4 benefits of positive recognition to boost employee engagement

As both employers and employees are facing difficult times both in their work-life and home life due to the circumstances that the coronavirus pandemic has brought into the world, it's important that the negativity does not take place of the positivity needed. Positivity is powerful and can play a critical role in the workplace. Read this blog post for four benefits of positive recognition.


With all that’s happening, it’s easy to become overwhelmed with the negativity in the world. Our emotional state is important at work. Positive emotions transform our minds and increase our ability to bounce back from hard times.

The power of positivity should not be overlooked, and recognition plays a critical role in generating these emotions in a modern workplace. Open acknowledgement and expressed appreciation for employees’ contributions can go a long way.

Improve employee retention
The first benefit of positive employee recognition is improving employee retention. In fact, according to industry analyst Josh Bersin, companies that build a recognition-rich culture actually have a 31% lower voluntary turnover rate.

Gallup research on recognition also shows that employees who don’t feel recognized at work are twice as likely to quit within a year. In today’s current environment where many organizations are driving more productivity with fewer employees, leaders need to ensure that they’re not forgetting to focus on employee retention. You’d be hard-pressed to find an organization that isn’t concerned about retaining top talent right now; top performers will find new opportunities even when they’re hesitant to move.

Creating a workplace where people want to stay isn’t just beneficial for employees; it’s also good for the bottom line. Turnover cost can be difficult to compute, but I challenge you to consider the costs of recruiting, onboarding, training, and the lost institutional knowledge that comes with poor retention.

Increase employee engagement
The second benefit that is particularly important right now is increased employee engagement. Our own research showed that 84% of highly engaged employees were recognized the last time they went above and beyond at work compared with only 25% of actively disengaged employees. We also found that while 71% of highly engaged organizations recognize employees for a job well done, only 41% of less-engaged organizations did so.

Positive recognition is powerful and has a clear tie to engagement. Yet, many organizations still do not adequately measure engagement. When was the last time you measured engagement with your own team? How much opportunity is there to improve through recognition?

Boost employee morale
The third benefit of positive recognition is boosted morale. I already mentioned the transformative effect of positivity, but the simple act of thanking people can make a tremendous difference. When employees were asked about their experience at work,70% said that motivation and morale would improve “massively”with managers saying thank you more.

How did you feel last time you were recognized?

Positivity has an important impact on employees, but it also pays literal dividends to companies that have figured out how to encourage it. Research from author Shawn Achor shows that happiness raises sales by 37% and productivity by 31%. Consider ways you can encourage your team to recognize each other more often.

Leverage peer recognition
It turns out that peer recognition massively outperforms top-down recognition. Peer recognition occurs when individuals give and receive recognition from their peers, managers, and direct reports.

Being recognized by colleagues is incredibly powerful for employees, especially when it’s done publicly. Peer recognition is 36% more likely to have a positive impact on financial results than manager-only recognition, according to SHRM. Managers can’t see every positive action that occurs, so think about how to encourage everyone to participate in recognition of great work across the entire organization.

SOURCE: Crawford-Marks, R. (14 September 2020) "4 benefits of positive recognition to boost employee engagement" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/list/4-benefits-of-positive-recognition-to-boost-employee-engagement


Employers Consider Child Care Subsidies

Working parents have been put into situations that are causing them to almost choose between their careers and their children due to the coronavirus pandemic bringing families home and requiring work to be done virtually. Employers are now seeking ways to help employees with taking care of their children. Read this blog post to learn more.


Working parents have borne the brunt of the pandemic's impact on employees, as many must juggle their job responsibilities with overseeing their children's remote educations and overall well-being while quarantined. Some have had no choice but to quit their jobs or decided not to seek new employment when their jobs were eliminated due to the downturn, so that they could focus on caring for their kids.

In fact, an August survey by Care@Work of 1,000 working parents with children under the age of 15 showed that 73 percent were considering making major changes at work, such as revising their schedules (44 percent), looking for a different job (21 percent) or leaving the workforce entirely (15 percent).

One approach that is gaining steam among employers seeking to help employees with children is to provide child care subsidies. These typically are employer-provided spending accounts or bonuses designed to help cover the costs, in full or partially, of day care and pandemic-related educational expenses.

"Subsidizing professional child care arrangements for an organization's employees makes sound business sense because it potentially reduces the stress and anxiety that working parents might regularly experience while worrying about their children during their normal work hours," said Timothy Wiedman, a retired associate professor of management and human resources at Doane University in Crete, Neb. "And that stress and anxiety might well divert a parent's full attention from their assigned duties."

Making Sure It's Fair

To be sure, many companies have not considered offering any type of child care subsidy to working parents. A major reason often cited is that single employees, as well as those who are married without children or who have grown children, will feel slighted by an employer that offers a benefit they can't access.

"There is always that fairness doctrine that comes into play when you offer a subsidy to one employee because they have a special need that some other employee may not have or need," said Carol Kardas, SHRM-SCP, founding partner at KardasLarson, an HR consulting firm in Glastonbury, Conn. "Some may consider this a discriminatory practice, and [it] could be a cause for lower morale or productivity."

Some organizations overcome that issue by providing a different benefit instead to offset those perceptions. Wiedman suggested reviewing benefit allotments for such employer-paid offerings as elder care, the deductible required by the company-provided health care plan, the annual contribution to 401(k) retirement plans, health savings accounts, life insurance coverage (or additional disability insurance) and tuition reimbursement. The allotments can vary based on whether the employee also receives a child care subsidy.

Another option is to explain that by providing assistance to their colleagues, the workload will remain balanced and not fall more heavily on employees who don't have child care duties.

"Working parents who have to use paid time off to spend time with their children when no other arrangements can be made may also call out at the last minute, since arrangements can be canceled abruptly," Kardas said.

Alleviating Stress and Costs

Working parents who can't afford child care and don't receive a subsidy "are often interrupted by children wanting to share their toys or get a hug from dad," said Laura Handrick, an HR consultant in Phoenix. "I see the stress on parents' faces in Zoom meetings. It's too much to manage a full-time paid job and a full-time unpaid job [parenting] at the same time. The stress affects the worker's mental health, employee productivity and family relationships."

Offering child care subsidies can increase employee satisfaction and engagement, she said. "[Managers] earn employee loyalty and increased productivity from grateful employees who aren't ridiculously stressed by constant kid interruptions while working," Handrick said.

