Compliance Alert: New Affordable Care Act FAQs Released
Original post jdsupra.com
The U.S. Department of Labor, the Department of Health and Human Services, and the Department of the Treasury (collectively, the “Departments”) have jointly issued a new set of answers to frequently asked questions about the Affordable Care Act (the “ACA”). Below are some highlights from the FAQs.
Rescissions of Coverage
The FAQs provides some specific guidance regarding rescissions of coverage that is of interest for K-12 schools and higher education institutions. Under the ACA, a plan generally cannot retroactively cancel coverage (referred to as a “rescission” of coverage) unless the participant commits fraud or makes an intentional misrepresentation of material fact prohibited by the terms of the plan. The FAQs answer a very specific question about rescissions, which may have broader application. The question raised by the FAQs is whether a school can retroactively cancel coverage for a teacher who was employed on a 10-month contract from August 1 to May 31 and gave notice of resignation on July 31. The plan attempted to terminate coverage retroactively to May 31. According to the FAQs, such a rescission violates the ACA’s restrictions.
Preventive Care Mandate
Under the ACA, non-grandfathered group health plans must cover certain preventive services without imposing any cost-sharing requirements. In the new FAQs, the Departments issued the following guidance regarding preventive services:
- Any required preparation for a preventive screening colonoscopy is an integral part of the procedure and must be covered without cost-sharing.
- Plans and issuers that use reasonable medical management techniques for specific methods of contraception can develop a standard exception form and instructions for providers to use in prescribing a particular service or FDA-approved item based on medical necessity. The Medicare Part D Coverage Determination Request Form can be used as a model in developing a standard exception form.
Additionally, the FAQs clarify that if a non-grandfathered plan pays a fixed amount (a “reference price”) for a particular procedure, the plan must either (1) ensure that participants have adequate access to quality providers that accept the reference price as payment in full or (2) count an individual’s out-of-pocket expenses for providers who do not accept the reference price toward the individual’s maximum out-of-pocket limit.
Out-of-Network Emergency Services Coverage
The ACA also prohibitsnon-grandfathered group health plans from imposing cost-sharing on out-of-network emergency services in an amount that is greater than that imposed for in-network emergency services. The statute does not specify whether “balance billing” is included in the definition of cost-sharing. “Balance billing” is the practice of providers billing a patient for the difference between the provider’s billed charges and the amount collected from the plan plus the amount collected from the patient in the form of a copay or coinsurance. To avoid circumvention of the ACA requirements, the Departments previously issued regulations requiring a plan or issuer to pay a reasonable amount before the patient becomes responsible for balance billing. Under this regulation, the plan or issuer must provide benefits at least equal to the greatest of: (1) the median amount negotiated with in-network providers for the emergency service; (2) the amount for the emergency service calculated using the same method the plan generally uses to determine payments for out-of-network services; or (3) the amount that would be paid under Medicare for the emergency service (collectively, the “Minimum Payment Standards”). The FAQs now make clear that plans that are subject to the Employee Retirement Income Security Act must disclose the documentation and data they use to calculate the Minimum Payment Standards (1) upon request by a participant (or authorized representative) or (2) if relevant to an appeal of an adverse benefit determination.
Mental Health Parity
Lastly, the Mental Health Parity and Addiction Equity Act (“MHPAEA”) and underlying regulations generally prohibit group health plans from imposing more restrictions on financial requirements and treatment limitations provided for mental health/substance abuse disorder services than the “predominant” financial requirements and treatment limitations that apply to “substantially all” medical/surgical services. “Substantially all” for this purpose is a requirement or limitations that apply to at least 2/3 of all medical/surgical benefits in a classification. If a limitation meets the substantially all requirement, then the “predominant” level that may apply to the mental health/substance abuse disorder benefits is the one that applies to more than half of the medical/surgical benefits within the classification. In the FAQs, the Departments clarify that when calculating the “substantially all” and “predominant” tests, a plan or issuer may not base its analysis on an issuer’s entire book of business for the year. Group health plan-specific data must be used where available. If not available, data from plans with similar structures and demographics can be used.
