The Saxon Advisor - January 2020

Compliance Check

what you need to know


Form W-2s are due January 31, 2020. January 31 is the deadline for employers to distribute Form W-2s to employees. Large employers – employers who have more than 250 W-2s – must include the aggregate cost of health coverage.

Form 1099-Rs are due January 31, 2020. Employers must distribute Form 1099-Rs to recipients of 2019 distributions.

Form 945 Distributions. Form 945s must be distributed to plan participants by January 31, 2020, for 2019 non payroll withholding of deposits if they were not made on time and in full to pay all taxes that are due.

Section 6055/6056 Reporting. Employers must file Forms 1094-B and 1095-B, and Forms 1094-C and 1095-C with the IRS by February 28, 2020 if they are filed on paper.

Form 1099-R Paper Filing. Employers must file Form 1099-R with the IRS by February 28, 2020 if they are filed on paper.

CMS Medicare Part D Disclosure. Employers that provide prescription drug coverage must disclose to the CMS whether the plan’s prescription drug coverage is creditable or non-creditable.

Summary of Material Modifications Distribution. Employers who offer a group health plan that is subject to ERISA must distribute a SMM for plan changes that were adopted at the beginning of the year that are material reductions in plan benefits or services

In this Issue

  • Upcoming Compliance Deadlines
  • Traditional IRA, Roth IRA, 401(k), 403(b): What’s the Difference?
  • Fresh Brew Featuring Scott Langhorne
  • This month’s Saxon U: What Employers Should Know About the SECURE Act
  • #CommunityStrong: American Heart Association Heart Mini Fundraising

What Employers Should Know About the SECURE Act

Join us for this interactive and educational Saxon U seminar with Todd Yawit, Director of Employer-Sponsored Retirement Plans at Saxon Financial Services, as we discuss what the SECURE Act is and how it impacts your employer-sponsored retirement plan.

Traditional IRA, Roth IRA, 401(k), 403(b): What's the Difference?

Bringing the knowledge of our in-house advisors right to you...


If you haven’t begun saving for retirement yet, don’t be discouraged. Whether you begin through an employer sponsored plan like a 401(k) or 403(b) or you begin a Traditional or Roth IRA that will allow you to grow earnings from investments through tax deferral, it is never too late or too early to begin planning.

“A major trend we see is that if people don’t have an advisor to meet with, they tend to invest too conservatively, because they are afraid of making a mistake,” said Kevin Hagerty, a Financial Advisor at Saxon Financial.

Advice from Kevin

Fresh Brew Featuring Scott Langhorne

“Pay close attention to detail.”


This month’s Fresh Brew features Scott Langhorne, an Account Manager at Saxon.

Scott’s favorite brew is Bud Light. His favorite local spot to grab his favorite brew is wherever his friends and family are.

Scott’s favorite snack to enjoy with his brew is wings.

Learn More About Scott

This Month's #CommunityStrong:
American Heart Association Heart Mini Fundraising

This January, February & March, the Saxon team and their families will be teaming up to raise money for the American Heart Association Heart Mini! They will be hosting a Happy Hour at Fretboard Brewing Company Wednesday, January 29, from 4 p.m. - 7 p.m. to raise money.

Are you prepared for retirement?

Saxon creates strategies that are built around you and your vision for the future. The key is to take the first step of reaching out to a professional and then let us guide you along the path to a confident future.

Monthly compliance alerts, educational articles and events
- courtesy of Saxon Financial Advisors.


New employee retention tool has four legs and goes 'woof'

The term "a dog is a human's best friend" can get thrown around, but what if dogs lead to increased productivity and less stress? Read this blog post to learn how allowing dogs at work can benefit employee productivity.


There are so many reasons to allow dogs in the workplace, from increasing production and morale to decreasing absences.

And while financial institutions have not traditionally offered such an employee benefit, there are plenty of banks and fintechs that are leading the way in the industry.

