Beware: Losing health plan grandfathered status is an administrative nightmare
Some interesting points on grandfathered status' from HRMorning, by Jared Bilski
Employers that have managed to keep their grandfathered status until now may think they’re immune from the hassles of the ACA, but a recent DOL investigation is a good reminder that the feds are always watching for a slipup.
Sierra Pacific Industries Health Plan was one of the few remaining grandfathered plans in existence, and they managed to keep that status for years after the ACA took effect.
But, according to a DOL investigation, the plan made some changes beginning on Jan. 1, 2013, that prevented the plan from keeping its grandfathered status and led to a relinquishing of that status in the feds’ eyes.
Those plan changes, as well as how the plan made determinations on employee health claims, violated both the ACA (specifically the provisions on preventive health services and internal claims and appeals rules) and ERISA, the DOL claimed.
‘Operating as though it were exempt’
As the DOL’s Assistant Secretary of Labor for Employee Benefits Security Phyllis C. Borzi said:
“The Affordable Care Act put into place standards and protections for workers covered by employee benefit plans. The Sierra Pacific plan was operating as though it was exempt from such requirements, when indeed, it was not. This settlement means that workers improperly denied health benefits will have their claims paid. Corrections made to plan procedures will also mean that all future claims are processed and paid properly.”
No premium or deductible bumps
The end result of the feds’ investigation: A lot of administrative work and changes for Sierra Pacific.
As part of the settlement, plan fiduciaries agreed to comply with the ACA requirements for non-grandfathered plans moving forward, specifically the rules for internal claims and appeals and coverage of preventive health services.
Plus, for the 2017 plan year, the company will have to forgo any increases to participant premiums, annual out-of-pocket limits, annual deductible and coinsurance percentages in effect for the 2016 plan year.
On top of all that, the company agreed to:
- Revise plan documents and internal procedures.
- Re-adjudicate past claims for preventive services, out-of-network emergency services, claims affected by an annual limit and pay claims in compliance with the ACA and ERISA.
- Submit to an independent review organization claims were eligible for external review.
- Pay claims that had been left on hold for a long time.
- Comply with timelines for deciding claims as provided in the department’s claim regulation.
See the original article Here.
Source:
Bilski, J. (2016 October 14). Beware: losing health plan grandfathered status is an administrative nightmare. [Web blog post]. Retrieved from address https://www.hrmorning.com/beware-losing-health-plan-grandfathered-status-is-an-administrative-nightmare/
Executive order forces DOL to enact final rule on paid sick leave
Interesting read about the new DOL final rule from Employee Benefit Adviser, by Leanne Mehrman
The U.S. Department of Labor acted on President Obama’s Executive Order 13706 (EO) and released a final rule implementing the requirements for federal contractors and subcontractors to provide employees with paid sick leave. Specifically, contractors must provide one hour of paid sick leave for every 30 hours worked on or in connection with a covered contract, for at least 56 hours per year, and subject to certain limitations. The requirements will take effect for covered contracts entered into on or after January 1, 2017.
An employee may use the leave for his or her own physical or mental illness, injury, medical condition, treatment or diagnosis as well as that of any person with whom the employee has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship. This includes such relationships as grandparent and grandchild, brother- and sister-in-law, fiancé and fiancée, cousin, aunt, and uncle. It could also include others with whom the employee has a family-like relationship such as a foster child or foster parent, a friend of a family, or even an elderly neighbor in certain circumstances.
An employee may also use the leave for absences from work resulting from domestic violence, sexual assault, or stalking, if the leave is for the reasons described above or to obtain additional counseling, seek relocation, seek assistance from a victim services organization or to take related legal action. The leave for domestic violence, sexual assault or stalking is available for the employee and for the employee to assist a related individual as described above.
Covered contracts: The EO and Final Rule apply to contracts and contract-like instruments (which will be defined in DOL regulations) if the contract is:
- a procurement contract for services or construction;
- a contract for services covered by the Service Contract Act (SCA);
- a contract for concessions, including any concessions contract excluded by DOL regulations at 29 CFR 4.133(b); or
- a contract or contract-like instrument entered into with the federal government in connection with federal property or lands and related to offering services for federal employees, their dependents, or the general public; and
The wages of employees under these contracts are covered by the Davis Bacon Act (DBA), the SCA or the Fair Labor Standards Act (FLSA), including employees who are exempt from the FLSA's minimum wage and overtime provisions.
For contracts covered by the SCA or DBA, the EO and Final Rule apply only to contracts at the thresholds specified by those statutes. For procurement contracts in which employees' wages are covered by the FLSA, the EO and Final Rule apply only to contracts that exceed the micro-purchase threshold as defined in 41 U.S.C. 1902(a), unless expressly made subject to this order pursuant to DOL regulations.
