8 Ways to Better Manage Your Time

Ever feel like there are just not enough hours in the day? When we try to operate at a faster pace, we often tend to make even more mistakes and feel more stressed. Read this blog post for tips on how to make the most of your time.


Feel like there aren't enough hours in the day? It might sound strange, but you might want to slow your pace. When we try to operate at warp speed, we sometimes make more mistakes and often feel more stress. Check out these tips to make the most of your time without pushing yourself too hard.

  1. Log your Take a week to track how you spend most of your time at home and at work. In particular, pay attention to time spent on social media and recreational screen time such as video games, TV and web video. The average Facebook user spends 20 minutes per day on the site. That can add up. At work, look at how much of your time is focused on dealing with email vs. getting things done.
  2. Set limits. Once you know where you're spending your time, set limits for yourself. Look for apps that can let you set time limits for certain online activities. Or just use a timer to limit time writing emails or using social
  3. Make clear Give yourself an easy way to set and track goals and tasks. Whether you have an online planner or just a written to-do list, update it every day.
  4. Use your Whenever you take on a new project, try to think right away about how long it will take and when you can spend that time. If you use a calendar like Outlook, schedule time to work on projects in advance.
  5. Be Practicing mindfulness can help you become more aware of how you are spending your time. And some research shows mindfulness can actually extend your perception of time as it passes.
  6. Learn to say no. For some of us, this can be really hard. If you care about your job, you want to please your co-workers and So pushing back about a task can be difficult. But if a project or task is going to really overextend you, it's worth having a conversation with your manager about your time. Likewise, in your personal life consider your time before committing to projects.
  1. Find your focus. Interruptions can disrupt your concentration. When you really need to concentrate on something, try to get yourself away from distractions, turn off any notifications and put away your
  2. Ask for This can be another hard one for certain people. But sometimes a task or project might be easier for someone else at a given time. If you're asking for help, be respectful and if possible offer to reciprocate if you can.

Sources:

NIH, The effect of mindfulness meditation on time perception https://www.ncbi.nlm.nih.gov/pubmed/23778017 (Accessed 2/14/2018)

“Where do the hours go?” by Amy Novotny, American Psychological Association http://www.apa.org/gradpsych/2013/03/hours.aspx (Accessed 12/12/2017)

Social Networking Sites and Addiction: Ten Lessons Learned, by Daria J. Kuss and Mark D. Griffiths;
National Institutes of Health (NIH) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5369147/ (Accessed 12/12/2017)

SOURCE: Olson, B. (12 April 2019) "8 Ways to Better Manage Your Time" (Web Blog Post). Retrieved from http://blog.ubabenefits.com/8-ways-to-better-manage-your-time


Status of Court Case Challenging ACA Constitutionality

Twenty states filed a lawsuit back in February of last year that asked the U.S. District Court for the Northern District of Texas to strike down the Patient Protection and Affordable Care Act. Continue reading this blog post for an update on the status of this court case.


As background, in February 2018, twenty states filed a lawsuit asking the U.S. District Court for the Northern District of Texas (Court) to strike down the Patient Protection and Affordable Care Act (ACA) entirely. The lawsuit came after the U.S. Congress passed the Tax Cuts and Jobs Act in December 2017 that reduced the individual mandate penalty to $0, starting in 2019.

On December 14, 2018, the Court issued a declaratory order that the individual mandate is unconstitutional and that the rest of the ACA is unconstitutional. The Court granted a stay of its December 2018 order, which prohibits the order from taking effect while it is being appealed in the Fifth Circuit Court of Appeals (appeals court).

On March 25, 2019, the DOJ submitted a letter to the appeals court clerk stating the Court’s ruling should be affirmed and that the entire ACA should be struck down as unconstitutional. The DOJ intends to file an appellate brief to defend the Court’s ruling.

SOURCE: Olson, B. (16 April 2019) "Status of Court Case Challenging ACA Constitutionality" (Web Blog Post). Retrieved from http://blog.ubabenefits.com/status-of-court-case-challenging-aca-constitutionality


A guide to managing employee website usage

Remote work is on the rise. Employers need to be mindful of the types of websites their employees are accessing on company-issued technology. Read this blog post for key considerations and best practices to review when properly managing employee website usage.


Whether employees are working from home, the coffee shop or the office, employers need to be mindful of the types of websites workers are accessing on their company-issued technology.

