The U.S. Department of Labor (DOL) has issued a final rule that requires federal contractors and subcontractors to post a notice advising employees of their rights under the National Labor Relations Act (NLRA), the primary law governing relations between unions and employers in the private sector. This notice advises employees of their rights under the NLRA to form, join and assist a union, and to bargain collectively with their employer. It also lists examples of illegal conduct by employers and unions, and provides contact information to the National Labor Relations Board. Federal contractors and subcontractors must post the prescribed notice conspicuously in plants and offices where employees covered by the NLRA perform contract-related activity, including all places where notices to employees are customarily posted, both physically and electronically. Employers that fail to comply with these notice requirements may be subject to sanctions, including suspension or cancellation of the contract and debarring them from future federal contracts. For more information and to obtain copies of the prescribed notice, visit the DOL Web site.
The U.S. Court of Appeals for the Eleventh Circuit (covering Alabama, Florida, and Georgia) has held that an employee does not have the absolute right to commence FMLA leave. In Krutzig v. Pulte Home Corp., the plaintiff, who at the time was on a performance improvement plan, requested FMLA so that she could have surgery on her foot. On the same day that the plaintiff requested leave, a customer filed a complaint with a company vice-president against the plaintiff. The next day, Pulte Home Corp. terminated the plaintiff, based on her failure to address the issues raised in her performance improvement plan and the complaint made by the customer. The plaintiff sued, claiming that her termination was in retaliation for taking FMLA leave and that her employer interfered with her right to take leave under the FMLA. However, the company vice-president who terminated the plaintiff testified that he was not aware that the plaintiff had requested leave at the time he made his decision. Based on these facts, the trial court granted summary judgment in favor of the employer and dismissed the plaintiff’s lawsuit.
The Court of Appeals affirmed the trial court’s decision, holding that “[a]s with the FMLA right to reinstatement, the FMLA right to non-interference with the commencement of leave is not absolute, and if dismissal would have occurred regardless of the request for FMLA, an employee may be dismissed, preventing her from exercising her right to leave or reinstatement.” The Eleventh Circuit joined the Sixth, Eighth, and Tenth Circuits in holding that “an employee who requests FMLA leave has no greater protection against her employment being terminated for reasons unrelated to an FMLA request than she did before submitting her request.”
In Stengart v. Loving Care, the New Jersey Supreme Court held that an employee had a reasonable expectation of privacy in e-mails she sent to her attorney via a personal, password protected e-mail account on a company computer. As part of her employment, Loving Care issued Ms. Stengart a laptop computer. Loving Care’s electronic communications policy stated that the company had a right to review and access all material kept on its electronic media systems at any time, with or without warning. The policy also allowed employees to use its servers and computers for occasional personal email or other use.
Ms. Stengart used her company-issued laptop computer to access her personal Yahoo! E-mail account and to correspond with an attorney regarding her allegations of harassment and discrimination by Loving Care. She eventually resigned her position and sued Loving Care. The company hired a computer specialist to retrieve files from Ms. Stengart’s laptop. The specialist found her correspondence with her attorney, which the laptop had automatically saved in a “cache” folder of temporary Internet files. Loving Care argued that Ms. Stengart’s e-mails were not privileged or confidential because she had no expectation of privacy in communications on its media systems.
The New Jersey Supreme Court disagreed, holding that Loving Care’s communications policy was too broad to encompass private, password protected e-mail communications, especially where the content was attorney-client communication. Loving Care’s failure to include personal, password protected e-mail in its electronic communications policy specifically, as well as its allowance of occasional personal use created a reasonable expectation of privacy. Although recognizing a company’s ability to enact policies that protect its assets, reputation, and productivity, and to ensure compliance with company policy, the court held that Loving Care had no legitimate purpose in reviewing the content of attorney-client communication.
Employer Tip: Although this is a “narrow” decision that applies only in New Jersey to communication with counsel, it sends a clear warning to all employers about diving too deeply into employee e-mails, etc. Employers should also heed a warning that they “specifically include personal, password protected e-mail in its electronic communications policy,” and beware of any “allowance of occasional personal use creating a reasonable expectation of privacy.”
Article courtesy of Pettit Kohn Ingrassia & Lutz.
In their recent Webinar on Healthcare Reform, attorneys Doug Seaton and Emily Ruhsam focus on nine key changes that take effect on January 1, 2011 (for calendar year health plans):
- Non-grandfathered plans must provide for certain internal appeals procedures (including an external review process).
- Non-grandfathered plans must cover certain preventative services (i.e., immunization and infant screenings) without cost sharing.
