Three Communication Tips to Raise Productivity

Communication is often the key to success especially within the workplace and during team projects. If communication expectations are laid out and shown to employees, the chance of higher productivity is more common. Read this blog post for helpful tips.


If you're looking for ways to bump productivity, rescue slumping performers or improve teamwork, start with your expectations. These subtle—but very powerful—elements of your leadership toolkit can produce lasting results.

Raising your expectations doesn't require you to adopt a perpetual cheery optimism, but it does require you to make a brutally realistic assessment of current conditions. If productivity is low, cycle time is horrible and/or quality is poor, you need to acknowledge the facts—or you'll never be able to improve performance. And part of that brutal assessment requires looking in the mirror. Perhaps, without realizing it, your underlying beliefs are contributing to the performance situations you see around you.

Three components make up the messages you send: the words you use, the way you say them and your nonverbal cues.

Words

Here are some examples of how to frame your expectations for performance improvement in three different situations.

  • If productivity is down, you might say: "Well, as we look at productivity, we can see that it's 2 percent below where it was last year. I know we can get back to where we were—and eventually beyond—because we have the horsepower right in this room to do it." In selecting these words, you've acknowledged where performance is and expressed confidence about improvement.
  • If you're making progress in an area—but more progress is required—the message might be: "While we're making progress on quality, it's still not where it needs to be. I know we can get to where we need to be by continuing our Six Sigma efforts. Let's look and see where we need to put our resources next."
  • If performance is good and you want to boost it more, the message should be: "Cycle time is good, never been better. Let's look at how to cut it even further. I know we can do it if we work together to figure out how."

In each example, your words describe the present situation in simple and direct terms and also express confidence in moving to further improvement.

Verbal Intonations

The tone of your voice is the second element of your message. Everyone has experienced situations where the words sent one message and the tone of voice sent another. When there's a conflict, most people believe what is conveyed by the tone of your voice. So, make sure that your tone matches the positive message of your words. Not only should you avoid the obvious mismatch, but also the unintentional mismatch—those occasional situations where your words say one thing and your tone of voice says another.

Nonverbal Cues

The bulk of the meaning lies here. You can say the words, and your tone of voice can match the words. But if you're looking around, tapping your fingers, shaking your head "no" or doing any one of the hundreds of other seemingly little things that say, "I don't believe in you," you're not going to get the performance you want. Here are five categories to check yourself against:

1. Body position. If your arms are crossed, your legs are crossed away from the person you're communicating with or you're giving the "cold shoulder," then you're sending negative messages. On the other hand, if your body position is open—you're facing the person rather than looking away—you communicate honesty, warmth and openness. If your posture is erect rather than slumping, you communicate positive beliefs. And if you're leaning slightly forward, you demonstrate interest in the other individual.

2. Hand gestures. Avoid tapping your fingers ("I'm impatient"), hiding your mouth ("I'm hiding something"), wagging your finger (the equivalent of poking someone with your finger) and closed or clenched hands ("I'm upset"). These gestures all conflict with an "I believe in you" message. Instead, use open hands with palms up ("I'm being honest with nothing to hide") or touching your hands to your chest ("I believe in what I'm saying"). Both of these emphasize a positive message.

3. Head. If your head is shaking back and forth or tilted off to one side, you're sending a message of disbelief. On the other hand, if your head is facing directly toward someone and you're nodding up and down, you're delivering a nonverbal message of belief and confidence.

4. Facial expressions. Smile, and keep your mouth relaxed. Show alertness in your face and act like you're ready to listen. Do these regularly and you'll have created an open communication pattern with someone who will believe in your sincerity. On the other hand, if you're tight-lipped, are clenching your jaw muscles and have only a grim smile, no smile at all or a frown, you'll send a message that says: "No way can you possibly succeed at this project."

5. Eyes. Maintaining good eye contact is one of the most important nonverbal signals you can send. It conveys the message, "I'm interested in you and when I say I believe in you, I really do." Making sure that your eyes are open wide is also helpful. Squinting can deter the recipient. Worse yet is looking around, paying attention to other things and not paying attention to the person or topic at hand.

Communicate high expectations well enough and you may even have to step aside to avoid getting run over by a team of committed players whose performance is accelerating.

SOURCE: Connellan, T. (29 September 2020) "Three Communication Tips to Raise Productivity" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/people-managers/pages/three-communication-tips-to-raise-productivity.aspx


5 ways HR can help millennials be smarter than their parents about retirement

Getting younger employees to save for retirement is right up there with getting a finicky child to eat their vegetables. Sure, it's good for them, but it's not always what they want.