For example, JPMorgan Chase not only allows dogs into its branches, but it also hands out dog treats. Wells Fargo is another company with a great pet policy. In fact, Wells Fargo has a host of dogs that have been part of various offices throughout the years.

Other companies are going the extra mile, and providing dog parks on-site or dedicated walking areas for their four-legged colleagues. The online small-business lender Kabbage is well known for its laid-back work culture, including casual dress code, beer on tap and a dog-friendly policy.

Perhaps one of the most pet-friendly companies is Redtail Technology, which is named after the founder Brian McLaughlin’s dog. Not only does the company encourage people to bring their dogs to work, it also has a dog park, and a Slack channel for employees to message each other when they’re about to take their dog out for a play.

Still skeptical about this approach? Here are five scientifically backed reasons that allowing dogs into the office can benefit employees.

First, allowing people to bring their pet along with them to work actually helps to decrease stress for not just them, but everyone in the workspace. Washington State University found that petting a dog for just 10 minutes can help to reduce stress.

Playing with or petting a dog can increase the levels of oxytocin, a stress-reducing hormone; and decrease the levels of cortisol, a stress hormone.

A team of researchers at Virginia Commonwealth University carried out a study that compared three groups of employees: those who brought their dogs to work, those who had dogs but left them at home those who didn’t own a dog. The lead of the study, Randolph Barker, said that "the differences in perceived stress between days the dog was present and absent were significant. The employees as a whole had higher job satisfaction than industry norms."

Second, when staff bring their dog to work, they will need regular walks throughout the day, which will encourage people to be active. Being physically active not only gives people the satisfaction that naturally comes with exercise, but it will also increases productivity.

Each time someone exercises, new mitochondria produce more energy known as ATP. This gives people more energy physically and for the brain, which boosts mental output and productivity.

Third, workplaces that allow dogs into their offices usually find that employees are more cooperative with each other, and that they have better working relationships. Dogs increase morale and bring a more fun and positive outlook to office life, which encourages people to be friendlier to each other.

Dogs are a common interest between many different people from all walks of life, so having some common ground can help people to connect. Central Michigan University found that when a dog is in the room with a group of people, they are more likely to trust each other and collaborate together effectively.

Fourth, actively encouraging staff to bring their pet to work will foster a really good relationship between employer and employee. It will help to make employees feel valued and increase the likelihood they'll stay long term at the company.

The more satisfied people feel in their job role, the less likely they are to search for work elsewhere, making employee retention rates higher, according to one study.

Fifth, allowing staff to bring their pet to work increases their job satisfaction and reduces stress, which in turn will mean that they are less likely to become ill and need time off work. This can have an added effect on other employees in the business too. With the positive, stress-reducing nature that dogs bring to an office, people will be less likely to take time off.

With such benefits already working for some financial companies, hopefully others will start to catch up with these pet-friendly policies soon.

SOURCE: Woods, T. (09 January 2020) "New employee retention tool has four legs and goes 'woof'" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/pet-friendly-policies-as-employee-retention-tools


Top 4 HR trends to watch this year

How can HR professionals better engage employees, improve an organization's brand, and maximize productivity and profitability? Their success will rely on HR departments staying nimble and leveraging technological advances to help reshape workplace practices. Here are four HR trends to watch this year:


HR professionals can no longer rest on their laurels. They are now looking to implement innovative strategies to better engage employees, improve the company’s brand both internally and externally, maximize productivity and increase the organization’s profitability.

So how can HR professionals go about making this happen? The success of HR will largely be based on staying nimble, evolving their organization’s policies and leveraging technological advances to ultimately reshape their workplace practices.

With that in mind, here are the top HR trends that will take center stage:

The gig economy and the importance of flexibility. The gig economy, which is comprised of individuals with short-term or temporary engagements with a company, is substantially important to employers. Here, workers are seeking increased flexibility and control over their work environments. Since many questions remain unanswered regarding worker classification issues and the application of existing laws in the gig economy, look for the Department of Labor to issue an opinion letter or guidance in 2019 detailing how a company may compliantly work within the gig economy and not run afoul of existing independent contractors.

