Roundup: Child Labor, Employee Loyalty, Workplace Safety, AI & Discrimination, Addiction and Benefits
Salary.com Compensation and Pay Equity Law Review
Welcome to Salary.com's Compensation and Pay Equity Law Review.
Our editor, employment lawyer Heather Bussing, is tracking legislation, cases, and analysis to give you the latest critical HR topics.
This week we're covering:
- State changes to child labor laws and what happens when they conflict with federal law.
- How to deal with employees who are working more than one full-time job.
- New workplace safety laws are coming.
- Legal obligations to monitor artificial intelligence (AI) for discrimination
- The opioid crisis and dealing with addiction at work.
Child Labor Laws: When State and Federal Laws Conflict
As long as state laws are consistent with the underlying policy of health, safety, fairness, and protect all the things the federal law protects, it's usually OK for state and federal laws to be somewhat different. But what happens when the laws conflict? Can a state say something is permitted when there's a federal law that says it is not? The answer is usually a big "Nope."
Employee Duty of Loyalty and Multiple Jobs
An employee having multiple jobs is one of those topics where people often have strong opinions. Employers tend to take the position that employees should only spend time and effort on one job, the job with that employer. Employees usually think that if they can do the work and it's not harming either employer, why shouldn't they work two jobs if they want or need to? Both positions are valid. But it depends on the job, work, person, and sometimes legal issues.
Workplace Safety Gets a Renewed Focus in Oregon
Most employers worry more about their workers' compensation premiums than the Occupational Safety and Health Administration (OSHA). But that may be changing as we experience increased environmental issues and the ways we work change. For example, Oregon just significantly increased the penalties for workplace safety violations. We will probably see more states reviewing workplace safety.
Here’s what you should know about the renewed focus on workplace safety.
Do You Know Where Your AI Is?
There are probably a lot of companies that are using artificial intelligence (AI) and don't know it. To figure it out, answer this one question: Do you use any HR technology?
If the answer is yes, because of course you do, then it's likely those programs have AI as part of their functionality. If they sort, match, predict, or give percentages in relation to people and work, they almost certainly work based on AI. And that means monitoring for discrimination.
Here's the latest on using AI in HR and some of the new state laws addressing it.
Pain, Addiction, and Work
When you have an employee suffering with addiction, there are approaches employers can take to help. There are also things employers need to know to comply with the ADA and state laws. Mostly, employers should know how to handle an overdose at work and to address and help employees dealing with chemical dependency.
This article has a great list of suggestions on policies, programs, and benefits that can make a difference for your employees and organization.