Participation rates and average deferral rates in voluntary enrollment plans for workers younger than 35 are well below those of other age groups, indicating that HR teams may need to take extra steps to reach this segment of their employee base, according to data from Vanguard, a leading 401(k) provider.

HR professionals are uniquely positioned to best assist younger workers. The best tack for HR experts to take with millennials in regard to retirement saving is to point out some of the mistakes their parents' generation has made in that area.

Help employees understand the destination
When it comes to saving for retirement, a lot of older workers are clearly lost. Younger workers have an opportunity to do a better job of staying on track.

Vanguard’s data show the average 401(k) participant within 10 years of retirement age (i.e., between ages 55 and 64) has a plan balance of just $69,097.

That may not provide much help over a retirement of 10 or 20 years.

Caution young staff members that one reason older workers are so badly behind in retirement saving is that they haven't checked first to see where they're going.

A MoneyRates retirement plan survey finds that 71% of workers within 20 years of retirement age still have not done a calculation of how well their savings will hold up over their retirement years.

Encourage your workforce to determine what enough savings is. Inform your staff that it only takes a few minutes to use a retirement calculator to see how much to put aside to meet savings goals. That way, your employees will know where their retirement plan is heading.

Educate employees on how to get debt under control
Saving for retirement is undermined when employees are also building up debt at the same time.

Stress that debt costs more than retirement investments are likely to earn, a dollar in debt can more than counteract the benefit of a dollar in savings.

According to the Federal Reserve's Survey of Consumer Finances, the typical household still has $69,000 in debt by the time the head of that household is within 10 years of retirement.

Notice that this figure almost exactly matches the previously-mentioned amount that the average 401(k) participant in that age group has. In other words, debt can effectively wipe out a person's 401(k) savings.

So, your team’s first step toward educating workers about building a more secure retirement should be to do something many in their parents' generation failed to do: get debt under control.

Teach employees how to spread savings to make the burden lighter
Retirement saving is a big job, but younger workers have something very important on their side: time. Emphasize that spreading retirement savings out over 25 to 40 years makes the job much easier.

It gets tougher if young workers do what many of their parents' generation have done--wait and then try to catch up in the last ten years or so until retirement.

The golden rule: Don't leave free money on the table
When employers provide a 401(k) match, all staff should understand there's a direct financial incentive to start saving now. Every time employees put money into their 401(k) plan, the employer kicks in some on their behalf.

If employees don't contribute money into the plan, they don't get this money from the employer. There's no going back in future years and reclaiming that extra money the employer would have put in on the worker’s behalf.

The only way not to miss out on this free money is to contribute each and every year— and to contribute enough to get the maximum employer match available.

Show employees the benefits of saving
A dollar saved today can equal $10 at retirement age.

Saving money is hard work, but HR professionals can show their employees that it gets easier when they let their investments do the work for them.

The investment returns earned become much more powerful when compounded over a long period of time. Compounding means earning a return not just on the original money invested, but also on the returns earned in other years.

Younger workers must recognize that a dollar invested today could be worth much more than a dollar invested toward the end of their career.

There are many people of older generations who would be a lot better off today if they absorbed each of these five lessons when they were younger.

SOURCE: Barrington, R. (14 October 2020) "5 ways HR can help millennials be smarter than their parents about retirement" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/opinion/ways-hr-can-help-millennials-be-smarter-than-their-parents-about-retirement


New financial benefits give small business employees early wage access

 


Mandatory quarantines and business closures during the coronavirus pandemic have taken a particularly large financial toll on small businesses, forcing many employers to reduce wages and health coverage.

Sixty-five percent of small businesses said they were either extremely concerned or very concerned about how the coronavirus will affect their business, according to a survey by Freshbooks. In addition to financial pressure, small business employers are also tasked with providing benefits that will support struggling employees.

“COVID-19 just exacerbated what was going on in the market and put even more pressure on small companies and their employees,” says Emily Ritter, head of product marketing at Gusto, a payroll and employee benefits platform for small businesses. “Employees across America are living paycheck-to-paycheck and the stress of that can be expensive for households.”

Gusto has launched a new set of health and financial wellness benefits to provide employees with early access to earned wages, medical bill reimbursement and a savings account.

These financial tools are especially beneficial as healthcare costs drive many employees into debt, Ritter says. According to a Salary Finance survey, 32% of American workers have medical debt, and 28% of those who have an outstanding balance owe $10,000 or more on their bills.

“Financial health and health coverage is so inextricably linked, which has come into the limelight with COVID-19,” Ritter says. “We're seeing that small group health insurance is something that is really important, so if we can help small businesses help their employees with health bills, that's another component of financial health.”

