Employers in New York State have no shortage of employment regulations with which they must comply. Recently, ESC co-hosted with the law firm Gross Shuman, an interactive panel discussion at the Hyatt Place. Our own Liz Warren and Katie Adrian were joined by Hugh Carlin and Kevin Burke of Gross Shuman to discuss the latest in employment law and HR trends and best practices. Here are some highlights from the fascinating conversation.
Disappearing Non-Compete Agreements
Across various states, including early adopters like California and Minnesota, there is a gradual trend toward banning non-compete agreements. Employees, especially younger employees, want the freedom to transition effortlessly between jobs. Non-compete agreements are often thought to unfairly restrict the ability of an individual to compete in their field, and that these agreements could negatively affect the economy.
Employers often ask how they can protect both themselves and their employees.
It’s better to focus on non-solicitation agreements and non-disclosure agreements – both designed to not restrict an employee’s ability to compete.
Non-Solicitation Agreements aim to restrict an individual (usually an employee who is leaving the company) from actively seeking to solicit or “poach” clients, customers, employees, or suppliers from their former employer. Courts are more likely to enforce non-solicitation agreements compared to non-compete agreements.
A Non-Disclosure Agreement (NDA) is designed to protect sensitive information and trade secrets. It prohibits individuals from disclosing or using confidential information obtained during the course of their employment or business relationship. NDAs are generally enforceable, and breaches can lead to legal consequences.
It’s not uncommon for companies to use both types of agreements to safeguard different aspects of their business relationships.
AI is Everywhere! (and will continue to be)
To survive in business, leaders must be intentional and proactive. Artificial Intelligence (AI) may already exist in your organization, operating behind the scenes. Examples of AI that are increasing in frequency are the use of chat bots and key word searches in resume evaluations. The allure of AI’s time saving capabilities can be enticing.
Take a look at this list of AI tools that can be helpful to businesses wanting to save time with various tasks.
How can you be more intentional with AI? Start by identifying where it might already exist within your organization. Ask critical questions:
- Is it aligned with your goals? Ensure that AI systems are serving your intended purpose.
- Is it unbiased? Scrutinize the data and algorithms to prevent unintended biases.
- Is it producing ethically sound results? Avoid outcomes that could be misinterpreted or lead to unintended consequences.
As with many situations in the workplace, train your employees on how to use AI so that the results align with your business needs and strategy. And remember the most important words of warning, “Just because you read it on the internet doesn’t make it true!”
From Boomers to Zoomers – How to Keep Them
Business leaders have been dealing with an almost inexplicable labor shortage since the beginning of Covid. As the outlook slowly improves, retaining employees beyond the three-year national average remains a challenge.
Engaging multiple generations in the workplace may feel like a challenge, that’s why we outlined a few strategies to help you bridge the generational gap in your organization.
Many younger employees seek specific attributes in their workplace:
- Flexibility in work requirements
- Opportunities for advancement
- A wellness-focused environment
- The ability to disconnect from work during off-hours
So, how can employers address these concerns? The key lies in intentionality:
- Take care of your employees. Cultivate a positive organizational culture, as failing to do so may result in one developing without your guidance.
- Upskilling: This involves providing additional training and education to employees, enabling them to acquire new skills or enhance existing ones. It encompasses incorporating new technologies, adopting industry best practices, and developing soft skills like communication and critical thinking.
- Reskilling: When technology, industry practices, or job requirements change, reskilling becomes essential. It entails teaching existing employees new skills that complement or differ from their current abilities. Reskilling programs can take various forms, such as workshops, online courses, mentorship, or on-the-job training.
- Financially prudent: Upskilling and reskilling are cost-effective alternatives to hiring new employees who lack institutional knowledge.
Remember, a proactive approach to employee development and well-being pays dividends in the long run.
For more information on these or any other hot HR topics, please contact us any time. Stay tuned for more opportunities to attend seminars in the future!