Talent test-drive: Micro-internships may benefit students and employers alike

Are you looking to hire interns this summer? Micro-internships are project-based internships that are emerging as a way for students to get a foot in the door and for employers to test talent before hiring someone on. Continue reading to learn more.


"Micro-internships," or project-based internships, are emerging as a way for students to get a foot in the door and for employers to test talent before making a commitment.

Lasting just days or weeks, micro-internships can create a more meaningful experience, too, according to Jeffrey Moss, CEO of Parker Dewey, a platform that enables such arrangements. Rather than longer programs that involve a fair bit of busy work, micro-internships often focus on one, substantive project.

This could have an intern writing a blog post or compiling research, for example, he said. For many companies, these are tasks that are important, but don't always get done. "It gives the career professional or student early insight into what the job is really about," said Moss, "and manager buy-in is high. Rather than a department head trying to create an interesting day or weeks full of intern work, micro-interns get specific projects done for the manager."

Testing talent before you hire

For employers looking to test drive talent, Moss said, micro-internships offer insight into the way a person works. Projects are tangible and can demonstrate how someone executes instructions. For students or career re-launchers, they offer a chance to showcase their talents as they grow. "They develop an authentic relationship with someone who may be their manager down the road," said Moss. "They're paid for their work and get real-world experience for their resume, typically in a few days or weeks, and generally done remotely."

The ability to work remotely creates a more democratic system for interns, as well. Students who don't have access to large markets or businesses can still get a foot in the door. For underserved populations, that access could be a key factor in their career trajectory.

Immediate gratification

Adam Rekkbie was an undergraduate at Bentley University when he learned about the opportunity to do project work through Parker Dewey. He emailed HR Dive from Peru to talk about his experience: "I figured this would be a good way for me to earn a little extra money while also expanding on my skills and learning more about different industries," he said.

Generally, employers choose students to work on a project, building a relationship with them and offering help along the way, Moss said.

Rekkbie has completed nine projects to date, and they run the gamut: market research, creating a business plan for a doctor, migrating and cleaning up data, product research and more.

Everybody wins

Rekkbie said the arrangement was a win-win for him and the employers. As a full-time student, he enjoyed the flexibility of working around his schedule. He also said he gained insight into a broad range of industries while still making money.

And employers say the fast access to high-quality talent is invaluable. Ryan Sarti, director of marketing and sales operations at Sturtevant Richmont, is a convert. In a one-person department, he told HR Dive, there are lots of projects that are high priority, but bandwidth is limited. With micro-internships, he can spell out what he needs and when and then choose among candidates; "I can organize a project quickly, hand it off with minimal time and feedback, and get really good high quality work done."

Larger companies are using these as a way to test potential employees, Moss said. Microsoft, for example, is using micro-internships for immediate support and early access to talent.

Growing the talent pool

Feedback throughout the project is open-ended. Sarti said he likes to give and get detailed comments. Interns ask good questions, he said, and the more feedback you give, the more they grow. That's critical because, after all, they may be working with you one day, he said.

Rekkbie noted the networking opportunities, too: "I have had a couple clients I did work for come back to me and ask for help on additional projects because of how satisfied they were with my initial work," he said. "These clients also provide me with valuable insights related to careers."

And while students may not snag a job directly from the internship, Moss said, they'll be better able to articulate to other employers the direct experience they have.

SOURCE: O'Donnell, R. (28 May 2019) "Talent test-drive: Micro-internships may benefit students and employers alike" (Web Blog Post). Retrieved from https://www.hrdive.com/news/talent-test-drive-micro-internships-may-benefit-students-and-employers-ali/555487/


Protect your pet, protect yourself

While pets can give us joy and unconditional love, they can also sometimes give us illness. Zoonoses, infectious diseases that can be passed between animals and humans, can spread through direct contact, insects and sometimes via the animal's environment. Read this blog post from UBA to learn more.


Pets bring us joy and unconditional love. But sometimes they can bring us illness. Infectious diseases can be passed between animals and humans. These diseases are known as zoonoses. Zoonoses can be spread through direct contact, sometimes through insects, and sometimes via the animal's environment.

Let's face it. Animals do some gross things. Dogs drink from filthy puddles. Cats kill birds and chipmunks. And sometimes, our pets even—gasp!—bite and scratch. All of these things and more can cause the spread of infections and diseases between animals and humans.

Luckily, there are steps pet owners can take to help keep both their animals and their families safe from these risks. The first line of defense for dogs and cats is vaccination. Over the last century, say experts, vaccines have saved the lives of millions of pets. Talk to your veterinarian about what vaccinations your pet should have. The most common for dogs include rabies, canine distemper, canine parvovirus infection and canine hepatitis. Cats normally receive shots for rabies, feline distemper, feline rhinotracheitis (feline influenza) and calicivirus (FVC). Your vet may recommend other vaccines based on your pet's needs.