Highlights of the final rule requirements include:
- Accrued sick leave must be carried over from year to year;
- Contractors must reinstate accrued sick leave for employees rehired by a covered contractor within 12 months after job separation;
- Contractors are not required to pay a separating employee for unused sick leave upon separation;
- Contractors must inform an employee, in writing, of the amount of paid sick leave accrued but not used no less than once each pay period or each month, whichever is shorter;
- Contractors cannot require the employee to find a replacement worker as a condition for using the paid sick leave;
- Contractors covered by the SCA or DBA will not receive credit toward their prevailing wage or fringe benefit obligations under these acts by providing the paid sick leave required by the EO;
- A contractor's existing paid sick leave policy provided in addition to the fulfillment of the SCA or DBA requirements, which is made available to all employees, fulfills the requirements of the EO and Final Rule if it permits employees to take at least the same amount of leave as provided by the EO for the same reasons;
- Employees must provide written or verbal notice of the need for leave at least seven days in advance if the leave is foreseeable and as soon as practicable when the need for the leave is not foreseeable;
- A contractor may only require certification of the need for the leave for absences of three or more consecutive days, but only if the employee received notice of the requirement to provide certification or documentation before returning to work;
- A contractor’s existing PTO policy can fulfill the paid sick leave requirements of the EO as long as it provides employees with at least the same rights and benefits that the Final Rule requires if the employee chooses to use that PTO for the purposes covered by the EO;
- Contractors may not interfere with or retaliate against employees taking or attempting to take leave or otherwise asserting rights under the EO;
- Contractors must still comply with federal, state or local laws or collective bargaining agreement provisions that require greater paid sick leave than required by the EO.
SCA health and welfare benefit rate to be adjusted: The DOL’s Wage and Hour Division (WHD) will be announcing an SCA health and welfare benefit rate specifically for federal contractors whose employees receive paid leave pursuant to the EO and Final Rule. This rate is expected to be lower than it would be without consideration of the provision of this paid sick leave.
Recordkeeping requirements: Contractors will be required to make and maintain records for purposes of the EO and Final Rule, including:
- Copies of notifications to employees of the amount of paid sick leave accrued;
- Denials of employees’ requests to use paid sick leave;
- Dates and amounts of paid sick leave employees use; and
- Other records showing the tracking of employees’ accrual and use of paid sick leave.
As with other leave laws, federal contractors must also keep employees’ medical records, as well as records relating to domestic violence, sexual assault, and stalking, separate from other records and confidential.
Employers’ bottom line
Federal contractors who anticipate entering into contracts that will be subject to Executive Order 13706 should do the following: First, review any current PTO/sick leave policy to determine if any revisions may be needed to bring it into compliance with the EO and Final Rule. Second, review the current payroll system to ensure that it has the capabilities to track the amount of paid time off accrued and taken, and timely advise employees. And finally, become familiar with the specific and detailed requirements contained in the Final Rule to ensure compliance upon entry into the first covered contract.
See the original article Here.
Source:
Mehrman, L. (2016 October 6). Executive order forces DOL to enact final rule on paid sick leave. [Web blog post]. Retrieved from address https://www.employeebenefitadviser.com/opinion/executive-order-forces-dol-to-enact-final-rule-on-paid-sick-leave
New EEOC pay reporting rule issued: 3 things you need to know
Check out some new EEOC rules from HR Morning, by Christian Schappel
It’s official: Employers will have more reporting duties moving forward. Here’s everything you need to know about the EEOC’s new final rule.
As expected, the agency just released its final rule updating the EEO-1 reporting requirements employers have to abide by.
For the most part, the final rule mirrors the proposed rule we got our hands on earlier this summer.
The rule requires certain employers to submit a summary of employees’ pay to the EEOC in addition to the gender, race and ethnicity reporting many employers are already accustomed to.
Beginning in 2018, employers will be required to report aggregate W-2 wages and hours worked in 12 pay bands for each of the 10 EEO-1 job categories and 14 gender, race and ethnicity categories. The EEOC issued a new sample EEO-1 form to help employers prepare for the new rule.
Three key components of the rule employers need to know:
Who will (and won’t) report pay data?
- Private employers and federal contractors with 100 or more employees will have to report the summary pay data on the new EEO-1 form.
- Federal contractors and subcontractors with between 50 and 99 employees will not report summary pay data, but they will tally employees by job category and then by sex and ethnicity or race, as they did before and report that information.
- Federal contractors and subcontractors with fewer than 50 employees will not file EEO-1 reports.
- Private employers with 99 or fewer employees will not file EEO-1 reports.
When is the first pay data due?
- The new EEO-1 report will be due for the first time on March 31, 2018, and it’ll be due every March 31 thereafter.
- This year’s reporting requirements have not changed, however. Those required to submit an EEO-1 report must still submit their 2016 reports by Sept. 30, 2016.
- Employers will then have 18 months between the 2016 and 2017 EEO-1 deadlines — from September 30, 2016 until March 31, 2018 — to comply with the new reporting requirements.
How will the new pay data be reported?
