person signing up for health insurance on tablet

Current Requirements Continue to Apply Until Proposal is Finalized

2018-02-26
, , , Human Resources

Federal agencies recently proposed to amend the definition of short-term, limited-duration insurance so that it may offer a maximum coverage period of less than 12 months after the original effective date of the contract, rather than the current maximum period of less than 3 months. The proposal would also revise the required issuer notice that must be displayed in the contract and any application materials.

Proposal Applicability Date

While the current definition applies to policy years beginning on or after January 1, 2017, a non-enforcement policy applies to policies sold before April 1, 2017, and that end on or before December 31, 2017. The current definition and non-enforcement policy would continue to apply unless and until the proposal is finalized. If finalized, the proposal would apply to insurance policies sold on or after the 60th day following publication of the final rule. Policies sold on or after this date would have to meet the definition of short-term, limited-duration insurance in the final rule in order to be considered such insurance.

Background

Under the Affordable Care Act, short-term, limited-duration insurance is exempt from certain market reforms. The allowable duration of such insurance is currently limited to less than 3 months after the original effective date of the contract. In addition, this insurance is not considered minimum essential coverage, which is necessary for an individual to satisfy the individual mandate unless an exemption applies.

Click here to read the proposal in its entirety. A fact sheet is also available.

businessman sick and sleeping on home wicker bench with newspaper over head

TX: Austin Passes Earned Sick Time Ordinance

2018-02-21
, , , , , , , Human Resources

Employees Earn One Hour of Earned Sick Time for Every 30 Hours Worked

The City of Austin has passed an earned sick time ordinance. Highlights of the ordinance are presented below.

Covered Employers and Employees

All private employers are generally covered by the ordinance. To be eligible for earned sick time, employees must work in Austin for an employer (including work performed through the services of a temporary or employment agency) for pay for at least 80 hours in a calendar year.

Accrual and Use

An employer must grant an employee one hour of earned sick time for every 30 hours worked in Austin. Employers are not required to allow employees to accrue more than the yearly cap of earned sick time. The yearly cap depends on employer size, as follows:

  • For small employers (no more than 15 employees at any time in the preceding 12 months, excluding family members), the yearly cap is 48 hours of earned sick time per year.
  • For medium or large employers (more than 15 employees at any time in the preceding 12 months, excluding family members), the yearly cap is 64 hours of earned sick time per year.

An employee may request earned sick time for an absence from scheduled work time caused by certain events (§ D). However, the ordinance does not require any employer to allow an employee to utilize earned sick time on more than 8 calendar days in a given calendar year.

Employer Notice and Effective Dates

Employers must display a sign describing the requirements of the ordinance in at least English and Spanish in a conspicuous place (or places) where employee notices are customarily posted.

An employer that provides an employee handbook to its employees must include in the handbook notice of employee rights and remedies under the ordinance. Also, at least monthly, an employer must provide each employee with a statement (electronically or in writing) showing the amount of the employee’s available earned sick time.

The ordinance is expected to take effect on October 1, 2018, pending the mayor’s signature. However, for an employer with no more than 5 employees at any time in the preceding 12 months (excluding family members), the ordinance is not effective until October 1, 2020. Click here for additional details.

Note: Certain provisions of the ordinance may be subject to change upon final approval by the mayor. Stay tuned for additional updates regarding the ordinance.

young professional sitting at desk with computer and calculator

Certain Employers Required to Electronically File Returns

2018-02-16
, , Human Resources

Employers subject to the Affordable Care Act’s (ACA) information reporting requirements are reminded that the deadlines to file and furnish Forms 1094 and 1095 are quickly approaching. The reporting deadlines in 2018 are for reporting information on the 2017 calendar year, and are as follows:

  • Applicable large employers (ALEs)—generally those with 50 or more full-time employees, including full-time equivalents—must file Forms 1094-C and 1095-C with the IRS no later than February 28, 2018 (or April 2, 2018 if filing electronically). ALEs must also furnish a Form 1095-C to all full-time employees by March 2, 2018.
  • Self-insuring employers that are not considered ALEs, and other parties that provide minimum essential coverage, must file Forms 1094-B and 1095-B with the IRS no later than February 28, 2018 (or April 2, 2018, if filing electronically). These entities are also required to furnish a Form 1095-B to “responsible individuals” (may be the primary insured, employee, former employee, or other related person named on the application) by March 2, 2018.