New accessibility creates greater flexibility, but employers need to be vigilant to ensure workers maintain the expectation of productivity and workplace privacy. Now more than ever, the workplace heavily relies on technology and companies must understand how to manage it to avoid risk.

Nowhere is the tension between technology and privacy rights more prevalent than in today’s workplace. At the forefront of this discussion is whether employers should block access to certain websites on company-issued technology. Here are key considerations and best practices to review when properly managing employee website usage.

Creating boundaries between work and personal affairs, without invading privacy. Employees typically emphasize that their private affairs should not be accessed by their employer. But the federal Electronic Communications Privacy Act (ECPA) states an employer-provided computer system is the property of the employer, so when an employee visits certain websites during typical office hours using company-issued technology, what is accessed by the employee becomes the employer’s business as well.

There is no denying that placing blocks on certain websites is an effective way to separate work and personal matters, maintain professionalism, protect the company’s security, respect company property and utilize work time appropriately. However, employers should beware of potential legality issues regarding privacy. For example, employees are given some protection from computer and other forms of electronic monitoring under certain circumstances.

Productivity distractions. Blocking certain websites will not prevent an employee from utilizing company time for personal reasons, but doing so reminds employees to have integrity, focus and discipline when it comes to using technology in the workplace. Some employees will use company-issued technology to visit a plethora of websites such as social media platforms, personal email accounts, instant messengers, financial institutions, sports, entertainment and music sites, as well as inappropriate websites. It is easy to become distracted with an overabundance of virtual activity at our fingertips, and blocking sites sends a serious message to workers that business technology and time is for business-purposes only.

Security of confidential company data and information. In today’s interconnected world, employers recognize the importance of protecting confidential company information. Employers often choose to block certain websites because of the risk of a security breach. Employers are concerned with the exposure of any release of its data, work products, ideas and information not otherwise disclosed to the public or its competitors. Blocking certain websites gives an organization an opportunity to decrease the risk of its confidential information being accessed by external influences.

What employers can do to be more transparent with staff

There are no foolproof methods to preventing an employee from using their work time for personal reasons or inadvertently exposing the company to security breaches.

Employees can still access many websites of their choosing through their personal technology. However, the aforementioned reasons are convincing enough for employees to take more accountability in using company-issued technology for business purposes only. An employer that endorses a policy and practice of business technology for business reasons sets a clear expectation for employees to remember and follow.

  • Enforce a written policy that sets clear expectations for in-house and remote employees about not using company-issued technology to visit certain websites and explain the reason for such policies. Policies and procedures should be well-defined, widely communicated and reviewed at least annually.
  • Inform new employees that certain websites are not accessible via company technology. Highlight the written policy for both new and existing employees. Again, explain the reason for this policy.
  • Offer training and other educational opportunities that motivate productivity during times when work focus suffers.
  • Work with the company’s internal IT department to ensure that websites are properly blocked.

Usually, when employers remain transparent with staff regarding why a policy exists, employees are more receptive. In general, employers are encouraged to consult with an experienced HR professional or employment lawyer to avoid any potential legality pitfalls in the workplace.

SOURCE: Banks, S. (11 March 2019) "A guide to managing employee website usage" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/a-guide-to-managing-employee-website-usage?brief=00000152-14a5-d1cc-a5fa-7cff48fe0001


Compliance Recap - March 2019

Compliance Recap - March 2019

March was a busy month in the employee benefits world.

The Department of Justice (DOJ) announced that it will not defend the Patient Protection and Affordable Care Act (ACA) in the court case challenging the ACA’s constitutionality. The Internal Revenue Service (IRS) updated two Q&As regarding ACA reporting for 2018.

The Department of Health and Human Services (HHS) published its 2020 Actuarial Value Methodology and 2020 AV Calculator. HHS also released a bulletin that allows grandmothered plans to be extended through 2020. A U.S. District Court vacated the bona fide associations and working owner provisions contained in the Department of Labor’s association health plans final rule.

The Department of Labor (DOL) released two information letters. One information letter clarifies when an authorized representative may receive claim-related notices on behalf of an ERISA plan participant. The other information letter addresses whether employees may delay taking FMLA leave and whether the statutory 12-week period may be extended.

The IRS updated its Publication 969 for taxpayers to use in preparing 2018 returns. The IRS also announced tax relief for individuals and businesses affected by recent storms in Alabama, Nebraska, and Iowa.