Gusto’s new benefit offering allows employers to contribute to employees’ monthly health insurance costs. Contributions can vary from $100 to amounts that would cover an employee’s entire premium. The contributions are payroll-tax-free for the business and income-tax-free for employees, and employers also have the flexibility to adjust their contribution at any time.

“A large portion of American workers say that they wouldn't be able to handle the financial implications of a large injury or illness, and of course illness is top of mind in the midst of a global pandemic,” Ritter says. “So it was really important for us to show up with these solutions.”

Additionally, Gusto has launched Gusto Cashout, which gives workers early access to earned wages without any fees, helping them avoid having to turn to payday loans, overdraft fees or credit card debt between paychecks. With a new debit card function and cash accounts — which also provide interest — workers can put aside savings straight from their paychecks, helping them better navigate short-term emergencies and unexpected expenses.

Even before coronavirus, less than half of adults living in the U.S. had enough savings to pay for a $1,000 emergency expense, according to a Bankrate.com study, and 50% of employees said they live paycheck to paycheck, a CareerBuilder survey found.

“We're really trying to help people be prepared in those rainy day moments and avoid the debt cycle that happens,” Ritter says. “Because this product is free [for our clients’ employees] and the wages come out of their paycheck on payday, there is no continuous debt cycle that happens with a payday loan.”

Fifty-one percent of Americans feel at least somewhat anxious about their financial situation following the coronavirus outbreak, according to a recent survey from NextAdvisor, and nearly three in 10 Americans’ financial situation (29%) has been negatively impacted since the pandemic began.

Providing employees with financial wellness resources and other support can help small business owners build a more efficient and competitive business, despite the challenges faced during COVID, Ritter says.

“It's a win win for their employees and for their business,” Ritter says. “When employees are more financially stable, they're able to show up more effectively at work.”

SOURCE: Nedlund, E. (13 October 2020) "New financial benefits give small business employees early wage access"(Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/news/new-financial-benefits-give-small-business-employees-early-wage-access


Employees work an extra 26 hours a month when remote

 


Only months ago, a growing number of businesses were experimenting with or adopting a four-day workweek, but remote work policies imposed by the coronavirus pandemic have pivoted this trend in the opposite direction.

Full-time employees are working an extra 26 hours a month when remote, adding nearly an extra day of work to the week, according to a new report from Owl Labs, a video conferencing technology company.

The increase in work hours may be due to employees needing more time to adapt to new changes businesses have made in response to the pandemic, says Frank Weishaupt, CEO of Owl Labs. Having the workplace always available — as employees work right in their house — is also blurring the lines between work and home, possibly adding to their hours worked.

Employees may also be filling in the time they spent commuting with more time at work. The report found employees were spending an average of 40 minutes daily on their commute.

“Everybody's situation is different, but I was commuting roughly two to three hours per day, which is 10-15 extra hours per week,” Weishaupt says. “Now I have a lot more flexibility in terms of when my workday starts and ends, and I don't have to give that time to the commute — but can actually give it to work.”

But along with increased work hours are increased levels of stress. Almost 1 in 2 employees are worried that staying remote could negatively affect their career, according to the findings. During the coronavirus pandemic, 91% percent of employees say they’ve experienced moderate to extreme stress while working from home, according to a survey by Ginger, a mental health benefits platform.

Despite these challenges, the flexibility of working remotely has helped many employees achieve better work-life balance. Overall, the report found that workers were benefiting from the perks of remote work, and named avoiding their commutes and having more time with their families as top reasons to continue working remotely.

“When you look at the overwhelming data, it shows that employees are much happier, which is a bigger indication of what this change has meant for people,” Weishaupt says. “Yes, people are working significantly more, but they're not having to sacrifice their personal lives to work. People are happier and feel just as productive, if not more [when working remotely].”

SOURCE: Nedlund, E. (21 October 2020) "Employees work an extra 26 hours a month when remote" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/employees-work-an-extra-26-hours-a-month-when-remote


Managers: Be Upfront with Staff to Build Workplace Resilience

Anew pandemic-related study found that workplace resilience—how employees respond to obstacles—is developed when managers and senior leadership keep employees informed about organizational challenges and the near-term future of the business.

Workplace engagement expert Marcus Buckingham, head of the ADP Research Institute, surveyed 26,500

employees from 25 countries in June to understand the impact of the COVID-19 pandemic on the workplace. Buckingham revealed results of the study at the HR Technology Conference and Exposition held virtually Oct. 27-30.

