Employee Communications When Emotions Run High: Five Steps to a Successful Message
Check out this great read from The Society of Human Resources (SHRM), by SHRM Staff
Ultimately, leaders must understand their organization’s culture to determine the most appropriate employee message, or whether a message is necessary at all. In the case of the election results, however, we cannot deny that a change has occurred and for some employees that change was not what they were expecting.
As with any major change an organization and its people go through, it’s important for leadership to create an environment where open, transparent and constructive dialogue is encouraged within the workplace. Pretending like nothing has happened or that people aren’t feeling directly affected does a disservice to your people and ultimately your organization. Here are 5 ways to communicate with your employees when emotions run high.
1. Reinforce your Company Values
When crafting a message to employees, you will find the most success if you use this as an opportunity to reinforce the values of your company. One of our values at SHRM is, “Our People Matter” and so, for us, it’s important that our employees feel supported and heard. Acknowledging their feelings will go a long way in establishing trust in the organization.
2. Double Down on Benefits
Employers can also use this as an opportunity to highlight some of the company’s benefits offerings. Direct employees to their company Employee Assistance Program for resources that might be available to them. Many EAP programs offer stress management and personal wellness tools that employees can take advantage of during this time.
3. Offer Support
There are a range of activities – some of which can be tied to a wellness campaign – that an organization can do to assist employees:
- Bring in a massage therapist and offer de-stressing hand and foot massages to help employees unwind
- Bring in a yoga instructor or offer meditation resources
- Offer donuts or other snacks and create safe space zones around the workplace where employees can congregate and have discussions.
4. Open Lines of Communication
If a company does send a message to employees, it is important to reinforce the importance of person-to-person communication. At a time when tensions are high, internal social media platforms may not be the best place for employee dialogue.
5. Manage with Empathy
Most important, it is crucial that people managers recognize the signs of stress in their employees and approach them with compassion and empathy in the coming days and weeks. We do not always know what people are going through or dealing with outside of the office. Supervisors should work with their HR department to know what resources are available for employees, but they should also just be there as a supportive listener.
Finally, whether post-election communication comes from HR, executive leadership, a communications department – or if ultimately the decision is made not to send any message at all – this is a good time to take a closer look at your employee culture, reinforce your values, highlight your benefits and wellness offerings and show employees that they are supported, valued and heard. In the end, the most important lesson, and perhaps what your employees will value the most, is simply showing that you care.
See the original article Here.
Source:
SHRM Staff (2016 November 12). Employee communications when emotions run high: five steps to a successful message[Web blog post]. Retrieved from address https://blog.shrm.org/blog/employee-communications-when-emotions-run-high-five-steps-to-a-successful-m
6 new solutions for benefits brokers and HR managers
Benefits brokers and HR benefits managers, you’re stressed, and for good reason.
So maybe you didn’t catch these new or redesigned HR and benefits-oriented products or announcements recently. Here they are, just in time for open enrollment.
#1: Help with open enrollment
Open enrollment can be confusing for employees, many of whom can't even define what "deductible" means. (It's true -- someone, somewhere, has studied this and counted the number of people who don't understand the concept.) PlanSource, a provider of cloud-based benefits and human capital management software, has created what it calls "an Open Enrollment Communications Kit" to help with this challenging time.
The kit is for brokers, human resources teams, and benefits professionals who need to communicate benefits information to employees.It includes examples of daily emails and text messages, customizable posters, flyers and postcards in a variety of themes, educational videos and messaging templates.
A sample timeline can help with marketing a communications campaign from beginning to end of open enrollment. The kit can be seen in a webinar you sign up for. Access it at the PlanSource website.
#2: Managing the hiring, onboarding, and benefits process
Isn't it gratifying when computers can actually take on duties you find tedious? Unless you find the onboarding and data entry process extremely interesting and life-affirming, of course. Software from Flock helps manage HR, benefits, and compliance, and now it's adding an applicant tracking system from Greenhouse for hiring, onboarding, and managing employees.
The partnership will let HR import candidate information into Flock, with the goal of streamlining the hiring and onboarding process. The HR platform is available for small to midsize businesses and insurance brokers can subsidize or sponsor the benefits administration module. Learn more at the Flock website.