UBA Updates

UBA released one new advisor: 2019 Compliance Calendar

UBA updated or revised existing guidance:

 

Status of Court Case Challenging ACA Constitutionality

As background, in February 2018, twenty states filed a lawsuit asking the U.S. District Court for the Northern District of Texas (Court) to strike down the Patient Protection and Affordable Care Act (ACA) entirely. The lawsuit came after the U.S. Congress passed the Tax Cuts and Jobs Act in December 2017 that reduced the individual mandate penalty to $0, starting in 2019.

On December 14, 2018, the Court issued a declaratory order that the individual mandate is unconstitutional and that the rest of the ACA is unconstitutional. The Court granted a stay of its December 2018 order, which prohibits the order from taking effect while it is being appealed in the Fifth Circuit Court of Appeals (appeals court).

On March 25, 2019, the DOJ submitted a letter to the appeals court clerk stating the Court’s ruling should be affirmed and that the entire ACA should be struck down as unconstitutional. The DOJ intends to file an appellate brief to defend the Court’s ruling.

IRS Updates Q&As on ACA Reporting

On March 26, 2019, the Internal Revenue Service (IRS) updated the Extended Due Dates and Transitional Relief section of the Questions and Answers on Information Reporting by Health Coverage Providers (Section 6055) to include two additional Q&As at Q29 and Q30. Q29 addresses the extended 2019 due date, provided under IRS Notice 2018-94, for furnishing Forms 1095-B to individuals. Q30 states that Notice 2018-94 did not affect the penalty amounts for failing to furnish and file Forms 1094 and 1095.

The IRS updated the Extended Due Dates and Transition Relief for 2015 and 2016 Reporting section of the Questions and Answers on Reporting of Offers of Health Coverage by Employers (Section 6056) to include an additional Q&A at Q35. Q35 addresses the extended 2019 due date provided under IRS Notice 2018-94 for furnishing Forms 1095-C to individuals.

HHS Publishes Final 2020 Actuarial Value Calculator and Methodology

On March 19, 2019, The Department of Health and Human Services (HHS) published the Final 2020 Actuarial Value (AV) Calculator Methodology. The Final 2020 AV Calculator Methodology also contains the 2020 AV Calculator. HHS issues this guidance annually to help issuers of non-grandfathered health insurance plans, offered in the individual and small group markets, to determine the levels of coverage of their plans (for example, AV of 60 percent for bronze level, AV of 70 percent for silver level, AV of 80 percent for gold level, and AV of 90 percent for platinum level).

A few changes were made to the 2020 AV Calculator compared to the 2019 AV Calculator. For the 2020 AV Calculator, HHS added a one-year projection factor of 6.1 percent for medical costs and 9.8 percent for drugs costs to the calculator claims data. Also, the AV Calculator estimate for the annual limit on cost-sharing has been increased to $8,250 for 2020. Finally, HHS removed the column labeled “Number of Enrollees” in its AV Calculator to limit user confusion.

HHS Releases Bulletin that Extends Grandmothered Plans Through 2020

As background, in the fall of 2013, the Department of Health and Human Services (HHS) announced a transitional relief program that allowed state insurance departments to permit early renewal at the end of 2013 of individual and small group policies that do not meet the “market reform” requirements of the Patient Protection and Affordable Care Act (ACA) and for the policies to remain in force until their new renewal date in late 2014.

Since 2013, HHS has re-extended transitional relief each year. Most recently, on March 25, 2019, HHS released a Bulletin in which it re-extended its transitional relief policy to permit renewals with a termination date no later than December 31, 2020, provided that all such coverage comes into compliance with the specified requirements by January 1, 2021.

Read more about the transitional relief.

District Court Vacates Portions of the Association Health Plans Final Rule

As background, on June 19, 2018, the U.S. Department of Labor (DOL) issued a Final Rule that broadened the definition of “employer” and the provisions under which an employer group or association may be treated as an “employer” sponsor of a single multiple-employer employee welfare benefit plan and group health plan under Title I of the Employee Retirement Income Security Act (ERISA).

On March 28, 2019, the U.S. District Court for the District of Columbia (Court) found that the DOL’s final rule exceeded the statutory authority delegated by Congress under ERISA and that the final rule unlawfully expands ERISA’s scope. In particular, the Court found the final rule’s provisions – defining “employer” to include associations of disparate employers and expanding membership in these associations to include working owners without employees – are unlawful and must be set aside.

The Court’s order vacates the specific provisions of the DOL’s final rule regarding “bona fide group or association of employers,” “commonality of interest,” and “dual treatment of working owners as employers and employees.” The Court order sends the final rule back to the DOL to consider how the final rule’s severability provision affects the final rule’s remaining portions.

