Headlines about "Work-life issues"
Gathered from the web by the editors at BenefitsLink.com.
The Lighter Side of Employee Benefits: 'Can We Have Bikini Fridays?' And Other Strange Requests
Excerpt: "In a new survey by CareerBuilder, hiring managers shared the most memorable requests or recommendations they have received in the office suggestion box." (CareerBuilder.com)
Weekly Flu News, November 19
Excerpt: "The 2009 H1N1 influenza pandemic has not only resulted in a surge of patients throughout our healthcare system, but also a surge in media coverage of the disease. In continuing our commitment to keep you informed on key issues related to emergency preparedness and response, we are sending these weekly alerts which highlight recent news reports and publications related to H1N1. These articles highlight some of the issues you and your organization may be facing in the wake of the current influenza pandemic." (Troutman Sanders LLP)
A Family's Flu Suffering and an Employer Dilemma
Excerpt: "When a UPS employee and his wife came down with swine flu, they endured tragedy and an estimated $1 million in medical bills. Their story points out how exposed some workers can be to the illness and how little employers can do for them, beyond education and encouraging good hygiene." (Workforce Management; free registration required)
Temporary Extension of Unemployment Benefits: Emergency Unemployment Compensation
Excerpt: "The new tier IV benefit may provide up to an additional 6 weeks of benefits if the state unemployment rate is at least 8.5%; however, at this time tier IV benefits are largely symbolic as few workers will qualify for tier IV before the EUC08 program authorization expires. Congress is likely to address the expiring authorization of the EUC08 program (December 26, 2009) in the next few weeks. Bills that currently propose to extend the authorization of the EUC08 program through 2010 include H.R. 3404 and S. 1647." (opencrs.com)
[Guidance Overview] IRS's 2009 Version of Form 2106 for Employees to Report Deductible Business Expenses
Excerpt: "EBIA Comment: The accountable plan rules allow employees to avoid tax on business expense reimbursements if three principal requirements are met: the expenses have a business connection, they are adequately substantiated, and any excess reimbursements are returned. If accountable plan reimbursements do not fully cover an employee's expenses, the employee may use Form 2106 to take a deduction for the unreimbursed expenses. Expenses may not be deducted, however, unless the employee maintains adequate records to substantiate them. Options like the standard mileage rate and standard meal allowances . . . can significantly simplify those requirements." (Employee Benefits Institute of America)
[Guidance Overview] EEOC Revision of 'Equal Employment Opportunity Is the Law' Poster to Address ADA Amendments and GINA
Excerpt: "EBIA Comment: Employers should update their EEOC posters right away in accordance with the applicable options, keeping in mind that special rules apply about where to post such notices. As a practical matter, we recommend using the November 2009 poster, which contains a full description of the current rules and would be less confusing for employees. Note that many of the employment nondiscrimination laws in the EEOC posters provide protections relating to fringe benefits (including group health plans) provided by employers." (Employee Benefits Institute of America)
Hearing Indicates Emergency Paid Leave Bill May Be Modified
Excerpt: "Advocacy groups and employers expressed concerns about an emergency paid sick leave bill designed to help workers who are stricken with the H1N1 flu at a Capitol Hill hearing on Tuesday, November 17. The Emergency Influenza Containment Act would guarantee up to five paid sick days for employees who are told by their supervisors to go home or stay home because of a contagious illness." (Workforce Management; free registration required)
Employee Benefits Costs Continue to Pressure Transportation CFOs, According to Survey