Try to keep your pet away from wildlife whenever possible. Animals like skunks and raccoons can carry the rabies virus. After spending time outdoors or around other animals, check for ticks. Contact with contaminated water or soil can cause a host of diseases such as cryptosporidiosis and leptospirosis. These and other illnesses, caused by parasites, can be spread to humans. Humans can also contract fleas, mites, and ticks, hookworms and roundworms, and fungal infections. Cats pose a few unique threats. Toxoplasmosis is a parasite that lives in the intestines of cats. If toxoplasmosis spreads to a pregnant woman and then to her baby, birth defects can occur. So pregnant women should wear gloves when cleaning the litter box or, even better, leave the chore to someone else. And a scratch or a bite from a kitty can cause serious infection to any unlucky victim.

It's not just cats and dogs that can spread illness. Amphibians, like frogs and salamanders, and reptiles, like turtles, lizards, and snakes, often carry salmonella. These pets aren't recommended in homes with children under five years old. Backyard chickens and ducks also often carry the salmonella bacteria.

Don't let these facts scare you—but do make sure you use good sense around animals. Always wash your hands after petting or holding animals. Train dogs to follow your commands, and keep them leashed. Don't let your pets drink dirty water or eat something they shouldn't eat, and keep them away from wild animals. Check your pet for ticks after they've been outside. Keep shots up to date, and see the vet for regular pet checkups. A healthy pet is a happy pet—and that makes pet owners happy, too.

Sources:

American Veterinary Medical Association. Common-sense measures to protect your dog, yourself and others in canine settings. 2018.
https://avma.org/public/PetCare/Pages/Protect-Your-Dogs-Yourself-and-Others.aspx (Accessed 5/3/18)

American Veterinary Medical Association. Vaccination FAQ. 2018.
https://www.avma.org/KB/Resources/FAQs/Pages/Vaccination-FAQs.aspx
(Accessed 5/4/18)

American Family Physician. Pet-related infections. 11/15/2016. https://www.aafp.org/afp/2016/1115/p794.html (Accessed 5/3/18)

Healthline. Animal bite infections. 11/15/2016. https://www.healthline.com/health/animal-bite-infections (Accessed 5/4/18)

SOURCE: Olson, B. (30 May 2019) "Protect your pet, protect yourself" (Web Blog Post). Retrieved from http://blog.ubabenefits.com/protect-your-pet-protect-yourself


How to Respond to the Spread of Measles in the Workplace

How are you responding to the spread of measles? With measles now at its highest number of cases in one year since 1994, employers are having to cooperate with health departments to fight the spread. Continue reading this blog post from SHRM to learn more.


Employers and educators are cooperating with health departments to fight the spread of measles, now at its highest number of cases in one year since 1994: 764.

Two California universities—California State University, Los Angeles (Cal State LA) and the University of California, Los Angeles (UCLA)—recently quarantined staff and students at the request of local health departments.

In April at Cal State LA, the health department told more than 600 students and employees to stay home after a student with measles entered a university library.

Also last month, UCLA identified and notified more than 500 students, faculty and staff who may have crossed paths with a student who attended class when contagious. The county health department quarantined 119 students and eight faculty members until their immunity was established.

The quarantines ended April 30 at UCLA and May 2 at Cal State LA.

Measles is one of the most contagious viruses; one measles-infected person can give the virus to 18 others. In fact, 90 percent of unvaccinated people exposed to the virus become infected, the U.S. Centers for Disease Control and Prevention (CDC) notes.

Action Steps for Employers

Once an employer learns someone in the workplace has measles, it should immediately send the worker home and tell him or her not to return until cleared by a physician or other qualified health care provider, said Robin Shea, an attorney with Constangy, Brooks, Smith & Prophete in Winston-Salem, N.C.

The employer should then notify the local health department and follow its recommended actions, said Howard Mavity, an attorney with Fisher Phillips in Atlanta. The company may want to inform workers where and when employees might have been exposed. If employees were possibly exposed, the employer may wish to encourage them to verify vaccination or past-exposure status, directing those who are pregnant or immunocompromised to consult with their physicians, he said.

Do not name the person who has measles, cautioned Katherine Dudley Helms, an attorney with Ogletree Deakins in Columbia, S.C. "Even if it is not a disability—and we cannot assume that, as a general rule, it is not—I believe the ADA [Americans with Disabilities Act] confidentiality provisions cover these medical situations, or there are situations where individuals would be covered by HIPAA [Health Insurance Portability and Accountability Act]."

The employer shouldn't identify the person even if he or she has self-identified as having measles, Mavity noted.