Flexibility also is important for all employees — not just for the gig economy. While telecommuting and remote positions are not new, they are being emphasized again to better engage employees and increase retention metrics.

The tech effect on future of HR. The strategic and consistent use of workforce data analytics to predict and improve a company’s performance has exploded over the last several years, with additional momentum expected in 2019. While most HR professionals rely on metrics for basic recruiting and turnover rates, more in-depth analytics and trend spotting has become the norm.

Once trends are identified in, for example, turnover rates, an HR professional should have the tools to dive into the data and analyze root causes, such as the need for manager training, review of compensation strategies or a change in the company’s culture. Using predictive analytics in the HR space is helping companies make better informed, dynamic and wiser decisions based on historical data, as well as placing HR on the level of other data-driven company departments, such as finance and marketing.

The collection of this enormous amount of data also poses challenges and potential risks to companies, including negative perceptions among employees about how their data is being used, employee privacy laws and potential security breaches. Strong and comprehensive security policies, protocols and controls are necessary to ensure employers are keeping their employees’ data safe. In 2019, a steady flow of communications to employees regarding advanced security and usage policies is key to prevent data misuse or misunderstanding regarding how information is collected and used.

Artificial intelligence also will continue to be a significant focus driving improvement in the HR arena. Determining which data to collect, analyze and protect will provide opportunities for AI to assume a larger role in HR. Also, in some large organizations, AI already is being used for more than just automating repetitive HR tasks, such as onboarding new employees. The future of AI for most companies will include creating more personalized employee experiences as well as supporting critical decisions. From analyzing performance data to eliminating biases when screening candidates, AI will continue to be a pivotal HR tool.

Strategies for successful recruitment. Running an effective talent pipeline should be the objective of all hiring endeavors. Pipelining is consistently gaining traction as a recruitment tool for new employees. The concept employs marketing concepts to ensure that companies have a diverse group of strong recruits waiting to be hired. Pipelining reduces time to hire and leads to better quality candidates.

Health, wellness and adequate employee training. Another area of importance is multi-faceted wellness programs, which focus on an employee’s total well-being, from nutrition to financial wellness. These programs often include a comprehensive employee assistance program, training and activities during worktime. The training can focus on anything from physical health to development of employees’ knowledge base and technology-focused education. A greater emphasis also is being placed on workplace communication coaching, such as collaboration and negotiation, which are critical to success in the workplace.

Continued training and heightened prevention of sexual harassment and discrimination will be another trend this year. Organizations big and small must ensure that compliant policies are in place and employees are trained on the policies. Several states including California, New York, Connecticut and Maine already mandate that private employers must provide harassment training to workers, and the number of states requiring this training is expected to increase in the coming years.

SOURCE: Seltzer, M. (03 January 2020) "Top 4 HR trends to watch this year" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/top-4-hr-trends-to-watch-this-year


Nonprofit launches student debt benefits program for employees

With the cost of college increasing, employers are trying to help employees tackle their student debt. According to the Federal Reserve, student debt has increased to more than $1.6 trillion. Read this blog to learn about how Northern Rivers Family of Services, a New York-based nonprofit, is paying their employee's student debt.


Northern Rivers Family of Services, an Albany, New York-based nonprofit social services organization, has partnered with IonTuition to bring a student loan repayment benefit to the employer’s 1,400 employees.

Northern Rivers decided to take on the student loan problem by offering employees the valuable wellness benefit, which is also a powerful recruitment and retention tool, company representatives said. Indeed, student loan debt has soared to more than $1.6 trillion, according to the Federal Reserve, yet only 8% of employers offer their workers a student loan benefit, according to the Society for Human Resource Management.

“Student loans are a growing concern for today’s workforce,” says Linda Daley, chief human resource officer with Northern Rivers. “Sixty-five percent of our staff holds a bachelor’s degree or higher, and they’re saddled with the burden of student loan debt.”