The FAQs also clarify that under MHPAEA, criteria for medical necessity determinations must be made available to any current or potential enrollee in a group health plan, not just active participants.
This is the 31st set of FAQs issued by the Departments on the ACA, which reflects the complexity of implementing the ACA’s many requirements.
There’s the Wage Gap, and Then There’s the Sleep Gap
Original post lifehealthpro.com
More than half of men say worrying about money costs them sleep. Nearly 70 percent of women say the same.
That gap increased eight percentage points over the past year, according to a new survey by CreditCards.com. It makes sense, since women really do have more to worry about when it comes to money. Lower earnings means less in savings and Social Security benefits to fund longer lifespans.
"In general, people tend to lose sleep over things that feel out of their control," said Matt Schulz, senior industry analyst for CreditCards.com, part of the Bankrate Online Network. To him, the findings suggest you should "do whatever you can to take more control of your financial situation, whether it's just learning more, being more involved in your family's financial decisions, or starting a side gig."
The survey asked whether saving for retirement, paying for education, paying health-care or insurance bills, making the monthly rent or mortgage, and paying credit card debt were keeping people up at night. The poll, conducted by Princeton Survey Research Associates International, took a nationally representative sample of 1,000 adults.
The biggest fear cutting into a good night’s sleep is not having saved enough for retirement. The gender gap is narrower here than overall — 44 percent of women vs. 35 percent of men. All together, some 56 percent of men are losing sleep over money, compared with the 70 percent finding for women. In 2010, women received $12,000, on average, in Social Security benefits, a third less than a man’s average benefit of $17,856. At age 65 and older, women were 80 percent more likely than men to be impoverished, according to a study by the National Institute on Retirement Security.
Yet you can see worrying about retirement savings as a luxury, in a way, if it means you can meet your monthly bills. That's the most common sleep-stealing worry for people 30 or older with a college degree and an annual household income of $75,000 or more. Heath-care and insurance bills are the second-biggest sleep killer for women. For men, it's educational expenses. Those are a particular worry for millennials; 45 percent of people between ages 18 and 29 rank them as their worst anxiety. Among respondents between 30 and 49, a third said they lose sleep over educational costs. One of them is CreditCards.com's Schulz, who is 44 and has a son headed to college in about a decade. "In five years," he said, "you could see educational expenses being No. 1, or very close to No. 1, when we do this survey again."
How Employers Should Respond to Increased DOL Audits
Original post benefitnews.com
The Department of Labor says it will be stepping up enforcement efforts and employer audits, which should prompt brokers, who formerly worried little about such regulatory efforts, to prepare to serve as a trusted adviser to clients concerned about such efforts, says Julie Hulsey, president and CEO of Amarillo, Texas-based Zynia Business Solutions.
Speaking at an industry conference in Hollywood, Fla. last week, Hulsey said employers are feeling pressured by the weight of increased DOL and health care reform regulations and brokers need to stay up to date on regulations, including those related to the Affordable Care Act and ERISA.
The ACA reporting requirements have brought increased scrutiny of employer-sponsored health care plans and the government is largely expected to respond to anomalies or red flags with an employer audit. But industry experts agree the government won’t limit its inquiries to ACA-related information only, and employers should be prepared for full-blown audits of health care plans.
Quoting from a DOL presentation in Austin, Texas, Hulsey says the Department said, “leniency is over; the EBSA has staffed up and is focusing its resources on health and welfare plan ERISA compliance.”
Additionally, in her small Texas town alone, she says she’s heard that the DOL has added 10-12 auditors, who are conducting random audits of employers, mostly on the smaller employee size.
Increased compliance needs can be a strain for small employers, some of which may not even have a designated Human Resources department or manager.
When a DOL audit is announced, an employer’s first phone call will be their broker or an attorney.
Among the topics that brokers should be aware,
- Variable Employee Testing: Based on employee classifications, an employer can group employees into different groups, such as part-time and seasonal.
- HR 3236-The Transportation and Veteran Health care Choice Improvement Act of 2016: This Act regulates that employees covered by Tricare can be excluded from counting employee numbers.
- Cadillac Tax: Although delayed until 2020, it is important to start planning now.