There is a financial benefit as well: Employers that supply child care subsidies can take advantage of an annual tax credit of up to $150,000 if they use it for qualified child care facilities and services. According to the IRS, "the credit is 25 percent of the qualified child-care facility expenditures, plus 10 percent of the qualified child-care resource and referral expenditures paid or incurred during the tax year." To receive the tax credit, employers must complete Form 8882.

Handrick said a company can start a child care subsidy program with flexible spending accounts (FSAs).

"The benefit of providing a child care subsidy to employees in the form of an FSA is that the employer contributes pretax dollars, reducing its payroll taxes," she said. "The employee can choose how much or how little to contribute. Those who prefer to send their children to a more expensive program can fund and pay for it through the FSA using pretax dollars."

Kardas said if workplaces hire essential workers, they could utilize government-run programs in their states, such as Connecticut's CTCARES for Child Care Program for first responders, grocery workers, state facility employees, and child care and group home workers. They could also tap into an employee assistance program (EAP) to help employees find or pay for child care, she said.

Another idea is to grant every employee a certain amount of personal time that can be used in special circumstances, such as when child care is closed or a child is sick or unable to attend a child care program on a given day.

"This type of personal time could also be given to and used by those who do not have children for attending appointments or other obligations that can't be done after work," Kardas said. "This time may not solve the issue of employees being absent, but the fact that all would share equally may help."

As workplaces reopen physical locations, HR can look for child care facilities in the immediate area and work with them to offer a discount to employees, Kardas recommended.

"Single moms and working parents rarely have an extra room at home to carve out a home office," Handrick said. "That means they're likely working from the kitchen or dining room with children at home demanding attention. Toddlers want to play, [and] school-age kids need help with online classes."

Larger employers and those with deeper resources may even consider establishing an onsite child care facility for employees and charging less than a typical child care facility, which experts agree would dramatically boost appreciation among working parents who could then visit their children during each workday.

SOURCE: Lobell, K. (22 September 2020) "Employers Consider Child Care Subsidies" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/many-workplaces-consider-child-care-subsidies.aspx


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


3 tactics to navigate company culture in a remote world


In many respects, COVID-19 reframed our thinking about worklife balance. While this was already a fatigued concept, the pandemic and resulting quarantine fully demolished the fourth wall that stood between work and the personal lives of our team members.

In the early weeks, given our technology enablement already in place, a near immediate shift to fully virtual didn’t seem like a huge shift for many. As the weeks wore on, working parents and those with different challenges at home felt the effects almost immediately. As a working mom myself, I have first-hand experience around what it means to be a mom and an employee at the same time and in the same space, along with my partner also working from home. In fact, my daughter may or may not have “Zoom bombed” a session with our board. Of course, none of them were bothered by it and it probably embarassed me more personally than anything.

As the chief people officer of SailPoint, I’ve seen how balancing continuing to educate our children from home while working full time has taken a toll on many. Half of our workforce have children under the age of 18 living at home. To move forward as a distributed workforce in a way that is sustainable and productive, HR teams need actionable steps to empower today’s working parents.

By implementing specific guidelines that help employees navigate these waters, HR teams can better instill confidence in their employees and provide them with the resources required to drive successful and productive engagement. Small changes, simply starting with an acknowledgement of this issue, helps teams to get their work done on the terms they’re able to design to best fit their needs.

 Give employees the formal gift of time
When the pandemic began earlier this year, SailPoint’s approach was centered on “returning to normal.” It’s clear now that a return to normal is not in the cards, and organizations should look at this time as an opportunity to rebuild and create lasting culture changes through new programs and initiatives.

One strategy we’ve found successful at SailPoint is implementing a 2-hour block twice a week when employees have no meetings and can focus on what is most important to them individually. This could range from taking care of their children to getting a presentation done that they haven’t had time for, or even scheduling personal appointments. Whatever it may be, this block we call ‘Free2Focus’ is about giving our crew space to balance the personal demands with the work demands. So far, the response to this time block has been very positive and it allows SailPoint crew members to use their time during the day how they wish in a flexible but formal way. Some crew members are using this time to focus on helping their children with school work, others have used it to have lunch with loved ones. Given that much of schooling from home may fall to women, we also look at this as an inclusion initiative to ensure that part of our workforce isn’t faced with a choice of one or the other.

 Restructure your physical office
One aspect of corporate culture that was long overdue for restructuring is the use of the physical office space. At SailPoint, we’ve always offered our crew members flexibility, and this extends to trusting them to decide where they work. We believe that work is our identity, not our cubicle, and COVID-19 has presented us all an opportunity to rethink the office space.

As of September, we have allowed crew members to voluntarily return to the office if they wish at 25% capacity. Moving forward, we’re asking the crew to think of our offices like they would a college library. In college, you would likely go to the library for a place to focus or a place to meet with otehrs. This is how we want the SailPoint offices to operate because we know our crew makes the most impact when they have the autonomy to make their own decisions that work for the individual, their family and their work. There is not a one-size-fits-all when it comes to working styles and personal situations, which is why we want our physical office space to be as flexible as our remote office space.

 Commit to community
While this time may have brought us closer to our families, it can be isolating from an employee culture perspective. Some of us are lucky enough to have family support at home, but many do not. It’s crucial that those looking for companionship and emotional support are able to find it, within our community.

Having a strong culture in place is not only invaluable for the individual’s well-being but also vital in keeping employees engaged and motivated. One strategy to achieve this is taking advantage of the technology that connects us. At SailPoint, we have several Slack channels that aren’t related to work to keep our community connected. We have channels for parents, pet lovers, beauty gurus, Texas Longhorns and more, but we also have a channel called SAIL ON. This particular channel is a place for people to post supportive messages, or to just have fun and connect with their community of crew members. So far, this initiative take on a life of its own, as we’ve seen our crew organize fitness competitions, build standing desks for each other’s homes, share their thoughts on "Feel Good Fridays.”

SOURCE: Payne, A. (23 October 2020) "3 tactics to navigate company culture in a remote world" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/list/3-tactics-to-navigate-company-culture-in-a-remote-world


3 small business leaders on what it takes to survive the pandemic economy

Now more than ever, business leaders are having to take the roads less traveled when it comes to allowing their businesses to succeed. The pandemic economy has caused many to struggle, and many are stepping out to talk about what they've learned. Read this blog post to learn more.