#3: 5 ACA plans to be offered to Arizona residents
Okay, technically it's not a solution. Still, someone you know might want to know that five different Affordable Care Act plans will be available during open enrollment from Blue Cross Blue Shield of Arizona (BCBSAZ).
The five include EverydayHealth, Portfolio and SimpleHealth. Members who enroll in the plans use their primary care provider to coordinate their care. The ACA plans will be offered in 14 of Arizona's 15 counties, and, as you know, open enrollment runs from November 1, 2016 through January 31, 2017.
To help find the right plan, Blue Cross Blue Shield is pointing Arizonans toward their local broker or to Cover Arizona.
#4: Online benefits administration
This is the year of partnering in the benefits industry. Employee benefits, HR and payroll provider BenefitMall is partnering with EaseCentral to offer additional online benefits administration.
The goal is to help with completing enrollments in a timely way. Brokers will now be able to choose between EaseCentral's all-in-one software solution and BenefitMall's online benefits administration system, EmployerFocus. Learn more at the BenefitMallwebsite.
#5: New option to enroll employees in voluntary benefits
Did we mention partnering? Yes? Transamerica is partnering with Maxwell Health to expand enrollment options for key employee benefits.
The partnership will enable Transamerica to offer help to employers in streamlining enrollment, administration, reporting, communication, and engagement processes, while allowing benefit advisors to browse, compare and quote benefits in an intuitive way. To learn more, see the Transamerica website or call 866-872-6726.
#6: New ACA compliance and reporting solutions
Affordable Care Act reporting is pretty darn fun. Still, there's probably something else you'd rather be doing, like going to the dentist for a root canal. This newly designed product from SyncStream Solutions offers both Affordable Care Act compliance and reporting.
The new solutions were designed to meet compliance requirements through a guided workflow that marries employer data with ACA analytics to achieve ACA compliance and provide the assurance of auditability.
SyncStream's product offers employee tracking and ACA full-time status determination, generates the proper forms to meet IRS requirements, populates IRS indicator codes based on business logic, and normalizes employer data into ACA-compliant language, among other features. For more information, visit the SyncStream Solutions website.
See the original article Here.
Source:
Marwitz, C. (2016 October 24). 6 new solutions for benefits brokers and HR managers. [Web blog post]. Retrieved from address https://www.benefitspro.com/2016/10/24/6-new-solutions-for-benefits-brokers-and-hr-manage?kw=6+new+solutions+for+benefits+brokers+and+HR+managers&et=editorial&bu=BenefitsPRO&cn=20161025&src=EMC-Email_editorial&pt=Daily&page_all=1
Current Form I-9 Valid Until Jan. 21, 2017
Original Article From SHRM.org
By: Roy Maurer
The newest version of the Form I-9 will be made available by Nov. 22, 2016, U.S. Citizenship and Immigration Services (USCIS) announced.
Employers may continue using the current version of Form I-9 with a revision date of 03/08/2013 until Jan. 21, 2017. After Jan. 21, all previous versions of the Form I-9 will be invalid.
The White House Office of Management and Budget approved the latest revisions to the Form I-9 on Aug. 25, 2016, clearing the way for the form to be released.
"Ever since the current version of the I-9 expired on March 31, 2016, employers have been anxiously awaiting the release of the new form, which will now include some 'smart' error-checking features," said John Fay, vice president and general counsel at LawLogix, a Phoenix-based software company specializing in cloud-based immigration and compliance services. "The newly revised I-9 also features several new structural changes and instructions which will be important for all employers to know and learn."
The new Form I-9 will have an expiration date of Aug. 31, 2019.
Fay said that the Jan. 21 extension to transfer to the new form is "great news for employers, many of whom struggle to stay up-to-date with the latest I-9 changes and requirements."
In 2013, USCIS provided employers with only two months to start using the current version of the form, "hardly enough time for HR to update all of the policy documents, training materials, and procedures which go along with the I-9," Fay said.
Changes to the Form I-9
The new form is designed to address "frequent points of confusion that arise for both employees and employers," Fay said. The proposed changes specifically aim to help employers reduce technical errors for which they may be fined, and include:
- Validations on certain fields to ensure information is entered correctly. The form will validate the correct number of digits for a Social Security number or an expiration date on an identity document, for example.
- Drop-down lists and calendars.
- Embedded instructions for completing each field.
- Buttons that will allow users to access the instructions electronically, print the form and clear the form to start over.