- Employers with 100 or more employees must first categorize employees by EEO-1 job category. The 10 categories are:
- (1) Executive/Senior Level Officials and Managers;
(2) First/Mid Level Officials and Managers;
(3) Professionals;
(4) Technicians;
(5) Sales Workers;
(6) Administrative Support Workers;
(7) Craft Workers;
(8) Operatives;
(9) Laborers and Helpers; and
(10) Service Workers.
- (1) Executive/Senior Level Officials and Managers;
- Then, they will categorize employees by sex, and ethnicity or race. These first two steps mirror the current EEO-1 reporting procedures.
- Next, employers will categorize employees by pay bands. The 12 pay bands added to the EEO-1 form are:
- (1) $19,239 and under;
(2) $19,240 – $24,439;
(3) $24,440 – $30,679;
(4) $30,680 – $38,999;
(5) $39,000 – $49,919;
(6) $49,920 – $62,919;
(7) $62,920 – $80,079;
(8) $80,080 – $101,919;
(9) $101,920 – $128,959;
(10) $128,960 – $163,799;
(11) $163,800 – $207,999; and
(12) $208,000 and over.
- (1) $19,239 and under;
- Employers will tally the number of employees in each pay band by sex, and ethnicity or race. For example, an employer might report 23 Sales Workers who are non-Hispanic, white women in pay band (4) $30,680 – $38,999.
- The rule changes the “workforce snapshot” to a pay period between Oct. 1 and Dec. 31. The current snapshot period is July 1 through Sept. 30. The EEO-1 report due March 31, 2018 will be the first to use the Oct. 1 through Dec. 31 snapshot period.
- Report income provided in Box 1 of Form W-2.
- Employers will report the total number of hours worked that year by the employees in each pay band. For example, an employer reports the total number of hours worked by 23 Sales Workers who are non-Hispanic white women in pay band (4). (Note: The new EEO-1 gives employers a choice for how to count hours worked for employees who are exempt employees under the FLSA. An employer may either use 40 hours per week for full-time employees and 20 hours per week for part-time employees or, if it chooses, report the number of hours the employees actually worked.)
- Under no circumstances should employers report individual pay or salaries or any personally identifiable information.
The EEOC says the new data will help it improve investigations into pay discrimination. The goal is to close the wage gap and better equalize pay among different age, gender and ethnic/racial groups.
See the original article Here.
Source:
Schappel, C. (2016 September 30). New EEOC pay reporting rule issued: 3 things you need to know. [Web blog post]. Retrieved from address https://www.hrmorning.com/eeoc-new-pay-reporting-rule-need-to-know/
The demand for data transparency is mounting
Interesting thoughts on transparency data from Employee Benefit Adviser, by Suzy K. Johnson
December 2003 was a great time for health plans in America. This was when high deductible health plans and the underlying health savings accounts were enacted into law by the federal government.
With this law, we were provided the ability to engage employees more directly in the cost of their care with the elimination of copays and Rx cards under these plans.
What many brokers don’t realize is that the law allows anyone to fund the underlying health savings accounts. This means that employers can and should be shown how to use the savings in premiums created by moving to these types of plans to “fund” employees’ health savings accounts. This can result in a win/win for all.
When employers fund the employee’s HSA, they provide the employee the ability to direct additional money into a flex spending type of plan (HSA) that has much higher limits for funding, and allows the same expenses to be reimbursed along with long-term care premiums, COBRA premiums and Medicare Part B expenses. These accounts don’t have the “use it lose it” risk that flex medical reimbursement plans have always included.
A top priority
Now what we need is transparency data from the hospitals and providers. It is my belief that if every American was required to have a high deductible health plan paired with a health savings account only, the demand for transparency data would be palpable and the pressure forced on providers and hospitals to comply would amplify.
Right now the transparency data is not available and this needs to change. If the only plans employers could offer were HDHP plans with HSA accounts and if employers provided funding to help their employees to be able to afford the additional exposure shifted to them, the demand for transparency data would suddenly become top priority and the government would demand it of providers.
Yes, they are more complicated to understand, and yes, the programs require more employee education and hand holding. Nothing good happens when we sit on the sidelines. Let’s commit to becoming part of the solution!
See the original article Here.
Source:
Johnson, S. K. (2016 October 4). The demand for data transparency is mounting. [Web blog post]. Retrieved from address https://www.employeebenefitadviser.com/opinion/the-demand-for-data-transparency-is-mounting
The millennial marketing tactic your competitors aren’t using
Some helpful tips for marketing with Snapchat from Employee Benefit Adviser, by Eric Silverman
“Hey cuz, do you Snap?” That’s the question my millennial client asked me a couple of years ago via text message. My response was probably not very different from yours would have been at that time and probably is still: ‘Isn’t Snapchat just for teens sending each other questionable videos?’
Similar things were initially said about text messaging, YouTube, Facebook, Instagram and Twitter. Most social media experts have said that Facebook is so full of baby boomers and Generation X that millennials aren’t using it nearly as much as they used to. Recent reports have even shown that the same thing is now happening with Twitter.
