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401(K) PLANS: SIZE DOES MATTER

By Employment Resources

Guess what? 401(k) plans that supply more money and a larger number of participants to a vendor receive certain benefits that smaller programs don’t enjoy. These might be extra services or fewer basis points in administrative costs. However, if you’re using a smaller plan, don’t fret: What you signed on for initially isn’t necessarily what you must live with forever.

A growing plan should be alert for any discounts and services for which it might be eligible once it reaches certain thresholds. Experts say that when companies get to about an average account balance of $30,000 they should start negotiating for a better deal or tell the plan provider that they’re looking for another vendor. Investment companies don’t want to lose their business.

Most providers designate certain products for specific plans. Some look at the number of participants; others consider the size of the plan portfolio. Still others use average account balance as a gauge. For example, one major fund company divides its clients into five groups based on size and offers different services for each classification, ranging from electronic 401(k) plans for the smallest group to defined benefit administration and consulting services for the largest. Another offers similar services for both small and medium-sized 401(k) plans, but charges different prices to each. As assets rise, an automatic adjustment feature decreases the charge.

The moral: Stay on top of your company’s plan and follow up with your provider once the assets reach a certain level. When negotiating for a new or updated contract, make sure that you understand the thresholds and try to have new product enhancements kick in automatically.

If the assets of your company’s plan have appreciated over time, call us for a review of the details. We’re here to help.

FIVE WAYS TO PUT THE KIBOSH ON EMPLOYEE PRACTICES LAWSUITS

By Employment Resources

What are the biggest employee-related mistakes businesses are making these days? How can you defuse these potential time bombs before they explode into costly disputes? Here’s an overview of the top five employer mistakes and how to avoid them.

  1. Failing to establish an effective sexual harassment policy. Recent Supreme Court decisions have held employers liable for their supervisors’ actions unless complaining employees fail to take advantage of company complaint procedures. In light of these rulings, it’s more important than ever to implement policies and procedures for dealing with sexual harassment.
  2. Failing to pay overtime to nonexempt employees. All too many businesses pay employees a salary regardless of the number of hours they work and whether or not they’re subject to wage and hour laws. Unless employees are exempt as administrative, executive, or professional workers, you must pay them time-and-a-half their regular hourly pay for all hours worked in excess of 40 per week.
  3. Failing to complete I-9 forms for new employees. Some employers photocopy employee-produced documents without filling out the parts of the forms that describe the documents. This can be a costly mistake if you face an audit from the U.S. Citizenship and Immigration Services (USCIS).
  4. Failing to take and document disciplinary actions. Employees who have been discharged for poor performance often have glowing evaluations in their files. This can expose the employer to lawsuits.
  5. Failing to discharge poor performers quickly. If you’ve retained employees for many years despite poor attendance records, multiple infractions, and even several “final” warnings in their files, you’re asking for trouble. These employees are the most likely to sue when they’re finally discharged.

It makes sense to implement these policies — and to supplement them by carrying Employment Practices Liability Insurance. Our employee benefits professionals would be happy to offer you their advice. Just give us a call.

MAKE HEALTH-RELATED BENEFITS APPEALING TO BOOMERS

By Employment Resources

Although many Baby Boomers have entered retirement, millions remain in the workforce and continue to be a valuable employee base that you’ll want to attract and keep. To make your benefits package appealing to this ubiquitous generation, consider these tips from a recent trade press report:

  • Ask the boomers in your company what benefits they desire. Generally speaking, boomers tend to have different wants and needs than other demographic groups. Don’t assume that what works at a rival or neighbor company will work in your case; individual businesses are as different as snowflakes.
  • Provide comprehensive Health insurance. Limited-benefit medical plans probably won’t appeal to boomers, because they’re generally skilled and educated workers who you’ll want to retain.
  • Up the stakes on Dental plans. The boomers smiled and grooved all through the 1960s, but now they have aging teeth that they need to protect. In other words, they’ll want a dental plan with a higher maximum, even if that means paying the entire cost of coverage themselves.
  • Include vision care. Yes, most boomers could see the stage perfectly from their lawn seats at the Crosby, Stills, Nash & Young concert in ’70 — but now they’ll most likely need contacts and glasses.
  • Think about including Health Savings Accounts or Health Reimbursement Arrangements. HSAs and HRAs give healthy employees monetary incentive to steer away from doctors. Personal health accounts also give boomers with health problems increased control over spending on daily medical expenses.

To learn more about how to customize your benefits program for the needs of boomers, feel free to get in touch with one of our specialists.

EMPLOYEE THEFT: SMALL BUSINESSES BEWARE!