- Waivers: If employers offer a minimum-essential coverage plan that meets affordable and minimum value test and an employee declines coverage, it is important the employer have a signed waiver. “That waiver is gold,” Hulsey said.
- Individual Mandate: The period will run from Nov. 1, 2016 to Jan. 31, 2016.
- Special Enrollment Period: Presenting a sales opportunity to brokers, these enrollment periods take affect when an employee experiences any change that affects income or household size, such as becoming pregnant. Other special enrollments include marriage/divorce, changing place of residence and having a change in disability.
The DOL has the authority to audit for compliance with several laws, including the ACA, HIPAA and the Mental Health Parity and Addiction Equity Act. They also have the authority to audit for minimum loss ratio rebates and PECORI fees.
Why Do Some Workers Get Away with Bad Behavior?
Original post benefitspro.com
Researchers from Baylor University are seeking to explain why some workers get away with sleazy behavior on the job.
After three studies that included over 1,000 employees, they are convinced they have found an answer: You can get away with breaking the rules or acting less-than-honorably as long as you’re productive. A valuable worker can afford to cross the line occasionally, while those whose performance lags cannot.
It’s an intuitive answer, but one that is no doubt often overlooked by disgruntled employees who wonder why they are being disciplined by their superiors or ostracized by coworkers while others have not.
The study’s lead author, Dr. Matthew J. Quade, a Baylor professor of business, wrote that productive workers who ignore rules or act unethically present a dilemma to employers because of their “contrasting worth.”
“The employees’ unethical behaviors can be harmful, but their high job performance is also quite important to the organization’s success,” he explained in the study, which was published in Personnel Psychology. “In this vein, high job performance may offset unethical behavior enough to where the employee is less likely to be ostracized.”
But that calculus is often flawed, argued Quade. If a worker is regularly engaging in unethical behavior, the employer will likely pay a big price for it down the road. As any observer of the subprime mortgage crisis might say, the short term gains of crooked business are often more than offset by major losses later on.
Unsurprisingly, the study authors concluded that employers should establish that they have no tolerance for unethical behavior from employees, no matter how good they are at their jobs.
Furthermore, they argue, employers should make clear that workers can come to organization leaders with complaints about unethical behavior from colleagues. This point is aimed not only at stopping poor behavior, but to prevent divisions among coworkers.
Another recent study found that employees are more likely to be stressed and unhappy at work when they perceive a lack of “organizational justice,” meaning that rules are not applied consistently or fairly.
The Cadillac Tax: Myths & Facts
Original post benefitspro.com
Americans love a good story. From fairy tales to hair-raising films that leave us cowering in our seats, we enjoy when our hearts pound in anticipation. Sometimes, though, we keep ourselves up at night by creating myths about things that shouldn't be worrisome at all. One example: The Affordable Care Act's 40 percent excise tax on high-cost health care plans, commonly referred to as the Cadillac Tax.
Although we are several years away from its implementation, brokers are wondering what these health care changes will mean for their business. The Cadillac Tax is confusing and prompts questions from employers and benefits professionals — especially about when to make changes to benefits plans and whether voluntary insurance is affected.
Let's take some time to distinguish between the myths and facts so when you communicate with your clients about their plans this year — and in years to come — you have the facts to ensure you’re providing clients with accurate information to make effective business decisions regarding benefit offerings.
Myth: Employers should make benefit changes now to avoid the Cadillac tax.
Fact: The Cadillac tax has been delayed until 2020.
- As part of the Congressional spending bill signed into law in late December 2015, the Cadillac Tax is delayed until 2020.
- Considering implementation of the tax is several years away and regulations will evolve, employers can wait before considering changes to their policies.
Myth: All voluntary benefits are included in the tax.
Fact: Generally, voluntary insurance products do not count toward the Cadillac Tax calculation.
- Only two types of voluntary coverage — specified disease and hospital indemnity — are subject to the calculation of the tax, but only if they’re paid for with pretax dollars, such as through a cafeteria plan, or with excludable employer contributions. Otherwise, they are not subject to the calculation of the tax.
- Voluntary insurance products are defined as HIPAA-excepted benefits.