- Additional spaces to enter multiple preparers and translators. If the employee does not use a preparer or translator to assist in completing section 1, he or she must indicate so on a new check box labeled, "I did not use a preparer or translator."
- The requirement that workers provide only other last names used in Section 1, rather than all other names used. This is to avoid possible discrimination issues and to protect the privacy of transgender and other individuals who have changed their first names, Fay said.
- The removal of the requirement that immigrants authorized to work provide both their Form I-94 number and foreign passport information in Section 1.
- A new "Citizenship/Immigration Status" field at the top of section 2.
- A dedicated area to enter additional information that employers are currently required to notate in the margins of the form, such as Temporary Protected Status and Optional Practical Training extensions.
- A quick-response matrix barcode, or QR code, that generates once the form is printed that can be used to streamline enforcement audits.
- Separate instructions from the form. Employers are still required to present the instructions to the employee completing the form, however.
"It's important to remember that this new smart I-9 form is not an electronic I-9 as defined in the regulations," Fay said. "Employers filling out the new form I-9 using Adobe Reader will still need to print the form, obtain handwritten signatures, store in a safe place, monitor reverifications and updates with a calendaring system, and retype information into E-Verify as required."
See the original article here.
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
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
Small businesses wait for verdict on 2017 health care costs
Here's an informative article on healthcare costs, from San Francisco Chronicle (SFGate) by AP Business Writer Joyce M. Rosenberg
NEW YORK (AP) — Autumn is an anxious time for many small and medium-sized business owners as they wait to learn whether their health insurance costs will go up for 2017 — and if so, by how much?
"There's always a lump in your throat because you don't know what you're going to get," says Darren Ambler, a managing director at Insight Performance, a Dedham, Massachusetts-based human resources provider.
Whether a business sees a minuscule rise, a double-digit percentage increase or even a decline depends on factors including the state where the company is located and how much its insurance carrier paid in claims over the past year. If the average age of a company's employees rose or fell significantly — quite possible in a business with 10 or fewer employees — that could also affect the outcome.
Most of the increase in insurers' costs is a result of rising prescription drug prices, Ambler says.
While companies with 50 or more workers are required to offer affordable insurance to them and their dependents, many smaller businesses also do so because they believe it's right or they want to attract and retain good employees. When their carriers hike the premiums, companies have to decide whether to absorb the costs, scale back their coverage or find other alternatives.
Several medium-sized clients of The Megro Benefits Co., a consulting company, are facing 38 percent increases in their 2017 premium costs. Surges like that have owners thinking about what's called self-funding, says Cheryl Kiley, an adviser at Conshohocken, Pennsylvania-based Megro.
In self-funding, a business pays for all or part of employees' medical costs and hires an insurance company to administer its health plan. Companies typically purchase special policies to reimburse them in the event of employees' or dependents' catastrophic illnesses. Insurance companies charge less to administer self-funded plans because they don't have any risk, and employers also save because self-funded plans aren't subject to a 6.5 percent federal tax on premiums.
Although companies may be forced to find alternatives, Megro isn't seeing clients dropping insurance, president Bob Violasays.
"People won't come to work for them unless they have health insurance," he says.
RizePoint, which makes software for the food, lodging and retail industries and has about 75 employees, is paying 16 percent more for premiums on a policy that renewed Sept. 1. It's already considering self-funding for next year.
"It's a little bit risky," says Peter Johnson, a vice president at the Salt Lake City-based company. "But I don't want to see another 16 percent increase — it's nowhere near sustainable."
Johnson had budgeted for a rise of 12 percent. When RizePoint's carrier said premiums were going up more than that, Johnson searched unsuccessfully for a cheaper policy.
Rocky Finseth had the opposite experience. His premiums fell 11 percent although the policy was virtually unchanged from a year ago.
"I was surprised not only about the drop, but how large of a drop," says Finseth, owner of Carrara Nevada, a Las Vegas-based company that does lobbying on state and local issues in Nevada. His policy, which covers seven staffers, renews Oct. 1.
Finseth didn't question why his premiums dropped. He decided to use the savings to add vision coverage for his employees.
Some companies find that their policies have been discontinued.
"The plan we had was mysteriously canceled, and we were slotted into what we were told was the same plan, but when you looked at it, it was a worse plan," says Joseph Nagle, marketing director at EverCharge, a maker of electric vehicle charging stations. Among other things, the new plan had a higher deductible — $6,000 versus $5,000.