- Non-grandfathered, fully insured plans must undergo non-discrimination testing (currently a requirement for self-insured plans only). This is similar to the top-heavy discrimination testing for 401(k) plans.
- Plans that offer dependent coverage must offer coverage until age 26 (grandfathered plans must cover such dependents only if the dependent is not eligible for other employer-sponsored coverage).
- Prohibits pre-existing condition limitations for children under 19.
- Abolishes lifetime limits on minimum essential benefits.
- Prohibits “unreasonable” annual limits on minimum essential benefits.
- Prohibits recession (cancellation) of participants.
- Prohibits reimbursement of over-the-counter medications (without a physician prescription through a Health Flexible Spending Account, Health Reimbursement Account, Health Savings Account, or Archer Medical Savings Account).
HR That Works members can watch the Webinar and read the complete report on HR That Works.
In my workshops, I joke that it “only takes one felon to ruin a day.” This isn’t funny, especially if such a person has victimized you. Unfortunately, despite the recommendation that employers should do criminal background checks on all employees, most still don’t, either because they think that bad things only happen to other companies or they claim that they don’t have the time or money. This is a huge mistake. Remember, felons have sold drugs, defrauded, robbed, assaulted or killed people, embezzled, or engaged in many other criminal acts. I’m not saying that you should never hire ex-felons. I have some printing company clients who run their presses 24/7. Most of their third shift have criminal records. At least they know what type of person they’re dealing with!
Remember this too: If you use a temporary firm, recruiter, leased employee, etc. make sure that whoever provides you with this person has done their criminal background checks.
Consider using HR That Works partner www.globalhrresearch.com for your criminal background checks.
I just listened to a great Freakonomics podcast, in which the authors discussed “faking it:” Everything from saying, “I’m sorry” to “I love you,” as well as “Yes, I’m happily married with kids and I play golf” in order to land a sales job. Of course, there’s a fine line between innocence and manipulation when we fake it. We figure that it’s OK to lie about family life because if it helps you to get the job, you know you’ll perform when you get there and then your employer will have no regrets. So what’s the harm? We say we’re sorry, even though we don’t mean it because we still want the other person to like us – and, in the end, we want to be able to like ourselves.
One of my favorite questions when I’m recruiting someone is, “What felt unfair to you in your last job?” This is where “faking it” meets the road. How we respond to this question provides a good measure of our integrity or personal culture. Will we always answer with 100% honesty? Really? Even if doing so could hurt you or someone else? Is brutal honesty always worth the price paid?
Of course, where to draw this line is never the same for two people. In large measure, it’s about having enough self-confidence to handle things in a way that would make you proud – to perhaps mitigate, but at the same time accept, any discomfort the honest answer might cause.
Unfortunately, there’s a lot of faking it in the workplace, caused by any of Maslow’s Hierarchy of Needs: Survival, security, belonging, ego gratification, and self-actualization. It’s easy to see how we might lie for survival purposes (“I really need this job”). However, it’s more difficult to justify faking it for self-actualization (“This little white lie might spur this person toward positive action”).
As the podcast noted, everybody fakes it. In the end, nobody is responsible for the consequences of our faking it except us. Even if the outcome is positive, it can put a dent in our soul, somehow cheapening the experience. The end, of course, does not always justify the means.
So what lesson can we learn? Create a work environment that diminishes the need for faking it. It’s about communicating expectations, ethics, vision, and the other variables that come in to play. In Four Arguments, Don Miguel Ruiz says that we need to be impeccable with our word – without exception. As a manager, we don’t BS people hoping we can gain their loyalty or productivity. On the other hand, if people aren’t performing on the job, we need to be honest about saying so, despite the fact that this might not feel fair to the other person. As employees, we can be honest about our commitment to an organization, our work ethic, and our long-term plans. We can make sure that we don’t place ourselves in situations or with companies where we can’t be honest.
One of the podcast authors asked what would happen if we had a “National No Faking It Day,” where people decided to be brutally honest for 24 hours. In response, the other authors predicted “a jump in the homicide rate.”
In the end, the authors thought that, in order to survive, we need to fake it. For example, it probably wouldn’t make sense for a manager to say exactly what’s on her mind at the moment she’s upset with someone she dislikes. We might not want to speak truthfully about how we feel about a client while they’re in front of us. Or we might not want to punch that guy in the nose – even if he deserves it.
Finally, bear in mind that we have been conditioned to believe that we should “fake it until we make it” by pretending that we like an unpleasant person or situation until we really do or the problem goes away.
If you are single, you might believe the myth that you do not need Life insurance. Nothing could be further from the truth. Would you believe that as a single person, you might need Life insurance even more than if you were married? Married people leave behind spouses who can provide for their family. If you are single and pass away, your family might be impacted in a way you might not have considered.
