Artificial intelligence enthusiasm outpacing adoption

Is your business utilizing artificial intelligence and machine learning? According to new survey findings, adoption of both is lagging among key decision makers. Read this blog post to learn more.


Artificial intelligence and machine learning have become essential for organizations to stay competitive. But adoption is lagging even among key decision-makers championing change.

That is the finding of a new survey by the RELX Group, a global provider of information and analytics. The company surveyed 1,000 U.S.-based senior executives across government, healthcare, insurance, legal, science/medical and banking in September 2018, and found that 88% agree that AI and machine learning will help their businesses be more competitive.

While the value of the technologies is clear to executives, only 56% of organizations use machine learning or AI. In addition, only 18% of those surveyed plan to increase investment in these technologies.

“Organizations [that] can successfully use emerging technologies such as AI and machine learning to provide their customers with better products and advanced analytics can emerge as the leaders of the future,” said Kumsal Bayazit, chairman of RELX Group’s Technology Forum.

“While awareness of these technologies and their benefits is higher than ever before, endorsement from key decision makers has not been enough to spark matching levels of adoption,” Bayazit said.

The study showed that AI and machine learning are making their mark, with 69% of those surveyed saying the technologies have had a positive impact on their industry. Machine learning and AI are helping solve challenges by automating decision processes (cited by 40%); improving customer retention (36 percent); and detecting fraud, waste and abuse (33%).

SOURCE: Violino, B. (2 January 2019) "Artificial intelligence enthusiasm outpacing adoption" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/artificial-intelligence-enthusiasm-outpacing-adoption?feed=00000152-a2fb-d118-ab57-b3ff6e310000


E-Verify Is Down. What Do Employers Do Now?

What do employers do now that  E-Verify, the federal government's electronic employment verification system, is down? The system compares employee information with the DHS and Social Security Administration (SSA) records to confirm employment eligibility. Read on to learn more.


What are employers supposed to do now that E-Verify—the federal government's electronic employment verification system—has expired?

Funding and congressional authorization for the program ran out Dec. 22, 2018, as the government went into a partial shutdown after Congress and the White House could not agree on how to fund some agencies, including the U.S. Department of Homeland Security (DHS), which administers the system, for fiscal year 2019.

E-Verify compares information from an employee's Form I-9 to DHS and Social Security Administration (SSA) records to confirm employment eligibility. Employers enrolled in the program are required to use the system to run checks on new workers within three days of hiring them.

During the government shutdown, employers will not be able to enroll in E-Verify, initiate queries, access cases or resolve tentative non-confirmations (TNCs) with affected workers.

All employers remain subject to Form I-9 obligations, however. "Remember that the government shutdown has nothing to do with an employer's responsibilities to complete the Form I-9 [in a timely manner]," said Dawn Lurie, senior counsel in the Washington, D.C., office of Seyfarth Shaw. "Specifically, employees are required to complete Section 1 of the I-9 on or before the first day of employment, and employers must complete Section 2 of the I-9 no later than the third business day after an employee begins work for pay."

No Cause for Alarm

Lurie advised employers not to panic while E-Verify is down. "Employers will not be penalized as a result of the E-Verify operations shutdown," she said. "Employers will not be penalized for any delays in creating E-Verify cases. However, employers are reminded that they must continue to complete I-9s in compliance with the law, and when E-Verify becomes available, create cases in the system."

To minimize the burden on both employers and employees, DHS announced that:

  • The three-day rule for creating E-Verify cases is suspended for cases affected by the unavailability of the service. "Normally, the employer enters information from the I-9 into E-Verify within three days of hire, but that won't be possible while the system is unavailable," said Montserrat Miller, a partner in the Atlanta office of Arnall Golden Gregory. "DHS will provide a window of time to submit those held cases once service resumes."
  • The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is unavailable will not count toward the days the employee has to begin the process of resolving a TNC. "Employers can't take any adverse action against a worker with a pending TNC regardless, shutdown or not," Miller said. Currently, an employee who chooses to contest a TNC must visit an SSA field office or call DHS within eight federal government working days to begin resolving it. This period will have to be extended because of the shutdown, she added.
  • Additional guidance regarding the three-day rule and time period to resolve TNC deadlines will be provided once operations resume.

