6 Steps to a More Effective Performance Management Program

 

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Traditional methods of managing performance aren’t working anymore. Companies are moving away from traditional performance management tools, like annual reviews, to new techniques that emphasize real-time feedback. You know the drill: managers and employees sit down once a year to review performance. These performance reviews assess an employee’s performance on a scale, or give it a numerical rating. And then, in some cases, employees are given a ranking compared to other employees.

A performance system used in figure skating or competitive cooking shows may not be the best way of evaluating employees in the workplace. When it comes to the traditional performance review process, consider: Traditional performance management approaches aren’t effective because they weren’t designed for the current workforce. Today, with a tight labor supply and the nature of work very different from the industrial past, organizations must focus on developing people, rather than rating them. This requires a shift to performance development. Here’s how you as an HR professional can help your management team create a thoughtful performance development plan.

This is important for two reasons: to make the case to management that there is room for improvement in your current performance management system and, later, to provide baseline metrics to which you can compare your system after the shift to performance development. Your audit should ask the following questions: As part of your evaluation, also assess current organizational performance. A shift to performance development will see organizational performance metrics improve, and you want to be able to quantify this improvement.

Let your senior management team know that performance management may no longer be meeting your company’s needs. Two-thirds of companies are shifting from traditional performance management to an emphasis on developing talent and providing continuous feedback. Then present the results of your audit to senior management. What are the areas that need to be improved? Provide examples of how performance development will help improve these areas. For instance, if your employees rarely receive feedback outside of their annual performance review, show how alternatives to the review, such as consistent coaching or monthly or weekly , can provide your employees with regular feedback.

—tlnt.com


Spot the differences between productivity and busyness

Productivity and busyness are often used interchangeably. This is a mistake. When you think about it, you can be busy and still get nothing really done.

Productivity is efficiently using time to change something, whether it be improving a project or taking care of an errand. Efficiency is the key word here, as no one would consider, say, spending an entire day writing a letter efficient.

Busyness is being occupied with a particular activity to the point where it becomes a priority. Spending an entire day writing a letter is busyness, but it wouldn’t be considered productive. Yet, we can say “It was a busy day” and it could be, mistakenly, interpreted as productivity.

The difference matters because productivity requires strategy: What works best, what is most important now, what matters over other tasks and other standards. Busyness prioritizes going forward, whether or not it is the best thing to do right now.

Being productive rather than busy requires stopping, strategizing and consideration before taking action. To be truly productive, you must not be afraid of pausing – and pausing feels like the opposite of being busy. You must let go of the need to feel busy.

One other simple tell: Productivity tends to give energy, while busyness tends to take it away. Getting things accomplished creates momentum as well as confidence, while doing busy work often makes inertia and frustration since it usually doesn’t lead to progress.

Read the article.

Source:
Brown D. (21 February 2018). "Spot the differences between productivity and busyness" [Web Blog Post]. Retrieved from address http://workwell.unum.com/2018/02/spot-the-differences-between-productivity-and-busyness/


Algorithmic Bias – What is the Role of HR?

How should HR professionals deal with the forthcoming algorithmic bias issue? Find out in this article.


Merriam-Webster defines ‘algorithm’ as step-by-step procedure for solving a problem…In an analog world, ask anyone to jot down a step-by-step procedure to solve a problem – and it will be subject to bias, perspective, tacit knowledge, and a diverse viewpoint. Computer algorithms, coded by humans, will obviously contain similar biases.

The challenge before us is that with Moore’s Law, cloud computing, big data, and machine learning, these algorithms are evolving, increasing in complexity, and these algorithmic biases are more difficult to detect – “the idea that artificially intelligent software…often turns out to perpetuate social bias.”

Algorithmic bias is shaping up to be a major societal issue at a critical moment in the evolution of machine learning and AI. If the bias lurking inside the algorithms that make ever-more-important decisions goes unrecognized and unchecked, it could have serious negative consequences, especially for poorer communities and minorities.”What is the role of HR in reviewing these rules? What is the role of HR in reviewing algorithms and code? What questions to ask?