EverCharge, based in Emeryville, California, began researching other carriers and plans, chose three and asked its seven employees which they preferred. The company, which previously paid for all its staffers' insurance, gave them an option of continuing to have fully funded coverage, paying about $10 per month for better coverage, or $120 for another. They chose the middle option, and EverCharge was able to keep its health care costs unchanged, Nagle says.
Jason Anderson, owner of Datagame, a Kansas City, Missouri-based maker of software for online market research, hasn't received his renewal package yet. Anderson pays 100 percent of his three staffers' premiums, and 50 percent of their dependents' premiums.
He had a 5 percent increase for his 2016 premiums, an amount he doesn't see as significant. He says he can handle a 10 percent increase, but if he's facing a 20 percent hike, he might have to cut back on coverage for dependents.
"I keep waiting for the shoe to drop," says Anderson, who acknowledges that he'd be angry at an increase in the 20 percent range. "I don't see 10, 20, 30 percent improvements in what I am able to charge my clients," he says.
See the original article Here.
Source:
Rosenberg, J. M. (2016 September 14). Samll businesses wait for verdict on 2017 health care costs. [Web blog post]. Retrieved from address https://www.sfgate.com/news/us/article/Small-businesses-wait-for-verdict-on-2017-health-9222107.php
Majority of workers cannot define copay, deductible
Do your employees understand the healthcare acronyms? Vlad Gyster explains how educating your employees can have a major impact on proper usage of healthcare benefits.
Very soon, thousands of employees across the United States will be choosing their health insurance. That’s scary, because there’s an emerging body of data that shows that most people don’t understand the basics of how health plans work. That knowledge gap may be causing some serious issues: From sick people not going to the doctor, to employees over-paying for health insurance.
If you're like most employers, there's a good chance that you're moving to consumer-driven health plan designs that employ a high deductible. In 2006, only one in 10 employees had a general health insurance deductible of $1,000 or more for single coverage. Today, nearly half do.
As adoption accelerates, benefit professionals find themselves in the midst of a developing crisis: Though HDHPs clearly help cut healthcare costs new research indicates that they do so in the worst way possible. Instead of shopping for better prices, sick people are simply not getting the care they need. As one of the study’s authors puts it: “We [didn't] find any evidence [employees] look for a lower cost. They just don't go."
Here's what’s puzzling: This isn't necessarily happening because of cost. This research is based on an employer that fully funded the deductible. As Vox explains: “In some cases, you could chalk this up to a liquidity issue: A worker might not have enough money in her checking account to pay for all the care below the $3,750 deductible. But that explanation doesn't work here: In this case, the employer put a $3,750 subsidy in workers' health savings accounts.”
So, what could it be? There could be many complex reasons. But there could also be a very simple one: 86% of people cannot define deductible, copay, coinsurance and out-of-pocket maximum. And people can’t properly use what they don’t understand.
A central assumption in consumer-driven plan design is that people can get the same care at a lower price and avoid care that they don’t actually need. To do that, employees need to be educated healthcare consumers, and companies have added tools to help. Utilization modeling and cost transparency technologies are becoming more and more broadly available. But there's a much more foundational piece of the puzzle that's been taken for granted.
In a paper published in Journal of Health Economics, researchers found that 86% of participants couldn’t define all of the following four terms on a multiple choice questionnaire:
· Deductible
· Copay
· Coinsurance
· Out-of-pocket maximum
While the healthcare industry is focused on utilization prediction and cost transparency tools, which are hard to create and implement, something quite basic is slipping right under our noses: Teaching people basic terms that they need to know to make informed decisions.
Understanding these terms is a building block of healthcare consumerism, without which a lot starts to unravel. If an employee doesn’t understand the terms that make-up every health plan design, it's hard to convince an employee to even switch to a high deductible health plan, even when it saves the employee money. It may also cause the employee to avoid care that she needs, because she has trouble predicting what she'll pay.
As more employers adopt HDHPs, a troubling reality is on the horizon: A healthcare crisis may be around the corner due to employees not getting the care that they need.
What to do about it
The good news is that healthcare consumerism isn’t a one-time event. It requires ongoing education and now is as good a time as ever to begin.
Here is something completely free you can do:
· Survey your employees to see what percentage understand basic health plan concepts.