Although the DOL issued Questions and Answers after the Court’s decision, the DOL has not indicated how it will proceed. The DOL could revise its final rule or could appeal the decision and request that the Court stay its decision pending the appeal. Employers in association health plans should keep apprised of future developments in this case.

Read more about the court decision.

DOL Releases Information Letter on ERISA Claim-Related Notices to Representatives

The Department of Labor (DOL) recently released an information letter (Letter) that clarifies an authorized representative’s ability to receive notices regarding claims under ERISA. The Letter notes that a plan may communicate with both the individual and the individual’s authorized representative. However, for purposes of the claims procedures rules, when a person clearly designates an authorized representative to act and receive notices on the person’s behalf with respect to a claim, the plan should direct all information and notifications to the authorized representative, unless the person indicates otherwise.

DOL Releases Opinion Letter on When an Employee Must Take FMLA Leave

On March 14, 2019, the Department of Labor (DOL) released Opinion Letter FMLA2019-1-A (Letter) to address whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave or permit employees to extend FMLA leave beyond the 12-week period (26 weeks for military or caregiver leave) provided under the FMLA.

The Letter states that once an eligible employee communicates a need to take leave for an FMLA-qualifying reason, neither the employee nor the employer may delay designating the FMLA-qualifying leave as FMLA leave. The employer may not delay designating leave as FMLA-qualifying leave even if the employee would prefer that the employer delay the designation. Further, an employer may not designate more than 12 weeks of leave as FMLA leave. If an employee substitutes paid leave for unpaid FMLA, the paid leave counts toward the 12-week FMLA period and does not extend such period.

IRS Releases Publication 969 Health Savings Accounts and Other Tax-Favored Health Plans

The Internal Revenue Service (IRS) updated its Publication 969 for taxpayers to use in preparing 2018 returns. The publication explains Health Savings Accounts (HSAs), Medical Savings Accounts (Archer MSAs and Medicare Advantage MSAs), Health Flexible Spending Arrangements (FSAs), and Health Reimbursement Arrangements (HRAs).

Tax Relief for Victims of Storms in Alabama, Nebraska, and Iowa

The Internal Revenue Service (IRS) recently announced that individuals who reside or have businesses in certain counties of Alabama, Nebraska, and Iowa may qualify for tax relief, including postponed deadlines, because of the President’s declaration that a major disaster occurred in these states due to severe storms. The IRS automatically identifies taxpayers located in the covered disaster area and applies automatic filing and payment relief. But affected taxpayers who reside or have a business located outside the covered disaster area must call the IRS disaster hotline at 866-562-5227 to request this tax relief.

The Department of Labor (DOL) released a Fact Sheet that recognizes that the recent natural disasters may impede efforts to comply with ERISA for the next few months. The Fact Sheet provides guidance on relief that is available for certain ERISA requirements for employee benefit plans. The DOL also released an FAQ directed toward participants and beneficiaries of employee benefit plans that have been impacted by the recent natural disasters. The FAQ addresses health benefit questions and retirement benefit questions.

Question of the Month

  1. How does a person who is 65 years old or older maintain HSA eligibility and continue working? Also, when the person plans to retire, what should the person do about HSA contributions to avoid IRS penalties?
  2. To maintain health savings account (HSA) eligibility, an individual who is working and age 65 or older must:
  • Not apply for or waive Medicare Part A, and
  • Not apply for Medicare Part B, and
  • Waive or delay Social Security benefits.

For example, if a person delays Social Security benefits and delays Medicare Part A and B, retires at the end of April at an age over 65, and applies for Social Security benefits and Medicare on May 1, 2019, then the general rule is that the person’s Social Security entitlement and Medicare Part A coverage will be retroactive for six months, but no earlier than the person’s first month of eligibility. In this example, if the person retired and applied for Medicare at age 67, then Medicare benefits would be retroactively effective as of November 2018.

IRS regulations state that a person can’t contribute to an HSA when the person has Medicare, so a person would need to stop contributing six months in advance of applying for Social Security benefits and Medicare. If a person contributes to an HSA after Medicare coverage begins, then the person may be subject to IRS penalties.

4/10/2019


How to Develop an Attitude of Gratitude Towards Employees

Employees are more likely to trust their employers who recognize their value. Read this blog post from SHRM to learn how you can develop an attitude of gratitude towards your employees.