In December 2017, New York City passed a bill to address algorithmic discrimination.Some interesting text of the bill, “a procedure for addressing instances in which a person is harmed by an agency automated decision system if any such system is found to disproportionately impact persons;” and “making information publicly available that, for each agency automated decision system, will allow the public to meaningfully assess how such system functions and is used by the city, including making technical information about such system publicly available where appropriate;”

Big data, AI, and machine learning will put a new forward thinking ethical burden on the creators of this technology, and on the HR professionals that support them. Other examples include Google Photos incorrect labeling or Nikon’s facial detection. While none of these are intentional or malicious, they can be offensive, and the ethical standards need to be vetted and reviewed. This is a new area for HR professionals, and it’s not easy.

As Nicholas Diakopoulos suggests, “We’re now operating in a world where automated algorithms make impactful decisions that can and do amplify the power of business and government. As algorithms come to regulate society and perhaps even implement law directly, we should proceed with caution and think carefully about how we choose to regulate them back.”

The ethical landscape for HR professionals is changing rapidly.

Read more.

Source:

Smith R. (15 February 2018). "Algorithmic Bias – What is the Role of HR?" [Web Blog Post]. Retrieved from address https://blog.shrm.org/blog/algorithmic-bias-what-is-the-role-of-hr

5 Tips to Improve the Employee Experience from an Employee Happiness Director

From SHRM, here are some helpful tips to improve happiness within your workplace.


 

Gone are the days of delighting customers at the expense of employees. Organizations today understand the value of employee happiness and are increasingly looking for ways to attract and retain top talent. This includes delighting employees at every touch point along the way from orientation and beyond.

And while this may mean something different for every organization, the following few tips may help to improve the employee experience, and if your employees are happy, your investors, customers and clients will follow.

Find employees who follow your north star. Hire employees who align with your core values. Our organization is mission-driven and focused on transforming lives. As a result, we look for good eggs who are driven by doing something for the greater good and leaving the world a better place. Big egos need not apply.

Prioritize happiness. Happiness means something different to every employee. Encourage your employees to find what makes them happy and prioritize that. Employee happiness is our CEO’s number one priority, so we held a workshop to design our culture of happiness together with input every single employee. We now measure employee happiness monthly and look for ways to delight our employees at every turn.

Ask and you shall receive. We constantly ask our employees about what’s working, what’s not working and how we can come together to build a culture of happiness through weekly, anonymous surveys. This provides leadership with valuable insights and empowers employees at all levels to help create an environment where we will thrive. Commit to delivering on employee suggestions that impact happiness when you can. You may not always be able to implement a suggestion but always ensure that the employee’s input is valued and was heard by leadership.

Be culturally relevant. While some may appreciate yoga breaks during all company meetings, others may want time off to volunteer with family and friends. Get to know your employees and understand what is truly meaningful to them. And always check back - life moves fast and personal priorities shift. Make sure your benefits and perks evolve to keep up with your dynamic population.

Give that gold star. It’s not all about perks. Offer work that’s challenging, acknowledge a job well done and reward employees in creative ways that are motivating to them. A company that successfully fosters a positive employee experience reaps the benefits in the form of enhanced engagement, happiness, productivity and retention.

 

Read the original article.

Source:
Andrade C. (4 December 2017). "5 Tips to Improve the Employee Experience from an Employee Happiness Director" [Web blog post]. Retrieved from address https://blog.shrm.org/blog/5-tips-to-improve-the-employee-experience-from-an-employee-happiness-direct


Why a Strong Employee/Employer Relationship Is Important

Tied to the success of a company is the loyalty of its customers. While this customer-first mentality is necessary for the continuation of a company, employers sometimes forget to honor another intrinsic element of success and growth — the employee and employer relationship.

Employers are not drill sergeants who belt out orders for employees to follow. Why waste all that employee talent by burning them out? Work to build a strong and positive relationship with your employees, and they will grow as professionals and give back tenfold.

  1. Rethink Hierarchy: Help Employees Navigate the Organization

Employees have a place in the hierarchy of the company, but that doesn’t mean anyone should feel less than another or be demoralized. Every leader must understand the functions of their organization and its politics. Your organization’s culture sets the precedent for the professional personalities it hires. It should be clear to each employee why they were hired and why they are the best fit for a particular role.

Unfortunately, many employees simply exist in the vacuum of a cubicle and may not grow out of it. They feel boxed in and clueless about how to navigate the hierarchy and how to climb the ladder of success. An employee may need hand-holding or to be left alone, but that’s not the employee’s fault.