Some employers that offer student loan repayment programs include Trilogy Health Services, Selective Insurance, Travelers Insurance, Wayfair and New Balance.

Employees with Northern Rivers will have access to a complete suite of student loan repayment tools plus a monthly contribution program, including concierge student loan advising, free accounts for family members, unbiased refinancing, default and delinquency recovery services, and college research tools.

“The repayment program is available for all benefit-eligible employees at Northern Rivers, which is approximately 1,060 of our employees,” Daley says. “With the IonTuition platform, the program was easy to roll out and our employees were immediately equipped with all the tools they need to reach financial wellness.”

Employees must have a minimum of six months with Northern Rivers to sign up for the contribution plan in which the organization will pay $35 a month toward employees’ student loans.

“Attracting and retaining quality talent in the nonprofit space is challenging,” Daley says. “This benefit gives our employees the security that their student loan payments are more manageable. ”

SOURCE: Schiavo, A. (16 December 2019) "Nonprofit launches student debt benefits program for employees" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/nonprofit-launches-student-debt-benefits-program-for-employees


personalized-health-plans-aided-by-technology

When productivity increases, so do wages

Although productivity is the baseline of wages, deviations do occur. Productivity and pay can diverge for multiple reasons that are not included in the standard economic model. Read this blog post to learn more about pay versus productivity.


“Workers are delivering more, and they’re getting a lot less,” argued former Vice President Joe Biden in a speech at the Brookings Institution this summer. “There’s no correlation now between productivity and wages.”

Senator Elizabeth Warren, a Democratic presidential rival, agrees. Her campaign website states that “wages have largely stagnated,” even though “worker productivity has risen steadily.”

The claim that productivity no longer drives wages is common enough on both the political left as well as the right. Proponents of this view argue that workers aren’t getting what they deserve based on their contributions to employers’ bottom lines.

Income inequality — the gap between the incomes of the rich and everyone else — supposedly demonstrates that the economy’s rewards are flowing, undeservedly, to those at the top. Populists take that conclusion even further, arguing that capitalism is fundamentally broken.

If that is what’s happening, it refutes textbook economics, which argues that wages are determined by productivity — by the amount of revenue workers generate for their employers. If a company paid a worker less than her productivity suggests she should be making, then she would go down the street and get a job that would pay her what she’s worth. Employers compete for workers, ensuring that workers’ wages are in line with their productivity.

This theory leaves out a lot, of course. Pay and productivity can diverge for any number of reasons not included in the standard economic model. Workers may not know how much revenue they create, or what other employment options are available to them. And changing jobs has its own costs, which in the real world gives employers some power over wages.

For critics of the current system, “some power” is a drastic understatement. In their telling, the decline of labor unions; erosion of the minimum wage; rise of non-compete and no-poaching agreements; inadequate enforcement of workplace standards and the like have dramatically reduced the bargaining power of workers. This has allowed businesses to drive down wages to the bare minimum job applicants and current workers will accept, pushing their pay below what their productivity suggests it should be.

Which view is correct? The latest piece of evidence on this question comes from Stanford University economist Edward P. Lazear, who analyzed data from advanced economies and confirms a strong link between pay and productivity.

Like several previous studies, Lazear’s research finds that low-, middle- and high-wage workers all benefit from growth in average productivity. This suggests that improvements in overall economic efficiency help all workers, not just the rich.

But Lazear argues, correctly, that a relevant issue is not whether workers benefit from changes in average productivity. Instead, if you want to know whether workers are being paid for their productivity, you should look at whether changes in the productivity of, say, low-wage workers affect the pay of that specific group.

It is infeasible to measure the productivity of individual workers. (How much revenue per hour of work do I generate for Bloomberg?) So Lazear examines productivity at the industry level, and compares industries that employ highly skilled workers with those that employ lesser-skilled ones.

Using data on the U.S. from 1989 through 2017, Lazear finds that productivity in industries dominated by higher-skilled workers increased by (roughly) 34 percent in that period. The wages of those workers grew by 26 percent. For industries requiring lesser skills, productivity increased by 20 percent, while wages grew by 24 percent.