Shea said that once the person is at home, the employer should:

  • Inform workers about measles, such as symptoms (e.g., dry cough, inflamed eyes, tiny white spots with bluish-white centers on a red background in the mouth, and a skin rash) and incubation period—usually 10 to 12 days, but sometimes as short as seven days or as long as 21 days, according to the CDC.
  • Inform employees about how and where to get vaccinations.
  • Remind workers that relatives may have been indirectly exposed.
  • Explain that measles exposure to employees who are pregnant or who might be pregnant can be harmful or even fatal to an unborn child.
  • Explain that anyone born before 1957 is not at risk. The measles vaccine first became available in 1963, so those who were children before the late 1950s are presumed to have been exposed to measles and be immune.

Employers may also want to bring a health care provider onsite to administer vaccines to employees who want or need them, Shea said.

"Be compassionate to the sick employee by offering FMLA [Family and Medical Leave Act] leave and paid-leave benefit options as applicable," she said.

When a Sick Employee Comes to Work Anyway

What if an employee insists on returning to work despite still having the measles?

Mavity said an employer should inform the worker as soon as it learns he or she has the measles to not return until cleared by a physician, and violating this directive could result in discipline, including discharge. A business nevertheless may be reluctant to discipline someone who is overly conscientious, he said. It may opt instead to send the employee home if he or she returns before being given a medical clearance.

The employer shouldn't make someone stay out longer than is required, Helms said. Rely instead on the health care provider's release.

SOURCE: Smith, A. (9 May 2019) "How to Respond to the Spread of Measles in the Workplace" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/how-to-respond-spread-measles-workplace.aspx


3 summer workplace legal issues and how to handle them

Summer is right around the corner, leaving employers little time to brush up on seasonal employment law issues. Issues such as hiring interns, dress code compliance and handling time off requests can cause legal issues for employers. Read this blog post to learn more.


Summer is almost here and with that comes a set of seasonal employment law issues. Top of the list for many employers includes hiring interns, dress code compliance and handling time off requests.

Here’s how employers can navigate any legal issues that may arise.

Summer interns

Employers looking to hire interns to work during the summer season or beyond should know that the U.S. Department of Labor recently changed the criteria to determine if an internship must be paid. In certain circumstances, internships are considered employment subject to federal minimum wage and overtime rules.

Under the previous primary beneficiary test, employers were required to meet all of the six criteria outlined by the DOL for determining whether interns are employees. The new seven-factor test is designed to be more flexible and does not require all factors to be met. Rather, employers are asked to determine the extent to which each factor is met. For example, how clear is it that the intern and the employer understand that the internship is unpaid, and that there is no promise of a paid job at the end of the program? The non-monetary benefits of the intern-employer relationship, such as training, are also taken into consideration.

Though no single factor is deemed determinative, a review of the whole internship program is important to ensure that an intern is not considered an employee under FLSA rules and to avoid any liabilities for misclassification claims.

Companies also should be aware of state laws that may impact internship programs. For example, California, the District of Columbia, Illinois, Maryland and New York consider interns to be employees and offer some protections under various state anti-discrimination and sexual harassment statutes.

All employers should be clear about the scope of their internship opportunities, including expectations for the relationship, anticipated duties and hours, compensation, if any, and whether an intern will become entitled to a paid job at the end of the program.

Summer dress codes

Warmer temperatures mean more casual clothing. This could mean the line between professional and casual dress in the workplace is blurred. The following are some tips when crafting a new or revisiting an existing dress code policy this summer.

If the dress code is new or being revised, the policy should be clearly communicated. Sending a reminder out to employees may be helpful in some workplaces. In all cases, the policy should be unambiguous. List examples to make sure there is no confusion about what is considered appropriate and explain the reasoning behind the policy and the consequences for any violations.

To serve their business or customer needs, companies may apply dress code policies to all employees or to specific departments. They should also make sure the dress code does not have an adverse impact on any religious groups, women, people of color or people with disabilities. Company policies may not violate state or federal anti-discrimination laws. If the policy is likely to have a disparate impact on one or more of these groups, employers should be prepared to show a legitimate business reason for the policy. Also, reasonable accommodations should be provided for employees who request one based on their protected status. For example, reasonable modifications may be required for ethnic, religious or disability reasons.

Finally, failure to consistently enforce a neutral dress code policy or provide reasonable accommodations can expose a company to potential claims. As always, dress codes and any discipline for code violations should be implemented equitably to avoid claims of discrimination.

Time off requests

Summer time tends to prompt an influx of requests for time off. Now is a good time to review policies governing time off, as well as the implementation of those policies to ensure consistency. Written time off policies should explicitly inform employees of the process for handling time off requests and help employers consistently apply the rules.