Excerpt: "Nearly 69 percent of transportation CFOs and senior comptrollers responding to a survey by consulting firm Grant Thornton indicted that employee benefits -- including health care and pensions -- are putting the most pressure on their operating costs, emerging as a higher-visibility challenge even than energy costs and insurance costs, which were of concern to some 40 percent of respondents. As transportation CFOs looked at the nation's economic outlook in October, when the survey was conducted, nearly 41 percent said they don't anticipate the recession ending until the second half of 2010, while nearly 35 percent were somewhat more optimistic, seeing the recession ending during the first half of 2010." (Cygnus Interactive)
Hearing on Employers and the Public: H1N1 and Sick Leave Policies
Excerpt: "The House Education and Labor Committee will hold a hearing Tuesday, November 17 on how employer paid sick leave policies can help slow the spread of contagious diseases, like the H1N1 flu virus." (U.S. House Committee on Education & Labor)
The Health Insurance Options When COBRA Runs Out
Excerpt: "The [COBRA subsidy] expires after nine months. That means time is running out for laid-off workers who signed up in March, when the benefit first became available. To keep COBRA coverage, they'll have to pay 102% of the premiums. . . . Mindful of the 10% unemployment rate, some lawmakers have proposed extending the benefit, but that hasn't happened yet. Tips for people who are losing their COBRA subsidy . . . . Don't drop COBRA until you've found another source of insurance coverage, 'even if you're paying through the nose for a month or two,' . . . ." (USA TODAY)
Disability, Earnings, and Divorce
Excerpt: "This study examines the effect of work-limiting disabilities on the likelihood of divorce. Theoretically, the effect depends on the disability hazard at the time of onset and the impact of disability on marital value. The theory therefore implies, based on a set of empirically supported premises, that the effect of disability on divorce should decrease with age, increase with education, and increase with disability severity. Data from the Survey of Income and Program Participation support these predictions. The effect of a work-preventing disability is greatest among young, educated males, increasing the divorce hazard by 13.3 percentage points." (Center for Retirement Research at Boston College)
For Many Ill with the Flu, Staying Home Isn't an Option
Excerpt: "In response to President Obama's declaration of the H1N1 flu as a national emergency and federal health and labor officials urging sick workers to stay home, Rep. George Miller and Rep. Lynn Woolsey introduced the H1N1 Flu Emergency Sick-Leave Bill. It would provide five paid sick days for a worker sent home or directed to stay home by their employer for a contagious illness, such as the H1N1 flu virus. [On November 13] the Los Angeles Times wrote an excellent article on why this legislation is necessary." (U.S. House Committee on Education & Labor)
The Impact of Women's Growing Participation in the Workforce
Hearing held November 13, 2009, on The Shriver Report: A Woman's Nation Changes Everything. (U.S. House Committee on Education & Labor)
[Guidance Overview] ERISA Section 510: The Environment Is Ripe for Claims
Excerpt: "ERISA ?510 makes it unlawful for any person to discharge, fine, suspend, expel, discipline, or discriminate against a participant or beneficiary for exercising any right to which he is entitled or may become entitled under an ERISA plan. It also makes it unlawful to discharge, fine, suspend, expel, or discriminate against any person because he has given information or has or is about to testify in any ERISA-related inquiry or proceeding. With layoffs continuing into the second half of the year, the setting is ripe for an increase in claims by employees who believe their discharge was motivated by their employers' desire to reduce or avoid benefit plan expenses. And ?510 claims are not necessarily made in a vacuum. They can come as part of a general wrongful discharge claim, age discrimination claim, or a whistleblower action where the employee also alleges the employer attempted to interfere with ERISA-protected rights." (Tax Management Inc.)