In other words, pay increased faster than productivity in industries with lesser-skilled workers, and slower than productivity in industries with higher-skilled workers. Another striking implication of this finding is that “productivity inequality” — the gap in productivity between workers — may have grown faster than wage inequality over this period. While wage differences have increased over time, differences in productivity between groups of workers have increased even more.

The upshot: Slower wage growth for lesser-skilled workers is not prima facie evidence that employers have significant power over wages or that productivity doesn’t determine wages. Instead, Lazear concludes that productivity growth for high-skilled workers has increased rapidly enough (actually, more than enough) to account for growing inequality.

What caused this? Lazear points to two familiar explanations. Technological change disproportionately benefits the highly skilled, increasing their wages and productivity. And the globalization-led shift to a services economy has reduced the productivity of goods-producing, lesser-skilled workers.

Lazear also suggests that colleges may have improved more than high schools in their ability to impart skills to graduates. If so, industries dominated by college graduates would be expected to have had faster productivity growth over the last three decades. This would have caused both a wider dispersion in productivity across industries and in wages across groups of workers.

Such research doesn’t settle the debate, of course. Yet it does strengthen my view that wages are heavily influenced by market forces, even if they are not entirely determined by them. While productivity sets the baseline for wages, deviations from that baseline occur.

So contrary to what Biden, Warren and (many) others say, market forces, not power dynamics, are the principal driver of inequality.

This gets at the heart of the moral properties of the market economy. Capitalism produces unequal outcomes: The wages for some grow faster than for others. Those disparities are palatable if they are caused by differences in risk-taking, work effort and skills. They are tolerable if people are getting, in some sense, what they deserve. But if wages aren’t determined by productivity — if hard work doesn’t pay off and if workers aren’t receiving just returns — then something has gone badly wrong with the system.

Fortunately, the system doesn’t seem to be broken. It does need to be fine-tuned, however, with the goal of increasing the productivity of the lesser skilled. And we should be confident that if their productivity increases, so will their wages.

SOURCE: Bloomberg News (03 January 2020) "When productivity increases, so do wages" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/articles/when-productivity-increases-so-do-wages


How to prevent employees from taking advantage of unlimited PTO

Attracting and retaining is becoming more difficult. Because of this companies are now offering competitive benefits to bring that talent to their company. Companies have added unlimited paid time off, along with work from home policies to their benefits offering. Read this blog post to learn how to prevent employees from taking advantage of new benefits being put in place.


In the quest to attract and retain top talent, more companies are offering competitive benefits including unlimited paid time off and generous work from home policies. But what if you have workers who abuse the policy?

To prevent workers from taking advantage, it’s critical that companies set proper guidelines, says Jonathan Wasserstrum, CEO and founder of Squarefoot, a commercial real estate company, which offers its staff unlimited personal time off. At his company, people were utilizing the policy from “all ends of the spectrum,” which led him to reassess how they monitored and encouraged time off.

“The war for talent is so strong right now, and when an employee is looking to make a decision, you don’t want to disqualify yourself because you don’t offer this benefit,” he says. “But people don’t use the amount of vacation days intended. You get some people who underutilize and over utilize. The bad spoils the good, and that's not the intent of unlimited policy.”

Unlimited paid time off is becoming a more popular benefit, especially in the tech space. According to Indeed, 65% of companies mentioned “unlimited PTO” in their job postings, and companies like General Electric and Kronos offer the benefit to employees.

While the standard time off has typically been two to four weeks, 55% of employees do not use all of their paid time off, according to the U.S. Travel Association. To level the playing field among his employees, Wasserstrum says he established guidelines that made unlimited PTO flexible, but still within reason.

“There are top performers who work a lot, and you don't want them to burn out. On the other end of the spectrum, there are those who take advantage of policy,” he says. “We frame it as flexible and not unlimited. The intent is for everyone to use it as time away from the office — it helps you refresh — so we encourage you to take anywhere from two to four weeks.”