The main conclusions were that workers' resilience levels around the world are low— just 17 percent of workers overall from the surveyed countries were shown to be highly resilient—but resilience increases with direct, personal experience with the coronavirus.

"We humans do better psychologically when we deal with reality head-on," Buckingham said. "We do not need senior leadership to sugarcoat things and pretend that things will go back to normal. People need facts, not blithe reassurance. Their well-being is preserved, not diminished, when they can see the reality of the situation and respond to it, rather than when it is hidden from them or unknown."

He added that the realization should be eye-opening for managers. Mollifying employees or being vague about what is happening during a crisis like the COVID-19 pandemic "will not make them feel better," he said. "When people know what is happening, they can build resilience, overcome fear and access their capacity."

The ADP Research Institute came up with a series of questions to measure resilience at work, including questions about autonomy, the ability to compartmentalize, the ability to find strength in work, optimism about the future, and whether or not managers and senior leaders are trusted. Survey participants were also asked how they had personally been affected by COVID-19, what workplace changes they had experienced and which of those changes they thought would become permanent.

"We were able to calculate which employees are highly resilient—demonstrating agency and the ability to compartmentalize, while feeling psychological safety and demonstrating trust in their leaders' ability to anticipate the future, communicate and follow through on commitments," Buckingham said.

His prediction going into the project was that the respondents from countries that had responded most effectively to the pandemic, such as Singapore, South Korea and Taiwan, would display the most resilience, while workers from countries more severely impacted by the virus like Brazil, India and the United States would show comparatively lower levels of resilience.

"To my surprise, this thesis did not hold up," he said. The countries with the highest percentage of highly resilient employees were India (32 percent), Saudi Arabia (26 percent) and the United Arab Emirates (24 percent), followed by the United States (16 percent).

The countries with the lowest percentage of highly resilient employees were South Korea, Sweden and Taiwan (all with 8 percent).

The data showed that there was no statistically significant difference in resilience based on factors such as gender or age. But one variant factor made a big difference—more direct experience with COVID-19 led to higher resilience.

If someone responded that he or she had had COVID-19, cared for a loved one with the virus, or knew a friend or work colleague with it, that individual was three times more likely to be highly resilient than someone who didn't. If the respondent answered "yes" to all the COVID-19 impact questions, he or she was four times more likely to be highly resilient.

Experiencing workplace changes and disruptions, such as the use of protective gear, sudden remote work, and layoffs or furloughs, also led to high resilience.

"Workers who experienced at least five changes at work were 13 times more likely to be highly resilient," Buckingham said.

The experience of change also influenced expectations for the future of work. The more changes workers experienced, the more likely they were to predict that such changes would become permanent.

The study also found that while employee engagement and resilience are related, they are independent of one another. "You can be highly resilient but not very engaged, and very engaged but not very resilient," he said.

There's one thing managers can do to build both engagement and resilience, Buckingham added: "If things are changing quickly, like the year we just experienced with COVID-19, an antidote to that is frequent check-ins. Ask your employees at least weekly, 'What are you working on?' and 'How can I help you?' "

SOURCE: Maurer, R. (11 November 2020) "Managers: Be Upfront with Staff to Build Workplace Resilience" (WeB Blog Post). Retrieved from https://www.shrm.org/hr-today/news/hr-news/pages/managers-be-upfront-with-staff-to-build-workplace-resilience.aspx


Steer Clear of Misconceptions About FFCRA Tax Credits

As employers learn about the paid-leave requirements under the Families First Coronavirus Response Act (FFCRA) and corresponding tax credits, misconceptions have arisen related to such details as when to claim the credits and which employers are eligible to claim them.

The FFCRA requires employers with fewer than 500 employees to provide up to 80 hours of emergency paid sick leave and up to 12 weeks—10 of which are paid—of Emergency Family and Medical Leave Expansion Act time off to employees who can't work for specific reasons relating to the COVID-19 pandemic. "Under the FFCRA, the federal government will reimburse employers for the cost of this leave by way of refundable tax credits," said Jim Paretti, an attorney with Littler's Workplace Policy Institute in Washington, D.C.

Eligible employers can claim refundable tax credits under the FFCRA for all or part of the cost of providing qualified paid-sick or family leave taken from April 1 through Dec. 31, noted Dasha Brockmeyer, an attorney with Saul Ewing Arnstein & Lehr in Pittsburgh.

When to File

Some employers believe they must wait until the end of the quarter or end of the year to claim the credits, said Asel Lindsey, an attorney with Dykema in San Antonio.