Many companies plan to boost employee engagement in 2019. With benefits for both employees and employers, the strategy is easy to understand. What’s more, a strong employee recognition program can set your company apart in a tight job market.

Indeed, we find that demonstrating pride in our employees leads them to take pride in our company. A human-centric approach creates a company culture that puts workers first. Employees are more likely to trust (and feel trusted by) companies that recognize their value.

Putting employees first can also pay big dividends to the bottom line– a strong connection exists between employee trust and company performance. Companies with high degrees of worker trust consistently outperform in terms of productivity, innovation and retention. Happier employees also contribute to a positive company culture.

That positive culture can stretch far beyond the office walls. When job seekers research your company on social media and third-party review sites – something nearly everyone does these days – they will see positive feedback from your employees. This sets your company apart from the crowd and can help attract top talent to your organization.

Creative ways to show you care

When you recognize the value your employees bring, you demonstrate the company’s values of gratitude and appreciation. Don’t just assume employees already know you think they are amazing, show them. Here are some ideas to help you acknowledge employee contributions:

  • Reserve a designated “thank you” time during staff meetings – This provides a chance for managers and team members to express gratitude towards each other.
  • Implement a weekly email “shout-out” campaign – Spread recognition of top performers to the entire firm on a weekly basis.
  • Recognize individual successes with quarterly awards – Prizes for notable achievements and employees who consistently give 110 percent cannot be overvalued.
  • Provide special well-being perks to all – Ideas include reimbursing employees for fitness classes, books or purchases of apps that promote healthy living. Provide periodic yoga classes, chair massages or meditation sessions.
  • Plan special team celebrations after wrapping up a big project – Consider generational differences and crowdsource ideas so employees get something they really want.
  • Arrange annual team retreats packed with fun activities.

When companies celebrate their employees, everyone wins. Employees are happier. There is less burnout and turnover. We have seen a myriad of bottom-line benefits from on-going employee appreciation programs at Indeed. Recognition truly transforms workers, teams and companies.

SOURCE: Wolfe, P. (4 April 2019) "How to Develop an Attitude of Gratitude Towards Employees" (Web Blog Post). Retrieved from https://blog.shrm.org/blog/how-to-develop-an-attitude-of-gratitude-towards-employees


HR’s newest mission: Building a culture of trust

Fifty-eight percent of people report that they trust strangers more than their own bosses, according to a Harvard Business Review survey. Continue reading this blog post to learn more about building a culture of trust.


NEW YORK -- In an environment of workplace uncertainty and change, building or even just maintaining trust can be a herculean task for employers.

Indeed, 58% of people say they trust strangers more than their own bosses, according to a Harvard Business Review survey. Trust is a critical component to creating a happy and effective workplace, Andrew Ross Sorkin, co-anchor of CNBC’s “Squawk Box,” said Tuesday at CNBC’s @Work Talent and HR event in New York City.

So how can HR professionals build employee trust? It begins with getting them to believe they have their employees’ best interests at heart.

“I don’t think we’d ever be satisfied until everyone felt that way,” said Jayne Parker, senior executive vice president and CHRO at the Walt Disney Company. “We do a lot of research to look at this because we know how important trust is.”

About 30% of workers aren’t happy with their jobs, according to a recent CNBC/SurveyMonkey survey. Factors contributing to an employee’s sense of work satisfaction are pay, opportunity, autonomy, recognition and meaning, Jon Cohen, SurveyMonkey’s chief research officer, said during another session at the event.

“Workers want to trust their managers and believe they want them to succeed,” Cohen said. “Of the employees who don’t trust their boss, two-thirds said they’d consider quitting.”

With a company the size of Disney, developing teams and building trust within those individual units can translate to overall company trust. Disney has worked hard, Parker said, to make sure employees can say, “I trust the person I work for. I trust they’ll treat me with sincerity.”

Indeed, 65% of employees who don't trust their direct supervisors to provide them opportunities to advance their careers have considered quitting their jobs in the last three months, according to the survey, which was discussed at the event. Conversely, just 17% of people who trust their supervisors "a lot" to advance their career have considered quitting.

SurveyMonkey asked 9,000 U.S. workers whether they were satisfied with their jobs; 85% of respondents said they were “somewhat satisfied” with their work. However, these results shouldn’t give employers comfort, says Cohen. Those employees still have plenty of reasons to look for new jobs — uncertainty being one of them.

“The happiness people report at work is real, but the anxiety is real too,” Cohen says.