Amy Peck, an immigration attorney with Jackson Lewis in Omaha, Neb., advised employers to keep track of all new hires with completed I-9s for whom there are no E-Verify queries due to the shutdown. She also recommended attaching a memo in a master E-Verify file tracking the days that the program was unavailable. "I've seen the discrepancy come up years later during an audit," she said.

"Once the system is back up, work with counsel on how much time employees have to resolve their TNCs," Peck said. "Someone receiving a TNC the day before the shutdown is a different case than somebody who had 10 days to resolve their TNC when the shutdown occurred. Those circumstances should be considered on a case-by-case basis."

Federal contractors with a federal acquisition regulation E-Verify clause should contact their government contracting officers to extend deadlines. "Federal contractors have a particular concern because nobody is supposed to be working who has not been verified through the system," Peck said. "People can be hired, but whether they are allowed to work on the contract before being run through E-Verify is a critical consideration that should be discussed with counsel."

Prepare for the Resumption of Service

Miller said employers should monitor the shutdown. "When it is over, log in to the system and see what instructions there are for creating and submitting queries," she advised. "There is an obligation to create those queries if you are enrolled in the program, even if enrolled voluntarily."

The backlog created as a result of the shutdown might have a significant impact on employers that process many E-Verify cases and specifically on the HR staff and other team members in charge of the process.

"Not all employers will be able to push all their cases through at once when the shutdown ends," Miller said. "If everyone did that, the system would crash. DHS will provide instructions on how to submit queries. Employers will be asked why the query is being submitted after the required three days. In the past, 'Government Shutdown' was one of the options in the drop-down menu."

Peck reminded employers that the loss of E-Verify does not mean there is a prohibition against hiring. "Companies should continue to hire as they need," she said.

SOURCE: Maurer, R. (3 January 2019) "E-Verify Is Down. What Do Employers Do Now?" (Web Blog Post). Retrieved from https://www.shrm.org/ResourcesAndTools/hr-topics/talent-acquisition/Pages/EVerify-Outage-What-Do-Employers-HR-Do.aspx


Why it might be time to say goodbye to exit interviews

Have you ever taken part in an exit interview? While the concept seems sound, many companies, large and small, are ending the practice of exit interviews. Read this blog post to learn more.


The exit interview is a long-time staple of HR departments. But an increasing number of companies large and small are ending the practice of asking departing workers to sit down for a final interview.

The concept seems sound. You can take the opportunity to hear unvarnished opinions about what your company or team does well and what it needs to improve on, and then take that back to management and implement changes that’ll help attract and retain great talent.

In practice, however, the process is often uncomfortable and many HR pros report that the folks who are interested in talking are often the ones who complained the most while on the payroll. The litany of gripes and rehashed personality clashes rarely adds much to the organization’s insight into building a better workplace.

If you can’t say anything nice…

Most of the rest, if they even will agree to an exit interview – and you can’t make them do that, of course – are going to be very careful to say only positive or neutral things about their experience at your organization. That helps to prevent bridge burning for them, in case they ever want to come back or they run into a colleague at a job interview later in their career. But for your team, the result is likely the same as with the complainer in the first example: A one-sided, probably inaccurate picture of what you are doing right and how you can improve in areas that need work.

Finally, much of the work your HR team does to schedule an interview as workers are packing up their personal stuff is likely to be wasted. Advice on employee-focused employment websites and other social media leans heavily towards “How to Avoid the Exit Interview.” Suggested tactics range from saying you can’t spare the time because you don’t want to leave your soon-to-be-ex colleagues hanging to asking to schedule after the leave date and then just ghosting the phone call altogether.

It’s still worthwhile to do a formal review to close out individual projects and to debrief contractors as they wrap up, but it’s probably time to say goodbye to the “tell us what you really think” sessions with employees who have decided to move on.

SOURCE: McElgunn, T. (27 December 2018) "Why it might be time to say goodbye to exit interviews" (Web Blog Post). Retrieved from http://www.hrmorning.com/why-it-might-be-time-to-say-goodbye-to-exit-interviews/


7 Steps to Running Better Meetings

Are your employees engaged during meetings? According to a recent survey by Accountemps, office workers spend 21 percent of their time in meetings and feel that 25 percent of it is wasted. Continue reading to learn more.


We love to hate meetings. We groan about how annoying they are. We crack jokes about how much time gets wasted, about bureaucracy run amok.

