HR In Five

The daily five-minute brief on the business of HR.

Daily brief · 5 min
0:00 / 6:05

The day's five

01

Former BLS leaders criticize firing of agency commissioner

Ex-Bureau of Labor Statistics leaders and non-partisan economic groups say President Trump's dismissal of Commissioner Erika McEntarfer undermines the credibility of federal data that HR teams key comp and hiring plans to.

Former leaders of the Bureau of Labor Statistics and several non-partisan economic organizations have condemned President Trump's termination of BLS Commissioner Erika McEntarfer, RocketNews reports. According to the report, the dismissal followed the release of employment data. The former commissioners and economic groups quoted say the firing raises questions about the perceived credibility of the agency's releases. HR teams benchmark compensation and build hiring forecasts against those releases; no change to the data itself has been reported.

02

NLRB rules Whole Foods could bar BLM messaging

The National Labor Relations Board found Whole Foods lawfully barred workers from wearing "Black Lives Matter" messaging, giving employers a fresh reference point on dress-code limits.

Full story

Whole Foods Market Inc. legally barred workers from wearing "Black Lives Matter" messaging on clothing or accessories, the National Labor Relations Board ruled, per Bloomberg Law. The Board found the display was not protected by federal labor law, according to the report. The decision offers employers a reference point on when dress-code restrictions on political messaging fall outside protected concerted activity.

03

Conference Board: employer AI training skips advanced skills

The Conference Board reports employer training rarely covers advanced capabilities such as managing AI agents, a gap L&D leaders would need to close.

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Employers may not be training workers adequately for widespread AI disruption, The Conference Board said in a report covered by HR Dive. Advanced skills, such as managing AI agents, do not tend to be the focus of employer training programs, according to the report. The finding points L&D leaders toward a gap between current course catalogs and the capabilities the report describes as needed.

04

Florida court permits discipline for off-duty medical marijuana

A Florida appeals court said employers in the state may penalize workers for off-duty medical marijuana use, a data point multistate employers weigh in drug-testing policy.

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Florida employers can penalize workers for off-duty medical marijuana use, a state appeals court said, HR Dive reports. Only a portion of states that have legalized medical marijuana also bar employers from discriminating against workers holding a valid prescription, per the report. The decision sets Florida's line on off-duty prescribed cannabis, one of the state-by-state variables multistate employers track when drafting a single drug-testing policy.

05

Survey: managers using AI in layoff decisions

One survey reports managers are asking AI models to weigh factors such as age, tenure and sick days when selecting workers for layoffs — inputs that carry disparate-impact exposure.

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Some managers say they are using artificial intelligence to make layoff decisions, according to one survey cited by HR Dive. The survey reports AI models are being asked to weigh factors including sick days, age and tenure when assessing whom to let go. The survey's scope and methodology were not detailed in the summary, and the practice has not been independently confirmed. Employment counsel generally treat age and related inputs as carrying disparate-impact exposure.

Also moving today

  • AI use may improve engagement, but only under the right conditions HR Dive
  • Senate committee advances Sonderling for DOL Secretary vote HR Executive
  • 17 Law Firms Drop Out of DEI Fellowship Under Pressure From Trump Administration Washington Free Beacon
  • Former Goldman Sachs exec awarded £1.45m after parental leave dismissal Personnel Today
  • Is the rise of GLP-1 usage affecting long-term affordability? HR Executive
  • An unwritten federal policy is blocking workers' discrimination claims Maryland Daily Record
Read the transcript
Welcome back, today is Monday, August third, and we begin with reporting from RocketNews on the firing of the head of the Bureau of Labor Statistics. RocketNews reports that former leaders of the Bureau of Labor Statistics, along with several non-partisan economic organizations, have condemned President Trump's termination of BLS Commissioner Erika McEntarfer. Per that account, she was dismissed after the release of employment data showing job growth had decelerated over the summer, and Trump asserted, without supporting evidence, that she had manipulated figures ahead of the twenty twenty-four election. The same reporting says National Economic Council Director Kevin Hassett tied the removal to perceived resistance to the president's agenda across federal agencies. Friends of BLS, a group led by former commissioners Erica Groshen and William Beach, called the stated rationale "without merit" and said it "undermines the credibility of federal economic statistics," asking Congress to investigate. That reporting adds that the Association of Public Data Users, the National Association for Business Economics and the American Economic Association also objected, and that Republican senators Rand Paul, Thom Tillis and Cynthia Lummis have questioned the justification. Comp benchmarking and hiring forecasts key off these releases, so a confidence question about the data reads straight through to workforce planning. Business and economics reaction leans toward framing this as a data-reliability problem rather than a partisan one, with some pressing for legislative guardrails around the independence of statistical-agency heads. Also today, the National Labor Relations Board has ruled that Whole Foods Market lawfully barred workers from wearing Black Lives Matter messaging on clothing or accessories, according to Bloomberg Law. The Board held Friday that the display was not protected by federal labor law because it did not carry a goal related to workers' job terms or their circumstances as employees. That reporting says the Board distinguished the case from its Biden-era Home Depot decision, which faulted that retailer for effectively firing a worker who refused to remove a BLM insignia from a work apron, a decision the Eighth Circuit later vacated. For employers, it is a fresh reference point on where dress-code limits on political messaging sit outside protected concerted activity. Employer training is skewing away from the advanced end, and that gap lands on L&D leaders as AI moves deeper into the workflow. Advanced skills, such as managing AI agents, do not tend to be the focus of employer training, The Conference Board said in a report covered Friday by HR Dive. Adjacent industry reaction leans toward the view that as AI absorbs speed-and-volume work, judgment and quality of outcome become the skills that differentiate teams, with a common note of skepticism that operationalizing judgment-oriented skills is where these programs typically fall apart. Separately, a Florida state appeals court has held that employers may penalize workers for off-duty medical marijuana use, HR Dive reports. The same reporting notes that only a portion of states that have legalized medical marijuana also prohibit employers from discriminating against workers who hold a valid prescription. That is the variable multistate employers track when they write one drug-testing policy, and Florida now sits on the side that leaves prescribed off-duty use unprotected. Also today, managers say they are using AI to make layoff decisions. One survey, reported by HR Dive, found models being asked to weigh factors including sick days, age and tenure when assessing who to let go, inputs that map directly onto protected-characteristic exposure once a selection decision is challenged. Reaction leans toward treating this as an accountability question rather than a tooling one, with a recurring concern that human-in-the-loop assurances thin out when a model builds the list and a manager signs off in seconds. Some practitioners also raise the reversal cost, arguing that severance and recruiting land on a P&L while lost institutional knowledge never gets a line item. Now, a few more headlines moving the trade today. Manager support is the key to building enthusiastic support for workplace AI tools, according to Gallup research reported by HR Dive. A Senate committee has advanced Acting Labor Secretary Keith Sonderling's nomination to the full Senate, which is expected to approve the former EEOC commissioner, per HR Executive. The Washington Free Beacon reports at least seventeen law firms have exited the SEO Law Fellowship amid an EEOC probe into a complaint alleging the program excluded white applicants, with enrollment down to fifty-eight fellows from one hundred four. Average total payment per user for GLP-one medications more than doubled among adults without diabetes between twenty seventeen and twenty twenty-two, HR Executive reports. And finally, following our earlier report on the union suit over frozen federal class discrimination cases, the Maryland Daily Record reports the pause was delivered as an unwritten, oral directive to administrative judges, per a person with knowledge of it and three lawyers with cases before those judges, as the agency moves to revise its federal-sector discrimination regulations.