An ideal policy will explain how much time off employees receive and how that time accrues. It also will include reasonable restrictions on how time off is administered such as requiring advance approval from management, and how to handle scheduling so that business needs and staffing levels are in sync.

Most importantly, time off policies and procedures must not be discriminatory. For instance, if a policy denies time off or permits discipline for an employee who needs to be out of the office on a protected medical leave, the policy could be seen as discriminating against employees with disabilities. Companies should train their managers on how to administer time off requests in a non-discriminatory manner. Employers generally have the right to manage vacation requests, however protected leave available to employees under federal, state and local laws adds another layer of complexity that employers should consider when reviewing time off requests.

To minimize employment issues this summer and all year around: plan ahead, know the relevant employment laws and train managers and supervisors to apply HR best practices consistently throughout the organization.

SOURCE: Starkman, J.; Rochester, A. (23 May 2019) "3 summer workplace legal issues and how to handle them" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/how-employers-can-handle-summer-workplace-legal-issues


Commercial Risk Advisor - June 2019

Benefits of Crime Insurance

While you may think your business would never be the victim of a crime, the harsh reality is that nearly every business can become a victim. In this day and age, criminals (including employees) do not need direct access to cash to steal from you—merchandise, supplies and securities are all fair game. Standard commercial insurance policies may provide some protection from criminal acts, but they often do not cover losses resulting from all types of fraudulent activities. Crime insurance was developed to deal with the limitations of other policies and extend protection to include coverage for a wide variety of wrongdoings:

  • Coverage for the misuse of funds—It is likely that a number of your employees have access to company funds or financial information. In some cases, employees may abuse this access for personal gain. Crime insurance can protect organizations from the misuse or illegal transfer of funds, ensuring your finances are safe from internal criminal acts.
  • Insurance for goods in transit—Goods in transit are particularly vulnerable to employee theft and, in some cases, organizations may not notice anything has been stolen until it is too late. What’s more, if the theft takes place outside of the organization’s premises, it can be difficult to prove, often leading to drawn out and expensive legal battles. Crime insurance policies can provide ample protection for goods in transit and reduce the likelihood of extreme losses whenever you send or receive products.
  • Coverage for forgery and alteration—Your employees may have access to checks that they can easily alter for their own gain. Crime insurance policies provide coverage for losses that result from the forgery or alteration of a check.

The only way to ensure your company has the protection it needs is through crime insurance. To discuss your unique risks and to learn more about crime insurance policies, contact your insurance broker.

Fire Protection Impairment Programs

A fire can be extremely damaging to your organization, and while a fire protection system may be able to protect against many threats, impairments are an inevitable part of a fire protection system’s life cycle. An impairment is any time that a fire detection, alarm or suppression system is out of service or unable to operate to the full extent of its intended design. During an impairment, the chances of a fire developing and causing major damage is greatly increased.

There are two types of impairments: planned (the system is purposely put out of service for maintenance) and unplanned (the system is unintentionally out of service). These are further grouped into two different levels of severity—major and minor:

  1. Major—The impairment lasts more than ten hours and/or affects multiple systems.
  2. Minor—The impairment lasts for fewer than ten hours and is limited to a single system.

Ensuring safety and efficiency during an impairment requires a great deal of work, planning and coordination. To be prepared for an impairment, organizations should develop a written program, assign responsibilities to staff and train employees in the procedures to be followed during an impairment.

The written program should outline exactly what to do before, during and after an impairment based on its type and severity, as well as assign and detail the role and responsibilities. The most important role to consider is that of the impairment supervisor, who will implement and manage the fire protection impairment program, take care of scheduling planned impairments and carry out the plan during unplanned impairments.

Above all, the goal of a fire protection impairment program is to minimize the risk of a fire developing and spreading during an impairment while maintenance, repairs and tests are performed to the system. Before an impairment period, or upon discovering an unplanned impairment, the impairment supervisor should obtain a copy of the organization’s fire protection impairment program form and fill it out. This form must be updated as progress is made to include further details of the impairment and repair process.

To learn more about fire protection impairment programs, contact Hierl Insurance Inc. today.

The Following Parties Should be Notified in the Event of an Impairment as Soon as Possible:

Insurance company or companies

The local fire department

Safety managers, or relevant managers and supervisors

Staff

Building owners or their designated representative

 

Standard commercial insurance policies may provide some protection from criminal acts, but they often do not cover losses resulting from fraudulent activities.

Download the Newsletter

A monthly safety newsletter from


Your bad work environment may be raising your healthcare costs

Is your company’s culture leading to raised healthcare costs? More and more research is documenting a relationship between stressful work environments and a range of chronic conditions. Continue reading to learn more.