Eligible employers claim the FFCRA tax credit by retaining payroll taxes—federal income taxes and Social Security and Medicare taxes—that would otherwise be deposited with the IRS, she said. If the retained payroll taxes are insufficient to cover the full amount of the tax credit, employers can file a request with the IRS on Form 7200 for an accelerated payment. Form 7200 can be filed before the end of the month following the calendar quarter in which the qualified sick- or family-leave payments were made.

Nonetheless, the form may not be filed later than the date on which the employer files the Form 941 for the fourth quarter of 2020, which generally is due Jan. 31, 2021, she said.

"If an eligible employer receives tax credits for qualified leave wages, those wages will not be eligible as payroll costs for purposes of receiving loan forgiveness under the CARES [Coronavirus Aid, Relief, and Economic Security] Act," said Carrie Hoffman, an attorney with Foley & Lardner in Dallas.

Additional common misconceptions concern the eligibility for or availability of the FFCRA paid-leave tax credits, according to Robert Delgado, KPMG's principal-in-charge of tax compensation and benefits in San Diego, and Katherine Breaks, KPMG's tax principal in Washington, D.C. They include these incorrect assumptions:

  • The group aggregation rules for determining whether an employer is eligible for the paid-leave tax credits under the FFCRA are the same for determining employer eligibility for other COVID-19-related relief, such as the employee retention credit under the CARES Act. While some employers assume that the group aggregation rules used to determine eligibility for the paid-leave tax credits are driven by tax rules, they actually are defined by the labor rules and outlined in U.S. Department of Labor guidance, as the tax credit is secondary to the requirement to provide paid leave. Under these rules, a corporation is typically considered to be a single employer but must be aggregated with another corporation if considered joint employers under the Fair Labor Standards Act rules with respect to certain employees or if they meet the integrated employer test under the Family and Medical Leave Act (FMLA).
  • Employers must choose between claiming tax credits for paid leave under the FFCRA or for wages paid to employees under the employee retention credit, but they may not claim both. In fact, eligible employers may receive tax credits available under the FFCRA for required paid leave, as well as the employee retention credit, but not for the same wage payments. Similarly, employers can provide both qualified sick-leave wages and qualified family-leave wages and claim a tax credit for both, but not for the same hours. Employers may not receive a double benefit by claiming a tax credit under Section 45S taking into account the same qualified leave wages.

Other Myths

Delgado and Breaks stated that other misconceptions include the following:

  • The tax credit is limited to the qualified wages an employer must pay to an employee under the FFCRA for emergency paid sick leave and expanded FMLA. In fact, the tax credit is generally equal to 100 percent of the qualified wages an employer must pay under the FFCRA for emergency paid sick leave and expanded FMLA increased by the employer's share of Medicare owed on the wages, as well as any qualified health plan expenses.
  • An employer may not receive tax credits for FFCRA-required paid leave if it receives a Small Business Administration Paycheck Protection Program loan. Actually, an employer may receive tax credits for paid leave under the FFCRA, as well as a Small Business Administration Paycheck Protection Program loan, but the qualified wages are not eligible as payroll costs for the purposes of loan forgiveness.
  • Employers can exclude the amount of the paid-leave tax credit from gross income. In fact, employers must include the full amount of the credits in gross income—that is, qualified leave wages plus any allocable qualified health plan expenses and the employer's share of the Medicare tax on the qualified leave wages. But employers may deduct the amount paid for emergency paid sick leave and expanded FMLA as an ordinary and necessary business expense in the taxable year paid or incurred, including wages for which they expect to take a tax credit.

"If an employer fails to claim a paid-leave tax credit on their Form 941 for the applicable quarter in which the leave wages are paid, the employer can submit a Form 941-X to reflect the corrections, including eligibility for the credit," Delgado and Breaks also noted.

SOURCE: Smith, A. (13 November 2020) "Steer Clear of Misconceptions About FFCRA Tax Credits" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/coronavirus-misconceptions-ffcra-tax-credits.aspx


Justices Seem Unlikely to Strike Down Entire Affordable Care Act

The U.S. Supreme Court appears hesitant to invalidate the Affordable Care Act (ACA) in its entirety, based on questions the justices posed during oral argument Nov. 10.

The ACA requires that most Americans either maintain a minimum level of health care coverage or pay a specified amount to the Internal Revenue Service. In a 2012 opinion written by Chief Justice John Roberts Jr., the Supreme Court upheld this mandate as a legitimate exercise of Congress' taxing power. In 2017, and effective in 2019, Congress amended the ACA to set the penalty to zero, making the individual mandate provision unenforceable.