Building a business is never easy, but 2020 has been a unique calamity. In the U.S., which has suffered more COVID-19 deaths than any other nation, the economy entered its worst downturn in generations. Although central bank stimulus and government programs such as the Paycheck Protection Program have helped cushion the blow, a return to growth will depend on the creativity and resilience of millions of entrepreneurs and business managers.

Lindsay Gibson, COO, TextNow
Over a decade, TextNow built its business, an app that allows users to send and receive calls and text messages for free, by hosting ads for hotels and airlines and the like. Within weeks of the COVID-19 pandemic hitting the U.S. and Canada, one-quarter of TextNow’s revenue disappeared. The company closed its Waterloo headquarters, as well as offices in Portland, Ore., and San Francisco. All employees started working from home.

Lindsay Gibson, the chief operating officer, stayed relatively calm. A 16-year career at cellphone maker BlackBerry taught her how to navigate an organization on “a downward slope,” as she puts it. At BlackBerry, she once had to cut 250 jobs on her first day in a new role. She remembers it as the beginning of five years of doing more with less.

Her strategy then, and now, was to make plans. Plan A at TextNow was to slash revenue targets and cut expenses. The company eliminated 19 jobs, froze hiring, and ended employee perks such as personal trainers and free lunches. Biweekly companywide Zoom meetings were instituted to keep staff up to date and fortify plunging morale. For three months the mood became “very conservative, very heads down, and very focused,” Gibson says.

The company quickly found opportunities for growth. With so many people unable to visit friends or relatives, TextNow started testing a video chat function. Amid the economic downturn, hundreds of thousands of people could no longer afford to pay their AT&T or Verizon bills, so TextNow’s appeal increased. As school moved online, teachers began using TextNow to communicate with parents and students.

By July, TextNow was growing again. It lifted the hiring freeze and recruited a chief growth officer to beef up marketing and help win customers. TextNow is on track to meet or exceed its new revenue targets, Gibson says.

Brian Butler, president and CEO, Vistra Communications
Brian Butler is used to dealing with disaster. The Gulf War veteran — who still suffers from injuries and hearing loss sustained during his Army service — oversaw a munitions plant in Virginia at the time of the Sept. 11 attacks, helped coordinate Hurricane Katrina relief from the Pentagon, and started his marketing and communications business just before the 2008 financial crisis.

So in January, when he first read about a virus sweeping China, he started to prepare. In February he ordered five laptops for a core group of employees and by March had purchased 35. When other companies found themselves struggling to find equipment, his staff was settled and working from home. “I was a planner in the military,” Butler says. “I heavily rely on my ability to think and plan before I do.”

Still, in just a few months, Vistra lost two clients and three major contracts, including a hospital, a large beverage company, and a tourism agency that canceled events, contracts, or big projects. The company responded with an online campaign it called “V Positive.”

“We put up positive messages on a weekly basis,” Butler says. “That generated more good leads for us, just by doing that. So while in some areas we lost a few customers, in some areas we gained a few.”

In late May, the video of George Floyd’s death led to worldwide protests against police killings of Black Americans. Butler is Black, and 48% of his employees are people of color. Vistra started a new business line that offers tailor-made diversity training to customers.

As the months of working from home passed, Butler says he focused more on his staff’s well-being. He gave each employee $150 to “buy something that will help them work better.” The company, which already holds weekly and monthly video calls for staff, started including more informal Thursday morning coffees and Friday afternoon sessions with his father, a chaplain. Butler says the idea stemmed from his experience in the Army, where every battalion has its own chaplain. “And I thought, Hmm, why does it have to be different in the workplace?”

By late August, most of the clients the company had lost in the early days of the pandemic were back on Vistra’s roster. Butler says he’s working from his home for the foreseeable future, just a few miles from the office — and a few feet from the bedroom where he founded his company 13 years ago.

Melissa Wirt, founder, Latched Mama
Melissa Wirt thought she knew about juggling responsibilities. She founded Latched Mama to provide affordable, functional clothing for nursing mothers six years ago, when she had just two children. Today she’s the mother of five.

Then in February, the coronavirus shut down the factories of some of Latched Mama’s suppliers in China. It took a few more weeks before it hit her team — most of them working mothers — in Virginia. “So many moms’ lives, within a 24-hour period, were turned upside down,” she recalls. “Kids stopped going to school on a Friday and didn’t go back on a Monday.”

Wirt’s mother came up from Florida to help take care of her kids. Another mom couldn’t come to the office anymore when school and day care closed. “So her husband is now coming into work” and is on Latched Mama’s payroll, Wirt says, and the woman is doing social media work for the company from home.

In other ways, the work-from-home lifestyle proved a boon to Latched Mama’s business. Women are treating themselves to more comfortable clothes, boosting sales from last year, Wirt says.

Her staff, many at home or working half-shifts, weren’t able to pack and ship fast enough to meet the elevated demand. One of her employees got COVID-19 during the summer, and fear of the virus remained high.

So Wirt recruited teenagers, including a 16-year-old neighbor, to work part time. She also hired two people to manage shipments and warehousing, scooping them up from a nearby distribution company that went bust during the pandemic. “In some ways it’s an amazing problem to have,” Wirt says. “But it’s also hard as a small business because you also have to keep your employees safe. It’s just a lot of balls in the air at the same time.”

Productivity has ticked down. But Wirt says she feels that’s a small sacrifice in an unprecedented year.

“If we need to cut some profit to be able to make sure that people can relax and take a deep breath and be there for their kids and get through this pandemic together, then that’s what we’re going to do.”

SOURCE: Dmitrieva, K.; Kazakina, K.; Greenfield, R. (07 October 2020) "3 small business leaders on what it takes to survive the pandemic economy" (Web Blog Post). Retrieved from https://www.benefitnews.com/articles/3-small-business-leaders-on-what-it-takes-to-survive-the-pandemic-economy


Three keys to creating remote team chemistry

The chemistry between team members is often a key building block in successful communication and growth. Now that most workplaces are working remotely and team members are not face-to-face each day, creating a powerful and positive team takes a more delicate approach. Read this blog post to learn more.


Scottie Pippen once said, “Chemistry is a very important element for any team that wants to be serious about winning.” As a six-time NBA champion, Pippen knows a thing or two about winning. His chemistry with Michael Jordan and the Bulls’ supporting cast created one of the greatest dynasties in sports history.

Chemistry — the way teams work together — has always been the X-factor in success stories. Today, in a world where working from anywhere is becoming the standard, creating and harnessing chemistry is newly challenging but just as important as ever.