· Send a weekly email to all employees defining each healthcare term, one at a time.
· Re-survey your employees with the exact same questions to measure the change.
This alone will give you a measurable starting point, a way to make progress, and measure the progress made.
See the original article from BenefitNews.com Here.
Source:
Gyster, V. (2016, June 27). Majority of workers cannot define copay, deductible [Web log post]. Retrieved from https://www.benefitnews.com/opinion/majority-of-workers-cannot-define-copay-deductible
Cyberbullies: Worse than Swirlys in the Bathroom Stall?
Insightful post from the Society for Human Resource Management (SHRM) by Jillian Caswell
Technology and an unending stream of social media messages, notifications, and alerts have invaded our personal lives more than ever before – leaving the door wide open for the bullies of yesterday to get off the playground and into the Twittersphere. It’s almost comical to hear of exes who continue to stalk one another on Instagram and we all compare our traditional 9-to-5 careers to the jet setting elite on Snapchat, but have you ever stopped to think how this can impact our work lives? Unfortunately, the reality is the more connected we become, the more insidious bullying, and its close relative harassment, can become. As HR professionals, we have a duty and responsibility to understand not only how technology and social media can hinder business operations such as lost productivity, but also how it creates an environment of opportunity for employees to fall victim to bullying and harassment.
Become Aware and Observant
This goes beyond monitoring your own company’s social media channels! Before you can hope to identify and rectify potential cyberbullying incidents in your workplace, you must first prepare yourself with an understanding of what kinds of harassment and bullying can transpire in the digital realm. If you’re new to social media, there are numerous resources online to get you the crash course you need to become familiar with popular resources such as Facebook, Instagram, Snapchat, and Twitter. Live streaming functionality with outlets such as Periscope and Facebook Live create additional areas of opportunity for workplace bullies to exploit. Knowing how to monitor, identify, and respond swiftly and appropriately to harassment in these mediums is key to building a solid company policy relating expectations for employee interaction with company social media channels as well as harassment policies that are inclusive of online activities, privately or on public channels. There are dozens of masks that the face of cyberbullying can wear, whether it’s an Instagram post poking fun at a specific employee shared with other staff members, a ceaseless spewing of threats on Twitter, or an employee texting explicit content to coworkers. By becoming familiar both with the platforms themselves and the different forms of harassment and bullying that can occur in these environments, you will add another resource to your HR toolkit in navigating potentially sticky employee relations issues.
It may at first feel overwhelming to think of all the different variations of harassment that can play out on the stage of our smart phones and personal devices; however, employers are responsible to ensure they can provide a workplace free of harassment – a bridge that bullying can often rapidly cross over. Cyberbullying is often also more difficult to detect as it can transpire well out of the watchful eyes of the company HR department. In addition to familiarizing yourself with the different social media channels, consider the following suggestions to build a robust defense to cyberbullying:
- Training – For both your HR department and the other staff, it can become quite enlightening to provide trainings on what does and does not constitute harassment. This is also a great opportunity to provide a refresher on company policy relating to bullying and harassment.
- Demonstrate Appropriate Behavior – Take inventory of your own social media use. Are there potentially offensive postings or messages on your personal channels (which we’re sure you’ve already have on a private setting – right?!) or are you yourself aware of (even if not participating in) derogatory commentary circulating online about other staff members?
- Respond Adequately to Violations – Multiple court cases have provided substantial monetary awards to bullied employees who proved their arguments that their employer was aware harassment was occurring. Ensuring appropriate discipline occurs for those violating bullying policies demonstrates company efforts to provide workplaces free of harassment.
What’s Next?
So you’ve brought yourself up to speed with the most popular forms of social media and established a solid company policy with no tolerance for bullying and harassment. Think you’re set? Not always. Social media and technology is evolving and morphing into new formats at the speed of light – meaning that as HR professionals, our organizations rely on us to stay just as current with the latest trends and changes in the digital realm as much as in the office space. Stay current with the changing world of social media and digital communications and you’ll continue to be as effective as you are in all your other HR competencies!
See the original article Here.
Source:
Caswell, J. (2016 September 15). Cyberbullies: worse than swirlys in the bathroom stall? [Web blog post]. Retrieved from address https://blog.shrm.org/blog/cyberbullies-worse-than-swirlys-in-the-bathroom-stall