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

Worksite Walkability

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

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 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

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

male employee laid off and packing cardboard box

Reductions in Force and Layoffs

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.

woman in work parking lot in a coat and scarf smoking a cigarette

Implementing a Tobacco-Free Campus Initiative in Your Workplace

This toolkit provides guidance for implementing a tobacco-free campus (TFC) initiative that includes a policy and comprehensive cessation services for employees. It is based on the Centers for Disease Control and Prevention’s (CDC) experience with implementing the U.S. Department of Health and Human Services (HHS) Tobacco-Free HHS initiative.

Health Challenge

Worldwide, tobacco use results in nearly 5 million deaths per year. If current trends continue, it is predicted that tobacco use will cause more than 10 million deaths annually by the year 2020. Cigarette smoking remains the leading preventable cause of death in the United States and is responsible for an estimated 438,000 deaths per year, or about one out of every five deaths.

Policies establishing smoke-free environments are the most effective way to reduce exposure to secondhand smoke. Evidence has shown that smoke-free policies in enclosed workplace settings are associated with reduced daily cigarette consumption among employees and possibly with increased cessation among employees.

The benefits of smoke- or tobacco-free campus policies that also apply to outdoor workplace settings have been much less thoroughly researched, probably because these policies are a relatively new development. One recent study found that the implementation of a smoke-free campus policy in an office workplace that already had a smoke-free policy for indoor settings was associated with an increase in quit rates and a reduction in daily cigarette consumption among continuing smokers.

Unlike smoke-free indoor policies, tobacco-free campus policies are not solely designed to protect nonsmokers from secondhand smoke. Rather, tobacco-free campus policies are also intended to encourage employees to improve their health by quitting the use of tobacco products. Tobacco-free campuses create work environments in which tobacco users find it easier to reduce their consumption or quit altogether.

Establishing a tobacco-free campus provides employers with an opportunity to communicate a consistent pro-health message, project a positive image, and reduce tobacco-related healthcare costs. Providing cessation benefits (coverage for counseling and medications) in conjunction with the policy supports the quitting process.

Toolkit Components

This toolkit describes how others in workplaces can plan and implement a tobacco-free campus policy and evaluate its success. The toolkit describes the following project phases:

  • Assessing Need and Interest
  • Planning
  • Promotion
  • Implementation
  • Evaluating Success
Stack of dusty blue, purple, and white employee review files

Keeping Employee Records and Files

Employers typically keep a number of different employee records, often called personnel files, as a way of documenting an employee’s relationship with a company. In certain instances, documentation in a personnel file can provide important supportive data—for example, to show an employee’s discipline history in support of a termination in subsequent litigation. The personnel file can also track performance goals, leaves of absence and any employment-related agreements.

In addition to being a good business practice, employers may be required to keep certain types of records in order to comply with specific provisions under both federal and state law. When collecting and maintaining information to be kept in employee personnel files, it is important to comply with all applicable federal and state laws, including any requirements as to what information must or should be collected, what your company may or may not do with that information, and how long employee records should be kept.

All employee records should be kept in a secure location, such as a locked cabinet or locked office.

Types of Employee Records

Personnel Files

A personnel file may contain documents that fall into one of the following categories of records:

  • Basic Information. This category includes personal information such as the employee’s full name, social security number, address, and birth date.  Employers may also wish to collect information relating to emergency contact numbers.
  • Hiring Documents. Many employers retain documents related to the hiring process, including job descriptions, employment applications, and resumes.
  • Job Performance and Development. This is a broad category that may encompass documents such as performance evaluations and supervisory or management notes regarding performance issues; corrective action or disciplinary letters; awards, nominations, and other commendation letters; promotion records; and records of training or education.
  • Employment-Related Agreements. Any aspect of the employment relationship which is governed by an agreement between the parties, such as an employment agreement, union contracts, non-competition agreement, confidentiality or nondisclosure agreement, should be kept in the personnel file.
  • This category includes documents related to compensation and benefits information, such as W-4s and beneficiary forms, payroll records, and time cards for prior year(s).
  • Termination and Post-Employment Information. It is a good idea to keep information related to an employee’s termination on file should a dispute later arise.  Documents the employer may wish to retain include exit interview forms (if applicable) and any final employee performance appraisal, as well as a record of documents provided to the employee along with the final paycheck (e.g., termination letter, benefits notices, unemployment compensation forms).

Confidential Files–Keep Separate from the Personnel File

It is a good idea (and in certain instances may be legally required) to keep certain employee records and information in a confidential file separate from the personnel file, such as:

  • Medical records and Workers’ Compensation claims
  • Federal and state leave documents
  • Form I-9s
  • Documents pertaining to an employee investigation such as a disciplinary action
  • Background checks
  • Note: Many states have laws which prohibit or limit an employer’s use of background checks (also known as “consumer reports”) or criminal records checks and/or prohibit discrimination based on credit or criminal history information. Be sure to check the applicable laws in your state and consult with an employment law attorney who knows your state laws to ensure full compliance.

Please note that this list represents some of the key examples of personnel information which should be kept in a separate file. Please review the Records and File section thoroughly to get a good understanding of federal recording requirements. States may also have specific recordkeeping requirements as well. If you have any questions regarding the confidentiality of a particular record or form, please contact your state’s labor department or a knowledgeable employment law attorney.

hr woman at laptop in office

Recordkeeping

OSHA’s recordkeeping rule requires employers to record and report certain work-related fatalities, injuries and illnesses, and provides employers a system for tracking workplace incidents.

Which recordkeeping requirements apply to me?