But it’s not really a laughing matter.

Poorly run meetings can sap the lifeblood out of an organization. Not only are they mentally draining, but they can leave staff disengaged and demoralized, experts say.

On average, office workers spend 21 percent of their time in meetings and feel 25 percent of it is wasted, according to the results of a recent survey of 1,000 employees by Accountemps. One of the top complaints was that meetings are called to relay information that could have been communicated via e-mail.

Managers are also dissatisfied. In a Harvard Business School study last year, researchers found that 71 percent of the 182 senior managers interviewed said meetings were unproductive and inefficient, and 65 percent said meetings kept them from completing their work.

Fortunately, leaders can help improve how meetings are run. Indeed, their behavior is critical to achieving better results and a more positive outlook and engagement from employees, according to a 2017 study published in the Journal of Leadership & Organizational Studies. In an earlier University of North Carolina study, researchers found a link between how workers feel about the effectiveness of meetings and their job satisfaction.

Other studies have found that dysfunctional communication in team meetings can have a negative impact on team productivity and the organization’s success.

What happens in these gatherings is a reflection of the workplace culture, experts say.

“It gets down to identity and performance,” says J. Elise Keith, co-founder of Lucid Meetings in Portland, Ore., and author of Where the Action Is (Second Rise, 2018). “The way in which an organization runs its meetings determines how it views itself.”

“Bad meetings are almost always a symptom of deeper issues,” Keith notes in her book.

Unfortunately, many business leaders don’t receive adequate training on how to manage or facilitate meetings, she says. “I believe that a lot of leaders have bought into the idea that poor meetings are inevitable.”

Here are 7 steps to making the time employees spend together more meaningful:

1. Prepare. Are you clear on the meeting’s purpose? What is your desired outcome? How will you achieve that?

More prep time is typically devoted to senior-level meetings compared to those held for individuals in lower-level positions, says Paul Axtell, a corporate trainer and author of Meetings Matter (Jackson Creek, 2015). He says that executive get-togethers are more effective “because people take them seriously.”

2. Limit the number of participants. The most productive meetings have fewer than eight participants, Axtell says. A larger group will leave some disengaged or resentful that their time is being wasted.

3. Send an agenda and background material in advance. If you want a thoughtful discussion, give your team members time to think about the problem or proposal that the meeting will focus on, he says.

4. Start and end on time. Don’t punish people for being punctual by waiting on late stragglers to get started. At the same time, it’s best not to jump right to the heart of the discussion in the first few minutes, Keith says. Provide a soft transition that will help those coming from other meetings to refocus.

5. Make sure all attendees can participate. One common complaint about meetings is that a few people tend to dominate the conversation. Call on other individuals to share what they think, Axtell says. Who is most likely to hold a different view? Who will be most affected by the outcome? Who has institutional knowledge that might be useful? Think about who to draw out on specific topics as you prepare. You’ll collect more ideas and leave participants with a more positive experience.

To feel good about work, people need to feel included and valued. “That means you have a voice and are allowed to express your opinions,” Axtell says.

Because you’re a leader, your views already hold more weight. If you share them too early, you may discourage others from presenting alternate perspectives. Focus on listening, and stay out of the discussion as long as you can, he says. You might learn something.

Avoid PowerPoint slides or other technology if it’s not required for an agenda item. They tend to shut down dialogue, Axtell says.

A surefire way for leaders to alienate participants is to use up most of the meeting time presenting a proposal and leave only a few minutes for questions and comments, Keith says. When people do speak up, thank them for their contributions. And use their ideas, she says.

6. Keep a written record. Posting the meeting agenda and taking notes that everyone can access will help keep participants on track. Unfortunately, many organizations fail to do so, Keith says. The written record ensures that faulty memories or differing interpretations don’t lead people down the wrong path. Are the notes detailed enough to allow you to tackle the action items days later? Are the deadlines reasonable? Be realistic. It doesn’t help the team to accept a giant list of action items that it likely can’t complete, she says.

7. Follow up. What percentage of the action items get completed by the deadlines? If you don’t achieve 85 percent, participants’ sense of effectiveness breaks down and they may disengage, Axtell says. Most groups complete just 50 percent to 60 percent.