An employer has to find a way to meet them in the middle. Each employee has a hierarchy of needs that should be addressed, such as good benefits to meet basic needs, a positive work environment, a sense of place to develop a feeling of belonging and a way to become professionally self-actualized.

  1. Invest in Employee Networks and Loyalty

Just because you’ve moved up the ladder as a leader doesn’t mean you stop building relationships with those around you, including those under your supervision. You are a model of success for your employees, and you never know where your paths will lead or cross in the future.

Do your employees feel they can trust you? Do you empower and equip them with tools necessary to boost their influence and opportunities for success? Employee interoffice relationships and networks sculpt their reputation over the course of their careers.

Invest in employee networks to build loyalty and employee morale. Leaders should encourage networking inside and outside of the office. By strengthening influential networks, your employees will feel confident about their professional objectives and goals. They must learn that even professional relationships are not mutual all the time, and this negative exchange should be avoided. Loyalty is earned and learned when employees align with others who reciprocate support in networking, and that’s first gained from the employer.

Leaders should look at their own professional paths as an example for personal consideration. Name three others that have been in your network for years, and ask yourself if these are reciprocal relationships. Retrace the steps of your career, and remember leaders who held you back and why. Don’t be that leader. When employees climb the ladder, they will be in your network. Maintain reciprocal relationships with your employees, and teach them to do the same with others in their network.

  1. Broaden the Scope of Employee Experience

Don’t let employees become bored with their jobs. Of course, there are mundane tasks to every role that feel like chores, but employees should be allowed to challenge their knowledge. Let employees develop their skills by teaching them how to do the job of a leader. Broadening the scope of an employee’s experience prepares them for what comes next in their career, and they won’t fall short of expectations or feel their ambitions are neglected by an employer they trusted.

Many employers feel an employee should only understand what’s in their job description and nothing beyond fulfilling those duties. Wasn’t that why the employee was hired in the first place? An excellent leader sees the employee for their ambition and ability to grow, and then teaches them about the ecosystem of the workplace to advance.

Encourage employees to step up to the plate, beyond being a bench warmer, and take a swing at a big project or pitch an idea at a meeting. When an employee has the confidence to speak out and act independently, they gain the confidence to take risks, make involved decisions and lead.

Strong employee/employer relationships are vital to the success of the organization. The people and their relationships behind the scenes are the gears that move the mechanism of your company.

When your employees do their jobs well, achieve a new goal or do something successfully, reward them with networking opportunities and better benefits. Make the employee and employer relationship a strong and reciprocal one to be remembered for an entire career.

 

Read the original article.

Source:
Craig W. (20 September 2017). "Why a Strong Employee/Employer Relationship Is Important" [Web blog post]. Retrieved from address https://www.forbes.com/sites/williamcraig/2017/09/20/why-a-strong-employeeemployer-relationship-is-important/#480edb564d91


5 Tips For Employers To Earn Respect From Employees

Today, we are going to take a look at how to make respect something that revolves around the workplace. Use these tips to help you identify if you're doing what you need to do to earn and have respect with your coworkers.


In a previous blog (R-E-S-P-E-C-T: How To Earn Respect At Work), I discussed ways employees can earn respect at work. But earning respect shouldn’t be a one-way street – it should also be embraced by employers. Respect isn’t just something subordinates are forced to give managers. It’s a valuable asset for employers to show and earn in the workplace. Earning employee respect isn’t always easy, but when employers find ways to build respect at work, positive benefits ensue. How do you build employee respect at work?

According to Bruce J. Avolio, Ph.D., executive director at the Center for Leadership and Strategic Thinking in the University of Washington’s Foster School of Business, five tips for employers/managers to earn the respect of employees include:

    1. Be authentic: Be an authentic reflection of your organization’s espoused values and principles while promoting transparency and justice.
    1. Promote ‘ownership’: Make all employees feel like ‘owners’ versus ‘renters’, that their voice matters, and that people in positions of power listen to learn and engage with their employees.
    2. Develop potential: Help each individual feel like they are reaching their full potential and achieving their performance goals by investing in development.
    3. Create an energized culture: Create a positive climate where your followers’ energy is directed towards winning against competitors versus defending against internal detractors from what you’re trying to accomplish.
  1. Sacrifice when necessary: Be willing to sacrifice for the greater good of the organization when such sacrifices contribute to everyone’s success.