If the natural progression for millennials and Generation Z is to quickly migrate to whatever the newest cutting-edge social platform is when prior generations finally catch on, then why wouldn’t you want to market on a platform that currently consists of a younger demographic? After all, recent history has proven that the migration from one generation to another on new social platforms happens fairly quickly. With that in mind, I’m convinced that Snapchat will evolve to Generation X and even baby boomers at some point in the near future.
If we’re going to help boost your enrollment participation and millennial recruiting, then we must talk ‘geofilters.’ What’s that, you ask? With your smartphone’s location services and filters enabled, a geofilter is a fun and engaging way for a Snapchat user to share where they are, or what they’re up to, by simply swiping left or right on their device and adding what’s known as an ‘overlay’ to their Snapchat message.
These geofilters appear at thousands of places around the world. For instance, while I’m at the ballpark, I can swipe and see a geofilter that adds a fun Oriole Park at Camden Yards overlay to show my Snap followers that I’m at the game. Or, if I keep swiping, I can see overlays from the various cities in Baltimore near the stadium, or even a sponsored overlay from Starbucks reminding me that it’s the first day of fall.
The key with geofilters is that Snapchat won’t let you design them as true “advertising” with any call to action buttons or messages, so you’ve got to be creative. Overlays should be fun and engaging and make users desire your product or service. For example, the Starbucks overlay is very simple, clean and non-intrusive, and on a chilly autumn evening, makes me crave a piping hot cup of pumpkin spiced coffee.
Pro tip: If you’re not the creative type, consider hiring a social media designer to make your geofilter and overlay for you. It’s not hard to find creative freelancers to help you for about $10-$20 dollars per project.
Translating geofilters into higher enrollment engagement and participation
Let’s say you have a 500-employee enrollment where most of the employees are in the same location throughout the day. You can design a simple Snapchat geofilter that covers the geographic square footage of the company’s building for a set timeframe during your enrollment. Don’t worry; Snapchat geofilters are very affordable ways to market right now. The last time I checked, you could cover nearly 200,000 square feet for about 10 hours for less than $40 dollars.
Imagine how useful this could be to boost your enrollment engagement if you knew the demographic of your client happened to be heavily dominated by millennials, who are more likely to be using Snapchat these days than any other social platform. Be creative and make your Geofilter something they want to use and you could ‘go viral’ (that’s a good thing) at your enrollment. Worse case, even if your target audience doesn’t use your filter, it was a small investment to serve as an on-demand reminder that it’s open enrollment time for your client and all of their employees.
Translating geofilters into new recruits
Similar to the enrollment example used earlier — but let’s change the enrollment location to a college internship and career fair — talk about the right demographic to implement Snapchat geofilters. I’ve personally participated in hundreds of internship and career fairs to recruit college kids, and I can assure you that students are never lined up in droves to speak with me or any other insurance company at the fair. Let’s face it, just as I wrote in my June 3, 2015 article, internships and careers in insurance just aren’t very sexy, and if you’re like me, you never dreamed of working in insurance any more than your peers did or these students do now.
Snapchat to the rescue. Here, you have hundreds or even thousands of millennials who will likely be using Snapchat geofilters all day long with their friends. Creating a unique and fun geofilter for your benefits company is an excellent use of your firm’s investment dollars that when done properly, will generate a tremendous ROI in the form of higher engagement levels at your booth. Once they’re at your booth, that’s your problem!
The use of Snapchat to engage and recruit millennials not only shows that you and your company are with the times, but moreover, it makes you more attractive to them as opposed to the non-appealing and boring insurance company that they already perceive and stereotype you as.
Pro tip: Try blanketing a college campus or in the least, near the college dorms, with your custom-made geofilter and overlay. I recommend it at the very beginning of a semester for a couple of set days and times and then again at the end of a semester. I can tell you from years of college recruiting that college kids are typically looking for internships when the semester starts and always looking for internships, and definitely career opportunities, when the semester ends, since they usually have no idea what they’re doing next.
My goal was never to educate you on everything there is to know about Snapchat — heck, we didn’t even discuss creating your own Snapchat ‘Lenses’ that morph your face into various crazy and wacky shapes. Bottom line: Plan your marketing well in advance of your next enrollment and career fair, strategically implement Snapchat with a heavy dose of creativity, and you’ll be watching your profitability soar. Happy Snapping!
Have a question or comment about Snapchat or adding Snapchat to your benefits business? Contact me directly using any of the boring old communication methods you’re accustomed to or why not just Snap me? Snapchat user name: “dsdaddio.” (My Gen-Z daughter helped me pick it and Snapchat doesn’t allow user names to be changed.)
See the original article Here.