Paid time off has a multitude of benefits, including increased employee morale and a better sense of work-life balance. And today’s workforce is in desperate need of time away from the office. According to Deloitte, 77% of employees say they have experienced burnout, and 70% say their employer does not do enough to prevent or mitigate work stress.

“Work-life balance looks very different now than it used to,” Wasserstrum says. “If I'm on vacation 20 years ago, you really can't get in touch with me. Now, everyone is 24/7 on, so you have to set the boundaries as an employer.”

In addition to more paid time off, more people are also reaping the benefits of remote work. According to a Gallup poll, 43% of the workforce works remotely some or all of the time, but employers like IBM, Aetna and Yahoo have pulled back on those policies and required workers to be on site instead, according to the Society of Human Resource Managers.

"[Managers] may have realized how blind and invisible remote workers are and they don't know what's going on at the remote location — what work that person is doing or what distractions they may have to deal with,” Judith Olson, a distance-work expert and professor at the University of California Irvine, told SHRM.

With more employees weighing the benefits of workplace policies, time off is still the top benefit employees look for. Metlife found 72% named unlimited paid time off as their most desired benefit, ahead of wellness plans and retirement programs.

While it may put companies at an advantage, PTO and other flexible work policies are just one part of the overall picture of a company’s workplace culture, Wasserstrum says.

“If you're winning people based on benefits, they're coming to you for the wrong reasons,” he says. “But every company looks and feels different from the inside and has a company culture that shouldn’t be one size fits all. This works for us and the work-life balance experience we want people to have.”

SOURCE: Place, A. (17 Decemeber 2019) "How to prevent employees from taking advantage of unlimited PTO" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/how-to-prevent-employees-from-taking-advantage-of-unlimited-pto


Congress OKs paid family leave for federal workers

First-time landmark benefits are rising to the surface come the new year. In 2020, federal workers will receive paid family leave for the birth or placement of a child. Read this blog to learn what paid family leave for federal workers will look like come the new year.


Congress has given the green light for federal workers to receive 12 weeks of paid leave for the birth or placement of a child. This first-time landmark benefit comes as lawmakers and influential CEOs, continue to advocate for a nationwide parental leave policy.

The Senate approved and sent the 2020 National Defense Authorization Act (NDAA), which includes the leave provision, to President Donald Trump Dec. 17. The House passed the bill Dec. 11. Trump previously said he would sign the bill into law, and Ivanka Trump tweeted Tuesday afternoon that the president would sign the legislation this week.

The NDAA, sweeping defense legislation, provides 12 weeks' paid parental leave for federal employees based on language of a bill sponsored by Rep. Carolyn B. Maloney, D-N.Y. The benefit takes effect Oct. 1, 2020.

The NDAA also includes a "3.1-percent pay raise for our troops [and establishes] the United States Space Force," according to a statement by the White House press secretary. Bipartisan congressional lawmakers allowed for the creation of the Space Force as the sixth branch of the military in exchange for the new parental-leave benefits, according to The New York Times.

Calls for private-sector leave
The new benefit is reserved for federal employees and highlights the fact that the U.S. is the only industrialized country without a nationwide federal parental leave policy or law, according to Maloney.

The congresswoman noted in her opening remarks that the U.S. is one of only two countries that do not provide workers with paid family or medical leave, a statement presidential candidate Andrew Yang made during the November Democratic presidential debates. (It's worth noting that this is not strictly true, according to reporting from Inc.)

"This agreement is not perfect," she said. "The Senate refused to approve paid leave for medical reasons. This provision covers only federal employees. So, it does not cover anyone working in the private sector."

Maloney, who has advocated for such a benefit for many years, added, "We will continue fighting for these Americans in the months and years to come. But despite these drawbacks, this is an amazing accomplishment."

Some state and local governments require paid leave for private-sector employees, but that patchwork of laws serves neither employees nor employers well, according to the Business Roundtable, an association of CEOs of American companies.