How Common Is Paid Sick Leave in the United States? (PDF)
Excerpt: "Here are some details from the BLS: Nearly 90 percent of state and local government workers had access to paid sick leave, significantly greater than the approximately 60 percent of private-industry workers.Among civilian workers, 77 percent of full-time workers had access to paid sick leave, compared with 28 percent of part-time workers. Seventy-seven percent of civilian workers at firms with 100 or more employees had access to paid sick leave, compared with 53 percent of employees at firms with 1?99 employees." (Employee Benefit Research Institute)
Work Ability and the Social Insurance Safety Net in the Years Prior to Retirement
Excerpt: "A patchwork of public programs -- primarily Social Security Disability Insurance (DI), workers' compensation, Supplemental Security Income (SSI), and veterans' benefits -- provides income supports to people unable to work. Yet, questions persist about the effectiveness of these programs. This report examines the economic consequences of disability for a sample of Americans observed from age 51 to 64. The results underscore the precarious financial state for most people approaching traditional retirement age with disabilities." (Center for Retirement Research at Boston College)
Transportation, Other IRS Dollar Limits Remain Unchanged for 2010
Excerpt: "Next year's dollar limits that apply to employer-provided transportation plans will stay the same as this year's, the IRS has decided. The value of excludable benefits under a qualified commuter benefit plan will be limited to $120 a month, and the value of qualified parking benefits will be limited to $230, the IRS said this week." (Employee Benefit Adviser; free registration required)
Why Financial Literacy Matters to You and Your Employees
Excerpt: "Here are ten components which comprise a Financial Literacy series of workshops: How to Create a Budget/Strategies of Saving; Debt Consolidation; How to Read, Monitor, and Improve Your Credit Report; Understanding Your Company's Retirement Plan; College Planning; The Role of Insurance in Financial Planning; Types of Mortgages/How to Qualify; Tax Issues ? Homeowners, Retirement Savings, Estate Planning; Financial Issues of Divorce; Pre-Retirement Issues/When Can I Afford to Retire?" (401kExchange, Inc.)
How to Drive Value for Your Benefits Package with the Enrollment Experience
28 pages. Excerpt: "This white paper discusses how to reinvent the enrollment experience to benefit both employers and employees -- while increasing a company's return on its benefits investment. Employers will learn how this paradigm shift is driving the need for more comprehensive benefits education and what measures they can take to help employees better understand and appreciate their benefits choices. Readers will learn the importance of planning and reporting before, during and after the actual enrollment. The paper also illustrates why an effectively communicated benefits package can make a big difference in how employees perceive their company and how they may perform -- no matter if the company has a few employees or a few thousand." (Colonial Life)
After 40 Years, Age Discrimination Still Gets Second-Class Treatment
Excerpt: "Age discrimination is illegal. But when compared with discrimination against racial minorities and women, it is a second-class civil rights issue. The Supreme Court drove its inferiority home again in June of this year, ruling that older workers must show that age was the decisive factor in their firing -- not merely a contributing factor, which can be enough for a race or sex claim. Congress is considering overturning the ruling. It should do so. It is particularly important in the current downturn, with age discrimination complaints soaring. But the problem is larger than any one legal standard." (The New York Times; free registration required)
[Guidance Overview] EEOC Guidance on Pandemic Preparedness and ADA Compliance (PDF)
4 pages. Excerpt: "The Equal Employment Opportunity Commission (EEOC) recently issued an updated Technical Assistance Document (TAD) to provide employers guidance in balancing their pandemic preparedness plans with their obligations under the Americans with Disabilities Act (ADA). The TAD, entitled Pandemic Preparedness in the Workplace and the Americans with Disabilities Act, provides useful information regarding ADA-compliant employer actions prior to, during and following an influenza pandemic." (Drinker Biddle Reath LLP)
Firms Boost Workplace Benefits to Attract and Retain Tech-Savvy Workers
Excerpt: "Pingpong and pool, free lunches on Fridays, fully stocked refrigerators, on-site yoga, generous vacation time, telecommuting options and employer-paid health coverage: If the list of perks sounds like a throwback to the dot-com boom, think again. At a time when many businesses are slashing benefits to the bone, a growing number of Chicago-area companies are bucking the trend. Those fortunate employers who can afford to go the extra mile for their workers can boost productivity and ultimately gain market share, said Joe Dwyer, chief executive at Brill Street + Co., an Internet matchmaker for job seekers and employers. 'These companies go all out to attract and retain the best and brightest,' he said." (Chicago Tribune)
Financial Capability in the United States: Consumer Decision-Making and the Role of Social Security