Bill Mixon, president of Universal Hospital Services, Inc., believes the key to earning employee respect is to empower employees and model the leadership behavior you desire by treating employees with dignity and respect. “If employees respect a person’s leadership, they are more prone to put those same leadership qualities into practice. Empowering employees to make decisions also builds trust. When you show employees you trust their knowledge and skills, you allow them to make smart decisions that benefit the company.”

Developing employee potential is also important. Notes Mixon, “When employees feel valued and appreciated, they take stronger ownership of their work and seek new opportunities to grow in their roles. This not only benefits the employee, but also the company and its customers.”

Howard Behar, retired president of StarbucksCoffee Company, used this same tactic of showing employees they are appreciated to help establish the Starbucks culture, which stresses the importance of people over profits. For example, Starbucks made sure there were no special perks for executives. “All employees are called ‘partners’ and there is no separation in any way of partners and the management team. Outside of pay and stock, every partner gets the same, even the same health insurance. We did this because it was the right thing to do, not because we thought it would help us build respect,” Behar explained.

In addition, the Starbucks management team held ‘open forum’ meetings where any partner could ask anything and they would address it. “It was open dialogue, and I mean really open dialogue during these meetings. If they wanted to debate what I was paid as the president of the company then they could,” said Behar. “No topic was off-limits.”

The management team also included a feedback card in every partner’s paycheck asking for comments on anything that seemed in contradiction to the company’s values and morals – with Behar reading every feedback card submitted. If an executive didn’t live up to the values and morals of the company, the organization would eject that individual. Behar added, “You could get fired a lot faster for not living the values than not achieving the financial numbers.”

Bottom Line: Are you a manager/employer looking to earn the respect of your employees? Then focus on relationships and trust. The foundation for earning respect is establishing good relationships with employees by building trust within the organization. Explains Behar, “If people are feeling trust, they will be more productive, are more willing to take risks, be creative, and solve difficult problems. It doesn’t mean issues won’t arise, but it means you can withstand just about anything because you can talk things through.”

Read the original article.

Source:
Quast L. (17 September 2012). "5 Tips For Employers To Earn Respect From Employees" [Web blog post]. Retrieved from address https://www.forbes.com/sites/lisaquast/2012/09/17/5-tips-for-employers-to-earn-respect-from-employees/#5c3c8a1826ac


5 things to know about this year’s flu

The nation is having a Terrible, Horrible, No Good, Very Bad flu season.

Flu is widespread in 46 states, according to reports to the U.S. Centers for Disease Control and Prevention (CDC).

Nationally, as of mid-December, at least 106 people had died from the infectious disease.

In addition, states across the country are reporting higher-than-average flu-related hospitalizations and emergency room visits. Hospitalization rates are highest among people older than 50 and children younger than 5.

In California, which is among the hardest-hit states, the virus struck surprisingly early this season. The state’s warmer temperatures typically mean people are less confined indoors during the winter months. As a result, flu season usually strikes later than in other regions.

Health experts aren’t sure why this season is different.

“We’re seeing the worst of it right now,” said Dr. Randy Bergen, a pediatrician who is leading Kaiser Permanente-Northern California’s anti-flu effort. “We’re really in historic territory, and I just don’t know when it’s going to stop.” (Kaiser Health News, which produces California Healthline, is not affiliated with Kaiser Permanente.)

Here are five things you should know about this flu season:

1. It’s shaping up to be one of the worst in recent years.

The H3N2 influenza A subtype that appears to be most prevalent this year is particularly nasty, with more severe symptoms including fever and body aches. Australia, which U.S. public health officials follow closely in their flu forecasting — in part because their winter is our summer — reported a record-high number of confirmed flu cases in 2017. Another influenza B virus subtype also is circulating, “and that’s no fun, either,” Bergen said.

Flu season in the U.S. typically starts in October and ends in May, peaking between December and February.

2. This season’s flu vaccine is likely to be less effective than in previous years.

U.S. flu experts say they won’t fully know how effective this season’s vaccine is until the it’s over. But Australia’s experience suggests effectiveness was only about 10 percent. In the U.S., it is 40 to 60 percent effective in an average season. Vaccines are less protective if strains are different than predicted and unexpected mutations occur.