Source:
Silverman, E. (2016 October 3). The millennial marketing tactic your competitors aren't using. [Web blog post]. Retrieved from address https://www.employeebenefitadviser.com/opinion/the-millennial-marketing-tactic-your-competitors-arent-using
5 Steps that can bring you closer to ACA compliance
Vic Saliterman shares 5 steps to help advisers and organizations focus on ACA compliance efforts as the heathcare market system continues to morph.
Original Article Posted on EmployeBenefitAdviser.com
Posted: September 27, 2016
1) Validate the ACA status of employees every month. Identifying who is eligible to be offered coverage under ACA rules is a core ingredient of attaining compliance and can be challenging and complex. In the 2016 plan year, the number of full-time employees who must be offered healthcare coverage increased to 95% from 70% in 2015 — a much higher threshold. Validating each month is far easier and far less stressful than doing so all at once at the end of the year.
a. Categorizing your employees incorrectly can lead to negative consequences such as unanticipated penalties. Keep in mind that any Employer Shared Responsibility assessments are determined independently for each month, even though reporting and IRS notices will be annual. So you should assess monthly to make sure you’re hitting the 95% mark. It also pays to know the difference between “HR full-time” and “ACA full-time” definitions.
2) Gather the correct data now — especially benefits data. According to an ADP study, many organizations have said that it was extremely challenging to gather benefits and payroll data for the annual reporting task of completing Forms 1094-C/1095-C for 2015. HR and finance leaders underestimated the time and effort needed to obtain the correct data from the necessary systems, such as benefits, payroll, time and labor management, and HR. In addition, source data may have resided in non-integrated systems or was inconsistent with ACA definitions, resulting in a time-consuming task of analyzing and adjusting it manually. Employers anticipate that the accuracy of forms, annual reporting, and affordability measures will be their top ACA challenges in 2016. So, begin to gather the correct employee data now.
3) Address Marketplace Notices sooner rather than later. Receiving a Marketplace Notice is like an early warning system. It can alert you that there may be a problem before a fine occurs. Understanding the implications of receiving a notice can help you prepare to manage the situation in the most efficient and cost-effective way possible. Acting now may save your business the expense of penalties later.
a. A Marketplace Notice is generated by an individual state’s Marketplace or the U.S. Department of Health and Human Services whenever an employee receives a premium tax credit to help them pay for healthcare coverage from state or federal marketplaces. The notice gives the employer a chance to appeal the premium tax credit eligibility if they did offer the employee affordable healthcare coverage.
b. An ADP study found that among large employers, those with 1,000 or more employees, 23% said that “responding to Exchange Notices” is their top ACA compliance concern for 2016. For large employers handling compliance on their own, the percentage rose to 27%. One thing to keep in mind is that the notice will be sent to the address provided by the employee, which means it may not go where you expect. So, it may be important to educate and alert local work locations that may receive these notices.
c. In fact, receiving a Marketplace Notice for an employee is an opportunity to look at the coverage offered and verify that your business complies. If appropriate coverage is not being offered, the notice gives you time to make an offer and potentially limit any penalty that may be assessed by the IRS.
4) Pay attention to the “little” things. Did you know that there were nearly 170 IRS error codes for 2015 that could have applied to Form 1094-C/1095-C transmissions? Some errors were technical in nature (format, schema, etc.) whereas others were based on data provided. The point is simple mistakes can lead to rejected IRS forms or accuracy penalties.
a. Many of these errors were the result of inaccurate Social Security numbers, Tax Identification Numbers (TINs), Federal Employer Identification Numbers (FEINs) and, believe it or not, incorrectly listing a company’s legal name. It may help to become familiar with the TIN solicitation rules. In 2015 reporting, the IRS said it will not impose penalties on a filer for reporting incorrect or incomplete information if the filer can show that he or she made a good-faith effort to comply with the information reporting requirements for 2015. But that won’t be the case moving forward.
b. And there are other potential penalties. At some point — likely December 2016 or early 2017 for 2015 filings — you may receive an Employer Shared Responsibility assessment notice from the IRS. The only way you can avoid paying those penalty assessments is by showing the IRS that you, in fact, complied. You’ll need to be able to show who was a full-time employee for each month, who was offered coverage, and whether that coverage met affordability standards. Make sure that several years of employee data is available because you may need that employee history to respond to an IRS inquiry.
5) Look ahead. ACA compliance will continue to be an evolving activity as laws and requirements change. For instance, annual reporting and Form 1095-C will have some new codes, such as “plan start month” (optional for 2015 and 2016) and two new Line 14 codes to identify conditional offers to spouses. Most 2015 transition relief codes will remain for any 2015 plan-year months in 2016. And that’s not all. The IRS also has issued a proposed rule on expatriates and expatriate plans. Begin to familiarize yourself with these planned and proposed changes today, so your overall compliance process becomes more routine.
Managing the requirements of the ACA as a part of day-to-day HR and finance activities doesn’t have to be overwhelming, but you do need to get started.
By engaging a knowledgeable, trusted partner and applying a little diligence and forethought, adhering to ACA rules can begin to integrate into your ongoing operating model.