In two consolidated cases, California v. Texas and Texas v. United States, the Supreme Court has been asked to decide whether reducing the penalty to zero rendered the minimum-coverage provision unconstitutional—and, if so, whether the rest of the ACA can remain enforceable without it.

"The justices seem to be leaning toward, at a minimum, finding the individual mandate severable and preserving the remainder of the law," observed Benjamin Conley, an attorney with Seyfarth Shaw in Chicago. The most notable takeaway from the arguments, he said, was that Roberts and Justice Brett Kavanaugh "all but stated that they believe the individual mandate is severable."

Questions Before the Court

The court will first consider whether the plaintiffs have standing to challenge the ACA, then it will move to the merits of the case. Texas and other states that challenged the ACA argued that "Congress may not use its power to regulate interstate commerce to order Americans to buy health insurance" and that the only reason the individual mandate survived a legal challenge was because it was "fairly possible" to read the ACA's mandate as a tax trigger. "Because the mandate raises no revenue, it can no longer be read as a tax," they wrote in a brief to the Supreme Court.

The U.S. House of Representatives and a group of Democrat-led states are fighting to keep the ACA intact. If Texas successfully challenges the ACA, "more than 20 million Americans could lose their health care coverage, 130 million Americans with pre-existing conditions could lose protections, and drug costs could skyrocket for seniors," House Speaker Nancy Pelosi tweeted Nov. 10.

In December 2019, the 5th U.S. Circuit Court of Appeals sided with Texas, holding that the mandate is unconstitutional since there is no longer a penalty for people who fail to buy health insurance.

But the Supreme Court justices raised doubts about that argument. "I think it's hard for you to argue that Congress intended the entire act to fall if the mandate were struck down when the same Congress that lowered the penalty to zero did not even try to repeal the rest of the act," Roberts said during oral argument. "I think, frankly, that they wanted the court to do that. But that's not our job."

Justice Amy Coney Barrett, the court's newest justice and sixth conservative on the bench, has previously raised concerns with the Supreme Court's 2012 ruling. "Justice Barrett has criticized Justice Roberts' decision to uphold the ACA," said Sage Fattahian, an attorney with Morgan Lewis in Chicago. "The general view is that her vote may be the deciding vote in invalidating the ACA, but all of that remains to be seen."

Seyfarth Shaw's Conley noted that votes from Roberts and Kavanaugh, plus the three liberal justices—Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor—would be enough to preserve the remainder of the law.

"The most interesting questions and comments, for me, came from Justice Kavanaugh," Fattahian observed. At oral argument, Kavanaugh said he thinks there is "a very straightforward case for severability" under Supreme Court precedent.

"Chief Justice Roberts also asked questions that seemed to indicate that the proper remedy in this case would be to sever the individual mandate from the rest of the ACA," Fattahian said. "This would mean that the ACA's plan mandates and employer mandate, along with ACA reporting requirements, would all remain intact."

Employer Takeaway

So what will a ruling in the case mean for employers? "While a ruling striking down the entire law could definitely have an impact in the long term, we don't think any short-term action is required," Conley said.

Even if, for instance, the Supreme Court invalidates the provision of the law allowing dependents to remain on their family's plans until age 26, an employer could certainly continue to offer such coverage even if it is no longer required. "So any plan-driven changes resulting from the ruling would be more incremental and long term," Conley added.

A decision in the case is not expected until June 2021. "In the meantime, employers should note that the health care law remains fully in effect during the litigation, including all coverage obligations and reporting requirements," said Chatrane Birbal, vice president of public policy for the Society for Human Resource Management. If there are changes to the health care law, employers should be aware that the changes will not take effect immediately, she noted.

Fattahian said, "Employers should continue down the path of compliance. Should the ACA be held to be unconstitutional, it will remain to be seen how it will all unwind and what, if anything, will take its place."

SOURCE: Nagele-Piazza, L. (12 November 2020) "Justices Seem Unlikely to Strike Down Entire Affordable Care Act" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/supreme-court-oral-argument-affordable-care-act.aspx

A step-by-step guide to helping your employees combat financial stress

Finances are often one of those lingering thoughts that can be detrimental to an employee's productivity, during these times of the coronavirus pandemic, those thoughts may not just be lingering anymore. Read this blog post to learn more.


With the virus dominating everyone’s thinking and many employers concentrating on keeping their businesses afloat, it may be hard to focus on your employees’ financial future. Even before COVID-19, employers saw the link between financial stress and decreased workforce productivity. With COVID-19 creating business pressures, it’s imperative that your workforce meet the needs of your customers, and they can’t do that effectively if they are worried about their own or their family’s finances.