Electronic Filing Requirements

Reporting entities filing 250 or more Forms 1095-B or Forms 1095-C must electronically file them with the IRS. Additional information on electronic filing can be found on the IRS ACA Information Returns (AIR) Program webpage.

business people walking around crowded office space

Planning for Workplace Emergencies

2018-02-12
, , , , Human Resources

You may not expect an emergency or natural disaster to occur in the workplace, but it is important to be prepared because dangerous situations can strike at any time and with little or no warning. OSHA regulations require that almost every business develop an emergency action plan. Having an emergency action plan in place is key to preventing a disorganized evacuation or emergency response that could result in confusion, injury, and property damage.

What is a Workplace Emergency?

A workplace emergency is an unforeseen situation that threatens your employees, customers, or the public; disrupts or shuts down your operations; or causes physical or environmental damage. Emergencies may be natural or manmade and include the following:

  • Floods
  • Hurricanes
  • Tornadoes
  • Fires
  • Toxic gas releases
  • Chemical spills
  • Radiological accidents
  • Explosions
  • Civil disturbances, and
  • Workplace violence resulting in bodily harm and trauma

Protecting Your Employees and Your Business

The best way to protect your employees and your business from a natural disaster or other dangerous situation is to prepare to respond to an emergency before it happens. Few people can think clearly and logically in a crisis, so it is important to do so in advance, when you have time to be thorough.

Brainstorm the worst-case scenarios. Ask yourself what you would do if the worst happened. What if a fire broke out in your boiler room? Or a hurricane hit your building head-on?  Once you have identified potential emergencies, consider how they would affect you and your workers and how you would respond.

How to Plan for Workplace Emergencies

OSHA and the Department of Labor have developed a very useful guide called How to Plan for Workplace Emergencies that can help you protect your company in the case of an emergency or natural disaster. The following links contain additional information that may be helpful in developing an emergency action plan and in taking other steps to keep your company and employees safe.

Guidance for Preventing Workplace Violence for Health Care and Social Service Workers

downward focused image of wooden stairs twisting at different levels with white walls and light

Worksite Walkability

2018-02-06
, , Human Resources

Are Your Employees Walking At Work?

Evidence suggests that most Americans need to get more physical activity. Two-thirds of people in the United States weigh more than they should and nearly three-quarters don’t get the recommended 30 minutes of physical activity on most days. Because many adults spend 20, 30, or 40 hours or more a week at work, adding physical activity to employees’ workdays may be one way to help working Americans become healthier.

Walking or biking to work is one way to increase physical activity, but for many people it isn’t an option. However, for many employees, walking while at work is a way to increase their physical activity. But how safe and attractive is the walking environment at your workplace? To find out, use our walkability audit.

What is Walkability?

Walkability is the idea of quantifying the safety and desirability of the walking routes. At work, these can be streets and sidewalks in between buildings on your campus, city blocks if you work in a downtown area, or even walking on nature trails at your work. Many people work on campuses that have more than one building, and they might work in one building and have meetings in another. Do your employees walk to those meetings, or drive? Do they walk for exercise or recreation at lunch or during breaks? Do they walk to restaurants or parks to have lunch? Sometimes people don’t walk at work because they don’t feel that the walking routes are safe or convenient.

There is scientific evidence that providing access to places for physical activity increases the level of physical activity in a community.  The Task Force on Community Preventive Services strongly recommends creating or enhancing access to places for physical activity, in conjunction with a well-run communication and marketing campaign. A typical study of an intervention to create or enhance access to places for physical activity reports a 25% increase in physical activity levels.