Excerpt: "This project will analyze new data from the 2009 U.S. Treasury/FINRA Financial Capability Survey. This survey provides new and unique information to assess how American households make financial decisions, how they fare in current economic conditions, and in what ways financial knowledge contributes to financial capability. In addition, it includes data about information that the Social Security Administration (SSA) provides to consumers. The project will examine how financial literacy contributes to financial capability with regard to debt behavior, i.e., financial capability as it relates to management of credit card debt, mortgage debt, and other debt. Moreover, it will evaluate how information from SSA affects behavior." (University of Michigan Retirement Research Center)
Flexible Benefit Options Proving Cost-Efficient, According to Mercer
Excerpt: "The concept of employee choice in the type of benefits received from employers is taking hold worldwide, particularly as it offers a chance for employers to cut costs without cutting benefits, according to benefits consulting firm Mercer L.L.C. The company conducted a survey of more than 1,700 employers in 47 countries outside of the United States in May and June to find out what kinds of benefits companies offer and how they plan to change them. Attitudes and strategies toward employee benefits varies widely across the globe and depends largely upon local health systems and taxation systems. But the survey found that interest in flexible benefits packages that provide employees with wider choice about the mix of benefits received is becoming more popular in many countries." (Business Insurance)
Some Employers Adapt for Parents with Workplace Child Care, Time Off, Among Teacher Furlough-Day Measures
Excerpt: "Some working parents are getting help from their employers to care for children who will be out of school tomorrow, the first 'furlough Friday' for Hawaii public school teachers. Many companies with work rules that include flex-time or sick leave that can be used to care for dependents expect some employees to be absent tomorrow to care for school-age children. Others are offering special assistance such as in-office child care to help their employees cope with the disruption resulting from the effort to plug the state's budget shortfall." (Honolulu Advertiser)
Employers Need to Be Prepared for Influenza Season (PDF)
4 pages. This newsletter outlines policies and issues that require the immediate attention of employers. (Buck Consultants)
Tax-Free Commuter Benefits Enhances Overall Benefits' Offerings
Excerpt: "The economic stimulus package appears to have sparked more employers offering tax-free commuter benefits, reports the TransitCenter, a non-profit group that promotes mass transit use. In its 2009 Commuter Impact Survey, the organization reports a 35% increase in the number of employers with programs for tax-free commuter benefits since Congress passed the American Recovery and Reinvestment Act in February 2008." (Employee Benefit News; free registration required)
[Guidance Overview] Frequently Asked Employment Law Questions This Flu Season
Excerpt: "In anticipation of higher-than-average absenteeism due to seasonal and H1N1 flu outbreaks, employers should implement specific best practices that protect employees, minimize business disruptions and avoid employment claims. . . . This article offers in depth responses to frequently asked questions, provides resources for more information, and suggests best practices for protecting the health and safety of employees, minimizing disruption to business activities and avoiding employment claims when the flu hits the workplace." (McDermott Will & Emery)
The Future of Work-Family Policy: Is 'Choice' the Right Choice?
Excerpt: "This article reviews the new, interdisciplinary book, Women and Employment: Changing Lives and New Challenges, which contains a set of empirical studies and policy proposals on work-family balance. This review uses the book's research and analysis as a springboard for considering the role that gender equality should play in advancing a coherent work-family policy agenda, and more specifically, what 'gender equality' means in the context of care work and labor force participation." (Social Science Research Network)
Ruling Could Spur Hiring Bias Against Obese Workers
Excerpt: "An Indiana state court's ruling that would require a small business to pay for weight-loss surgery could make employers more cautious when hiring obese people, employment attorneys say." (Workforce Management; free registration required)
Employee Well-Being:Taking Engagement and Performance to the Next Level in the Current Economic Environment (PDF)
Excerpt: "What do we mean by well-being? Towers Perrin defines it as encompassing three interconnected aspects of an individual's 'work life': Physical health -- overall health, energy/stamina; Psychological health -- stress/anxiety, intrinsic satisfaction, accomplishment, optimism, confidence, control, empowerment, safety; Social 'health' -- work relationships, balance in work and personal life, equity, fairness, respect, social connectedness." (Towers Perrin)
Preventing Cold and Flu Outbreaks in the Workplace
Excerpt: "We all know that washing our hands and getting a flu shot are the best defenses in preventing colds and flu. But in all honesty, people need to be reminded, so you need to communicate. So, communication becomes a top priority in defending the company from the cold and flu season. And you know what they say: the best defense is a good offence." (Precept Employee Benefits Blog)