By Risk Management Bulletin

Fraud costs businesses uncounted billions a year. Consider these conclusions from a 2011 worldwide survey by the Association of Certified Fraud Examiners:

  • Survey participants estimated that the typical organization loses 5% of its revenues to fraud each year.
  • The median loss caused by the occupational fraud cases in the survey came to $140,000. More than one-fifth of these cases caused losses of at least $1 million.
  • The most common method of fraud was check tampering, followed by skimming (the theft of unrecorded sales), billing manipulations and expense reimbursements.

In fact, small businesses are usually more vulnerable to embezzlement than Fortune 500 corporations. “Small companies are more prone to becoming victims of embezzlement because they don’t have internal controls and have oversights by outside auditors,” says accountant and former IRS agent Gary Iskowitz.

One reason small companies take a bigger hit is because the scams are harder to detect and last longer, sometimes several years, experts say. Despite their vulnerability, many of these businesses don’t take basic precautions to deter fraud. “There’s a reluctance to think about this, compared to larger companies. The attitude is, ‘I’ve got too many other things to think about as a business owner,'” said Rich Simitian, Southern California managing partner for accounting firm Grant Thornton.

Most of the fraudsters aren’t hardened criminals but rather longtime, often trusted workers who rise through the ranks and take on major responsibilities. Employee theft usually starts small and then escalates over time, often triggered by the worker’s personal financial problems.

To learn how you can develop a comprehensive program to help protect your business from these “inside jobs,” feel free to get in touch with our risk management specialists.

USE RISK MANAGEMENT TO HELP CUT COMP COSTS

By Risk Management Bulletin

Any business owner knows that sound risk management provides a foundation on which to stack all other operation strategies — and a great way to reduce accidents and injuries and lower your Workers Comp premiums.

Because this is such an important topic, here are the seven essential benefits of a risk management program, according to The National Alliance for Insurance Education & Research:

  1. Reduced cost of accidents
  2. Providing adequate protection
  3. Economy of operations
  4. Integration of safety plans
  5. Reduced risk of criminal liability
  6. Ability to plan and budget more effectively
  7. A clearer focus on the big picture

If you hire someone to oversee risk management, the Alliance recommends that they:

  • Develop and communicate risk-management policies
  • Prepare recommendations and reports
  • Conduct risk-identification surveys
  • Analyze and measure exposures
  • Review leases and contracts
  • Coordinate compliance with regulations
  • Implement risk-control programs
  • Investigate accidents
  • Manage claims and litigation
  • Arrange risk financing (including insurance); establish retention programs
  • Determine and allocate cost of risk
  • Monitor results

Our agency would be happy to review your risk management program at your earliest convenience and recommend precautions that can help keep Comp premiums under control.

IS A THREAT TO SAFETY HIDING IN YOUR WALLS?

By Risk Management Bulletin

You might not be aware of a risk management issue lurking on your premises. Mold flourishes in wet conditions with poor ventilation if there’s organic material present in the environment. These conditions can exist in hidden or little-used areas of a building, such as behind walls, in ventilation systems, on support structures, or in basements, according to loss control specialists.

Mold can lead to costly property damage or serious injury. The New York City Health Department notes that indoor exposure for humans requires that mold or fungus materials be released into the air and inhaled, exposed to the skin, or ingested. Some of the 100,000 mold species give off spores that cause allergies. Certain mold species produce “mycotoxins,” which many health experts believe can lead to asthma, headaches, memory loss, and seizures.

Insurance trade groups have questioned whether there’s a relationship between mold and injuries. However, courts have allowed damage awards in mold-related cases — and defendants and insurers have settled injury claims, driving up insurance premiums.

It makes sense to have the surfaces and air of your premises inspected for potential sources of mold. Government regulators and businesses throughout the nation are following the New York City Health Department’s “Guidelines on Assessment and Remediation of Fungi in Indoor Environments.” These standards stress that “the underlying cause of water accumulation must be rectified” or mold growth will recur.

If you have any questions about keeping your workplace free from mold, please feel to give us a call.

THE ECONOMY: PREPARE FOR THE OTHER SHOE TO DROP

By Your Employee Matters

Although I don’t pretend to be a financial expert, I have disciplined myself to learn basic accounting principles. The more financial news and literature I read, the more I want to pound my head. Here’s why:

The global economy remains shaky. The industrialized world, the U.S. included, has fallen deeply into debt. To maintain our affluent standard of living, we have mortgaged our countries, states, cities, and households. Debt is crushing us. Despite their best efforts, many nations will have to devalue their currencies eventually. Japan is one such example. In countries with aging populations (such as Japan, the United States, and Western Europe), demographic trends are upside-down. For the foreseeable future, fewer and fewer workers will be supporting more and more retirees, an unsustainable situation. Something will have to give.

Keynesian economists argue that we can keep going into debt because sooner or later we’ll have boom times and be able to pay off our obligations. For example, at the crest of the dot.com boom, governments were actually running surpluses and we thought we were rich. Those days are gone, at least for a while, until the demographics change once again.