3. You should get the flu shot anyway.

Even if it is not a good match to the virus now circulating, the vaccine helps to ease the severity and duration of symptoms if you come down with the flu.

Children are considered highly vulnerable to the disease. Studies show that for children a shot can significantly reduce the risk of dying.

High-dose vaccines are recommended for older people, who also are exceptionally vulnerable to illness, hospitalization and death related to the flu, according to the CDC.

“Some protection is better than no protection,” Bergen said, “but it’s certainly disappointing to have a vaccine that’s just not as effective as we’d like it to be.

Shots may still be available from your doctor or local health clinic, as well as at some chain drugstores. Check the Vaccine Finder website for a location near you.

4. Basic precautions may spare you and your family from days in bed.

As much as possible, avoid people who are sick. Wash your hands frequently and avoid touching your mouth, nose and eyes.

Masks aren’t particularly effective in keeping you from catching the flu, although they may help keep sick people who wear them from spreading their germs further.

If you are sick, cover your cough and stay home from work if you can, Bergen said. Remaining hydrated, eating nutritious foods and exercising can also help strengthen your immune system.

Because elderly people are so vulnerable to the flu, some nursing homes and assisted living facilities may limit visitors and resident activities, depending on the level of illness.

 

5. Don’t mistake flu symptoms for those of a common cold.

The hallmarks of flu are fever and body aches that accompany cough and congestion, Bergen said.

If you feel as if you’re having trouble breathing, or if your fever can’t be controlled with medication like Tylenol, check with your doctor. It’s even more important for patients to see a doctor if they have a chronic medical condition like diabetes or heart disease, or if they are young or elderly.

Kaiser Permanente doctors now are being advised to prescribe antiviral drugs like Tamiflu — given as a pill or, for kids, an oral suspension — even without a lab test for influenza, Bergen said. According to a report in the Los Angeles Times, however, Tamiflu supplies are running low.

And Bergen cautioned that these medications are only partly effective, reducing the time of illness by just a day or two.

Read the original article.

Source:
Kaiser Health News (22 January 2018). "5 things to know about this year’s flu" [Web blog post]. Retrieved from address http://workwell.unum.com/2018/01/5-things-know-years-flu/

Here’s What the Health Insurance Renewals Process Looks Like

Between rising costs and health care reform, there are a lot of factors to consider for your renewal. With our visual presentation, it’s easy to understand all your options – and legal obligations – simplifying the conversation.

However, we understand you may be new to the renewal process or need a refresher on what it looks like, so we pulled this article from Just Works:

If your company provides health insurance plans to employees, or is considering offering it for the first time, you’ll have to become familiar with the annual renewals process.

Health insurance renewals are a yearly occurrence in which companies adjust their rates and offerings and allow employers to select the best plans. The process includes insurance companies, employers, and employees at various stages.

Why Do Health Insurance Renewals Happen Every Year?

For employees, renewals occur annually to allow you to change your plan based on your current needs. As an employee of your company, you’ll have the opportunity to switch plans, add a dependent, or opt out if needed. You can also keep things the same as they were in the previous year.

As an employer, renewals are an opportunity to change which plans your employees will have access to and your company’s contribution.

For insurance carriers, renewals happen annually to make sure plans are up-to-date with rules and regulations, adjust pricing to take into account inflation in the health insurance industry, and reassess risk.

What Does the Renewals Process Look Like?

  • Reassessment stage. Insurance companies reassess pricing for the upcoming year and then decide on any altered costs and services to the employer. These costs generally rise year-to-year with inflation rates in the healthcare industry due to technology, research, administrative costs, and other factors.
  • Presentation stage. Insurance providers present available plans to companies. You will be presented with the options your employees will have access to and pricing for the upcoming year.

  • Selection stage. You’ll have the opportunity to select the plans your employees will have access to. Your employees can have access to up to four plans, and you can make your selections online. Once you make your selections, you’ll choose your contribution amount (how much you want to contribute per plan for each of your employees).
  • Employee enrollment stage. Once you’ve selected which group plans your employees will have access to, open enrollment will begin for your employees. They’ll be presented the plans you’ve selected to be available for them. This is their opportunity to switch due to different life circumstances and based on their budgets.
  • Completion stage. Once your employees have selected their plans, coverage is effective on the date your insurance provider or PEO stipulates.

What is the Timeframe for Renewals?