Myth: Employers should switch their pretax voluntary insurance products to after-tax versions.
Fact: Only employers with benefits plans considered “high cost” need to consider after-tax strategies.
- Employers and their workers receive tax advantages for retaining pretax voluntary products.
- Only two types of voluntary coverage — specified disease and hospital indemnity — are included in tax calculations, and only then if they’re paid with pretax dollars or the employer pays any portion of the premium. Other voluntary insurance benefits won't trigger the Cadillac Tax, regardless of whether they’re offered before or after tax.
Myth: Employers or workers will be responsible for paying the Cadillac Tax when it goes into effect.
Fact: In most cases, the insurance provider will be responsible for paying the tax.
- Most small businesses are fully insured, meaning the insurance provider sets the premium and pays the claims. When that's the case, the insurer, not the employer, is responsible for paying the Cadillac Tax when it goes into effect in 2020.
- If an employer is self-insured, meaning the employer sets the premiums and pays the claims, or the coverage offered is a health savings account (HSA) or an Archer medical savings account (MSA), the employer or the plan administrator will be responsible for paying the tax.
The bottom line is that myths and rumors have made the Cadillac Tax seem more confusing than it already is. It isn't even expected to take effect for another four years, so it shouldn't prompt your clients to exclude voluntary insurance from their benefits options. After all, the security voluntary coverage provides can help ensure your clients and their employees sleep well instead of worrying about medical costs that are continuing to rise.
The Dish with Lauri Hauer
April’s Dish is serving up Saxon’s own, Lauri Hauer’s favorites!
Dine In
Lauri’s favorite dish to serve when staying in is her Easy Summer Salsa, and this is not your traditional tomato salsa. It is black bean and corn based, and best enjoyed with friends and neighbors around the fire pit. The best thing about this salsa is, as the name alludes, it’s easy to make and perfect for entertaining. Also, it just gets better the longer it sits, so making it ahead saves you more time and makes it more delicious!
EASY SUMMER SALSA
1 can of black beans, drained and rinsed
1 can yellow/white corn, drained
1 medium sized red onion, chopped
Mix these ingredients together in a bowl
½ cup apple cider vinegar
¼ cup sugar
Mix these together and let sugar somewhat dissolve, pour over above ingredients
Chop a few cilantro leaves and mix through
Dine Out
For a night out Lauri recommends checking out the WOOD FIRED GRILL PIZZAS at The Works!!! This is a family fun spot OR a great date night by the bike trail in Downtown Historic Loveland. The Works is located in the old firehouse in Loveland. This place has an atmosphere you can’t find anywhere else around Cincinnati. Their wood fired pizzas are the BEST, Hauer says! Check out their pastas, salads, seafood, burgers, craft beers and so much more.
The WORKS is located @ 20 Grear Millitzer Lane, Loveland, OH 45140
In Case of: Effective Responses to Workplace Emergencies
Within sixty seconds of its launch on November 14, 1969, the Apollo 12 spacecraft was struck twice by lightning, which caused critical navigation systems and fuel cells to shut down.
A N.A.S.A. engineer who remembered his training for a similar scenario immediately recommended a fix, which saved the entire mission and quite possibly the lives of the Apollo 12 astronauts.
Four months later, those same engineers faced and successfully responded to challenges that they never anticipated with the ill-fated Apollo 13 mission.
Emergencies can and do happen in every workplace, but it does not take a rocket scientist to plan for them or to fashion an intelligent response when they do happen.
Emergencies and Violence: The Stats
Workplace emergencies are not limited to high-tech or high-risk operations light rocket launches. Statistics compiled by the Occupational Safety and Health Administration (OSHA) and the Bureau of Labor Statistics (BLS) reveal more than 23,000 employee were injured in 2013 solely from workplace assaults.
The latest data available from the BLS show that the annual rate of workplace violence has held steady for more than twenty years, and violence continues to be the second leading cause of employee fatalities after transportation accidents.
This does not even account for injuries or fatalities that result from other workplace emergencies, including fires, natural disasters, chemical spills and contamination, or civil disturbances or terrorism. In 2010, more than three million workers suffered injuries following workplace emergencies. How a business responds to emergencies is typically a function of the nature of the emergency itself.