If you want to reduce the cost of healthcare for your employees — while simultaneously improving care — you may need to take a serious look at your work environment. When reviewing areas that could help reduce costs, a much overlooked aspect is a stressful work environment.

While employers have done a lot to reduce the risk of potential injuries in the workplace, they have done far less to reduce stress, which could also be harmful.

Research finds a link between employee health and job performance. There also is a growing body of research documenting the relationship between a stressful work environment and a range of chronic conditions — including depression, hypertension and sleeping problems. But employers often struggle to connect the dots between these health concerns and supporting a healthy environment for employees.

It’s difficult, if not impossible, to manage something that remains unmeasured. That’s why measuring outcomes beyond healthcare cost fluctuations, such as absence, periods of work disability and job performance, can help employers understand a broader range of outcomes important to the successful operation of their business.

When employers ask how they can affect the health of their employees, I ask what they know about the working conditions in their organization. Is there management trouble, high turnover, high illness-related absence or low job satisfaction? Some of this can be determined from employee satisfaction surveys, or analyses of sick leave data and work disability claims. Often, even more can be discovered by gathering employee feedback.

For example, listening to employees, equipping them with the knowledge to recognize safety issues and providing the tools or procedures to correct these issues, were key to improving workplace safety. A successful safety review can result in real change. Employees observe this change and a cycle is created where prevention becomes the focus because all are accountable and all have trust based on experience that their identification of potential or real safety issues will be dealt with effectively.

If employers are unaware of the factors in their own work environment that could be modified to lessen psychosocial stressors, a good place to start is by listening to employees. Many employers already conduct job satisfaction surveys or health risk appraisals that provide some information around work and health issues. These same tools could be used to identify and address psychosocial issues in the workplace.

Whatever the channel — a suggestion box, a designated HR representative, a focus group, a survey — it must provide employees with the opportunity to authentically and safely share their perspectives. And, finally, it must be demonstrably legitimate, resulting in employer actions that are clear and meaningful to all.

Typically employers use health and wellness programs in an attempt to remediate rather than prevent illness. Our interviews with medical directors of some of the leading U.S. corporations revealed a similar finding. Often, the medical director or chief health officer is charged with improving employee health, while the HR benefits manager is charged with reducing healthcare costs. Not surprisingly, these two goals can be at odds with each other. Imagine the company with a large percent of untreated depression.

So how can employers know what works or even what to try?

Evaluators often start their work by asking why particular activities, services or coverage types were chosen or implemented. This helps identify those areas more proximal to the employment setting (something about the job or in the work environment, for instance) and those areas more distal to the employment setting (such as medication formulary). To put a fine point on the problem, Pfeffer notes that “putting a nap pod into a workplace is not going to substitute for the fact that people aren’t getting enough sleep because they are working 24/7.”

Those looking to get started might begin by watching Working on Empty, an 11-minute documentary, which can provide solid direction for the type of information you’re seeking from your employees. Honor their voice and insight, and use it to implement real change. In doing so, you will build trust and a channel for contribution that improves outcomes for employees and employers.

SOURCE: Jinnett, K. (20 May 2019) "Your bad work environment may be raising your healthcare costs" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/workplace-stress-increasing-healthcare-costs


Employers Must Report 2017 and 2018 EEO-1 Pay Data

Employers are required to report their pay data, broken down by race, sex and ethnicity, from 2017 and 2018 by September 30. Read this blog post from the Society for Human Resource Management (SHRM) to learn more.


The Equal Employment Opportunity Commission (EEOC) has announced that employers must report pay data, broken down by race, sex and ethnicity, from 2017 and 2018 payrolls. The pay data reports are due Sept. 30.

Employers had been waiting to learn what pay data they would need to file—if any at all—as litigation on the matter ensued. A federal judge initially ordered the EEOC to collect employee pay data for 2018. The National Women's Law Center (NWLC) and other plaintiffs wanted the EEOC to collect two years of data, as the agency was supposed to under a new regulation before the government halted the collection in 2017.

Judge Tanya Chutkan of the U.S. District Court for the District of Columbia sided with the plaintiffs and gave the EEOC the option of collecting 2017 pay data along with the 2018 information by the Sept. 30 deadline or collecting 2019 pay data during the 2020 reporting period. The EEOC opted to collect the 2017 data.

The agency said it could make the collection portal available to employers by mid-July and would provide information and training to employers prior to that date.

Immediate Steps

"We are awaiting confirmation from the EEOC or the contractor it is hiring to facilitate the pay-data collection on how to lay out the data file for a batch upload," said Alissa Horvitz, an attorney with Roffman Horvitz in McLean, Va.

But employers should take some steps immediately. They should reach out to their subject-matter and technical experts and pull together resources to ensure that the required data components can be captured, analyzed and reported by Sept. 30, said Annette Tyman, an attorney with Seyfarth Shaw in Chicago.