One of the great challenges of working remotely is replicating the interactions and relationships that develop naturally in a physical office. Camaraderie and morale, huge factors in developing positive team chemistry, can’t be forced. Chemistry isn’t quantifiable or trackable; it’s an organic quality that changes over time, much like company culture. Leaders can’t force chemistry to happen nor should they try. Instead, creating a powerful, positive team chemistry remotely takes a more delicate approach.

When it comes to chemistry building, consider being both active and passive. If you’re too active in promoting bonding and friendship, your efforts may end up ringing hollow. If you’re too passive, you won’t know what’s going on with your team. A healthy remote management style will go a long way in promoting chemistry but won’t get you all the way there. You have to supplement good managerial practices with procedures designed to promote trust and kinship between team members.

 Create a space for chemistry

One of the first steps to establishing remote chemistry is to provide people with a space to talk about non-work matters. When you had an office, this space already existed in the form of hallways, breakrooms, the moments before and after a meeting, and more. Creating a virtual water cooler (you can even set specific hours for it in Zoom) will encourage people to discuss their lives outside of their careers. These discussions bring people together, making them more likely to trust and rely on one another.

Better than just providing a space for these talks is giving folks something to talk about. Creating a book club, fantasy football league or TV-watching group will ensure that people will have common experiences to talk about. If you want to go full meta, you could even watch the Emmy-winning documentary series “The Last Dance” about the Chicago Bulls and discuss team chemistry itself.

Welcome new team members

If you’ve added new employees during 2020, you know how hard it can be to make them feel like a part of the team. Odds are, new hires have never met the people with whom they are most closely collaborating. It’s not hard to see how that could create a problem. To avoid a world where new team members feel like anonymous hired guns, you have to actively create warmth and kinship.

New hires should receive both formal and informal introductions to their new coworkers. A structured meet and greet will allow people to learn quick facts about each other, work preferences and other essential details. A virtual happy hour will give people a chance to get to know each other in a less rigorous way. By the end of a new employee's first week, they should have experienced both.

Share challenges and victories alike

Nothing brings people together like shared experiences. When you go through a tough client experience with fellow team members, you grow closer to them. When somebody helps you on a project that yields great results, you trust them more than you did before. The essential value of team chemistry comes from a sense that you’re all in this together. To make people feel that way, you have to let them talk about what they’re going through.

Talk about Zoom fatigue. Talk about the clients who struggle to accept a tech-heavy reality. Talk about what’s working and what isn’t. Talk about how hard it is to juggle a family and work with everyone under one roof. Talk about it all. When it comes to team chemistry, conversation is never an enemy.

SOURCE: Vetter, A. (05 October 2020) "Three keys to creating remote team chemistry" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/list/three-keys-to-creating-remote-team-chemistry


8 Diversity Recruiting Mistakes and How to Avoid Them

Diversity in the workplace involves taking a close look at each step within the recruiting process, and companies must commit to their diversity in the hiring process to complete the hiring puzzle. Read this blog post to learn more.


Employers are re-evaluating workplace diversity at their organizations, starting with being more thoughtful about recruiting from a broader range of talent.

"An effective diversity recruitment program involves taking a close look at every step of the recruitment process, from sourcing and recruitment marketing, to screening and interview practices, to how you present an offer," said Matt Marturano, vice president at executive search firm Orchid Holistic Search in the Detroit area.

Companies must commit to their diversity, equity and inclusion initiatives, and hiring is one of the most critical pieces of the puzzle, said Liz Wessel, CEO and co-founder of WayUp, a New York City-based jobs site and resource center for college students and recent graduates. "Most employers think that the reason they aren't hiring enough diverse people is because of a 'top of funnel' problem—not getting enough diverse applicants. However, in most cases, an equally big problem is the funnel itself, meaning they have parts of their hiring process and criteria that don't bode well for underrepresented candidates."

WayUp produced a report identifying eight of the most common barriers to attracting and hiring diverse candidates for emerging professional roles, along with tips for eliminating bias and improving diversity in the hiring process.

1. GPA Requirements

Recruiters can increase the number of Black and Hispanic candidates to their jobs by eliminating GPA minimums.

"By setting a minimum GPA for early-career candidates, companies are inadvertently creating an employment test that disproportionately hurts Black, Hispanic and Native American candidates," Wessel said. That's because data suggest that since Black, Hispanic and Native American students are more likely to come from lower-income households and work longer hours in college, their GPA suffers, she said. She added that data show GPA is rarely correlated to performance.

2. Relocation Stipends

Offering financial support for moving expenses is important to attract diverse, early-career candidates given that low-income students without the means to relocate for a new role are disproportionately Black or Hispanic. Black candidates are almost twice as likely as other candidates to be unwilling to relocate for a position if there is no stipend provided, WayUp found. "This means that Black candidates will be less likely to apply or more likely to drop out of your process or reject your job offer entirely," Wessel said. "Relocation stipends level the playing field for people of all socioeconomic statuses," she added.

Recruiters and hiring managers assume that everyone in college has the financial ability to move to take a job, said Margaret Spence, founder of The Employee to CEO Project, aimed at coaching diverse women to attain C-suite leadership roles. "The reality is that for most minority students, they are existing from a community putting together funds for them to be in school," she said. "They are financially strapped and already working to get by. Recruiters must have cultural awareness to understand that their candidates are coming from different backgrounds."

3. Interview Scheduling

When and how interviews are scheduled can impede engagement with minority candidates. That's because there are millions of low-income students—disproportionately Black or Hispanic—who work while in college, which leaves them less time to schedule interviews during traditional business hours.

"When I was a student, I worked full time as a waitress," Spence said. "That is the reality for many students right now. If you are asking someone to do an interview at 11 a.m., maybe that person is in a class or working a part-time job. It would be better to create a calendar opportunity that allows a student to go in and pick a time when they are available."

4. Interview Technology

The trend toward using video interview technology is growing, but the method presents a challenge to low-income job seekers who don't have access to the technology required. According to a 2019 Pew Research Center survey, only 58 percent of Black respondents and 57 percent of Hispanics reported owning a desktop or laptop computer. And just 66 percent of Black respondents and 61 percent of Hispanics reported having Internet access.

"Leveraging AI or video to help screen candidates seems like an easy win from an efficiency perspective," Wessel said. "But if you're trying to hire diverse entry-level talent, our findings suggest you should rethink that strategy."