What Is Categorized as an Emergency?
OSHA defines a workplace emergency as an “unforeseen situation that threatens your employees, customers, or the public; disrupts or shuts down your operations; or causes physical or environmental damage”.
Most individuals might limit their concept of a workplace emergency to newsworthy, large-scale evacuations caused by natural or man-made causes, but lesser-scale emergencies are far more common. One employee might suffer an injury or a sudden medical event.
A small fire might be easily contained by sprinkler systems, but that fire will be no less disruptive of business operations than a larger conflagration. A single disgruntled individual can start an emergency situation that shuts a business down for days. If that individual is armed, the emergency becomes a national tragedy.
OSHA has issued Emergency Action Plan standards for workplace emergencies that are codified in the Federal Regulations. Those standards define, for example, when and where businesses need to have fire extinguishers, building evacuation plans, and medical emergency response protocols.
The New Focus: Armed Shooter Scenarios
Because of high-profile publicity and responses, businesses are also becoming more attuned to armed shooter scenarios. Although not without objection or controversy, some workplaces are training employees in a run/hide/fight protocol that was popularized by a video produced by the City of Houston.
The gist of that protocol is to train employees first to run from an armed assailant. If running is not possible, the employees should hide, and if hiding is impossible, only then should employees attempt to fight the assailant.
Technology can be a boon during a workplace emergency if it is used as a tool and not a solution. The Federal Emergency Management Agency (FEMA) places a high priority in communication technology in emergencies. Excessive reliance on technology can be a downfall, however, if an emergency removes the option to use technology. Businesses should consider deeper contingency plans in the event that the emergency takes down their communication networks.
A Wireless Emergency Alert (WEA) is a notification that is sent to mobile devices in cases of tornadoes, hurricanes, tsunamis and other serious emergencies. These emergency alerts are complimentary public safety service provided by participating wireless service providers. But, if employees have trouble with cellphone reception inside their workplace, they may or may not receive these alerts.
If workplaces were able to plan for all possible workplace emergencies, then to the extent that they were anticipated those events would not be emergencies. The responses by the NASA engineers in the Apollo program are more instructive in developing an effective workplace emergency response plan.
The Apollo 12 lightning strike shows the efficacy of contingency planning for potential emergencies and trusting an employee to implement his or her training when the emergency happens.
The engineer who recommended the solution after the lightning strike was in his early twenties, but his co-workers and the ship’s crew had developed enough of a cohesive relationship and a sense of trust among themselves that they did not hesitate to implement his solution.
During the Apollo 13 mission, the entire workforce again worked cohesively toward a common purpose to develop an effective response that, almost fifty years later, remains one of NASA’s finest efforts.
A workplace will not always have the luxury of implementing thorough contingency training to prepare for an emergency. A business’s ability to survive a workplace emergency is on a par with the conduct of its regular business operations. As with other aspects of those operations, the most effective emergency response requires mutual employee trust and cohesiveness.
Wellness: Get a Lunchtime Workout, Even if You Can't Leave the Office
Original post washingtonpost.com
It can be one of the most exhilarating things you do during the workday, but nailing the lunchtime workout can be tricky. Should you eat before or after? How much should you pack? Shower? No shower? And most important, how much exercise can you pack in during a lunch hour?
The good news is that there are all sorts of tricks for getting the most out of your midday workout and several products that make it easier to navigate.
The key is to have a plan. The night before, pack a light bag of just the essentials: a change of underwear, travel-size deodorant and wet wipes — if you won’t have time for a shower.
Need to shower no matter what? Consider throwing in a bottle of dry shampoo to cut down the amount of time you spend away from your desk, said Tami DeVitis, an instructor at Vida Fitness in the District. She also recommends (if your hair is long enough) wearing a ponytail that requires no maintenance post-workout.
Another way to stay prepared is to keep a pair of sneakers and toiletries in your desk at work. That way, you can just grab what you need and go. Personal trainer Lee Jordan has noticed clients bringing no more than what can fit into a rolled-up T-shirt. In other words, pack light.