Filing the additional reports will impose unanticipated burdens for HR, IT and legal departments, as well as third-party consultants, she noted. "It is unclear whether any further litigation options will impact the Sept. 30 deadline, and we are instructing employers to assume they must comply."

Employers should keep in mind that they still must submit their 2018 data for Component 1 of the EEO-1 form by May 31, unless they request an extension. Note that the EEOC recently shortened the extension period for employers to report Component 1 data from 30 days to two weeks. So the extension deadline is now June 14.

Component 1 asks for the number of employees who work for the business by job category, race, ethnicity and sex. Component 2 data—which includes hours worked and pay information from employees' W-2 forms by race, ethnicity and sex—is the subject of the legal dispute.

Data Collection

Businesses with at least 100 employees and federal contractors with at least 50 employees and a contract with the federal government of $50,000 or more must file the EEO-1 form. The EEOC uses information about the number of women and minorities companies employ to support civil rights enforcement and analyze employment patterns, according to the agency.

The revised EEO-1 form will require employers to report wage information from Box 1 of the W-2 form and total hours worked for all employees by race, ethnicity and sex within 12 proposed pay bands.

The reported hours worked should show actual hours worked by nonexempt employees and an estimated 20 hours per week for part-time exempt employees and 40 hours per week for full-time exempt employees.

"Filling out the added data in the EEO-1 form will present a large amount of work, especially as there's great potential for human error when populating the significantly expanded form," said Arthur Tacchino, J.D., chief innovation officer at SyncStream Solutions, which provides workplace compliance solutions.

Employers should start looking at their data now and conduct an initial assessment of their systems, said Camille Olson, an attorney with Seyfarth Shaw in Chicago. Identify the systems that house the relevant demographic, pay and hours-worked data and determine how to pull the information together, she said.

Pulling EEO-1 data is much simpler for Component 1, she noted, because it only involves reporting the employer's headcount by race, ethnicity and sex—whereas collecting pay information involves more data points. Additionally, employers may use different vendor systems at different locations, some employees may have only worked for part of the year, and other employees may have been reclassified to exempt or nonexempt.

"Employers may want to inquire with their current vendors—payroll or otherwise—or look for outside vendors that may be able to assist them with this reporting requirement," Tacchino said.

Under some circumstances, employers may be able to seek an exemption (at the EEOC's discretion) if filing the information would cause an undue burden. "Mega employers" may not be able to show an undue burden, but this could be an option for smaller businesses, said Jim Paretti, an attorney with Littler in Washington, D.C. But that will depend on how the parties decide to move forward.

The Court Battle

The EEO-1 form was revised during President Barack Obama's administration to add the Component 2 data, but the pay-data provisions were suspended in 2017 by President Donald Trump's administration. The NWLC challenged the Trump administration's hold on the pay-data collection provisions, and on March 4, Chutkan lifted the stay—meaning the federal government needed to start collecting the information.

On March 18, however, the EEOC opened the portal for employers to submit EEO-1 reports without including the pay-data questions. Chutkan subsequently told the government to come up with a plan.

The EEOC proposed the Sept. 30 deadline for employers to submit Component 2 data, claiming that the agency needed more time to address the associated collection challenges. Furthermore, the EEOC's chief data officer warned that rushing the data collection may yield poor quality data. Even with the additional time, the agency said it would need to spend more than $3 million to hire a contractor to provide the appropriate procedures and systems.

Robin Thurston, an attorney with Democracy Forward and counsel for the plaintiffs, said at an April 16 hearing that the plaintiffs don't want the agency to compromise quality. But they also wanted "sufficient assurances" that the EEOC will collect the data by Sept. 30.

On April 25, Chutkan ordered the government to provide the court and the plaintiffs with periodic updates on the EEOC's progress and to continue collection efforts until a certain threshold of employer responses has been received.

SOURCE: Nagele-Piazza, L. (2 May 2019) "Employers Must Report 2017 and 2018 EEO-1 Pay Data" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/eeo-1-pay-data-report-2017-2018.aspx


Are you offering the right benefits? Look to benchmarking, surveys for answers

With unemployment at historic lows, benefits have become a big differentiator for employers. Continue reading this blog post for more on benchmarking your employee benefits plan.


With unemployment at a 50-year low, benefits have become a big differentiator for employers, which means they need to be competitive to attract and retain employees. What are competitive benefits? Ask 100 employers and you’ll get 100 answers.

It’s no longer affordable to offer Cadillac plans with low employee contributions. How do employers offer attractive yet affordable benefits that will draw potential employees in? They turn to benchmarking and employee surveys to build and validate benefit plans.