Disney recently closed its $71.3 billion deal to acquire large swaths of Fox’s entertainment segment. As such, there is insecurity within the offices of both entertainment giants, Parker explained.

As the closing date approached, reports started circulating that employees of both companies were expecting layoffs. In a situation like this distrust starts to emerge and people begin to ask “backstabbing questions,” Parker said. Employees want to know who will have their back. It’s up to the employer to be as transparent as possible and be honest that there will be changes made.

The employee may not happily skip off after this conversation, but they can have a better understanding of what is going on, easing the tension of the situation.

“We spent the past year focusing on sincerity and authenticity,” Parker said of the merger. “We have to be honest that there is going to be change in the company.”

SOURCE: Schiavo, A.; Webster, K. (3 April 2019) "HR’s newest mission: Building a culture of trust" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/hr-mission-to-build-a-workplace-culture-of-trust?brief=00000152-14a7-d1cc-a5fa-7cffccf00000


What Employers Need to Know About Successful Second Chance Hiring

It was pretty standard to assume if you checked the "have you been convicted of a felony" box, you weren't going to get the job you were applying for. Now, many companies are beginning to explore untapped talent pools and unlikely candidates. Continue reading to learn more.


Between the First Step Act bill being passed and SHRM's efforts towards Getting talent back to work, there are a lot of discussions opening up around second chance hiring. Before, it was pretty standard to assume that if you checked that box of "have you been convicted of a felony," you weren't going to get the job.

Today, our unemployment rate is the lowest it's ever been - forcing companies to explore untapped talent pools and unlikely candidates. As the Founder of a staffing agency for second chances, this makes me very excited. But it also frightens me.

I have worked with inmates, felons, and people in recovery over the past five years by helping them find their passion and meaningful employment. It is not as simple as making a decision to hire people with a criminal background. With this being such a hot topic, I thought I'd give a few tips for those considering hiring people with a criminal background.

1. Non-violent drug charges aren't always the safest bet.

I hear it all the time. And usually people who have never been arrested or spent time in prison. They talk about just hiring people who have non-violent drug charges. In my personal experience, those are usually some of my more difficult cases. A lot of people with non-violent drug charges have one of two addictions: 1. making fast money OR  2. doing drugs. Relapse for either of these are more likely if an individual isn't seeking proper treatment or counseling. A job opportunity alone isn't always enough to keep someone on the right path. I have noticed that my best employees are the most unlikely and most overlooked: Those who lost the most. AKA: People who spent time in prison for harsher charges such as assault, robbery or murder.

2. People who spent time in prison are great manipulators.

Manipulation is a skill best learned in prison. Inmates are very resourceful and know how to get what they want. This is why the formerly incarcerated individuals who are reformed make amazing sales people, debt collectors or call center representatives. But we won't always have a reformed person with a change of heart sitting across from us as we are interviewing for a position. Even your greatest "people-reading" employee can be tricked into making the wrong hire if they are not educated on what to look for and what to ask in the interviewing process. Making the right second chance hire can grow your business tremendously but only if you make strategic hires and give the right second chances to the right people. Not everyone wants to change and we have to accept that as a possibility for responsible hiring.

3. Second chance hiring isn't charity.

When people talk about giving a second chance, it always sounds very charity or philanthropy-like. While I'm glad these discussions are happening, I'm disappointed people speak about second chance hiring like it's a favor to someone. It's actually a favor to your company to bring in a hungry, hard-working, loyal employee that will be grateful you gave them a chance. Growing a team of second chance employees can literally grow your business faster. Your second chance hires will go the extra mile, stay late and come in early. Not for a raise or recognition, but to help grow the company that helped grow them. An organic tea company came to us to make their first official second chance hire a year ago. Today, they've hired 70 people who have a criminal background.

When I first started my company, a for-profit staffing agency for second chances, people thought I was crazy. (I am, proudly) But it seemed like a far-fetched goal to bank on the success of felons. I knew how effective second chance hiring would be, so instead of starting a non-profit and spending my time raising money, I wanted to raise men and women through meaningful job placements. I have seen first-hand the successes and failures when it comes to helping people coming out of prison find employment. My biggest fear is that we are going to successfully create an awareness for second chance hiring and see poor results because of lack of education or tools. This could hurt the reputation of what we are trying to do and hurt the reputation of people who really do deserve real opportunities and have transformed their lives.