See the Original Article Here.
Source:
Saliterman, V. (2016, September 27). 5 steps that can bring you closer to ACA compliance [Web log post]. Retrieved from https://www.employeebenefitadviser.com/opinion/5-steps-that-can-bring-you-closer-to-aca-compliance
Congress moves to push back effective date of new OT rules
Interesting article from HRMorning.com, by Tim Gould. It states that the effective date for new overtime rules could be pushed back from December 2017 to June 2017. This is significant for employers and employees alike, as they might be able to wait essentially another year for the law to pass. It will be beneficial for employers for the law to go into effect in June rather than December.
The efforts to push back the deadline for the new OT rules gained some more momentum this week, as Congress moved to enact a new law to extend the effective date to early next summer.
The House of Representatives passed the Regulatory Relief for Small Businesses, Schools and Nonprofits Act (H.R. 6094) on Sept. 27. The law would move the effective date of the new OT rules from Dec. 1 to June 1, 2017.
A similar measure was introduced in the Senate by Sen. James Lankford (R-OK).
Lankford and Rep. Tim Walberg (R-MI), lead sponsor of the House bill, are hoping the legislation will encourage the administration to delay the rule on its own, according to TheHill.com.
The legislative moves come on the heels of two lawsuits filed earlier in the week.
Twenty-one states joined in a federal lawsuit that charges the Obama administration with overstepping its authority in rewriting the rules, which raise the overtime salary threshold from $23, 600 to $47,500 per year. The suit claims the change will place an undue burden on state budgets.
Just hours after the states’ suit was filed, a similar suit was filed by the U.S. Chamber of Commerce and other business groups. Both lawsuits were filed in the U.S. District Court for the Eastern District of Texas.
There’s no telling what might happen in the two Texas cases, but it’s highly unlikely the Congressional proposal will pass. President Obama has promised to veto the legislation.
See the original article Here.
Source:
Gould, T. (2016 September 30) Congress moves to push back effective date of new OT rules. [Web blog post]. Retrieved from address https://www.hrmorning.com/congress-moves-to-push-back-effective-date-of-new-ot-rules/
How to Hire Accountable People
Here's a good read from The Society for Human Resource Management by Bruce Weinstein
Accountable employees keep their promises, consider the consequences of their actions, take responsibility for their mistakes, and make amends for those mistakes.
The following questions may help you discern a job candidate’s level of accountability.
Describe a situation in which you took responsibility for a mistake you made. What were the consequences to you for doing so?
Brad, a mailroom worker at a large pharmaceutical company, threatened a coworker. He initially denied what he had done but eventually admitted it and added that he hadn’t intended to follow through with the threat. Geri was the HR director at the company. She believed in Brad and rebuffed efforts to have him fired.
Brad agreed to take an anger management course and went on to become Employee of the Month. In Geri’s telling of the story, Brad’s hardscrabble background made owning up to his mistake especially challenging. But he did it, and that’s why Brad is one of the Good Ones—high-character employees who consistently deliver superior results.
For doing right by an employee, Geri is a Good One too!
Have you ever taken responsibility for a mistake that a member of your team made?
One of the people I interviewed forThe Good Ones: Ten Crucial Qualities of High-Character Employees, told me that his boss Harvey took the heat for a mistake that a direct report had made that cost the company a lot of money and aggravation. The magnitude of the problem was so severe that Harvey submitted his resignation to his own boss, Suresh, but Suresh wouldn’t accept it. In fact, he promoted Harvey for doing something that not enough managers do: accept responsibility for something that occurred on their watch.
Walk me through a typical working day.
Asking a job applicant to provide details of a working day is an attempt to discover the person’s work/life balance. The point is to get the applicant’s assessment of how work fits in with his or her life. People with a strong work ethic are accountable people, because they keep their promises to their employers to do their jobs well. They’re neither lazy people nor workaholics.
“But this question is too personal to ask, even if it’s legal to do so,” one might object. Yes, it’s personal, but in an entirely appropriate way. The interviewer is trying to get a fuller sense of the person before him or her. What role does work play in the job candidate’s life? How much does he or she value having a rich and varied personal life? Asking about the candidate’s sex life or religious views are out of bounds; inquiring about work/life balance is not.
This is the second in a series of blog posts on how to hire high-character people. The first one was How to Hire Honest People. Next time, we’ll look at what it means to be a caring person and how to evaluate this quality in job applicants.
See the original article Here.
Source:
Weinstein, B. (2016 September 23). How to hire accountable people. [Web blog post]. Retrieved from address https://blog.shrm.org/blog/how-to-hire-accountable-people
Employee Recognition: Picking Up the Pieces
Here's an interesting article from The Society for Human Resource Management (SHRM) by David Kovacovich
As I enter my tenth year in the Human Capital Management space, I figured it would be beneficial to my readers to reflect on how our industry has (and has not) evolved over the last decade's time.