You also should consider arriving at the office a little early just in case it takes you longer than expected to get ready, said DeVitis, who teaches several lunchtime classes.
Scarfing down a hoagie right before a run might not be the best idea, but you should eat something, said Nancy Clark, author of “Nancy Clark’s Sports Nutrition Guidebook.”
“The goal is to enter into your workout with a normal blood sugar level,” Clark said. “If you’re exercising at a pace you can maintain for a half-hour, your body can digest the food and use it during the workout. You could eat five minutes beforehand; it all depends on your tolerance level.”
If you’re planning a high-intensity workout of burpees or jump squats, she recommends eating a hearty breakfast. For less strenuous exercise, Clark said, it’s perfectly fine to eat a banana or half of your lunch before getting started.
What you eat post-workout is also very important. To recover from a tough routine, Clark says, down a smoothie, peanut butter sandwich, chocolate milk or any other mini-meals with a balance of carbohydrates and protein.
“Protein builds and repairs muscles, but it does not refuel muscles. Carbs fuel, so you actually want three times more carbs than protein,” Clark said. “The mistake people make these days is just having a protein shake after the workout, but you’d be better off having a fruit smoothie to get carbs andprotein.”
If you’re lucky enough to work near a park or somewhere with good trails, going for a run outdoors is a great way to break up the workday. Too cold? Hit the treadmill at the gym and add in some intervals — one minute of sprints followed by a 30-second jog for several rounds could help you get the most out of your run.
Circuit training is another option for burning calories that could also build muscle if you throw some weights into the mix. Jordan recommends four to five sets of compound exercises, the kind that work two or more parts of the body. You could, for instance, grab a pair of dumbbells for a squat with a bicep curl or lunges with a lateral raise.
“You can either time your reps, say 45 seconds or a minute, or do a set number, say 10 or 15 squats with a curl,” said Jordan, an American Council on Exercise-certified health coach.
If designing your own routine is a lot to ask, there are apps for that. Nike Training Club, Sworkit, Spitfire Athlete and a host of other apps have cardio and strength-training routines that you can do in 30 minutes.
Even Fitbit, the wearable fitness monitor, is getting in on the act. This month, the company released Fitbit Blaze, a touch-screen tracker that comes with access to the workout app FitStar. The app offers diagrams that show you how to execute the moves in each routine.
Game for a class? Just about every gym has a variety of 45-minute classes, allowing you enough time to get in, get to it and get going.
“Consider classes where you don’t get as sweaty, a barre class. You’re going to sweat, but you can clean yourself off and go,” DeVitis said.
Leaving the office in the middle of the day is a no-go for some folks. In that case, Jordan recommends heading to a stairwell, one without traffic, for a quick workout. All you need is a pair of sneakers, if that much, to do a few sets of calf raises on the stairs. Or you could do high-knee runs or squats or sprint up two flights for eight-to-10 minute intervals.
Technology: Talking to a Financial Coach Reboots Financial Wellness and Narrows Gender Gap
Original post businesswire.com
In a year marked by increased market volatility and slow economic growth, it’s not a surprise that overall financial wellness levels remained virtually unchanged. Employees appear stuck, hitting a brick wall with debt, lack of emergency funds and inadequate retirement savings. However, the latest study from Financial Finesse shows that the way forward to improved employee financial wellness – and to narrow the financial Gender Gap – could be human-to-human coaching, with technology playing a supporting role.
The Year in Review: 2015, an analysis of employee financial trends based on anonymous data collected by workplace financial wellness firm Financial Finesse, describes a year where most employees have been treading water in terms of their financial wellness. Overall financial wellness levels were unchanged at 4.8 out of 10 vs. 4.7 in 2014.