Millions of Americans are struggling due to the economic backslide stemming from the pandemic. The first months of the COVID-19 pandemic largely wiped out three years of financial gains in the United States, with more than half of Americans reporting their financial health has been compromised, according to Prudential’s 2020 Financial Wellness Census. While some are focused on making it day-to-day, the economy has also shaken others who considered their finances stable for the future. Although your employees still have a job, you must not lose sight of the fact that their spouse or partner may have lost their job or been furloughed, reducing their incomes by half, which can set any family back.

No matter how bleak things may look right now, you can still help your employees plot a path back to being financially well. Here are four steps to help restore your employees’ financial confidence.

1. Help them build a strong foundation

Employees must take stock of the money that is still coming in and create a budget. Many employers offer budgeting tools as part of their financial wellness program, so consider ramping up your email communications to remind employees of these tools, which can help them categorize expenses as essential or discretionary. If you offer any form of debt management support you can remind them to take advantage of that too. You may also want to provide them with education on how to create a will, something many people overlook. Finally, encourage employees to designate beneficiaries on insurance and financial accounts.

2. Use open enrollment season to protect them against income and expense shocks

Open enrollment season, which is underway for many companies right now, is the perfect time to reinforce non-health workplace benefits, like life insurance, long-term disability insurance, hospital indemnity insurance, critical illness insurance and accident insurance. Emphasize your paid family leave policy too, if you have one. This is especially timely right now for workers who are without childcare options, but must return to the office after months of remote working.

3. Assist them in planning for their future and retirement

Some employers who have implemented financial wellness programs have partnered with providers to create financial wellness assessments so they can understand how their employees are faring. If you have this tool and notice that your employees have the basics down, they should be comfortable expanding their financial safety net. Consider encouraging them to increase their retirement contributions and use email campaigns to empower them to take advantage of the company match, if you offer one. If your employees have access to Health Savings Accounts, Flexible Spending accounts and Dependent Care Accounts to help manage healthcare and childcare expenses, be sure to emphasize their importance in your open enrollment email communication campaigns and virtual open enrollment education sessions.

4. Educate your employees on how to secure their financial future

Once employees have rebuilt their financial base, it’s time to help them strengthen the protections they’ve created. Consider hosting virtual webinars to educate them on how to protect themselves from market volatility by maximizing the options in their retirement savings plans. Common options include target date funds or other asset allocation tools as well as in-plan retirement income options and other retirement draw-down strategies. If your financial wellness program includes financial advising or counselling, encourage them to leverage an advisor or financial planner to minimize their non-mortgage debts and calibrate their life insurance coverage to create lifetime income for their surviving dependents.

SOURCE: Schmitt, S. (02 November 2020) " A step-by-step guide to helping your employees combat financial stress" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/list/a-step-by-step-guide-to-helping-your-employees-combat-financial-stress


How benefit advisers can hold healthcare plans accountable for their prices

Brokers and consultants already know that much of the growth in health benefit costs is not driven by insurer and TPA rate increases, but rather by the increase in the price and volume of healthcare services. While some of these costs are due to growing survivability rates for serious diseases and therapeutic improvements, much are avoidable, such as expenses associated with unnecessary care and unnecessarily expensive care. Evidence of variability of costs is found in the fact that unit cost and utilization can vary wildly from health system to health system, even within the same market.

Read more: 4 drivers of healthcare costs — and what advisers should do

Just because macro healthcare economics is the primary driver of overall health costs, doesn’t mean that health plans are powerless to control price increases. Even though health plans can and do negotiate rates directly with health systems in their networks, too often they don’t do everything they can to offer exceptional value to their customers. They don’t ask the right questions of health systems, they don’t practice thorough utilization management, and they don’t contract exclusively with providers who focus on high-value care. In other words, they don’t work hard enough to eliminate unnecessary costs or to bring prices down. Instead, they treat them as a given and pass those costs on to their customers.

Too often, benefit advisers take the whole healthcare market as a given, especially due to the popularity of broad preferred provider organization (PPO) networks, which include almost every system in an area. But the reality is that economics vary dramatically from system to system, so employee benefit advisors need to understand local economics in order to effectively evaluate network differences and find value. They can do this by:

  • Heavily and skeptically questioning carriers and TPAs to understand their networks and participating providers. Examples of questions to ask include: Tell me your opinion about different health systems in your network? How much do negotiated fees vary for outpatient services, professional services, etc.? Why is a specific expensive provider part of your narrow / high-performance network?