The tools and tech-related skills that are needed to be hired are not equally available to everyone, Spence said. "Talent acquisition should get more involved with college career-development programs to teach people how to build a LinkedIn profile and how to apply for a job virtually, instead of just throwing the tech at them. The technology is an enhancement; it cannot be the only tool."

Wessel said the solution is to embrace high-touch recruiting. "Avoid using prerecorded interviews as a method to screen candidates if you can," she said. "Instead, build trust with your candidates by removing bias from the candidate screening process, including the interview itself."

5. Paid Internships

According to Wessel, this one couldn't be more simple: Unpaid internships perpetuate inequality. Most people cannot afford to work for free. The average cost of an unpaid internship for students is $6,800, according to WayUp, and that number only goes up based on the hottest job markets.

Spence shared that a client told her it was having problems getting minority interns to show up on day one. Managers thought they were being ghosted. But when recruiters inquired with the candidates, they realized many people didn't have the money to travel or live as unpaid interns. All the hired interns showed up the following year once the company offered a stipend and housing.

6. Job Posts

A common type of unconscious bias can be found in how job posts are written. "The bias in your job post predicts who you'll hire because the language changes who applies to your job," Wessel said. "Job-posting language can deter diverse candidates, but it can also drive more minority applicants when done well," she said.

"It's been an issue for years now," said Tai Wingfield, senior vice president of diversity, equity and inclusion in public relations firm Weber Shandwick's corporate practice. "That also goes for unconscious bias in how interviews are conducted and the types of questions that are asked. These biases have the potential to disqualify diverse talent capable of driving significant innovation."

Marturano said it's easy for stereotypes and bias to creep into job-post language, and taking the time to fully consider what job posts say and how they say it "speaks volumes to diverse candidates about how your organization operates and if seeking an interview would be worth their time and effort."

Wingfield added that "using words like 'fearless,' 'go-getter' or 'will work around the clock' can be very off-putting to those who are very capable but who struggle to maintain an 'always-on' work culture while prioritizing the education of their children during this time. Think about working parents."

Marturano recommended that organizations integrate diversity imperatives into a mission statement, include diverse benefits in the compensation package, and highlight possible career trajectories and any active employee resource groups.

7. School Sourcing

If your company focuses on the same select schools or only the elite schools for campus recruiting, the available talent pool is already diminished.

"By focusing your recruiting efforts on the same schools every year, you're focusing on the same type of candidates and likely discriminating against diverse students who don't get targeted by your company because they don't attend a top school," Wessel said.

Likewise, she said, employers shouldn't just focus on historically Black colleges and universities (HBCUs) to reach diversity hiring goals. "While HBCUs are incredible schools, we recommend taking a more holistic approach," she said. She noted that Spelman College, an HBCU in Atlanta, has just over 2,000 students, most of whom self-identify as Black, but Rutgers University in New Brunswick, N.J., has nearly 3,000 students who self-identify as Black.

"HBCU outreach is critical, but I was a student at the University of Maryland, where we had more Black students in our undergraduate class than nearby HBCU Howard in Washington, D.C.," Wingfield said. "Yes, companies should look beyond the HBCUs, but diversity recruiting requires culturally competent recruiters. Most large colleges and universities have affinity groups to partner with. I was a part of the Black student union. We held networking events and career fairs. Working with the student chapters of professional organizations on campus will also help recruiters find diverse talent from a broader bench of schools."

8. Technical Assessments

Technical assessments are one of the biggest culprits when it comes to bias in the hiring process, Wessel said. Hiring should never be based solely on one of these tests, she said. "Much like standardized tests, technical assessments are unfair to students who don't have access to training. Many universities, especially wealthier ones, are more likely to teach students how to take coding assessments. The same cannot be said for students who attend less economically advantaged universities." Instead, the technical assessment could be used as a guide to help recruiters and hiring managers determine a candidate's weaknesses and strengths, and point out areas for skilling, she said.

Spence said employers that want candidates to be proficient with certain technical skills should be partnering with schools on curriculum. "To move the needle on diversity in the tech space, employers will have to get more involved in developing the education they're seeking," she said.

SOURCE: Maurer, R. (28 September 2020) "8 Diversity Recruiting Mistakes and How to Avoid Them" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/8-diversity-recruiting-mistakes-how-to-avoid-them.aspx


Working from home in a pandemic is not shirking it

Juggling work and personal lives was a challenge before the coronavirus pandemic, but now as many are still continuing to work from home, employes are beginning to become worn down from having to manage their home life and work-life all at once. Read this blog post to learn more.


Working from home, once jokingly dismissed as “shirking” from home, is back as a pandemic lifeline for economies amid a resurgence of COVID-19 cases in Europe. Governments in Britain and France, having goaded workers back to the office after lockdown, are now urging them home again. The sound of frustrated bosses gritting their teeth can be heard across the City of London, as big firms from Goldman Sachs Group to Citigroup pause the back-to-work push while keeping the office open.

There’s a sense of whiplash among white-collar workers, who just weeks ago were told that it was time to put the economy first and get back to their cubicles and open-plan desks. There should also be palpable relief. Being able to pull in a salary while safe at home is a privilege hospital staff, care workers and supermarket cashiers can’t have.

Still, we know from the first wave of lockdowns that those stock images of remote workers logging on from bed with a smile and tousled hair, or of barefoot parents deftly bouncing toddlers on their knee while firing off an email, are a fantasy. While surveys suggest working from home is popular among employees crushed by the grind of the daily commute, the grumbling of CEOs that productivity and company culture are vulnerable isn’t entirely wrong.

The mass push to work from home earlier this year was unprecedented. It represented an estimated 42% of the U.S. labor force (or more than two-thirds of economic activity when weighted by contribution to GDP), but it had drawbacks. The apparent productivity gains of being at home instead of on the subway began to look more like the result of a steadily lengthening work day, according to multiple network operators, rather than supercharged efficiency.

Juggling Zoom calls and childcare made matters far worse, one reason governments in Europe put so much emphasis on reopening schools this fall. “We are home working alongside our kids, in unsuitable spaces, with no choice and no in-office days,” Stanford economist Nicholas Bloom said in March as he warned of a looming “productivity disaster.” He’s usually much more positive: His past research has linked working from home to a 13% rise in performance and a 50% drop in employee departure rates.

While corporate bean counters dream of one day dumping costly commercial real estate for digital offices in the cloud, the reality of the cost of living in big cities means home offices aren’t up to scratch.