The study shows that while technology was helpful in increasing employee awareness of their financial vulnerabilities, online interactions alone did not improve employee financial wellness. By contrast, employees who had five interactions including conversations on the phone or in person with a financial planner professional showed substantial progress. Those repeat interactions with a financial coach appear to help an employee get “unstuck,” and advance in key areas. For these regular participants:
- 80% have a handle on cash flow, compared to 66% of online-only users
- 72% have an emergency fund, compared to 50% of online-only users
- 98% contribute to their retirement plan, compared to 89% of online-only users
- 48% are on track for retirement, compared to 21% of online-only users
- 64% are confident in their investment strategy, compared to 42% of online-only users
Employers who offer financial wellness programs consider tailoring communications to address these vulnerabilities in particular:
- 58% may not be saving enough for retirement, with only 16% of Millennials on track to achieve their retirement goals.
- 51% don’t have an emergency fund. While this declines with age, a worrisome 25% of employees 65 and older still don’t have an emergency fund.
- 34% may be living beyond their means. For employees with family incomes of $100,000 or lower, less than half pay off their credit cards every month.
- 33% may have serious debt problems. Debt may be hurting African American and Latino employees the most, with 75% of African American and 66% of Latino employees saying getting out of debt is a top concern.
- Concern over market volatility is high. Many employees grew nervous about their retirement plan savings and turned to their financial wellness program for guidance on how to handle these market fluctuations.
Employee Relations: Electing to Talk Politics at Work has Serious Implications
Original post workforce.com
As the political races unfold in 2016, just about everyone seems willing to share their opinions on candidates, parties and issues — whether they’re asked to or not.
For many of the nation’s workers, this can lead to uncomfortable situations or outright arguments while on the job. Responding with a personal opinion might seem like second nature, but it might also be a risky move careerwise.
Employers generally have the right to limit employees’ political commentary during work time, and many of them choose to do so given the often-heated nature of the subject. Workers should always use common sense when deciding whether to discuss political issues at work, but there are some situations in which employees should definitely steer clear of such talk, such as:
When the business owner or boss is vocal about their own beliefs. It’s a concept that might be shocking to many Americans, but, in many states, private employers may fire workers for their political beliefs.
Under the at-will employment doctrine, in the absence of a contract, employers can terminate employment at any time and for any reason not prohibited by law.
Every state except Montana subscribes to the at-will doctrine.
Under this principle, organizations don’t need “just cause” to fire someone. If local or state law doesn’t prohibit it, private employers generally may terminate an individual because of his or her political beliefs.
Many misinterpret the First Amendment and believe that it applies in all cases related to freedom of speech. The First Amendment only applies to government censorship of speech. As such, it restricts public employers from engaging in this practice.
Most private employers won’t typically terminate employees for their political beliefs. The bad publicity from such actions will typically outweigh any perceived benefits.
Even in states and locations without laws protecting employees’ political beliefs, employers will have to tread a fine line. Some states, like Wisconsin, prohibit employers from taking action on employees’ legal activities, such as running for office or voting. If the discussions are union-related, they might also be protected.
Yet, employees should still be cautious. A business owner or manager who is strongly invested in their political beliefs could discipline or terminate others with opposing viewpoints.
When it wastes time. Many employers recognize that restricting all nonwork-related conversations can have a detrimental effect on morale. But if employees are spending large amounts of time debating the pros and cons of a particular political candidate or issue when they should be working, an employer is going to take notice and possibly take action. Employers generally have control over what employees may and may not do on company property and on work time.
When discriminatory language is involved. Employers have a duty to prevent and address discrimination in the workplace.
If employees are holding inappropriate discussions about a candidate’s sex, age, race, religion, ethnicity or other protected traits, the employer will likely want to take action. A business may be held liable for fostering a hostile work environment if it does not halt such conduct.
Because of the legal ramifications, most employers take discrimination in the workplace very seriously and will respond accordingly. This could include discipline and even termination.
When representing the company. If an employee is passing themself off as a company representative, or even sporting company logos (on a shirt, hat, etc.) while giving a personal interview on the subject of politics, an employer likely has the right to act. Such actions could give customers and others the impression that the employee’s beliefs are those of the company.
Think before speaking. When faced with a workplace situation involving heavy political posturing, it can be hard to consider the effects of statements prior to making them in front of co-workers.
But taking a moment to think about the consequences of certain political discussions before engaging in them might be the best way for employees to safeguard their job.
Employees should consider the career risks of bringing politics to work. The best course of action might be to leave political discussion at the door.