Not all plans renew on the same calendar year schedule. If you’re with a PEO, you’re on a master policy that must renew at a specified time, regardless of when your company signed on. Although you can’t choose the renewal date, master policies are what allow PEOs to give small businesses enterprise-level rates.


 

 

Source:
JustWorks (1 September 2017). "Here’s What the Health Insurance Renewals Process Looks Like" [Web Blog Post]. Retrieved from address https://justworks.com/blog/healthcare-renewals-process


Understanding W-2 Reporting under the ACA

From our partner, UBA Benefits, let's take a look at W-2 Reporting under the ACA (Affordable Care Act) and how to better understand it:


The ACA requires employers to report the cost of coverage under an employer-sponsored group health plan. Reporting the cost of health care coverage on Form W-2 does not mean that the coverage is taxable.

Employers that provide "applicable employer-sponsored coverage" under a group health plan are subject to the reporting requirement. This includes businesses, tax-exempt organizations, and federal, state and local government entities (except with respect to plans maintained primarily for members of the military and their families). Federally recognized Indian tribal governments are not subject to this requirement.

Employers that are subject to this requirement should report the value of the health care coverage in Box 12 of Form W-2, with Code DD to identify the amount. There is no reporting on Form W-3 of the total of these amounts for all the employer's employees.

In general, the amount reported should include both the portion paid by the employer and the portion paid by the employee. See the chart below from the IRS' webpage and its questions and answers for more information.

The chart below illustrates the types of coverage that employers must report on Form W-2. Certain items are listed as "optional" based on transition relief provided by Notice 2012-9 (restating and clarifying Notice 2011-28). Future guidance may revise reporting requirements but will not be applicable until the tax year beginning at least six months after the date of issuance of such guidance.

  Form W-2, Box 12, Code DD
Coverage Type Report Do Not
Report
Optional
Major medical X    
Dental or vision plan not integrated into another medical or health plan     X
Dental or vision plan which gives the choice of declining or electing and paying an additional premium     X
Health flexible spending arrangement (FSA) funded solely by salary-reduction amounts   X  
Health FSA value for the plan year in excess of employee's cafeteria plan salary reductions for all qualified benefits X    
Health reimbursement arrangement (HRA) contributions     X
Health savings account (HSA) contributions (employer or employee)   X  
Archer Medical Savings Account (Archer MSA) contributions (employer or employee)   X  
Hospital indemnity or specified illness (insured or self-funded), paid on after-tax basis   X  
Hospital indemnity or specified illness (insured or self-funded), paid through salary reduction (pre-tax) or by employer X    
Employee assistance plan (EAP) providing applicable employer-sponsored healthcare coverage Required if employer charges a COBRA premium   Optional if employer does not charge a COBRA premium
On-site medical clinics providing applicable employer-sponsored healthcare coverage Required if employer charges a COBRA premium   Optional if employer does not charge a COBRA premium
Wellness programs providing applicable employer-sponsored healthcare coverage Required if employer charges a COBRA premium   Optional if employer does not charge a COBRA premium
Multi-employer plans     X
Domestic partner coverage included in gross income X    
Governmental plans providing coverage primarily for members of the military and their families   X  
Federally recognized Indian tribal government plans and plans of tribally charted corporations wholly owned by a federally recognized Indian tribal government   X  
Self-funded plans not subject to federal COBRA     X
Accident or disability income   X  
Long-term care   X  
Liability insurance   X  
Supplemental liability insurance   X  
Workers' compensation   X  
Automobile medical payment insurance   X  
Credit-only insurance   X  
Excess reimbursement to highly compensated individual, included in gross income   X  
Payment/reimbursement of health insurance premiums for 2% shareholder-employee, included in gross income   X  
Other situations Report Do Not
Report
Optional
Employers required to file fewer than 250 Forms W-2 for the preceding calendar year (determined without application of any entity aggregation rules for related employers)     X
Forms W-2 furnished to employees who terminate before the end of a calendar year and request, in writing, a Form W-2 before the end of the year     X
Forms W-2 provided by third-party sick-pay provider to employees of other employers     X

 

Source:

Capilla D. (21 December 2017). "Understanding W-2 Reporting under the ACA" [web blog post]. Retrieved from address http://blog.ubabenefits.com/understanding-w-2-reporting-under-the-aca