Bridge Employment and Retirees' Health: A Longitudinal Investigation (PDF)
16 pages. Excerpt: "The present study examined the relationship between bridge employment and retirees' health outcomes (i.e., major diseases, functional limitations, and mental health). We used a nationallyrepresentative sample of 12,189 retirees from the first 4 waves of the Health and Retirement Study. Hierarchical regression analyses showed that compared with full retirement, engaging in bridge employment either in a career field or in a different field was associated with fewer majordiseases and functional limitations, whereas engaging in career bridge employment was associated with better mental health. The findings highlight the health benefits of engaging in bridge employment for retirees. The practical implications of this study are discussed at both the individual and policy levels. Limitations of the current findings are also noted in conjunction with future research directions." (American Psychological Association)
Telework Programs Can Provide Myriad Benefits If Companies Get the Appropriate Policies in Place
Excerpt: "Technology has enabled telework programs to evolve beyond images of people dialing up in pajamas to remote workers tapping advanced collaboration tools that increase productivity and ensure business continuity. In some cases, disaster recovery plans have spawned well-structured and documented telework programs. But at the majority of companies, there are no formal telework policies in place, even as more and more workers go mobile. . . . Here are 10 simple steps that can help organizations advance their telework programs from ad hoc to admirable." (Network World)
[Guidance Overview] Update on the Legal and Workplace Implications of H1N1
Excerpt: "Because experts predict that the virus will likely become more widespread as the current flu season progresses, it is even more important that employers consider the nature and scope of H1N1, identify potential legal liabilities, develop action and communications plans, and identify and address related labor and employee relations issues." (Seyfarth Shaw LLP)
Commuter Benefit Offerings Increase, According to Survey
Excerpt: "Despite concerns about cutting costs during the down economy, most employers are maintaining -- and in some cases increasing -- tax-free commuter benefits as part of their compensation packages, according to TransitCenter's 2009 Commuter Impact Survey. Eight months after the passage of the American Recovery and Reinvestment Act, which increased the amount of tax-free income employees could use to pay for their mass transit fares from $120/month to $230/month, TransitCenter found that over one-third (35%) of companies surveyed offer a tax-free commuter benefit, according to a press release. The announcement said employees at small businesses have been particularly enthusiastic about the increase in the tax benefit, with TransitCenter showing that 32% of the employees at its existing small business customers who were deducting the monthly maximum of $120 prior to the passage of the bill increased their deductions to above $120 after the bill's passage. The survey found flextime (33%), telecommuting (30%) and Transit (30%) are the top commute-related benefits offered by the surveyed companies. Seventy-two percent of respondents indicated they see tax-free commuter benefits as a way to help reduce their company's carbon footprint." (PLANSPONSOR.com; free registration required)
Arizona County Orders Flu-Ridden Employees Home, or Else
Excerpt: "Officials of an Arizona county have opted to take their concerns about spread of the swine or regular flu among their employees a step farther with this stern message: stay home if you are sick or risk being fired. An Associated Press news account said supervisors in Pima County, in which Tucson is located, unanimously adopted the policy for their nearly 7,000 employees. Under the rule, sick workers must inform their supervisor who is given the authority to send the person home. The mandate indicates that employees with a temperature of at least 100.4 degrees or who exhibit flu symptoms must remain home for at least 24 hours or until after the fever subsides. Anyone not complying with the instructions to leave work can be discharged or otherwise disciplined under the new rule, which the news account said will likely be lifted next spring." (PLANSPONSOR.com; free registration required)
[Guidance Overview] Cost-of-Living Adjustments for Transportation Benefits, Adoption Assistance, and More
Excerpt: "EBIA Comment: Employers with adoption benefit plans will need to confirm whether their plans automatically apply the latest limits or whether an amendment is needed to recognize the cost-of-living increases. If employers are applying the higher limits, they should communicate the increases to employees. (Transportation plan limits are unchanged for 2010, so employers will not need to consider or communicate any increases for those plans this year.) We note that, although 2010 parameters have been released for Archer MSAs, the Archer MSA pilot program expired at the end of 2007, which means that no new Archer MSAs can be established after that date unless Congress acts to extend the program again. Many who previously had Archer MSAs have switched to HSAs, which are generally more favorable." (Employee Benefits Institute of America)