I speak in front of many private company CEOs. Most of them are feeling shaky, even the ones with a positive cash flow. They don’t like the tea leaves either. Collectively they’re highly reluctant to put any of their cash into making investments, including hiring new employees.

Here’s why I’m sharing this gloomy prognostication: You need to prepare your company and clients in case the economy tanks by 10%, 15%, 20% or even more. I believe that such a downturn is only a matter of when, because I see no reason for things to be anything but “flat” at best.

To help prepare you and your clients for this economic crisis, I’d recommend that you follow these guidelines:

  • Change all the time. How do we continue to differentiate ourselves is the question we constantly ask ourselves at HR That Works. Being ordinary, being like your competition, being the same company you were five years ago, won’t cut it moving forward. When the shoe drops, your image needs to be progressive and forward thinking — and yet offer stability.
  • Generate a Plan B under which you can survive a 20% drop in revenue. It would be smart to scale this plan assuming a drop of 10% to 40%. If you don’t have the expertise to generate such cash flow projections on your own, you can easily find someone to do it for you on https://www.elance.com/r/contractors/q-excel%20spreadsheets/cat-finance-management. I did this for my company and it cost roughly $500. That’s money well spent. Knowing that you have a plan to address the worst that could happen offers great comfort.
  • Tighten up performance benchmarks to improve your performance in general. This is no time to stand for subpar performance because somebody has either been there for a long time, is related to someone, is very likeable, etc. Results are what matter.
  • Have your entire team watch The Accounting Game webinar on HR That Works. This is the best accounting webinar I’ve ever seen. Also, have the team watch Brad Hams’ Ownership Thinking. Bear in mind that Accounting is the course most often dropped or failed in college.
  • Conduct “what if …” workshops with your management team and employees. Remember, none of us are as smart as all of us!

The primary goal of risk management is preparation. Don’t let yourself get too comfortable — and thus vulnerable. Have a plan to keep well prepared in case the economy tanks again.

‘INTENTIONAL GROWTH’ IN YOUR HR CAREER

By Your Employee Matters

Keeping with this theme, an excellent article by John C. Maxwell in a recent issue of Success magazine identifies the key factors in “intentional growth.” Here are my recommendations on using these factors to help yourself grow as an HR professional.

  • Start today. Your power lies in the present. Although it’s important to create strategic plans, you need to begin where you are. What will you do today to have a greater impact on your company and help you grow in your career?
  • Take complete responsibility for growth. I’m not a fan of blame or justification. As the Buddha stated, “What comes to you, comes from you.” Your HR career and its impact on the company is what you’ve chosen it to be — at least up to now. It’s your responsibility to grow your career and make bottom-line decisions where you work.
  • Learn from mistakes. I did a training program on Making Mitsakes (the misspelling is intentional). One of the best ways to prevent making mistakes is to “model” people who have been successful before you. For example, who are the most balanced, effective HR executives you’ve ever met — and what are they doing right? Chances are, if you do the same things they do, you will be equally successful.
  • Rely on hard work, rather than good luck. In this economy, you need to work both hard and smart. One important caveat: Don’t think that working longer hours than everybody else is smart.
  • Persevere long and hard. There are no quitters on the way to success. Expect bumps in the road. As I often state in my workshops, how we deal with what feels unfair to us determines our personal culture. People who adopt a survivor mentality, as opposed to a victim mentality, will come out on top.
  • Stick with good habits. The worst habit I see in managers is poor time management (see the article “1,500 Hours of Your Life … Wasted on Busywork”) How many of you have taken a disciplined approach to how you use your time? If you’re an HR That Works Member, take advantage of the Time Management Training Module.
  • Follow through, rather than talking big and doing nothing. It’s far better to get something done and then publicize it afterward, than to brag about what you will do and then trying to justify why you failed to deliver. As the saying goes, “Under-promise and over-deliver.”
  • Take risks. This is a real challenge for the HR community. Having coached many HR executives, I can tell you that most of them tend to follow the rules, rather than taking risks. I encourage you to read Orbiting the Giant Hairball by Gordon MacKenzie. By the way, the term “hairball” refers to company policies and procedures — something that HR is great at developing.
  • Think like a learner. Whether it’s from mistakes or study, life is one big learning lesson. To earn more tomorrow, you must learn more today. This holds true for both the individual and the company as a whole. To what degree are you enhancing your education?
  • Rely on character, as opposed to talent. Having integrity, doing what you said you were going to do, when you said you were going to do it, shows character.
  • Never stop growing. Don’t let yourself get comfortable for too long. You’re either growing or you’re fading. How would you describe what’s going on with you? Where do you have to coax, encourage, and inspire yourself to take the next step toward your growth?

None of this should come as news. It’s about taking action! As Maxwell reminds us, “Growth doesn’t just happen — not for me, not for you, not for anybody. You have to go after it!”