* The following scenarios are built on real life business engagements. The names have been changed to protect the innocent.
Case Study #1: A Story of Manipulation
Employee A (Let's call him Carl) had worked for Company X (let's call it Pied Piper) for a calendar year. After 3 failed endeavors at Bay Area start ups, Carl was looking for something more stable. He had a single motivating factor: MONEY!
Work at a Large Corporate Technology firm was different than the start-up world: Bureaucracy was thick, rule structure was more intense and cashing out was trumped by climbing the ladder. So how could he climb the ladder?
Achieving sales results did not come as easily in an Enterprise role at a large company and Carl struggled in this first year. The results weren't there so he needed another tool to help get him promoted. Then it hit him like a lightening bolt..... his company had announced the end of the annual performance review process to be replaced with a high touch performance management system (even large corporations cannot refute common sense). The performance management process was positioned as a pro-active measure to build the internal talent pool.
Carl's bargaining chip? Employee Recognition would be leveraged as part of the Performance Management system. Carl's job was simple, he sent an email to roughly 100 colleagues asking them to participate in an experiment (he even went-so-far as to title his email "An Experiment In Human Compassion"). Carl asked each of his colleagues to send him a recognition through their peer to peer system. He offered to return the gesture. Carl was a fun guy at happy hour so getting his peers to buy-in was no problem. Within a week, Carl shot to the top of Recognition Leaderboard. This flagged him as an 'up and comer' in the system and garnered him an opportunity to apply for a Management position.
Carl was promoted to Management, 8 employees left under his reign and he was fired less than a year later.
The company lost great performers and the recognition program was tarnished.
What's worse? The company was sued by an employee who was passed over for promotion sighting leadership development as a popularity contest. (Carl's "Human Compassion" email was submitted into evidence).
Lesson Learned: Using Recognition as a Performance Lever is Dangerous Business!
Case Study #2: A Shattered Cookie Cutter
The message was simple, "we need to cut costs so any programs that are not mission-critical are to be discontinued". The CEO was very clear in her directives so the formal recognition program was removed. This program had operated with over 90% adoption for nearly 10 years (CRM adoption hovered at about 38%).
With the program removed a caveat was dangled. Keeping our employees engaged is job one so we are reconstructing programs that will streamline appreciation:
1. Employees would go to dinner with their supervisor if they qualified as a top quarterly achiever.
2. Employees who hit a tenure milestone would receive a letter from the CEO and a gift card.
When Employee A (let's call her Nancy) hit her 20 year anniversary with the company, she received a form letter from the CEO and a $250 gift card. She tested the signature on the letter but it did not smudge. Then she pulled out her i-phone to use the calculator.
$1.73 a month. That's what her contribution to the organization was worth.
She flipped over the form letter, wrote two words on the back, grabbed a picture of her kids from her desk and headed out the door.....
I QUIT
Lesson Learned: No Recognition is Better than Thoughtless Recognition!
Case Study #3: Leadership Jumps on the Manipulation Train
The VP of HR sent out the annual employee survey at the tail end of the 7 paragraph diatribe. The message offered a proverbial laundry list of all of the "perks and benefits" of working at Company X. Benefits packages, non-guaranteed pay increases, company functions and education aid were all mentioned as the things that made Company X a "Great Place to Work". Mr. HR Guy included a mention of half day Fridays during the summer months if the company hit their revenue goal.
Filling out the survey was mandatory. Managers received bonuses for "5" rating across the board and were regulated for examination if any of their team dipped below last year's survey results.
The survey structure was based on the following:
1. Make the Great Place to Work list and Senior Managers receive a bonus.
2. Managers who average a "5" receive a bonus.
3. Managers whose average scores wavered were consulted by HR as to what to do to ensure employees "no longer seemed discontent".
The leader of the Human Engagement process allowed his greed to override a prime opportunity to receive feedback from the trenches. He did not receive his bonus.
Managers were subjected to adversarial relationships with employees: meeting with each of them to guess who used what comment to berate them while urging employees to keep their comments in-house.
The results of the survey were skewed. Employees who wished to stay in their managers good graces "marked 5 to survive". Those who saw through the hypocrisy of the exercise gave lower scores than they otherwise would have to mock Leadership's misunderstanding of workforce engagement!
Lesson Learned: Surveys Are an Opportunity to Identify Areas of Improvement not a Meter for Compensation!
The Recognition industry was built by fulfillment houses whose strengths lie in purchasing & distribution. Times have caught up with them. It's 2016 and systems of feedback and leadership development are far more important to today's employee than a logo-ed lamp.
Surprises:
1. Companies are still investing heavy dollars in catalog-driven Service Anniversary programs (because employees still like them).
2. Performance Management has not replaced Employee Recognition.
3. Social Recognition has proven effective for a limited time if there is not a reward within the process of participating.