SOURCE: Garcia, C. (4 April 2019) "What Employers Need to Know About Successful Second Chance Hiring" (Web Blog Post). Retrieved from https://blog.shrm.org/blog/what-employers-need-to-know-about-successful-second-chance-hiring

This post is the first in a series for Second Chance Month, which highlights the need to improve re-entry for citizens returning to society and reduce recidivism. One of the primary ways to do this is by providing an opportunity for gainful employment. To sign the pledge and access the toolkit with information on how to create second chances at your company, visit GettingTalentBacktoWork.org.  


Half of older Americans have nothing in retirement savings

A U.S. Government Accountability Office estimate for 2016 revealed that of those Americans 55 and older, 48 percent had nothing saved in a 401(k) or an individual retirement account. Continue reading to learn more.


The bad news is that almost half of Americans approaching retirement have nothing saved in a 401(k) or other individual account. The good news is that the new estimate, from the U.S. Government Accountability Office, is slightly better than a few years earlier.

Of those 55 and older, 48% had nothing put away in a 401(k)-style defined contribution plan or an individual retirement account, according to a GAO estimate for 2016 that was released Tuesday. That’s an improvement from the 52% without retirement money in 2013.

Two in five of such households did have access to a traditional pension, also known as a defined benefit plan. However, 29% of older Americans had neither a pension nor any assets in a 401(k) or IRA account.

The estimate from the GAO, the investigative arm of Congress, is a brief update to a more comprehensive 2015 report on retirement savings in the U.S. Both are based on the Federal Reserve’s Survey of Consumer Finances.

The previous report found the median household of those age 65 to 74 had about $148,000 saved, the equivalent of an inflation-protected annuity of $649 a month.

“Social Security provides most of the income for about half of households age 65 and older,” the GAO said.

The Employee Benefit Research Institute estimated earlier this month that 41% of U.S. households headed by someone age 35 to 64 are likely to run out of money in retirement. That’s down 1.7 percentage points since 2014.

EBRI found these Americans face a combined retirement deficit of $3.83 trillion.

SOURCE: Steverman, B.; Bloomberg News (27 March 2019) "Half of older Americans have nothing in retirement savings" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/articles/half-of-older-americans-have-no-retirement-savings


The HR tech disconnect: Are there too many digital tools?

Eighty-seven percent of HR professionals reported that having tools that integrate with existing technology is key, according to a new survey of more than 500 HR employees. Read this blog post to learn more.


Investing in new technology that combines with current systems looks to be a priority for HR departments.

That’s according to a new survey of more than 500 HR employees from Reward Gateway, which found that 87% of HR professionals say having tools that integrate into their existing technology is key.

That priority is likely due to the fact that HR technology is siloed, the employee engagement technology company found. Many employers use separate platforms for tasks relating to employee communication, recognition, applicant tracking, onboarding and performance management.

More than a fifth of companies use 10 or more different systems and applications at work, and roughly 60% are using more than five systems every day. In addition, HR professionals spent 512 hours a year, nearly two hours a day, manually checking, responding to and keeping up with multiple HR applications, Reward Gateway says.

“Many companies have systems-of-record in place with up-to-date details on their employees,” says Will Tracz, chief technology officer at Reward Gateway. “Creating and maintaining data in other systems, outside of this, often takes time and is prone to error, particularly in fast-moving businesses.”

The new survey echoes similar findings, which indicate that while employers may be increasingly using HR tech, they may not be doing so efficiently. For instance, research from the Association of Executive Search and Leadership Consultants found that HR departments could be dropping the ball when it comes to using HR technology.

Karen Greenbaum, president and CEO of AESC told Employee Benefit News in November that total digital transformation is about more than just implementing new tech in the office.

“It’s not just, ‘Do they understand what artificial intelligence means,’ or what augmented reality means,” she says. “[It’s] ‘Do you really have an organization that can adapt to a new world?’”

Still, HR leaders are turning to tech solutions. Data from global talent acquisition and management firm Randstad Sourceright found that HR departments are going on a tech “buying spree.” The vast majority (92%) of those in the Randstad survey of more than 800 C-suite and HR leaders and 1,700 professionals believe that technology enhances the attraction, engagement and retention of talent.

Reward Gateway received similar responses. HR teams are hoping new tech will not only integrate with existing systems, but also help them achieve their goals, which include higher employee engagement, increased productivity and attracting talent.