It’s also important to ask when a contract with a specific health system is up and if it will be renegotiated soon, since a new contract could include very different rates from the current one. Note that some of the time, carriers will discuss rates as a function of Medicare, but because Medicare DRG rates can vary dramatically from hospital to hospital, an adviser needs to understand Medicare base rates.

  • Analyzing claims. Every adviser has plenty of these available to them, and they should be analyzing those claims to determine which providers are lower cost and which are higher cost. In particular, it’s important to look at outpatient rates, facility rates, and professional rates, by specialty. It’s also important to compare the same diagnosis codes across providers. For example, claims could reveal that a hypothetical Dr. Jones operates on 100 patients out of 100, while a hypothetical Dr. Smith operates on only 50 patients out of 100 with the same condition. To figure out why this discrepancy exists, we would have to dig deeper since some doctors or practices may cater to only high-risk patients. Claim data can help shed light on health plan information that is not typically available to the public as health plan rates are often proprietary but appear on claims.

Taking all of these steps will help benefit advisers achieve something essential: holding health plans accountable for their prices. If a health plan doesn’t aggressively hunt for high value providers and reward them, you should ask why. And if you don’t like their answer, you probably identified a plan that isn’t a good fit for your clients because it doesn’t deliver on what matters most: quality care offered at an affordable price without compromising coverage.

SOURCE: Cohen, A. (04 November 2020) "How benefit advisers can hold healthcare plans accountable for their prices" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/opinion/how-benefit-advisers-can-hold-healthcare-plans-accountable-for-their-prices


4 key reasons employers must offer financial security benefits

During the continuous trials of the coronavirus pandemic, it's important for employers to contribute to their employee's financial wellness. Read this blog post to learn more.


A financial security benefit that helps employees pay for and manage their out of pocket healthcare expenses allows an employer to keep healthcare costs down, while providing a much-needed benefit to their employees, one that pays dividends for years to come.

With the uncertainty of the ongoing coronavirus pandemic, it is more vital than ever that employers contribute to employees’ overall financial wellness.

There are four key reasons why employers need to provide a financial security benefit to their employees.

First, restore the "benefit" in your health benefit offerings. The standard employer-sponsored health plan comes with nearly an $8,000 out-of-pocket expense.

Considering that the vast majority of Americans live paycheck-to-paycheck and 40% struggle to cover a $400 emergency expense, it’s no wonder why so many individuals consider themselves functionally uninsured despite being covered by an employer’s health plan. When an employer’s price tag to purchase that insurance for a family now exceeds $20,000 a year, it is painful for employers to witness their employee benefit suddenly become an employee liability.

Providing employees with guaranteed access to credit for medical expenses on consumer-friendly terms that they may not have access to on their own is of tremendous benefit. A benefit like this gives employees something their health plan alone can’t – financial security.

Second, remove the barriers to care. More than ever, employees with high deductible health plans are skipping care, which has costly consequences. Employees who skip care stay sick for a longer period of time and as a result, employers lose worker productivity. When outcomes erode and care is delayed, employers will see an increase in health plan expenses. By providing a financial security benefit from the start, employees can seek care with confidence, and prevent this unhealthy ripple effect from happening.

Third, increase participation in Health Savings Accounts. HSAs are great additions to an employer’s benefit line-up. In some cases, they are also the only plan design that an employer can afford to offer. Employees who are presented the choice of an HSA often bemoan that while the program should work well for them, and that the price-tag for the premium is right, the specter of a one-time deductible exposure makes them hesitant to enroll.

While lower premiums paired with some employer HSA contributions can often cover that exposure, employees worry about the timing of these expenses, particularly if they arrive early in the plan year. Providing an affordable way for employees to pay for their healthcare expenses whenever they are incurred, removes a major barrier to HSA plan election. Further, adding a financial security benefit is much more cost effective for the employer than front-loading the HSA with hard dollars at the beginning of the plan year.

Finally, they are great recruitment and retention tools. According to a recent Gallup poll, the availability and affordability of healthcare tops the list of concerns in America. As employers grapple with objectives, such as attracting, and retaining talent and balancing costs, a financial security benefit not only addresses a major employee concern, but also can help organizations differentiate themselves from their competitors.

With COVID-19 changing the landscape of healthcare and open enrollment around the corner, employers need to rethink their benefit strategy while keeping costs down. Attracting and retaining employees remains a high priority for employers and providing a financial security benefit will not only attract top talent but will also save on an employer’s overall bottom line.

SOURCE: Chambers, O'Meara A. (03 November 2020) "4 key reasons employers must offer financial security benefits" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/opinion/4-key-reasons-employers-must-offer-financial-security-benefits