4. Results compensation programs are up to 100x more-invested than Recognition programs in the majority of companies.
Opportunity:
1. Diversify budgets to create more high touch, immediate recognition opportunity
- I've beat this horse to death since 2006 and I'm not giving up.
2. Make recognition initiatives performance based.
- It's incredibly simple to program technology to reward mission critical behaviors instead of off-the-shelf catch phrases.
3. Use Social Recognition to attract employees to a platform that offers a variety of performance-based programs.
- Consolidation enhances engagement and saves significant dollars.
4. Replace revenue improvement incentives with behavior-based development programs.
- Compensating the bottom line is easy to measure and easier to manipulate. Creating programs that promote responsible behavior geared toward relationship development will strengthen long-term organizational stability and improve revenue.
I believe the Human Capital Management industry (or whatever you want to call it) has the greatest opportunity for growth of any:
- Human Resource professionals need to continue a Change Management focus.
- Vendors should shift from reward fulfillment to active behavior change consulting.
Don't Forget to Remember!
Dave
See the original article Here.
Source:
Kovacovich, D. (2016 September 27). Employee recognition: picking up the pieces. [Web blog post]. Retrieved from address https://blog.shrm.org/blog/employee-recognition-picking-up-the-pieces
What You Need To Know About The EEOC’s Updated Guidelines For Retaliation
Interesting article on EEOC guideline updates from, Employee Benefit Adviser by Bobbi Kloss
Did you know that under the U. S. Equal Employment Opportunity Commission, an employee who believes that they have been retaliated against by an employer for complaining against unlawful discrimination in the workplace can file a complaint with the EEOC under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act, Section 501 of the Rehabilitation Act, the Equal Pay Act (EPA), and/or Title II of the Genetic Information Nondiscrimination Act. It is worth noting, this is not an either or situation, meaning, an employee’s claim can cross over the various discrimination laws.
Employers with at least 15 employees — or 20 employees in age discrimination cases, including labor unions and employment agencies — are covered by EEOC laws. The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. A very important point to keep in mind: it’s illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
The EEOC laws apply to all types of work-related actions, including hiring, firing, promotions, harassment, training, wages and benefits. To put it all in perspective — and show just how large and widespread this issue is — here are some sobering statistics: charges of retaliation filed with the EEOC accounted for 44.5% of alleged basis of discrimination in FY2015 with more than 39,700 allegations filed and with monetary benefits awarded in the amount of $173.5 million (not including those paid through litigation), according to an EEOC report on litigation statistics: Retaliation-Based Charges FY 1997 - FY 2015. Compare today’s numbers to 1997, when 18,198 allegations were filed and $41.7 million in benefits were awarded. Retaliation complaints continue to be the most frequent form of alleged discrimination filed with the EEOC since 2009.
Final enforcement guidance
It is no wonder then that at the end of August the EEOC issued its final enforcement guidance on retaliation and related issues replacing its 1998 Compliance manual section on retaliation. The update also provides guidance for the “interference” (prohibiting coercion, threats or other acts that interference with exercise of rights) provision under the ADA.
The various topics explained in the new guidance include:
- The scope of employee activity protected by the law;
- Legal analysis to be used to determine if evidence supports a claim of retaliation;
- Remedies available for retaliation;
- Rules against interference with the exercise of rights under the ADA;
- Detailed examples of employer actions that may constitute retaliation.
The EEOC also released The Small Business Fact Sheet: Retaliation and Related Issues and a set of FAQs, Questions and Answers: Enforcement Guidance on Retaliation and Related Issues for clarification on main topic points for employers.
As a trusted benefit adviser, why should you be concerned about this update in the EEOC Compliance Manual? This is another opportunity to be in front of your clients and help guide them with their employment practices. Good business practices help attract and retain employees during these competitive times. Creating a culture free from employment discrimination can also create a motivated, stress free workforce leading to reduced benefit claims, reduced absenteeism, and turnover, which can allow for business growth.
What can your employers do now to ensure that their organization is proactively compliant with EEOC laws?
1) Make sure the Employee Handbook contains their EEOC policy statement and includes a process for an employee to file allegations of a complaint of workplace discrimination.
2) Train employees and supervisors on lawful and unlawful employment practices, including retaliatory behavior.
3) Take all complaints of discrimination seriously and ensure that a prompt and thorough investigation is conducted.
Employers should also make sure that their performance management process is documented and non-discriminately administered. If an employer needs to take corrective performance action — up to and including termination of employment — against any employee who has filed a complaint of discrimination, it is advised that they seek guidance from their Employment Law attorney before taking any action.
Lastly, discrimination in the workplace can be avoided by having a culture that promotes diversity, making employment decisions based upon performance, and maintains professionalism in all forms of communication.
See the original article Here.
Source:
Kloss, B. (2016 September 22). What you need to know about the EEOC's updated guidelines for retaliation. [Web blog post]. Retrieved from address: https://www.employeebenefitadviser.com/opinion/what-you-need-to-know-about-the-eeocs-updated-guidelines-for-retaliation