“Whether you pay attention to them or not, meetings are in fact where your teams and your people are learning how they should behave and what they should be doing,” Keith says. “So identify the specific types of meetings your organization needs to run. Find great examples of how to run those meetings. You shouldn’t have to invent it. And set up a system that people can use successfully to become the organization that you want to become.”

SOURCE: Meinert, D. (30 October 2018). "7 Steps to Running Better Meetings" (Web Blog Post). Retrieved from https://www.shrm.org/hr-today/news/hr-magazine/1118/pages/7-steps-to-running-better-meetings.aspx/


How to Handle Employee Requests for Time Off to Vote

Did you know how to handle employee requests for time off to go and vote last Tuesday? Laws related to voting leave varies between states, leaving some employers questioning how they should address employee requests. Read on to learn more.


Many employees will be eligible to cast their ballot on Nov. 6, but will they have time to vote? Some states require employers to give workers time off to vote, and even in states that don't, some businesses are finding other ways to get employees to the polls.

With Election Day around the corner, employers should be mindful that, while no federal law provides employees leave to vote, many states have enacted laws in this area, said Marilyn Clark, an attorney with Dorsey & Whitney in Minneapolis. Depending on the state, employers may have to give workers notice about their voting rights and provide paid or unpaid time off to vote.

Even in states where there is no voting leave law, it is good practice to let employees take up to two hours of paid time off to vote if there isn't enough time for the employee to vote outside of working hours. "Encouraging and not discouraging employees should be the general rule," said Robert Nobile, an attorney with Seyfarth Shaw in New York City.

Encourage Employees

"Here in the United States, too many people don't vote because they don't have time due to jobs, child care and other responsibilities," said Donna Norton, executive vice president of MomsRising, an organization of more than 1 million mothers and their families. "Getting to the polls can be especially challenging for people in rural communities [or] single-parent households, and those who are juggling multiple jobs."

About 4 in 10 eligible voters did not vote in the 2016 presidential election, according to research conducted by Nonprofit VOTE and the U.S. Elections Project. And voter turnout has been historically lower for midterm elections, such as this year's, which are held near the midpoint of a president's four-year term, according to Pew Research Center.

"Businesses can help solve this problem by making sure that all employees have paid time off to vote," Norton said.

Some employers are offering solutions by making Election Day a corporate holiday, offering a few hours of paid time off for employees to vote and giving employees information about early and absentee voting, according to TheWashington Post.

Giving employees time off to participate in civic or community activities tends to improve worker performance, said Katina Sawyer, Ph.D., an assistant professor of management at George Washington University. Employers who are offering paid time off to vote will likely reap the benefits through improved employee attitudes and performance.

Know the Law

Employers in states with voting-leave laws should be familiar with the specific requirements, as some state laws have a lot of details. Even in states without such laws on the books, employers should check to see if there are any local voting leave ordinances in their cities.

Employers required to give workers time off to vote should plan for adequate work coverage to ensure that all employees can take time off, Clark said.

In many states, the employer may ask workers to give advance notice if they need time off and may require that workers take that leave at a specific time of the workday. In some states where leave is paid, employers might have the right to ask employees to prove they actually voted. Most states prohibit employers from disciplining or firing an employee who takes time off from work to vote.

"Ultimately, fostering an environment that generally encourages employees to exercise this important right is a good practice to mitigate the risk of a potential retaliation claim," Clark said.

Although state laws vary, "the general theme across the U.S. with respect to voting laws is that employees will be given time off to vote if there is insufficient time between the time the polls open and close within the state and the time employees start and finish work," Nobile said. "Typically, two to three consecutive nonworking hours between the opening and closing of the polls is deemed sufficient."

Some state laws provide unpaid leave to vote or do not address whether the leave must be paid. Oregon and Washington no longer have voting leave laws because they are "vote-by-mail" states.

voting leave laws.jpg

In some states, such as California and New York, employers must post notices in the workplace before Election Day to inform employees of their rights. Employers might have to pay penalties if they don't comply.

The consequences for denying employees their voting rights can be harsh, with some states even imposing criminal penalties, Clark noted.

Create a Policy

At a minimum, employers should adopt a policy spelling out the voting rights available to employees under applicable laws, Clark said. For businesses that operate in states that don't have a voting-leave law, employers may still wish to adopt a policy outlining their expectations about time off for voting.