Ginni Rometty, chairman, president and CEO of IBM, sent Trump and congressional leaders a letter Dec. 12 on behalf of the council, urging them to enact federal legislation creating paid family and medical leave benefits.

"Legislation should provide uniform standards that apply to all covered employees and that adhere to the federal Family and Medical Leave Act requirements," the letter said. "Doing so would benefit employees needing coverage as well as help businesses challenged by the growing patchwork of competing and inconsistent state plans."

As private companies compete with the federal government for top talent, benefits could be a deciding factor, and studies have shown that employers can boost retention by offering such perks.

SOURCE: Estrada, S. (17 December 2019) "Congress OKs paid family leave for federal workers" (Web Blog Post). Retrieved from https://www.hrdive.com/news/congress-oks-paid-family-leave-for-federal-workers/569286/


Employers should ‘double down’ on tech and benefits data analytics. Most still aren’t

Did you know: 53 percent of benefits leaders say the biggest challenge they face regarding effective benefits programs is gaining access to their data. Read this blog to learn why employers should 'double down' on technology.


Utilizing data to understand which health benefits will best work for employees is key to staying ahead of the curve, but just 18% of benefits managers believe their organization has the right tools to implement these programs.

That’s according to a new survey by Artemis Health, which found that while 88% of benefits leaders say data is somewhat to extremely important in designing and managing an effective benefits program, some 53% percent say access to data is their biggest challenge.

“Benefits analytics is the key to feeling confident in building better benefits programs for their organizations and their employees,” says Grant Gordon, CEO and co-founder of Artemis Health.

Obtaining this data is often the biggest challenge to understanding what companies should be offering and if it’s in line with the demands of their workforce, the survey found.

“When you look at data, you can make a hypothesis about what you should do, and if it's working, you double down. If it's not working, then you change tactics,” Gordon says. “But because data is so hard to get here, many benefit leaders don't have that reflex or muscle memory.”

Gordon spoke with Employee Benefit News about the role of data analytics in benefits planning and how companies can best utilize these tools.

Why is data such a critical part of benefits planning?

The top cited source of information that benefits leaders are relying on to define their benefits is employee feedback, and you absolutely have to have that. But if you take a step back from that, the role that I view data having is an objective way to look at what's actually happening with your employees and understand what the big strategic issues are. You may miss a silent group of people who really need help or an emerging trend that you need to address that you could have caught with data.

Most employers said that they didn't have the proper tools to use data effectively. Why do you think that is?

Just getting your hands on the data is a big challenge. You have to go the vendors that hold it, you have to give them assurances and sign legal documentation that you're going to use it appropriately and that you’ll keep it private, and that can take a long time. And then once you get the data, there's no really good data infrastructure in this industry to share data securely. So there's some orchestration challenges in shipping data around. You might get wrong data or you might get incomplete data. And then once you get it, it can be full of errors that need to be corrected. So before you even get to the starting gate, there's a big challenge.

Then you get to the next problem, which is that the data is very complex, and there's a lot of subject matter expertise that you need to have to understand it. And so in order to make this useful to a benefits person who's maybe not a deep, deep expert on medical, clinical knowledge or pharmaceuticals or certain programs, you need to simplify it so they can get to the trends. We can’t expect them to look at raw claims data and make anything of it. There’s a tooling challenge in getting the data and really making sense of it.

How can benefits managers bridge that knowledge gap?

Make sure that people get the healthcare and the benefits that they need. We saw [in the survey] that if they had more confidence in the moves that they were making, perhaps with data, they could get more things that are relevant to their employees into their hands faster, but it's just not the case today. So something needs to be addressed.

Get a data platform. I think some of the players that have been around for awhile, they do a fantastic job at data management and all those other things. I would look at something like Artemis or one of the newer companies, just to get a jumpstart on data-driven decisions on what's important and what's working and what's not. A lot of these companies work with advisers like consultants or brokers and many of them have inner resources internally. There are people who know the data really well who can really help you get more value out of that. So I would encourage them to make sure that they're asking specifically about getting data support from some of those advisers.