“High cost” has become so synonymous with “healthcare benefits” that it’s hard to separate one from the other. As benefits become more costly, they also become more complicated to manage. Add today’s shift to the need for competitive programs and the whole thing begins to look like a slog through quicksand.

Here’s the thing: The employer must strike a balance between what employees want and what they’ll use. That means zeroing in on what they find valuable. While it may be tempting to follow benefit trends by offering pet insurance or creating in-office perks like beer and pizza, research suggests that most employees value more traditional coverages and benefits. What gets them in the door — and keeps them engaged — is likely going to be paid leave, flexible/remote work options and professional development.

To determine what your employees want and what peer employers are offering in your industry, look to benchmarking and employee surveys as two of the sharpest arrows in your plan design quiver.

Benchmarking tells you what you’re competing against. While certain employee benefits are more popular in some industries than others, it’s vital to know who you’re competing against to attract and retain employees. For example, nonprofit organizations historically provide modest employee salaries but rich benefits. While that benefits model may work for most of your workforce, it’s important not to overlook other industry standards. A large nonprofit hiring employees for its IT department is not only competing against other nonprofits for talent, but they’re also competing against tech-industry talent, which may put more of a focus on salary and bonuses than rich benefits.

The best way to identify who you’re competing against and what types of benefits they’re offering is to undertake a benchmarking study. Benchmarking your benefits package can provide insight into what your competition offers across industries, regions and company size so you can ensure your plan design stands up against the competition. Benchmarking studies yield details like:

  • Medical plan type
  • Employee premium cost
  • Employee premium contribution
  • Medical copay
  • Prescription drug copay
  • Office visit copay
  • Emergency room copay
  • Voluntary benefits offerings
  • Salary ranges
  • Paid sick leave

Armed with that data, you can decide where you should aim your focus and whether you’re offering a competitive benefits package.

Surveys tell you what employees value. The best way to understand what your employees value is to ask them. Employee surveys can help you find out which benefits your employees love, which ones they don’t like and where you can make improvements.

When developing an employee benefits survey, pay close attention to how questions are written in order to elicit the best responses from employees. It might make sense to reach out to a survey organization to ensure it’s done right. Benefit brokers often have experience with surveys, too.

When the survey is complete, put together a communications plan so you can get the highest number of responses about what your employees love and what needs improvement. It’s a best practice to survey employees every plan year to stay on top of changes across the workforce. (Just not at open enrollment time).

It’s an inexpensive undertaking that could lead to serious cost savings from changes to the plan and increased employee retention. So basically, a survey is worth the time and effort.

Benchmarking and surveys are important components of a benefits strategy. They can put you on a more direct path to a plan design with options that are right for your culture and workforce.

SOURCE: Newman, H. (17 May 2019) "Are you offering the right benefits? Look to benchmarking, surveys for answers" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/hr-review-surveys-for-employee-benefits-trends


Bringing Design Thinking to HR

Design thinking has continued to rise in popularity across many industries. Continue reading this blog post from UBA for things to keep in mind when implementing design thinking processes.


Across industries, design thinking has continued its rise in popularity. At its core, design thinking is about centering people in the creation of products. Whatever you’re designing, whether a process or a tool, connecting your work to the people who will use it makes a better solution.

As HR Executive points out, design is more than logos and graphics. It’s the plan for anything produced, including the policies, tools, and systems of an HR Department. Ensuring those are designed with intention for today’s busy workforce means a better chance of them being successful. While HR in the past has been all about adoption, today’s departments have to think toward more than just first use to continued use. This means not just understanding, but connecting with, the people who will be using the tools, following the policies, and using the systems. The sheer number of workplace components HR manages, from compensation to workforce experience to productivity also means HR creates an immense amount of data. When that data is rooted in design thinking approaches, it becomes more valuable to the company as a whole.

If you’re already convinced of the value of design thinking, the Harvard Business Review has a few things to keep in mind to help ensure implementing design thinking processes goes smoothly.

  1. Encourage your team to think differently. Not just differently, but divergently. Outlier ideas, big reaches, and unexpected notions are more than useful, they’re essential.
  1. Empower your team to fail, more than once. Iteration and testing are parts of the design process and lead to improvements that don’t come from running with a safer idea.
  1. Embrace it yourself. For HR teams used to having clear directions and focusing on efficiency, these are new experiences so it’s up to managers to lead the way.

Read more:

The Right Way to Lead Design Thinking

How to Incorporate Design Thinking into HR Processes

SOURCE: Olson, B. (9 May 2019) "Bringing Design Thinking to HR" (Web Blog Post). Retrieved from http://blog.ubabenefits.com/bringing-design-thinking-to-hr


Changes are coming to paid leave. Here’s what employers should know

With multiple states and local governments enacting their own paid leave policies, employers are finding it difficult to navigate employee paid leave. Continue reading this blog post for what employers should know about the coming changes for paid leave.