Multistate employers may elect to adopt a single policy that includes the most employee-friendly provisions of the state and local laws that cover them. "By taking this approach, employers avoid the administrative burden of adopting and promulgating multiple policies for employees working in different locales," Clark said. All voting-leave policies should be sure to include strong anti-retaliation provisions, which make clear that the employer will not take any adverse action against employees for exercising their voting rights.

"It's important to remember that the law sets the floor," said Bryan Stillwagon, an attorney with Sherman & Howard in Atlanta. "Companies with the happiest and most-engaged employees recognize that positive morale comes from doing more than what is required."

Nagele-Piazza, L. (29 October 2018) "How to Handle Employee Request for Time Off to Vote" (Web Blog Post). Retrieved from https://www.shrm.org/ResourcesAndTools/legal-and-compliance/state-and-local-updates/Pages/How-to-Handle-Employee-Requests-for-Time-Off-to-Vote.aspx

Dana Wilkie contributed to this article. 


6 Books on the Future of Work That Every HR Professional Should Read

What are you doing to prepare strategically for the future of work? Organizations have seen tremendous changes in the global economy and technological innovation in the past 50 years. Read on for six books on the future of work that every HR professional should read.


As HR professionals and organizational leaders, it seems we are increasingly bombarded with messages about disruptive innovations and the changing nature of work. While calls to prepare strategically for the "future of work" might sometimes seem over-the-top, it doesn't change the fact that we've seen tremendous shifts in the global economy (including the labor economy) and technological innovation over the past 50 years that have had significant implications for the nature of work.

So what do the next 50 years have in store for organizations and workers? How will disruptive technologies like robotics, artificial intelligence/machine learning, pharmacogenetics, quantum entanglement, virtual presence/augmented reality, 3-D printing, and blockchain (among many others) influence future labor markets?

Here are six books I believe every HR professional and organizational leader should read to better understand these trends and the drivers influencing the shifting trajectories in the future of work.

1.  The Future of the Professions: How Technology Will Transform the Work of Human Experts(Oxford University Press, 2017) by Richard Susskind and Daniel Susskind

The Future of the Professions closely examines the intersection of rapidly advancing innovative technologies and the shifting nature and transformation of work and the professions, providing theoretically grounding and ample examples of emerging technologies, organizations and work arrangements. It is intended for organizational leaders and policy practitioners of all stripes who are interested in the effects of disruptive technologies on the future of work.

2. The Future of Work: Robots, AI, and Automation (Brookings Institution Press, 2018) by Darrell M. West

In The Future of Work, West sees the U.S. and the world at a "major inflection point" where we have to grapple with the likely impact of an increasingly automated and technologically advanced society on work, education and public policy. The insights provided will be useful to those who manage others and to those who are managed in the workplace of the future.

3. Rise of the Robots: Technology and the Threat of a Jobless Future (Basic Books, 2016) by Martin Ford

Rise of the Robots is a somewhat unsettling vision of a future world dominated by artificial intelligence, machine learning and highly automated industries, where most members of the current workforce find themselves replaced by technology and machines; in other words, a jobless future. Based on recent economic and innovation trends, Ford argues that the rapid technological advancement will ultimately result in a fundamental restructuring of corporations, governments and even entire societies as middle-class jobs gradually disappear, economic mobility evaporates and wealth is increasingly concentrated among the elite super-rich.

4. Gigged: The End of the Job and the Future of Work (St. Martin's Press, 2018) by Sarah Kessler

Gigged examines the shifting psychological contract between organizations and workers, discusses trends in the organization of work, and documents the movement in recent decades away from traditional employment models and toward part-time work and contingent employment arrangements such as independent contracting and project-based "gig" work. While such work has always been a part of informal economies around the world, the trend is increasingly common in traditional organizations as well, bolstered by the success of companies like Uber and Airbnb.

5. The Future of Work: Attract New Talent, Build Better Leaders, and Create a Competitive Organization (Wiley, 2014) by Jacob Morgan

In The Future of Work, Morgan continues the argument that the world is changing at an accelerated pace. He demonstrates that the way we work today is fundamentally different from how previous generations worked (due to globalization, technological innovation and shifts in the composition of national economies) and suggests that the future of work will be drastically different from what we experience today (a shift from knowledge workers to learning workers), where employees can work anytime and anywhere and can use any devices.