1,500 HOURS OF YOUR LIFE … WASTED AWAY ON BUSYWORK

By Your Employee Matters

“Work can be a life-draining affair.” – Joseph Campbell

Effective time management is essential if you wish to be a successful HR executive — and have a life at the same time. According to CEO surveys, when HR professionals focus their time on administrative and compliance duties (positions in which one is particularly likely to say “no”) their companies don’t see them as being strategic partners to the business. The problem is that HR executives spend an average of only 25% of their time on strategic activities. From a career and company goals perspective, this is akin to orchestrating their own demise.

When I advise HR executives to manage their time more effectively by minimizing administrative and compliance activities, I get a variety of “reasons” why they don’t do so:

  • This simply has to get done.
  • Somebody has to do it.
  • I don’t have the time to delegate this right now.
  • There’s nobody else here to do it.
  • I’m not sure I would know how to delegate it properly.
  • I can’t manage the person to whom I delegated it.

These are all poor excuses that can block your career success.

Let’s think about some numbers. Suppose you spend an average of 10 hours a week managing payroll and other administrative tasks. Let’s say you earn $40 per hour (roughly $80,000 per year) and administrative tasks such as this are the least valuable work you do. In fact, it’s work that $20 an hour people can do. On the conservative side, every hour that you do this work, the company loses $20 an hour — which comes to $800 a month or $9,600 a year. If you put this same effort into doing $60 an hour strategic work instead, the company would gain $20 every hour — and you’d be in a far better position to ask for a raise.

Think about it: if you waste 10 hours a week for the next three years, that’s 500 hours this year, and 1,500 hours during the next three years of your life that you’ll never get back! What’s more, this waste will cost the company at least $30,000.

If you label your work as “A”, “B,” and “C” work, you should be spending 80% of your time on A Work, 20% on B work — and zero time on C work. Otherwise, you’re spinning your wheels.

C work basically wastes time completely. It’s nothing you can delegate; it’s just something you should stop doing. B work is administrative and can be delegated or outsourced — such as payroll and benefits administration. Focus on A work: What the business needs and what you want to get great at doing. A classic example would be training in a company that’s focused on technological advances.

To determine where your time is going — and should be going — use this checklist:

A-Level Activities:

  • Meeting with the executive team to understand their vision, mission, value, goals, etc.
  • Studying and understanding the company’s strategic plans, financials, succession plan, markets, branding, and other operations.
  • Identifying the critical human resource needs for this organization (surveys, observation, focus groups, interviews, etc.).
  • Input into the company’s overall compensation plan, including pay rates, incentives, bonuses, rewards programs, etc.
  • Creating strategic plans and processes for carrying out top objectives.
  • Developing training plans to support implementation.
  • Input into the company’s overall risk-management plan, including assistance with the purchase of benefit programs, Workers Comp insurance, Cyber Liability insurance, and Employment Practices Liability insurance (EPLI).
  • Creating systems for hiring, performance, retention and compliance.
  • Facilitating creativity, branding, suggestion systems, etc.
  • Implementing any other company strategic objectives to which you can provide input.

B-Level Activities:

  • Payroll and benefits administration.
  • Implementation of hiring, performance, retention and compliance systems.
  • HRIS management.
  • Delivery of training.
  • Creation of employee handbook and executive contracts.
  • Personnel files management.
  • Attendance, vacation, and leave management.
  • COBRA administration.
  • Compliance posters and handouts.

C-Level Activities:

  • Employee dramas.
  • Meetings that go nowhere.
  • Doing any $10-20/hour work.

WATCH THOSE ATTENDANCE POLICIES!

By Your Employee Matters

Every month we receive dozens of calls from employers asking whether they can terminate an employee with an attendance problem. In most circumstances, they have every right to do so — especially if there’s a well-defined attendance policy and the company holds other employees to a similar standard. Employers get in trouble when the attendance problem results from a work injury, disability, serious medical condition, pregnancy, or other protected category that impacts the employee or a family member. All too often, employers don’t ask why somebody missed work. In one case, an employer told us the employee was late for work on a repeated basis because she had been having flu-like symptoms and getting sick. The employer never asked what might be causing the problem. It turns out that the employee was pregnant. Terminating her would have been a huge, and costly, mistake.

The law does not expect employers to be doctors or psychiatrists. However, it does create a standard of liability that requires managers to determine, if there is a disability, serious medical condition, or pregnancy involved. In the end, a judge or jury will determine whether the employer met this standard.

In most circumstances, employers don’t face lawsuits for their compliance failures. But bear in mind that it only takes a single employee bringing a claim to expose you to hundreds of thousands of dollars in damages (not to mention legal costs). This is another good reason to make sure that your company purchases Employment Practices Liability Insurance. HR That Works Members should take advantage of the training modules and other tools on leave management.