A growing number of states and local governments are enacting their own paid leave policies. These new changes can be difficult for employers to navigate if they don’t understand the changes that are happening.

Adding to the confusion among employers, paid sick leave and paid family leave are often used interchangeably, when in fact there are some important distinctions. Paid sick leave is for a shorter time frame than paid family leave and allows eligible employees to care for their own or a family member’s health or preventative care. Paid family leave is more extensive and allows eligible employees to care for their own or a family member’s serious health condition, bond with a new child or to relieve family pressures when someone is called to military service.

The best-known type of employee leave is job-protected leave under the Family Medical Leave Act, where employees can request to take family medical leave for their own or a loved one’s illness, or for military caregiver leave. However, leave under FMLA is unpaid, and in most cases, employees may use available PTO or paid leave time in conjunction with family medical leave.

Rules vary by state, which makes it more difficult for multi-state employers to comply. The following is an overview of some new and changing state and local paid leave laws.

Paid sick leave

The states that currently have paid sick leave laws in place are Arizona, California, Connecticut, Maryland, Massachusetts, New Jersey, Oregon, Rhode Island, Vermont and Washington. There are also numerous local and city laws coming into effect across the country.

In New Jersey, the Paid Sick Leave Act was enacted late last year. It applies to all New Jersey businesses regardless of size; however, public employees, per diem healthcare employees and construction workers employed pursuant to a collective bargaining agreement are exempt. As of February 26, New Jersey employees could begin using accrued leave time, and employees who started after the law was enacted are eligible to begin using accrued leave 120 days after their hire dates.

Michigan’s Paid Medical Leave Act requires employers with 50 or more employees to provide paid leave for personal or family needs as of March.

Under Vermont’s paid sick leave law, this January, the number of paid sick leave hours employees may accrue rose from 24 to 40 hours per year.

In San Antonio, a local paid sick leave ordinance passed last year, but it may not take effect this August. The ordinance mirrors one passed in Austin that has been derailed by legal challenges from the state. Employers in these cities should watch these, closely.

Paid family leave

The five states that currently have paid family leave policies are California, New Jersey, Rhode Island, New York, Washington and the District of Columbia.

New York, Washington and D.C. all have updates coming to their existing legislation, and Massachusetts will launch a new paid family program for employers in that state. In New York, the state’s paid family leave program went into effect in 2018 and included up to eight weeks of paid family leave for covered employees. This year, the paid leave time jumps to 10 weeks. Payroll deductions to fund the program also increased.

Washington’s paid family leave program will begin on January 1, 2020, but withholding for the program started on January 1 of this year. The program will include 12 weeks of paid family leave, 12 weeks of paid medical leave. If employees face multiple events in a year, they may be receive up to 16 weeks, and up to 18 weeks if they experience complications during pregnancy.

The paid family leave program in Massachusetts launches on January 1, 2021, with up to 12 weeks of paid leave to care for a family member or new child, 20 weeks of paid leave for personal medical issues and 26 weeks of leave for an emergency related to a family member’s military deployment. Payroll deductions for the program start on July 1.

The Paid Leave Act of Washington, D.C. will launch next year with eight weeks of parental leave to bond with a new child, six weeks of leave to care for an ill family member with a serious health condition and two weeks of medical leave to care for one’s own serious health condition. On July 1, the district will begin collecting taxes from employers, and paid leave benefits will be administered as of July 1, 2020.

Challenging times ahead

An employer must comply with all state and local sick and family leave laws, and ignorance of a law is not a defense. Employers must navigate different state guidelines and requirements for eligibility no matter how complex, including multi-state employers and companies with employees working remotely in different jurisdictions.

These state paid leave programs are funded by taxes, but employers must cover the costs of managing the work of employees who are out on leave. While generous paid leave policies can help employers attract talent, they simply don’t make sense for all companies. For example, it can be difficult for low-margin businesses to manage their workforces effectively when employees can take an extended paid leave.

Not only must employers ensure compliance with state and local rules, but they also must make sure that their sick time, family and parental leave policies are non-discriminatory and consistent with federal laws and regulations. That’s a lot to administer.

Employers should expect to see the changes in paid sick leave and family leave laws to continue. In the meantime, companies should make sure they have the people and internal processes in place right now to track these changes and ensure compliance across the board.

SOURCE: Starkman, J.; Johnson, D. (2 May 2019) "Changes are coming to paid leave. Here’s what employers should know" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/what-employers-need-to-know-about-changing-paid-leave-laws?brief=00000152-14a7-d1cc-a5fa-7cffccf00000