6. Shaping the Future of Work: A Handbook for Action and a New Social Contract (MITxPress, 2017) by Thomas A. Kochan

Probably the most academic book on this list, Shaping the Future of Work acknowledges an increasingly digitized economy and examines the resulting shift in social contract with regard to work and the professions. Kochan provides a road map for what leaders across contexts need to do to create high-quality jobs and develop strong and successful businesses.

What Does All This Mean?

In the next 50 years, we will likely see:

  • A continually shifting geopolitical landscape.

  • Continued movement from linear organizations to a more latticed/connected framework.

  • The displacement of jobs and the hunt for talent in a more automated economy.

  • An increasingly mobile and flexible labor force, and a push toward a reskilling agenda within organizations to continually leverage human capital value.

  • Technological advancements that continue to disrupt traditional organizational models and shift the very nature of work and professions.

So what does this all mean for HR professionals and organizational leaders? What are the core competencies of organizations that are prepared for these technological disruptions? How does the shifting nature of work influence needed HR competencies?

Regardless of what the future holds, these are questions we need to be asking and discussions we need to be having so that we are prepared for the future of work.

SOURCE: Westover, J. (5 September 2018) "6 Books on the Future of Work That Every HR Professional Should Read" (Web Blog Post). Retrieved from https://www.shrm.org/hr-today/news/hr-magazine/book-blog/pages/6-books-on-the-future-of-work-that-every-hr-professional-should-read.aspx/


Checklist: Updating your employee handbook

Preparing or revising employee handbooks can be daunting and confusing. Guarantee you don’t miss any essential information with this simple employee handbook checklist:


When you are preparing or revising an employee handbook, this checklist may be helpful.

Acknowledgment

  • Do employees sign a signature page, confirming they received the handbook?
  • On the signature page, do employees agree to follow the policies in the handbook?
  • Does the signature page state that this handbook replaces any previous versions?
  • On the signature page, do employees agree that they will be “at-will” employees?
  • Do employees agree that the employer may change its policies in the future?

Wage and hour issues

  • Does the employer confirm that it will pay employees for all hours worked?
  • Before employees work overtime, are they required to obtain a supervisor’s approval?
  • During unpaid breaks, are employees completely relieved of all duties? (For example, while a receptionist takes an unpaid lunch break, this person shouldn’t be required to greet visitors or answer phone calls.)
  • Are employees paid when they attend a business meeting during lunch?
  • Are employees paid for attending in-service trainings?
  • Are employees paid while they take short breaks?

Paid Time Off

  • Has the employer considered combining vacation time, sick time, and personal time into one “bucket” of paid time off?
  • Does the paid time off policy line up with the employer’s business objectives? (For example, does it provide incentives for employees to use paid time off during seasons when business is slower?)
  • Does the handbook say what will happen to paid time off when employment ends? (In Pennsylvania, employers are not required to pay terminated employees for the value of their paid time off. Some employers choose to do this, as an incentive for employees to give at least two weeks’ notice.)
  • If the Family and Medical Leave Act (FMLA) applies to the employer, does the handbook inform employees of their rights?
  • Does the handbook list all types of leave that are available? (For example, does the employer offer bereavement leave? How about leave while an employee serves as a juror or witness? What about municipal laws that provide certain types of leave, such as paid sick leave?)

Reasonable accommodations

  • How should employees request a reasonable accommodation?
  • Does the employer permit employees with disabilities to bring service animals to work (Employers should avoid blanket policies that ban all animals.)
  • May employees deviate from grooming and uniform requirements for a religious reason, or a medical reason? (For example, an employee may have a religious reason to wear a headscarf, even if the employer has a blanket policy that would otherwise prohibit this.)

Discrimination and retaliation

  • Does the employer inform employees that they are protected against discrimination and retaliation?
  • Is there an accurate list of protected categories? (Confirm all locations where the employer does business. Some states or municipalities may provide employees with greater protection than federal law. Are there any categories, such as sexual orientation, that the employer should add?)
  • Do employees have a clear way to report discrimination and retaliation?
  • Is there more than one way to report discrimination and retaliation? (In other words, employees shouldn’t be required to make a report to the same person who they believe is committing acts of discrimination.)