Reporting fatalities and catastrophes: Under a final rule, all employers covered by the Occupational Safety and Health Act of 1970 (P.L. 91-596) must notify OSHA of all work-related fatalities within 8 hours, and of all work-related in-patient hospitalizations, amputations, or losses of an eye within 24 hours. Keeping injury and illness records: The final rule also updated the list of industries that, due to relatively low occupational injury and illness rates, are exempt from the requirement to routinely keep injury and illness records. The rule maintains the exemption for any employer with 10 or fewer employees—regardless of its industry classification—from the requirement to routinely keep records of worker injuries and illnesses.

In addition, the following establishments are now required to electronically submit information from their OSHA recordkeeping forms to OSHA:

Click here for more information on the electronic recordkeeping requirement.

How can I tell if I am exempt?

OSHA has released a list of industries that, due to relatively low occupational injury and illness rates, are exempt from the requirement to routinely keep injury and illness records.

smiling small business owners

New Small Business Health Care Tax Credit Form Released

Form Used by Eligible Employers to Claim Credit for 2017 Tax Year

The IRS has released Form 8941, Credit for Small Employer Health Insurance Premiums, and related instructions, for tax year 2017. Eligible small employers use this form to figure the credit for health insurance premiums under the Small Business Health Care Tax Credit.

The Small Business Health Care Tax Credit is designed to encourage small businesses and tax-exempt employers to offer health insurance coverage to their employees. Among other requirements, an employer may be eligible for the credit for tax year 2017 if:

  • It had fewer than 25 full-time equivalent employees for the tax year;
  • It paid at least 50% of the premium cost for single health care coverage for each employee;
  • The average annual wages of its employees for the year were less than $53,000; and
  • It paid premiums on behalf of employees enrolled in a qualified health plan offered through a Small Business Health Options Program (SHOP) Marketplace (or qualifies for an exception to this requirement).

Note: Employers in Hawaii cannot claim this credit for insurance premiums paid for health plan years beginning after 2016.

Click here to review Form 8941 and its instructions.

stack of cash wrapped in ribbon next to holiday gift to symbolize a holiday bonus

Is Your Holiday Bonus Program Compliant?

Employers Must Consider Discrimination & Tax Implications

With the end of the year fast approaching, many employers are getting ready to hand out holiday bonuses, unaware that these tidings of the season can come wrapped in legal implications. To help avoid compliance issues, consider the following questions when planning your bonus program:

  • Are the bonuses discretionary?: Non-exempt employees covered by the federal Fair Labor Standards Act must receive overtime pay for hours worked in excess of 40 in a workweek, at a rate not less than time and one-half their regular rates of pay. However, discretionary bonuses are not part of an employee’s regular rate of pay under the Act, according to the U.S. Department of Labor.
  • Are the bonuses nondiscriminatory?: As with all employee compensation, holiday bonuses must be provided on a nondiscriminatory basis. The eligibility criteria for bonuses must be applied in a nondiscriminatory way, and eligible employees must receive bonuses in nondiscriminatory amounts.
  • Are the bonuses taxable?: Cash gifts are subject to federal, state, and local withholding taxes. However, the IRS considers de minimis fringe benefits—typically non-cash items with a market value generally less than $100—to be non-taxable.

Click here for more information from the IRS on the tax implications of holiday gifts.

person resting from flu under blankets

Flu and Your Workplace

Flu can be a big disruption for business. Employees who are sick may need to take time off to recover and may not be as productive when it comes to getting work done. In addition, symptoms such as coughing, sneezing, and fever can spread germs to healthy employees.

The single best way to prevent seasonal flu is to get vaccinated each year, but good health habits like covering a cough and frequent hand washing can help stop the spread of germs and prevent respiratory illnesses like the flu.

Tips for Fighting Flu

Everyday preventive actions that can help prevent flu and the spread of germs in the workplace include:

  1. Cover Your Mouth and Nose

Cover your mouth and nose with a tissue when coughing or sneezing. Flu viruses are thought to spread mainly from person to person through the coughing, sneezing, or talking of someone with the flu.

  1. Avoid Touching Your Eyes, Nose, or Mouth

Flu viruses also may spread when people touch something with flu virus on it and then touch their mouth, eyes, or nose. Routinely clean frequently touched objects and surfaces, including doorknobs, keyboards, and phones, to help remove germs.

  1. Clean Your Hands

Washing your hands often will help protect you from germs. Make sure your workplace has an adequate supply of tissues, soap, paper towels, alcohol-based hand rubs, and disposable wipes.

  1. Stay Home When Sick

Employees should be encouraged to stay home from work when they are sick to help prevent others from getting ill. If there is only one employee who performs a particular task, consider training others so that coverage is available should that employee need to leave work early or stay home due to illness.

  1. Practice Good Health Habits

Get plenty of sleep, be physically active, manage your stress, drink plenty of fluids, and eat nutritious food.

Resources and Printable Materials for Promoting Good Health Habits

To help businesses, employers, and their employees learn about strategies for preventing flu, the U.S. Centers for Disease Control and Prevention (CDC) provides the following toolkit, flyers, posters, and other materials:

This podcast provides information about recommended strategies to help businesses and employers promote the 2012–2013 seasonal flu vaccine.

Learn what two strategies are recommended to businesses and employers this flu season.

Host a flu vaccine clinic in the workplace and use this flyer–complete with fillable text boxes so you can add the location, date, and time of your flu vaccine clinic.

Encourage employees to get vaccinated at locations in the community. Navigate to the Flu Vaccine Finder website to find locations offering flu vaccine and then update the flyer and post.

Share this flyer with employees to encourage flu vaccination. Consider posting this in the workplace, or copy and place in mailboxes or include in pay statements or newsletters.

Use this flyer with other workplace managers to kick off discussions about flu vaccination planning.

Promote flu vaccination using web technology:

Post on business windows and restroom mirrors.

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