[Guidance Overview] Towers Perrin Monthly Health & Welfare Regulatory Round-Up, September 2009 (PDF)
8 pages. Excerpt: "The Monthly Regulatory Round-Up is a high-level summary of legal and regulatory developments that occurred during July 2009 that may be relevant to large employers. Developments are sorted according to federal legislative developments, federal regulatory guidance, other developments (e.g., significant litigation, studies, select state law developments)." (Towers Perrin)
[Guidance Overview] EEOC Cracks Down on Leave Policies That May Violate ADA
Excerpt: "The Equal Employment Opportunity Commission (EEOC) is making it abundantly clear that employers must tread carefully in adopting and implementing medical leave policies. According to the EEOC, those policies that provide for the termination of an employee who has been out on leave for a specified amount of time violate the Americans with Disabilities Act (ADA) if they do not contemplate the possibility of a reasonable accommodation. In two recent cases publicized by the EEOC, the agency has asserted its considerable authority against two major U.S. employers, United Parcel Service (UPS) and Sears and Roebuck & Co." (Pepper Hamilton LLP)
President's Advisory Council on Financial Literacy to Meet November 3
Excerpt: "The President's Advisory Council on Financial Literacy will convene a meeting which will be open to the public. The purpose of this meeting is to discuss the Council's priorities and how it can best advise the President and the Secretary of the Treasury. The Department of Treasury will also provide an update about the status of the recommendations made by the Council in January 2008. . . . The public is invited to submit written statements to the Council." (International Foundation of Employee Benefit Plans)
Accenture Employees Can Finance Own Unpaid Leave
Excerpt: "A global consulting firm known for its innovative benefit programs is taking a novel approach to income replacement -- using it to help employees guarantee an income stream during periods of unpaid leave. Accenture's Future Leave program, offered since January 2008 after two successful pilot runs, is a self-funded sabbatical that enables employees and senior managers in good standing with at least three years of continuous employment take off up to four months, when combined with paid time off and the Family Medical Leave Act." (Employee Benefit Adviser; free registration required)
[Guidance Overview] Broad Scope of 'Disability' Reflected under New ADA Regulations
Excerpt: "The ADA Amendments Act of 2008 amended the Americans with Disabilities Act (ADA) effective January 1, 2009, to expand the definition of 'disability' to include certain impairments and to reverse certain Supreme Court interpretations (and EEOC regulations) that had narrowed the definition. As a result, the determination of whether an individual has a disability is expected to require less analysis, and to result in more individuals being able to demonstrate that they have a disability for ADA purposes. The EEOC observed that this new definition will allow far more cases to focus on whether discrimination actually occurred ? rather than whether the individual was able to demonstrate he or she met the definition of disability." (Deloitte via BenefitsLink.com)
[Guidance Overview] IRS's 2009 Version of Form 3903 for Use by Individuals Reporting Deductible Moving Expenses
Excerpt: "EBIA Comment: Code Section 132(g) allows employers to provide certain moving expense reimbursements directly or indirectly to their employees on a tax-free basis, so long as the moving expenses would have qualified for a deduction from income on the employee's individual income tax return. In addition, employers often provide nonqualified moving expense benefits, which are includible in the employees' taxable income. Form 3903 helps employees calculate the amount they can exclude from income if tax-free reimbursements do not cover all of their qualifying expenses, or the amount they must report as additional taxable income if untaxed reimbursements exceed their qualifying expenses." (Employee Benefits Institute of America)
[Guidance Overview] IRS's Business Travel Expense Guidance
Excerpt: "The Internal Revenue Service (IRS) issued Revenue Procedure 2009-47 on September 30, 2009. The guidance updates the rules for determining the amount of an employee's ordinary and necessary business expenses for lodging, meals, and incidental expenses incurred while traveling away from home that are deemed substantiated under Section 1.274-5 of the Income Tax Regulations." (Hewitt Associates)
Many Companies Going Beyond Basic Education Programs for Retirement Savings by Providing Variety of Financial Services and Tools
Excerpt: "Companies offering employees basic informational sessions on their retirement savings plans is nothing new. But with the recession, many employers realize that offering just retirement savings education and setting their 401(k) plans on autopilot might not be enough to get employees on track to retire on time, experts say. . . . Now more than ever before, employees appreciate it if employers help them with overall financial planning, from dealing with credit issues to paying for college . . . ." (Workforce Management; free registration required)