Restrictive covenants/trade secrets

  • Are employees required to keep the employer’s information confidential?
  • Do employees confirm they are not subject to any restrictive covenants (such as non-compete agreements) that would limit their ability to work for the employer?
  • Are employees prohibited from giving the employer confidential information that belongs to a previous employer?

Labor law issues

  • If employees belong to a union, does the employer state that it doesn’t intend for the handbook to conflict with any collective bargaining agreement?
  • Does the employer have a content-neutral policy on soliciting and distributing materials in the workplace? (In general, if an employer wants to limit union-related communications, the employer must apply the same rules to solicitations which don’t involve a union.)
  • Does the handbook accurately reflect whether employees may wear union-related apparel, such as hats, buttons, T-shirts and lanyards?
  • Are employees permitted to discuss their wages with each other? (Some employers try to prohibit this, but the National Labor Relations Act entitles employees to discuss their wages with each other. This rule applies to all employers—whether or not they have a union.)

Other

  • If the employer has a progressive discipline policy, does the employer reserve the right to deviate from this policy?
  • Does the employer reserve the right to inspect company computers and email accounts?
  • Does the employer have a social media policy, or a medical marijuana policy?
  • If the employer has other policies, how do they fit together with the handbook? (Does it make sense to incorporate the policies into the handbook? Or, should the handbook clarify which other policies will remain in effect?)
  • Does the handbook contain any provisions that the employer is unlikely to enforce? (For example, does the handbook prohibit employees from using all social media? Does it prohibit employees from talking on the phone while driving?)

SOURCE: Lipkin, B (20 August 2018) "Checklist: Updating your employee handbook" (Web Blog Post). Retrieved from https://www.benefitspro.com/2018/08/20/is-your-employee-handbook-up-to-date-compare-it-wi/


3 questions to ask about paid leave programs

Paid leave is offered for numerous reasons. Employers want to attract new talent, promote employee well-being and more, but are they asking the right questions regarding the costs of these programs. Keep reading to learn about what questions employers need to be asking.


Employers provide paid time away from work policies for a variety of reasons: to attract and retain talent (responding to employee needs and changing demographics); to be compliant with local, state and federal laws (which are proliferating); and to support general employee well-being (recognizing that time away from work improves productivity and engagement).

While offering paid absence policies delivers value to both employees and the employers, employers recognize the need to balance the amount of available time with the organization’s ability to deliver its products and services.

To help employers balance paid time away drivers, here are three key questions to ask to get a handle on the costs and benefits of paid leave.

1. Do you have a complete picture of the costs associated with your employees’ time away from work?

A challenge for many employers is getting a handle on the cost of time away from work and the related benefits. If an employer cannot quantify the costs of absence, it may not be able to define management strategies or to engage leadership to adopt new initiatives, policies or practices related to paid and unpaid time away programs.

Ninety percent of employers participating in the 2017 Aon Absence Pulse Survey reported they hadn’t yet quantified the cost of absence, and 43 percent of participants identified defining the cost of absence as a top challenge and priority. Though intuitively managers and executives recognize there is an impact when employees are absent from work, particularly when an absence is unscheduled, they struggle to develop concrete and focused strategies to address absence utilization without the ability to measure the current cost and collectively the impact of new management initiatives.

Employers struggle to quantify the cost of absence in the context of productivity loss, including replacement worker costs. According to the Bureau of Labor Statistics in 2017, employers’ cost of productivity loss associated with absenteeism was $225.8 billion, and 9.6 percent of compensation was spent on lost time benefits and overtime.

Employers are expanding their view of absence, recognizing that use of paid and unpaid time away programs are often associated with an employee’s health. As a result, combining data across health and absence programs allows an employer to recognize drivers of absence “work-related value” and define strategies to address not just how to manage the absence benefit, but to target engagement to improve well-being and the organization’s bottom-line.

As an example, musculoskeletal conditions are frequently associated with absence, which is not surprising when 11 percent of the workforce has back pain. It is noteworthy that of those with back pain, 34 percent are obese, 26 percent are hypertensive and 14 percent have mood disorders. The Integrated Benefits Institute reported in 2017 that back pain adds 2.5 days and $688 in wages to absence associated with this condition. It is this type of information pairing that provides employers with the insight to develop strategies to address comprehensive absence.