What is a Walkability Audit?

A walkability audit tool is designed to broadly assess pedestrian facilities, destinations, and surroundings along and near a walking route and identify specific improvements that would make the route more attractive and useful to pedestrians. Using CDC’s Walkability Audit can help you assess the safety or attractiveness of the walking routes at your worksite. The audit helps you map out the most commonly used walking routes, and helps you identify the most common safety hazards and inconveniences that can keep employees from walking at work.

image of alarm clock with tax time written on a yellow sticky note on it

‘Cadillac Tax’ Delayed Until 2022

2018-01-31
, , , , , Human Resources

Tax Previously Set to Become Effective in 2020

President Trump has signed the Extension of Continuing Appropriations Act, which (among other things) delays implementation of the “Cadillac Tax,” the Affordable Care Act’s excise tax on high-cost employer-sponsored health coverage, until 2022. Previously, this tax—which would impose a 40% tax on plans that cost more than $10,200 (for self-only coverage) and $27,500 (for family coverage)—was set to become effective in 2020.

person inputting numbers into calculator for tax season

Reminder: Individual Mandate Remains in Effect for 2018

2018-01-31
, , , , , , , Health and Wellness

Requirement is Effectively Repealed Beginning in 2019

Individuals are reminded that the section of the Tax Cuts and Jobs Act which effectively repealed the individual shared responsibility provision (“individual mandate”) of the Affordable Care Act does not become effective until 2019. As a result, individuals are required to have minimum essential health coverage, qualify for an exemption from the requirement, or pay a penalty tax for 2018.

person holding cup cup with tea and lemon in it above desk in office for vitamin c benefits

Brochures and Posters Promoting Health in the Workplace

2018-01-23
, , Human Resources

Health and safety reminders posted in the workplace can help to inform your employees about important wellness topics and keep them on track with safety and nutrition. Be sure to rotate or switch out the posters you display on a regular basis to keep things fresh and encourage your employees to stay motivated and make healthy choices.

Employee Safety

Employee Nutrition and Health

Nutrition

Source: North Carolina HealthSmart Worksite Wellness Toolkit

Exercise and Physical Activity

Source: North Carolina HealthSmart Worksite Wellness Toolkit

Climb These Steps to a Healthier You!

The World Around You: Use What You Have to Stay Healthy and Fit

Tips to Help You Get Active

Walking . . . A Step in the Right Direction!

Managing Stress

Managing Stress Handouts

Source: North Carolina HealthSmart Worksite Wellness Toolkit

group of employees in business suits smiling and listening to someone speaking

Motivating Employees

2018-01-18
, , Leadership

Successfully motivating your employees will help you achieve and maintain business goals. Ultimately, you want to create an environment that allows your employees to meet or exceed expectations, do their best and feel valued. While employees are clearly motivated by tangible rewards such as salary and promotion, there are more intangible factors such as mentoring, personal and professional growth and the ability to work on independent projects.

Motivational Drivers

We are all individuals with different needs and aspirations, so what motivates one employee may not motivate another. Creating a work environment which includes a range of motivators can result in improved performance as well as increased retention and enthusiasm for the company.

The following is a brief summary of different motivators:

  • Opportunities for promotion
  • Giving employees the freedom to work independently
  • Challenging and satisfying projects
  • Personal and professional growth – training and professional development
  • Status/power which can be represented in a job title
  • Responsibility and trust by allowing employees to work without unnecessary supervision
  • Promoting the building of relationships with colleagues and customers
  • Recognition of employees’ performance and contribution
  • Financial rewards and incentives
  • Flexible work arrangements that allow employees to accommodate personal needs

How to Motivate Your Employees

These strategies may motivate your employees to contribute to your businesses performance:

  • When the jobs are more challenging and interesting, employees may find they feel more accomplished and satisfied.
  • Consider lateral moves if you can’t promote employees. Many times, people like to do different jobs to build their skills and knowledge.
  • Get to know your employees–learn about their interests and what is important to them.
  • Recognize employees’ efforts and achievements by personally thanking them for a job well done.
  • Publicly recognize your employees by highlighting achievements at meetings, and on the company intranet.
  • Create opportunities for social interaction such as a company sports team.
male employee laid off and packing cardboard box

Reductions in Force and Layoffs

2018-01-12
, , , Human Resources

In the United States, when companies need to reduce costs significantly, they frequently undertake a systematic “reduction in force” (RIF) or lay off employees on a more ad hoc basis. Usually these RIFs or layoffs are precipitated by a difficult economic climate and the need to reduce costs. However, companies may also reduce their number of employees because a segment of the business is shut down or sold or a new method of production or service requires fewer employees.

Employers should carefully assess all of their options before resorting to a RIF of any kind. Although the intent of a RIF is to reduce costs, the cost of hiring and training new employees when the market improves and time it will take new employees to reach the productivity of more experienced employees could cost more than the RIF saves. Of course, any RIF is likely to have a negative impact on employee morale.  Employers are well-served to consider cutting hours of all employees and exploring other alternatives before implementing any type of RIF or layoff. Other alternatives include:

  • Reduced or cut salaries
  • Reductions in benefits
  • Transfers to more cost-efficient locations
  • Considering early retirement

RIFs may trigger additional costs including:

  • Increased Unemployment Insurance (UI)
  • Severance pay
  • Outplacement services
  • Litigation or other dispute resolution

If feasible, the employer should consider granting persons who are laid off a right of recall if and when the employer begins hiring again. It may be more economical for the employer to rehire laid off employees than to train new employees. In addition, having the opportunity of recall available may help sustain employee morale.

Implementing the RIF

If an employer determines that a RIF is the only viable alternative, the employer’s managers need to prepare for this transition. Preparation includes both determining what, if any, severance or other benefits will be given the laid off employees and determining which employees are to be laid off.  In addition, the employer must prepare those employees being retained for the impact of the layoff, as their workload and responsibilities may be affected, and their morale will certainly be impacted. A hastily implemented mass firing can backfire on an employer for a variety of reasons, from claims of non-discrimination from former employees to the business being ill-equipped to move forward. Thus, businesses planning a layoff should make strategic decisions based on the following:

  • How many positions must be eliminated to achieve the goal of the RIF.
  • Whether the layoff will be permanent or temporary.
  • How much advance notice the employer will give to employees, assuming the statutory requirements of WARN or a state statute are not triggered.
  • Which employees will be targeted for layoff. These considerations might include employee length of service, skill, experience, or recent job performance. The employer must meticulously analyze the workforce so as not to cause a disparate impact on any protected class of employees.
  • Whether the employer has contractual obligations to employees through a collective bargaining agreement or other contract.
  • How the reduction will affect business operations, i.e., output and productivity.

Communicating to Employees During a Temporary Layoff

When an employer anticipates that the RIF or layoff will be temporary, the plan for the RIF should include a mechanism for staying in close contact with employees who may be eligible for rehire. Because of the costs of recruiting, selecting and training new employees, rehiring laid-off employees at the end of a temporary layoff can help the employer save the costs recovered by implementing the RIF. The employer should seek to keep the employees updated regularly.

Avoid Discrimination Issues

As noted above, in making RIF decisions, an employer must be careful not to discriminate against any protected class of employees. Decisions regarding which employees are to be laid off or terminated must be made without regard to age, disability, sex (which includes certain protections for lesbian, gay, bisexual, and transgender (LGBT) individuals), race, national origin, military service, or genetic information. State laws may extend nondiscrimination laws to other classes, such as marital status. Not only must the employer avoid any intentional discrimination, it must also avoid adversely impacting one or more protected classes of employees. Employees who lose their jobs often reach for any tool at their disposal to address the impact of the lost employment. Those tools may include bringing discrimination claims against the employer. Careful planning to avoid either intentional or disparate impact discrimination will strengthen the employer’s defense against any such claims.

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