When young adults pass away, they typically leave a lot of one thing behind: Debt. For instance, you might have graduated from college with a large student loan. To get that loan, it is likely that your parents co-signed for you. A co-signer accepts 100% responsibility for repayment of the loan should the other borrower default. Therefore, if you die with a student loan and you obtained the loan with a co-signer, your co-signer will be responsible for repayment of that loan. In addition to the possibility of leaving behind loans, the cost of your final expenses might be more than you realize. Burial and funeral costs can run into the thousands, often making it difficult for family members to meet the financial obligations of paying for a funeral. A Life insurance policy can protect your family from having to meet financial obligations on your behalf.
If you’re a single parent, your need for Life insurance might be more obvious. You provide the only income for your family and are the sole means of support for your children. If you pass away, your extended family might be able to step in and help out. However, it is highly likely that they might not be able to completely or comfortably cover your family’s expenses. Thus, a single parent’s need for Life insurance might be even greater than a married couple’s.
What if your spouse has died and your children are grown? With proper estate planning, Life insurance can help protect your estate so you can pass on the majority of the estate to your heirs, rather than to the government. Life insurance premiums for seniors have traditionally been cost prohibitive, but due to the country’s healthy senior population, premiums are becoming more affordable.
There are many options available in Life insurance policies, and you can purchase a policy that is tailored for your specific circumstances. If you obtain a Cash Value Life insurance policy and pay your required premiums, the policy will be in force for life and will become an asset in your future. Another option would be to choose a policy where you can lock in the premium rate. Premiums are lower for younger adults and increase as you age. Certain policies will maintain your low fixed premium rate for your entire life.
Regardless of your marital status or the ages of your children, Life insurance provides you with a sense of security and is an asset in your financial portfolio. The death benefit provided to your loved ones upon your death might encourage you to consider Life insurance, but the cash value of certain types of policies might cause you to appreciate its contribution to your own financial future. Whatever your stage in life, consult with one of our financial advisors to discuss which Life insurance options are best for you.
Life insurance offers a benefit that many people don’t even realize: The benefit of enjoying your retirement savings. You might not see the connection between a Life insurance policy and retirement, but there are actually two ways in which this coverage can help you relax and enjoy your retirement years:
- Life insurance can provide a legacy to your heirs.
- A Life insurance policy with sufficient cash values can be used for supplemental retirement income.
Life Insurance Benefit 1: Legacy Planning. Without Life insurance, the only way to leave behind a legacy to your heirs is by preserving some of your net assets for their inheritance. That means instead of enjoying your retirement by traveling, shopping, and relaxing you must be ultra conservative about your spending. You need to budget carefully, sacrifice your own enjoyment and not only make sure that you don’t over-spend your retirement savings, but ensure that you under-spend it. When there are fluctuations in the market and your retirement account balances begin to fall, legacy savings add additional stress to the situation and can even result in resentment of those to whom you once wanted to leave a legacy.
With Life insurance, you never have to worry about legacy planning. Your heirs will inherit the Life insurance death benefit proceeds and they won’t contend with the hassle of probate, estate taxes (if structured properly) or fluctuation in estate value based on the market. The best part is that you don’t even need a high cash value Life insurance policy; you can obtain a Permanent or Term insurance policy that offers only a death benefit. Either way your needs, goals and objectives are covered.
Life Insurance Benefit 2: Supplemental Income. There might come a time during your retirement when you need an extra source of cash to tap into, for example, to help a friend or family member through a difficult time, or to help you bridge a small financial gap. If you do need a loan, who better to borrow money from than yourself? When you take a tax-free loan from the cash values of your Permanent Life insurance policy, you pay interest back to yourself — not to a bank, but to your own policy.
If you are unable to pay off the loan before your death then your death benefit will be reduced by the outstanding loan value. That means you can borrow money, not pay it back and still leave a legacy (as long as the policy doesn’t lapse due to insufficient values). Because significant cash values can take years to accrue, the time to buy a Life insurance policy for tax-free retirement income is now.
Whether you are worried about the financial stability of your investments or you simply don’t want the stress of trying to under-spend your retirement savings, a Life insurance policy could be the right answer for you.
There’s just something a little scary about receiving a medical bill or a letter from your insurance company claiming you owe money. These tiny sheets of paper have the power to send many of us into panic mode. As soon as you receive a medical bill or explanation of benefits (EOB) from your insurance provider, do you immediately whip out your checkbook and mail in your payment? Are you terrified you’ll be turned over to a collection agency if you don’t pay the bill right away? Not so fast! Before you cough up the cash for that medical bill or EOB, it’s important to do a little homework. Don’t simply assume that you have to pay the bill. First of all, it could be a mistake. Secondly, the doctor’s office or hospital will not send your bill to collections right away. And most importantly, if you pay the bill only to realize later that it was covered by your insurance, it can be extremely difficult to get a refund.