Senate Finance Gives OK to Raise Limits on Employee Healthy Behavior Rewards
Excerpt: "An amendment permitting health plans to reward healthy behaviors -- one of the few bipartisan amendments introduced during the Senate Finance Committee hearings on healthcare reform -- passed during late evening hours on Wednesday." (healthleadersmedia.com)
[Guidance Overview] Proposed Legislation Would Require New York City Employers to Provide Paid Sick Leave
Excerpt: "The proposed law requires employers to provide the following amounts of paid sick leave to their employees: Employers with ten or more employees must provide a minimum of one hour of paid sick leave for every 30 hours worked, not to exceed 72 hours of sick time in one calendar year. Employers with fewer than ten employees must provide a minimum of one hour of paid sick leave for every 30 hours worked, not to exceed 40 hours of sick time in one calendar year." (Littler Mendelson)
Workplaces Are Sick, Need Reform, According to Survey
Excerpt: "The study suggested that six criteria could help judge the health of a workplace including climate of respect; supervisor task support; job challenge and learning; autonomy; economic security; and work-life fit. According to the study, employees are more likely to be engaged and satisfied in their jobs when they work in effective workplaces, as defined by the six criteria." (PLANSPONSOR.com; free registration required)
[Guidance Overview] FMLA Retaliation Claims Still Viable without Commenced Leave
Excerpt: "An employee does not have to actually begin taking time off under the Family and Medical Leave Act (FMLA) to claim illegal employer retaliation under the law. That was the holding of the 3rd U.S. Circuit Court of Appeals in a case involving Brenda L. Erdman's lawsuit against Nationwide charging the employer fired her after requesting FMLA leave but before she was able to take the time." (PLANSPONSOR.com; free registration required)
Flu Outbreak Could Give Momentum to Paid-Sick-Days Bill
Excerpt: "An outline posted at www.flu.gov recommends that employers 'establish policies for employee compensation and sick-leave absences unique to a pandemic.' Preparations for an outbreak of the H1N1 flu virus this fall could give momentum to legislation that would require employers to provide paid sick days. Even with the government urging companies to keep sick workers at home, the measure faces significant legislative obstacles. But advocates are using the flu scare to promote the bill. Titled the Healthy Families Act, it would enable workers to accrue one hour of paid sick leave for every 30 hours they work up to a total of 56 hours, or seven days." (Workforce Management; free registration required)
[Guidance Overview] Homeland Security Says Small Business Should Develop Written Plan to Prepare for H1N1
Excerpt: "The federal Department of Homeland Security, in conjunction with the Center for Disease Control (CDC) and the Small Business Administration (SBA), provides this advice to small businesses in its recently released, Planning for H1N1 Influenza: A Preparedness Guide for Small Business. The Guide suggests a seven step process for developing your written plan: Identify a workplace coordinator; Examine policies for leave, telework, and employee compensation; Determine who will be responsible for assisting workers who become sick at the workplace; Identify essential employees, essential business functions, and other critical inputs required to maintain business operations should there be disruptions during the 2009 H1N1 flu outbreak; Share your pandemic plans with employees and clearly communicate expectations. Prepare business continuity plans in case the H1N1 flu outbreak causes widespread absenteeism or other operations changes; Establish an emergency communications plan." (Porter Wright Morris & Arthur LLP)
National Compensation Survey: Employee Benefits in the United States, March 2009 (PDF)
489 pages. Excerpt: "The National Compensation Survey (NCS) provides comprehensive measures of occupational earnings, compensation cost trends, as well as incidence and detailed provisions of employee benefit plans. This bulletin presents estimates of the incidence of and key provisions of selected employee benefit plans. Estimates presented are on benefits for civilian workers?-workers in private industry and in State and local government?-by various employee and employer characteristics. For the purposes of the NCS, Federal government, agricultural, and householdworkers, and the self-employed, are excluded." (U.S. Bureau of Labor Statistics)
[Guidance Overview] No Small-Employer Exception Where Lack of Time Records Prevents Counting Commission-Only Employees as Part-Time
Excerpt: "EBIA Comment: When an employee is not paid by the hour and doesn't keep time records, an employer may have difficulty convincing a court to count the employee as a part-time employee for purposes of the full-time equivalency method. In this case, the court was not satisfied with a formula the employer created solely for the purpose of satisfying the IRS's COBRA regulations. In other cases, however, an employer might be successful using generally recognized hourly equivalency formulas -- for example, a mileage-to-hours formula for truck drivers authorized under a State prevailing wage law." (Employee Benefits Institute of America)
Work Disability, Work, and Justification Bias in Europe and the U.S.