More than half of Americans working from home do so from shared rooms or bedrooms; more than one-third have poor internet connections or none at all. A June survey of Japanese workers found that even among early adopters of remote work, only a third found it more productive than working in the office, citing poor equipment. Deutsche Bank AG’s monthly survey of financial-market professionals found their assessment of whether they were on balance more productive or less productive at home declined from 20% in June to 11% in September. (It had plunged to -13% in April as everyone was forced home full-time all at once.)

That’s the short-term assessment. We don’t yet have evidence of mass remote work’s impact of longer term on company productivity, but the current outlook is mixed at best. It’s hard to see how the field of research and development — already being thinned out by recession-related cuts — is going to win out in this environment.

Given there’s little freedom right now to create a hybrid model combining office and home — the preferred option for the majority of workers surveyed at French carmaker PSA Group, for example — bosses should do more to make the work-from-home experiment palatable and safe for all involved. Subsidizing utility bills, workspace equipment like ergonomic chairs, and even expenses such as rent (as one Swiss firm was ordered to do in May) would increase satisfaction. Managerial habits should also change, with more trust given to employees, if companies are serious about attachment to “culture.”

The right to disconnect, which had begun to spread worldwide before the pandemic, is critical. The output gains of remote work come from contented and engaged workers, not the cheaper transaction cost of being able to hire, fire and manage via the Internet.

None of this is to idealize the world of physical offices, so easily skewered by the likes of Scott Adams’s Dilbert. And complaining about neck pain, or bosses constantly “checking in” online, might ring hollow to medical staff and delivery drivers who are on the frontlines. But given remote work is now such a critical lifeline for the economy, it would be a shame to let the current experiment fail as others have before. Choosing between your job and your health is a grim trade-off, and one that really shouldn’t exist in a pandemic like this one.

SOURCE: Laurent, L. (25 September 2020) "Working from home in a pandemic is not shirking it" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/articles/working-from-home-in-a-pandemic-is-not-shirking-it


Viewpoint: How to Minimize the Risk of Retirement Plan Litigation

Many employers have paid millions to settle lawsuits brought to them based on their excessive fees in their retirement plans. It's the employer's responsibility to ensure that retirement plans are created for the most benefit for those who partake in it. Read this blog post to learn more.


What do Estee Lauder and Costco have in common? Both are defending themselves against lawsuits alleging mismanagement of 401(k) accounts, as retirement plan litigation under the Employee Retirement Income Security Act (ERISA) proliferates.

LinkedIn was added to the list in August, when a class-action lawsuit was filed alleging the firm mismanaged its 401(k) plan. And, on Sept. 18, a federal judge rejected a petition by AutoZone Inc. to dismiss allegations of ERISA violations filed by 401(k) plan participants.

In recent years, employers as different as Princeton University and WalMart have paid millions of dollars to settle lawsuits brought by employees alleging excessive fees in their retirement plans.

At the heart of many of these cases are allegations that employers' retirement plan oversight committees tolerated high fees and poor investment performance. Retirement plan committee members are fiduciaries who, under ERISA, are responsible for ensuring that the plan operates in the best interest of its participants.

Attracting Lawsuits

Companies settling ERISA lawsuits are typically accused of failing to pay adequate attention to the retirement plan, such as by failing to remove or replace poor or overly expensive investment choices and allowing vendors to charge above-market fees. The old adage that an ounce of prevention is worth a pound of cure is relevant here.

Law firms are combing through ERISA plan annual filings to identify worthwhile 401(k) targets, looking for expensive or poorly performing investments and high recordkeeping costs. ERISA complaints now include tables and charts comparing a targeted plan's investment performance and expenses with average or best-available practices, to persuade courts that a trial is in order.

Law firms comb through ERISA plan filings to identify worthwhile targets.

Adopting Best Practices

Plan sponsors can't completely eliminate the risk that they will be sued by current or former plan participants, but companies can minimize the risk by adopting best practices—such as those listed below—for making plan investment and management decisions.

FORM AN ACTIVE RETIREMENT PLAN OVERSIGHT COMMITTEE.

The committee should include interested employees, including representatives of HR, finance, legal and rank-and-file employees. A well-functioning committee has a range of talents and perspectives to help it make effective decisions.

The committee should operate under a written charter, setting out the responsibilities of the committee and its procedural rules for appointing members, holding meetings, voting, and hiring advisors and experts as needed, for example. The charter need not be overly rigid or specific but should be drafted to reflect how the committee will operate.

PROVIDE PERIODIC FIDUCIARY TRAINING FOR COMMITTEE MEMBERS.

ERISA is complicated, and committee decisions have direct impacts on employees' retirement income. Committee members must act solely in the interest of plan participants and make decisions as a "prudent expert." Ask vendors to have their top technical experts conduct training, and ensure that the training is tailored to plans of your size.

WRITE AND ADOPT AN INVESTMENT POLICY STATEMENT.

While having an investment policy statement (IPS) is not generally a requirement for 401(k) plans, it is an important document as it may help show that the committee acted prudently and in the plan's best interests in evaluating investments. The IPS should include specific language describing the process by which investments are selected, monitored and replaced when necessary.

It is not advisable to list the plan's current investments within the IPS, as this list may change over time and the IPS may not always be consistent with the website your participants visit to manage their accounts.

MINIMIZE INVESTMENT FUND EXPENSES.

Sponsors of 401(k) plans have spent millions of dollars settling allegations that they had overly expensive funds, in many cases retail-share classes rather than institutionally priced investments.

The expense ratios that 401(k) plan participants incur for investing in mutual funds have declined substantially since 2000, reports the Investment Company Institute, a trade association for financial services firms. In 2000, 401(k) plan participants incurred an average expense ratio of 77 basis points (0.77 percent) for investing in equity mutual funds. By 2019, that figure had fallen to 39 basis points (0.39 percent), which is a 49 percent decline.

For plan sponsors of all sizes, it is imperative to document efforts to maintain the lowest possible investment expenses.

COMPARE INVESTMENT PERFORMANCE.

How do your plan's funds compare to similar offerings? There is no shortage of high-performing, low-expense funds to choose from in each investment category. While the retirement committee can't forecast future investment performance, it can determine prudent funds based on their track record.

If investment evaluation isn't your forte, get expert help from an investment adviser that accepts fiduciary responsibility for investment recommendations.

DROP UNDERPERFORMING FUNDS.