So, put away that checkbook and read on to learn the solutions to four common medical bill problems:
Common Problem #1: You receive a bill for a covered service. Let’s say your medical provider sends you a bill for a service or procedure that your insurance has always covered in the past. Don’t assume your insurance provider has simply changed their coverage. More often than not, this just means that the insurance company hasn’t had a chance to pay the bill. If you receive a bill for commonly covered service, let it sit for 30 days. This should give your insurance provider plenty of time to pay off the bill. However, if you receive another bill from the medical provider, give your insurance company a call to find out what’s going on. You should also call the medical provider to let them know that you’re working with the insurance company to make sure they pay.
Common Problem #2: You see the word “DENIED.” You go to the doctor or dentist for a standard service that’s usually covered by your insurance company. However, a few weeks later, you receive a claim stamped with the menacing word, “DENIED” in bright red letters. Don’t freak out because it’s probably just a mistake. The medical provider might have coded the treatment incorrectly. Call your insurance company and make sure the claim matches the actual service you received. If not, let them know what happened, and find out the proper code for your treatment. You might need to follow up with the medical provider, as well.
Common Problem #3: You have a jumbled pile of EOBs and bills and no idea what you owe. If you have a number of EOBs and medical bills, it can be difficult to figure out what goes with what and how much you need to pay. That’s why it’s important to keep all of your medical records as organized as possible. A little bit of organization could save you a whole lot of time, money, and frustration down the road. When you receive a bill from your medical provider, staple it to the coordinating EOB from your insurance company. Keep all of your bills in a folder so you can access them easily and quickly. If you call your insurance company or medical provider to discuss a particular claim, write notes on the EOB or bill to keep track of who you talked to and what you discussed.
Common Problem #4: Only a portion of your claim was paid. Let’s say you received a standard medical treatment that’s typically covered in full by your insurer. But a few weeks later, you discover your insurance company covered only a portion of the claim. It could be a slip-up on the insurer’s end or the medical provider could have coded the treatment incorrectly. But more often than not, this happens when you go to an out-of-network provider. If that’s the case, you’ll probably have to pay this claim. When you go to a provider that is not part of your insurer’s network, you often have to pay more out of pocket. However, if you receive this kind of bill and you’re certain you saw a network provider, give your insurance company a call. It could simply be a mistake.
Of course, this is just a handful of medical billing problems. Patients deal with these and countless other medical billing issues day in and day out. So, the next time you receive a bill or EOB in the mail, don’t panic. When in doubt, call your insurance company and/or the medical provider to discuss your concerns.
Whether you drive 600 miles a year in your RV (recreational vehicle) or 6,000, you need to have suitable insurance protection before hitting the road. Because insurance policies tailored to the needs of motor homes, recreational vehicles, fifth-wheels and/or travel trailers vary from state-to-state and policy-to-policy, it is important to insure your RV with at least the basics.
Most insurance specialists agree that Comprehensive coverage is a must, as it covers most direct, sudden, and accidental losses including those caused by collision, theft, vandalism, fire, smoke, landslide, windstorm, lightning and hail. You might also want coverage for RV awnings, satellite dishes, and other accessories. There are even policies that cover emergency expenses, including lodging or travel expenses home if the RV is damaged or destroyed by a covered loss while more than 50 miles away from home.
Look for an insurance policy that provides adequate campsite/vacation liability, coverage for when the RV is parked, and for when you are using the RV as a temporary residence. Because it protects the RV from costly depreciation, Total Loss Replacement coverage might also prove to be useful and is well worth the minimal added cost. With Total Loss Replacement coverage, the RV owner gets a new RV of similar kind and quality if the vehicle is destroyed within its first five model years. This is unlike standard Automobile policies that only pay the actual cash value of the RV at the time it is destroyed. You can also add Replacement Cost coverage on personal belongings that are stolen from the RV or destroyed while in the RV.
RV owners should also consider buying a special Stationary policy that offers extensive comprehensive and contents coverage if the RV is used as a seasonal or permanent residence. This includes coverage for liability, medical payments to others, and property damage claims caused by an accident for which RV owners may be held liable. Your Homeowners or Auto insurance policies might not cover exposures related to the use of your RV as a residence – even if just seasonally.
Because such special coverage policies vary from one state to the next and some coverages aren’t offered in all states, it is important to do your homework, or better yet, your “RVwork,” and find a policy that suits your travel needs.