What does the future look like when it comes to utilizing technology and data in the benefit space?

If you look at other departments like marketing or finance or sales, they're all using data as a matter of course. It's a fabric that they weave the rest of what they do. The future of data here is making it easy for benefit leaders to understand all of those things and how to do those things and do them every day. When you're deciding what your major strategic initiatives should be for the year, being able to have that on tap in the data and actually being able to rely on that, and once you roll out a program or make a benefit change, measuring the impact of that.

SOURCE: Place, A. (12 December 2019) "Employers should ‘double down’ on tech and benefits data analytics. Most still aren’t" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/news/employers-should-double-down-on-tech-and-benefits-data-analytics-most-still-arent


DOL updates FLSA regular rate rule

With the New Year right around the corner, it's important to know what rules are being updated. The U.S. Department of Labor has updated the "regular rate of pay" to calculate overtime pay. This standard is used to calculate overtime pay under the Fair Labor Standards Act (FLSA). Read this blog post for more information on this final rule.


The U.S. Department of Labor (DOL) has issued a final rule updating the "regular rate of pay" standard used to calculate overtime pay under the Fair Labor Standards Act (FLSA), according to a notice to be published in the Federal Register Dec. 13.

In the rule, DOL clarifies when certain employer benefits may be excluded when calculating overtime pay for a non-exempt employee, including bona fide meal periods, reimbursements, certain benefit plan contributions, state and local scheduling law payments and more. The rule also clarifies how employers may determine whether a bonus is discretionary or nondiscretionary.

The rule will take effect Jan. 12, 2020.

The rule will likely result in employers taking a closer look at their benefits packages, Susan Harthill, partner at Morgan Lewis, told HR Dive in an emailed statement.

A number of employer advocates that submitted comments on DOL’s Notice of Proposed Rulemaking (NPRM), including the Society for Human Resource Management, supported excluding employee benefits like gym memberships, tuition assistance and adoption and surrogacy services from regular rate calculations. Gym memberships and tuition assistance are generally excludable, according to DOL, but the agency said only some forms of adoption assistance would be excludable and that most surrogacy assistance payments would not be​.

Employers also inquired about public transportation and childcare subsidies. In the final rule, DOL said public transportation benefits would not be excludable, noting that the agency "has long acknowledged that employer-provided parking spaces are excludable from the regular rate but commuter subsidies are not." But it did add clarifying language around childcare, saying that while "routinely-provided childcare" must be included in the regular rate, emergency childcare services — if those services are not provided as compensation for hours of employment and are not tied to the quantity or quality of work performed — may be excluded.

DOL also offered additional details about its treatment of tuition reimbursement and education-related benefits. As it stated in the NPRM, the agency said that as long as tuition programs are offered to employees regardless of hours worked or services rendered are "contingent merely on one’s being an employee," such programs qualify as "other similar payments" excludable from the regular rate. This includes payment for an employee's current coursework, online coursework, payment for an employee’s family member’s tuition and certain student-loan repayment plans, DOL said.

HR teams should respond by performing audits of the pay codes for benefits that would be impacted, Tammy McCutchen, shareholder at Littler Mendelson, told HR Dive in an interview: "This is a good time to get your calculations correct." McCutchen suggested that employers conduct audits first before deciding whether to expand benefits options in light of the rule. She added that it's an employer's responsibility to notify payroll providers of any changes to exemptions.

Employers also will need to check state laws and consult with counsel ahead of implementing changes to employees' regular rates, as those laws may differ from DOL's new rule, Harthill said. Moreover, "[t]his is an interpretive rule and it remains to be seen whether courts will defer to DOL's interpretation of the rule or if any resultant exclusions are challenged," she added.

SOURCE: Golden, R. (12 December 2019) "DOL updates FLSA regular rate rule" (Web Blog Post). Retrieved from https://www.hrdive.com/news/dol-updates-flsa-regular-rate-rule/568954/