Excerpt: "To analyze the effect of health on work, many studies use a simple self-assessed health measure based upon a question such as 'do you have an impairment or health problem limiting the kind or amount of work you can do?' A possible drawback of such a measure is the possibility that different groups of respondents may use different response scales. This is commonly referred to as 'differential item functioning' (DIF)." (University of Michigan Retirement Research Center)
Chart: Wages and Benefits by Occupational Group, June 2009
Excerpt: "In June 2009, private industry employer compensation costs averaged $27.42 per hour worked. Wages and salaries averaged $19.39 per hour (70.7 percent), while benefits averaged $8.02 (29.3 percent)." (U.S. Bureau of Labor Statistics)
Employers Struggle with Communicating Benefits Cuts
Excerpt: "Salary freezes, salary cuts, shortened workweeks, halting 401(k) matches and layoffs are almost a daily event in many business sectors as employers navigate the tough economy. Employees are aware of the economic downturn, but experts say companies still should tread carefully when deciding how to communicate changes that usually mean less money in employees' pockets. Transparency, without the spin, is a best practice for companies that are scaling back, says Nicole Melton, a Philadelphia-based senior consultant and communication practice leader with Watson Wyatt Worldwide. 'We want [employers] to be straightforward and empathetic,' she says. 'Be candid.'" (Workforce Management; free registration required)
[Guidance Overview] Terminated Smoker's Privacy and ERISA Claims Dismissed
Excerpt: "The ERISA and state privacy claims of a smoker fired for violating an employer's no-nicotine policy have no merit, a Massachusetts district court has ruled. Since the employer conditioned its job offer on a clean drug screening, the worker's positive nicotine test meant he never became an employee with ERISA rights as a health plan participant, the court found. In rejecting the state privacy claims, the court noted that the worker made no attempt to keep his smoking private. Unlike other states, Massachusetts does not bar employment bias based on lawful conduct outside of work." (Mercer LLC)
New York City Business Groups Taking Stand on Paid Sick Days
Excerpt: "Opposition is slowly building among groups worried that a New York City Council bill requiring companies to provide employees with as many as nine paid sick days per year would place a burden on small businesses. Earlier this week, the Manhattan and Staten Island chambers of commerce sent an online survey to members to find out where they stand on the proposal, which would compel businesses with 10 or more employees to provide nine paid sick days, and those with fewer than 10 workers to give five. Fines would be levied at a rate of $1,000 per violation." (Workforce Management; free registration required)
[Guidance Overview] The H1N1 Virus: What Every Employer Needs to Know (PDF)
5 pages. Excerpt: "The World Health Organization raised the pandemic threat level for the H1N1 virus to level 6, the highest alert level. For employers, this potential outbreak raises a myriad of issues. In addition to business issues such as possible widespread employee absences, the potential pandemic implicates the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Occupational Safety and Health Act (OSHA), privacy laws and other employment-related laws. This Alert addresses some commonly asked questions." (Drinker Biddle Reath LLP)
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