states that the period people should stay home and

away from others could be shorter, the same or longer than the previous

guidance for COVID-19 isolation. The new guidance is not applicable to health

care settings, which have their own CDC recommendations.

Additional information HERE

Creating a Workplace Drug Testing Policy

Creating a compliant drug testing policy involves thorough research, collaboration with legal professionals, and a focus on employee privacy and well-being. By following the steps outlined in this checklist, organizations can better develop a comprehensive drug testing policy that promotes workplace safety while respecting employees’ rights and satisfying employer obligations.

Keep in mind that other laws, privacy regulations and specific industry standards may have implications for employer drug testing policies as well. Call us for help on designing a policy that fits your specific needs.