SOURCE: Hroncich, C. (29 March 2019) "The HR tech disconnect: Are there too many digital tools?" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/news/hr-tech-disconnect-are-there-too-many-digital-tools?brief=00000152-146e-d1cc-a5fa-7cff8fee0000


DOL Focuses on ‘Joint Employer’ Definition

Recently, the Department of Labor (DOL) announced a proposed rule that narrows the definition of "joint employer" under the Fair Labor Standards Act (FLSA). Continue reading to learn more about this proposed rule.


The U.S. Department of Labor (DOL) announced on April 1 a proposed rule that would narrow the definition of "joint employer" under the Fair Labor Standards Act (FLSA).

The proposed rule would align the FLSA's definition of joint-employer status to be consistent with the National Labor Relations Board's proposed rule and update the DOL's definition, which was adopted more than 60 years ago.

Four-Factor Test

The proposal addresses the circumstances under which businesses can be held jointly responsible for certain wage violations by contractors or franchisees—such as failing to pay minimum wage or overtime. A four-factor test would be used to analyze whether a potential joint employer exercises the power to:

  • Hire or fire an employee.
  • Supervise and control an employee's work schedules or employment conditions.
  • Determine an employee's rate and method of pay.
  • Maintain a worker's employment records.

The department's proposal offers guidance on how to apply the test and what additional factors should and shouldn't be considered to determine joint-employer status.

"This proposal would ensure employers and joint employers clearly understand their responsibilities to pay at least the federal minimum wage for all hours worked and overtime for all hours worked over 40 in a workweek," according to the DOL.

In 2017, the department withdrew an interpretation that had been issued by former President Barack Obama's administration that broadly defined "joint employer."

The Obama-era interpretation was expansive and could be taken to apply to many companies based on the nature of their business and relationships with other companies—even when those relationships are not generally understood to create a joint-employment relationship, said Mark Kisicki, an attorney with Ogletree Deakins in Phoenix.

The proposed test aligns with a more modern view of the workplace, said Marty Heller, an attorney with Fisher Phillips in Atlanta. The test is a modified version of the standard that some federal courts already apply, he noted.

Additional Clarity

Significantly, the proposed rule would remove the threat of businesses being deemed joint employers based on the mere possibility that they could exercise control over a worker's employment conditions, Heller said. A business may have the contractual right under a staffing-agency or franchise agreement to exercise control over employment conditions, but that's not the same as doing so.

The proposal focuses on the actual exercise of control, rather than potential (or reserved) but unexercised control, Kisicki explained.

The rule would also clarify that the following factors don't influence the joint-employer analysis:

  • Having a franchisor business model.
  • Providing a sample employee handbook to a franchisee.
  • Allowing an employer to operate a facility on the company's grounds.
  • Jointly participating with an employer in an apprenticeship program.
  • Offering an association health or retirement plan to an employer or participating in a plan with the employer.
  • Requiring a business partner to establish minimum wages and workplace-safety, sexual-harassment-prevention and other policies.

"The proposed changes are designed to reduce uncertainty over joint employer status and clarify for workers who is responsible for their employment protections, promote greater uniformity among court decisions, reduce litigation and encourage innovation in the economy," according to the DOL.

The proposal provides a lot of examples that are important in the #MeToo era, said Tammy McCutchen, an attorney with Littler in Washington, D.C., and the former head of the DOL's Wage and Hour Division under President George W. Bush.

Importantly, companies would not be deemed joint employers simply because they ask or require their business partners to maintain anti-harassment policies, provide safety training or otherwise ensure that their business partners are good corporate citizens, she said.

Review Policies and Practices

Employers and other interested parties will have 60 days to comment on the proposed rule once it is published in the Federal Register. The DOL will review the comments before drafting a final rule—which will be sent to the Office of Management and Budget for review before it is published.

"Now is the time to review the proposal and decide if you want to submit a comment," Heller said. Employers that wish to comment on the proposal may do so by visiting www.regulations.gov.

"Take a look at what's been proposed, look at the examples in the fact sheet and the FAQs," McCutchen said. Employers may want to comment on any aspects of the examples that are confusing or don't address a company's particular circumstances. "Start thinking about your current business relationships and any adjustments that ought to be made," she said, noting that the DOL might make some changes to the rule before it is finalized.

"The proposed rule will not be adopted in the immediate future and will be challenged at various steps by worker-advocacy groups, so it will be quite some time before there is a tested, final rule that employers can safely rely upon," Kisicki said.

SOURCE: Nagele-Piazza, L. (1 April 2019) "DOL Focuses on ‘Joint Employer’ Definition" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/labor-department-seeks-to-revise-joint-employer-rule.aspx