If the menu needs to be revamped, just do it. The small inconvenience of explaining to employees why changes are being made is better than responding to document requests arising from litigation for failing to let go of underperforming funds.

MONITOR REVENUE-SHARING.

Many mutual funds share a small portion of their expense ratio fees with plan administrative firms, which may reduce the costs that plan sponsors pay administrative firms for services such as recordkeeping of participants' investments, providing statements and distributing literature. Fund share classes with no revenue-sharing, however, have lower expense ratios and slightly better investment performance.

If revenue-sharing is in place for any fund being offered through the plan, audit it periodically—at least annually—and ensure that it is reducing plan expenses that might otherwise be paid by participants.

PAY VENDORS WITH FLAT-DOLLAR FEES.

All plans should grill their recordkeepers and other vendors on whether they charge the very lowest administrative fees available. When plan sponsors don't pay administrative fees themselves, a best practice is to charge participants a flat recordkeeping fee (perhaps subsidizing small balances) rather than using revenue-sharing funds to pay the recordkeeper a fee based on the percentage of assets in plan accounts.

If plan sponsors engage an investment adviser, it's also preferable to pay them a flat-dollar fee rather than a fee that fluctuates based on plan assets. Advisers should not be thinking about how recommended changes in a fund lineup will affect their pay.

In all circumstances, evaluating fees on a flat-dollar amount or dollars per participant will provide useful comparisons to fees based on a percentage of assets under management in the plan.

MAINTAIN CONSTANT VIGILANCE ON ADMINISTRATIVE FEES.

Recordkeepers and other vendors negotiate best when they perceive that they may lose you as a customer. As a fiduciary, you and your team need to play hardball at times. Don't worry about hurting the feelings of the vendor's personnel—you're the fiduciary with potential liability, they're not. Benchmark your administrative fees and consider issuing a request for proposal (RFP) for administrative services every few years.

Even though plans may not have changed much, vendors have, and they should be able to lower costs or provide additional services.

DOCUMENT YOUR DECISIONS, BUT BE SMART ABOUT IT.

Maintaining good records is a must but understand that any and all plan-related documents can wind up in the hands of class-action attorneys. Meeting minutes and e-mails should be carefully written and demonstrate a prudent process, to avoid casting the plan or committee in a bad light.

GET IT IN WRITING.

Vendor contracts should be negotiated, not rubber-stamped. Keep track of promises made in RFP responses and finalist presentations. A vendor's oral promises should be documented within their service agreement. Insist on performance guarantees so your plan will be compensated for any service lapses.

DON'T ACCEPT FORCED ARBITRATION WITH ANY VENDORS.

Fiduciaries should not sign away their option to use federal courts to resolve conflicts with vendors. Plan sponsors can always choose to arbitrate a dispute, as vendors prefer this. Just don't sign any contracts agreeing to compulsory arbitration of any and all disputes.

PROTECT AGAINST IDENTITY THEFT.

Ensure that hackers don't steal your employees' account balances. Ask recordkeepers about their security practices, experiences in defeating hackers, and resources committed to maintaining strong cybersecurity.

Obtain a written commitment in the service agreement that the vendor will reimburse participants who followed account security guidelines and, through no fault of their own, had their accounts depleted.

Summing Up

There are several things a company can do to protect against 401(k) litigation. Have the retirement plan run by a committee of dedicated, knowledgeable employees. Hire independent expert advisers to help with investments, vendor oversight and training. Make sure that all fees are competitive, using benchmarking and RFPs as needed. Use an objective fund scoring methodology and replace underperforming investments. Document decisions and pay attention to process.

SOURCE: Scott, P. (22 September 2020) "Viewpoint: How to Minimize the Risk of Retirement Plan Litigation" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/minimize-risk-of-retirement-plan-litigation.aspx


Retirement accounts at ‘serious risk’ as COVID-19 spurs bankruptcies

The coronavirus pandemic has disrupted many things around the world, let it be the workplace, schools, everyday life habits, and it has even disrupted retirement accounts. In the nine months of COVID-19 hitting businesses, bankruptcies and lawsuits have risen and caused many questions. Read this blog post to learn more.


If there’s one thing clients have always relied on in troubled times, it’s that last bastion of savings, the retirement account — whether it be a 401(k) or an IRA.

But we’re now into the ninth month since COVID-19 hit our shores and nothing can be taken for granted. Business closures, bankruptcies and lawsuits from creditors have soared, calling into question even that formerly unassailable bulwark. That’s why it’s crucial that advisors know which accounts can be protected in bankruptcy and in non-bankruptcy lawsuits — and which cannot.

Make no mistake: Not all possess the same safeguards. Retirement accounts carry a number of different protections. These layers of defense shield IRA owners and company plan participants from bankruptcy and general (non-bankruptcy) creditors. In addition, levels of protection vary widely from state to state. In the current environment with so many small businesses on the brink of closing and struggling employees in limbo, increased bankruptcy filings are placing retirement savings at serious risk, especially when these might be the only funds available for a personal bailout.

ERISA plans: The gold standard
Most employer-sponsored retirement plans, such as 401(k)s, fall under the Employee Retirement Income Security Act of 1974 guidelines and receive creditor protection at the federal level. ERISA offers the gold standard of protection up to an unlimited amount against both bankruptcy and non-bankruptcy general creditor claims.

To illustrate, let’s take the hypothetical example of “Mark,” a successful contractor who flips houses. He has a 401(k) plan set up for himself and the employees of his sole proprietorship. Mark’s current plan balance is $1,500,000.

Recently, however, there was an accident at one of his construction sites, and Mark is being sued personally. Even if Mark loses the lawsuit, the assets in his 401(k) remain protected by ERISA up to an unlimited amount. Additionally, if Mark were to declare bankruptcy, his 401(k) would be off limits to bankruptcy creditors.

Going solo = greater exposure
The same protections do not, however, hold for solo 401(k) plans.

Often, business owners worried about potential lawsuits keep their retirement funds in their so-called solo-K because they believe it to be fully creditor proof, as opposed to an IRA.

Butsolo 401(k) plans are not covered by ERISAand have no creditor (non-bankruptcy) protection under that law. Plan balances will only receive non-bankruptcy creditor protection available under applicable state law.

These plans do, however, receive full bankruptcy protection under the bankruptcy code. This is also the case with other non-ERISA company plans such as SEP and SIMPLE IRAs, non-ERISA 403(b) plans and 457(b) governmental plans.