When absence and health costs are quantified, organizations quickly recognize the impact on the business’s bottom line. As the old saying goes, “we can only manage what we can measure.”

2. What is your talent strategy to improve work-life benefits, inclusive of time off to care for family?

The race for talent is on, and every industry recognizes the huge impact the changing workforce demographics currently has, and will continue to have. The current workforce incorporates five generations, though an Ernst and Young report from 2017 estimates that by 2025 millennials will make up 75 percent of the workforce. As a result, the work-life needs of millennials—and their perspectives around benefits—is driving change, including time away from work policies.

It is worth noting that, per a 2015 Ernst and Young survey, millennial households are two times more likely to have both spouses working. The Pew Research Center reported in 2013 that, among all workers, 47 percent of adults who have a parent 65 years or older are raising a minor child or supporting a grown child. Additionally, a 2016 report from the Center for Work Life Law at the University of California Hastings claimed that 50 percent of all employees expect to provide elder care in the next five years.

In response, employers are expanding paid time off programs for care of family members. The paid family leave continuum often begins with a paid parental policy providing time to bond with a new birth or adoption placement. An elder care policy may follow, and the culmination might be a family care policy covering events like those under the job-protected Family Medical Leave Act. An Aon SpecSelect Survey reported that 94 percent of employers offer some form of paid parental leave in 2017; this is a significant change from 2016 when 62 percent offered this benefit. Two weeks of 100 percent paid parental leave was the norm per Aon’s SpecSelect 2016 Survey, but we are finding that many employers are expanding these programs, offering between 4 to 12 weeks.

Offering paid leave programs on their own may meet immediate needs for both time and financial support, but may be incomplete to help the employee address the full spectrum of issues that could affect success at work. In combination with family care needs—even those associated with a happy event such as a birth—there may be other health, social or financial issues. Employers combining their paid leave programs with a broader well-being strategy deliver greater value, improve engagement and increase productivity.

3. If you’re a multi-state employer, how are you ensuring your sick and family leave policies are compliant across all relevant jurisdictions?

Paid leave is a hot legislative topic lately. Last December saw the enactment of a paid FMLA tax credit pilot program as part of the federal Tax Reform The paid sick leave law club now totals 42 states and myriad municipalities. Both Washington state and Washington, D.C. are ramping up to implement paid family leave laws in 2020, joining the four states and one city that already have some form of paid family or parental leave law.

How are multi-state employers keeping up with this high-stakes evolving environment? The 2017 Pulse Survey saw 70 percent of employers report they are aware they have an employee who is subject to a paid sick leave law. Ten percent of respondents said they did not know if they had anyone subject to such a law. If knowledge is the first step in the process of compliance, deciding on a compliance strategy and then successfully implementing it are surely steps two and three.

With respect to paid sick leave, there are three major compliance options: comply on a jurisdiction-by-jurisdiction level, with as many as 42 different designs and no design more generous than it has to be; comply on a national level with one, most generous design, or meet somewhere in the middle, perhaps with one design for each state where a state- or local-level law is in place, or by grouping jurisdictions with similar designs together to strike a balance between being overly generous and being bogged down by dozens of administrative schemes.

Data analytics can be a key driver in designing a successful compliance strategy—compare your employee census to locations with paid sick leave laws. The ability to track and report on available leave is a requirement in all jurisdictions, and at this point, few if any third-party vendors are administering multi-state paid sick leave.

For paid family leave, the primary policy design issue is how an employer’s FMLA, maternity leave and short-term disability benefits will interact with the various paid family leave laws. So, while there may be fewer employer choices to be made with statutory paid family leave, clear employee communications will be critical to success.

Employers may tackle time away from work program issues individually to meet an immediate need, or collectively as a comprehensive strategy. Such a strategy would include data analytics across health and lost-time programs, absence policies that meet today’s needs for the employer and employee, health and wellness programs targeting modifiable health behaviors, and absence program administration that is aligned to operational goals. The expected outcome for time away from work programs isn’t about the programs themselves: it is about an engaged, productive workforce who delivers superior products/services. How do your programs stack up?

SOURCE:
VanderWerf, S and Arnedt, R (13 July 2018) "3 questions to ask about paid leave programs" [Web Blog Post]. Retrieved from https://www.benefitspro.com/2018/07/05/3-questions-to-ask-about-paid-leave-programs/