Bankruptcy and IRAs
Traditional and Roth IRA contributions and earnings are protected from bankruptcy under federal law up to an inflation-adjusted cap — currently $1,362,800.

Is this a sufficient limit?

If the maximum amount was contributed to an IRA each year from 1975 to 2020, there would be $141,500 in contributions — $158,500 if the IRA owner qualified for age 50 catch-up contributions available beginning in 2002. It is unlikely that the earnings, even for those who contributed the maximum each year, would push an IRA balance over $1,362,800.

But what about rollovers from plans to IRAs? Do these dollars count against the $1,362,800 cap?

They do not. Former company plan assets (previously protected by ERISA while in the plan) rolled to an IRA will obtain unlimited bankruptcy protection under the bankruptcy code. As an added bonus, rollovers from SEP and SIMPLE plans also do not count against the $1,362,800 cap.

As an example, let’s conjure up “Sheila,” an attorney with a $2,000,000 balance in her company’s ERISA 401(k) plan and a $700,000 balance in her IRA, which is composed entirely of contributions and earnings.

In April, Sheila retired from her law firm and in May rolled her 401(k) into her IRA. Sheila’s IRA is completely shielded from bankruptcy. The bankruptcy code protects her $2 million 401(k) rollover up to an unlimited amount, and the $1,362,800 cap is enough to cover her original IRA balance.

Note that in this example, Sheila did not need to keep her 401(k) and IRA dollars separate to retain the maximum bankruptcy protections. However, from an administrative standpoint, it could make sense for some individuals to keep rollover assets separate via a conduit IRA to avoid confusion.

Lawsuits and IRAs (non-bankruptcy)
General creditor protection (e.g., when a person wins a judgment in court against the account owner) for IRAs, Roth IRAs and IRA-based company plans like SEPs and SIMPLEs is based on individual state law — and these state-level, non-bankruptcy protections vary widely.

As such, it is important to understand your client’s state coverage, especially before advising the client to roll over ERISA plan dollars into an IRA.

As mentioned, ERISA-covered plans enjoy full bankruptcy and general creditor protection. While all former plan dollars remain protected in bankruptcy by the bankruptcy code after a rollover to an IRA, these same dollars do not retain unlimited general creditor (non-bankruptcy) protection. Assets rolled from an ERISA plan to an IRA will now fall under the applicable state-level protections. These state safeguards may be comparable to ERISA levels, or they may be significantly less so.

For instance, the hypotheticalDr. Kapp” changed employers and is deciding what to do with his $400,000 401(k) plan. His profession exposes him to malpractice lawsuits. If Dr. Kapp rolls the assets from his work plan to an IRA, the $400,000 will be fully protected in bankruptcy. However, he will be limited to the general creditor (non-bankruptcy) protections offered under state law.

Instead, Dr. Kapp elects to roll his former plan assets into the 401(k) plan offered by his new employer. That way, he ensures the $400,000 will retain 100% ERISA protection from both bankruptcy claims and any malpractice judgments against him.

Inherited IRAs and bankruptcy
In a landmark decision released in 2014,Clark v. Rameker, the U.S. Supreme Courtruled unanimously that inherited IRAs are not protected in bankruptcy under federal law.

Since only "retirement funds" are protected under the bankruptcy code, the primary issue before the court was whether an inherited IRA is, in fact, a retirement account. The Supreme Court decided that inherited IRAs do not contain “retirement funds” because:

1. Beneficiaries cannot add money to inherited IRAs;

2. Beneficiaries of inherited IRAs must generally begin to take RMDs, regardless of how far away they are from retirement; and

3. Beneficiaries can take total distributions of their inherited accounts at any time and use the funds for any purpose without a 10% early distribution penalty.

As a result, the favorable bankruptcy protection afforded to such funds under the bankruptcy code does not extend to inherited RIAs.

Bankruptcy timing and rollovers in transit
IRAs and retirement accounts protected under the bankruptcy law are generally shielded only as long as the funds remain qualified. Creditors will sit patiently until retirement dollars are withdrawn to snatch them as unprotected assets.

However, these funds remain safeguardedas long as they are qualified dollars. If funds are withdrawn, the law protects these dollars while they are out of the IRA in transit to the new IRA or retirement account. This protection applies to 60-day rollovers as well as trustee-to-trustee transfers. An individual only receives this protection if bankruptcy paperwork was officially filed while the funds were still in the retirement account. Timing is key in such cases. Funds already out on rollover when bankruptcy is declared lose all protection.

IRAs and the LLC shield
IRAs enjoy specific levels of protection against “outside” claims, i.e., claims brought personally against the IRA owner.

But what happens when a claim is brought against an investment within the IRA? The answer is that such “inside” claims may not only devastate the IRA but could also put an IRA owner’s personal non-qualified assets at risk. Inside claims can be mitigated with the use of a limited liability company (LLC).

The imaginary “Blake” owns a self-directed IRA worth $500,000 that invests entirely in a local Jet Ski rental and watersports company. He did not use an LLC within the IRA to acquire the rental business. Blake has other personal assets worth $1.5 million.

Last summer, a Jet Ski renter had an accident and suffered a catastrophic injury. After almost a year of litigation, the renter won a $2 million judgment against the IRA.

All of Blake’s IRA assets could be reached because the claim arose from activities of the IRA investment. His personal assets could also be at risk. But if Blake’s IRA had been invested in an LLC that subsequently purchased the water sports company within the IRA, the LLC structure would have protected both the IRA assets and Blake’s personal assets against the $2 million judgment.

Be keenly aware of outside vs. inside claims and how to mitigate certain risks with an LLC.

Clear and present danger
Add the ongoing COVID-19 outbreak to our litigious society with the increasingly looming possibility of bankruptcies, all under the watchful eye of SEC Reg BI, and educating clients on available safeguards becomes increasingly vital.

That education holds even more true for financial advisors in whom clients have placed their trust and financial futures. Understanding the levels of bankruptcy and non-bankruptcy protections afforded to both workplace retirement plans and IRAs is now a must to safeguard the dreams of post-work life clients have worked so hard to achieve.

SOURCE: Slott, E. (10 September 2020) "Retirement accounts at ‘serious risk’ as COVID-19 spurs bankruptcies" (Web Blog Post). Retrieved from https://www.financial-planning.com/news/retirement-accounts-at-risk-as-coronavirus-spurs-bankruptcies