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FIGHTING TURNOVER

By Your Employee Matters

According to SHRM, turnover rates have dropped in half since 2007, from 16% to 8%, with voluntary turnover dropping from 10% to 9%. To avoid the loss of top talent, companies are offering valued employees salary increases (49%), cash retention awards (32%), stock retention awards (26%), and higher bonus payouts (25%).

However, what do you do if your company doesn’t have the money to fund these types of efforts? There is only one answer brutal honesty. Open your books, let employees know what the real deal is, what your plans are for moving forward, and how they can profit from contributing to this growth. I believe that instead of throwing money at the situation, businesses should give employees the opportunity to produce outstanding results and get paid for their efforts. Here’s a formula that makes sense:

  1. Pay at least the average wage rate.
  2. Give employees incentives with team bonuses. Remember, a rising tide floats all boats.
  3. Create individual incentives. Remember the importance of frequency and high touch.

To learn more about compensation strategies, watch the Webinar we did on Straight Talk About Employee Pay with Chuck Czismar.

THE CONFLICT BETWEEN DISABILITY LEAVE AND ADA ACCOMMODATION

By Your Employee Matters

DeRosa v. National Envelope Corporation (US Court of Appeals for the 2nd Circuit 08-2562-cv)

DeRosa became an employee of National Envelope in 1988 working as a customer service representative. In 2002, he suffered a traumatic injury to his right leg, which resulted in swelling, ulcers, and infections. DeRosa’s physician instructed him to limit the dependency on his right leg and, if possible, work from home. National Envelope agreed to this accommodation; however, in 2004 a new CEO decided to rescind this accommodation.

DeRosa, believing that his medical condition could not permit this change, informed his supervisor that he could not work on site. He was then terminated. DeRosa alleged that his employer encouraged him to file for Social Security Disability payments. There was a conflict on whether he had satisfactorily performed his job duties from home before his discharge. When DeRosa applied for SSDI, he stated that he “became unable to work because of my disabling condition and I am still disabled.� After DeRosa filed for ADA discrimination, the employer tried to argue that he was “stopped”� from doing so because of his statement on the SSDI application. The court disagreed.

This is a scary decision for employers. In this case, the plaintiff filed for Social Security Disability benefits and was then terminated because his employer believed that the employee’s claim that he was disabled from doing his job meant that there was no ADA concern. DeRosa obviously disagreed, claiming that there was an accommodation obligation in any event. The court pointed out that in a previous case, a sworn assertion that an SSDI applicant was “unable to work” could negate an element of an ADA claim unless the plaintiff offers a sufficient explanation for the apparent contradiction.

Lesson learned: A company always runs a risk when it does not engage in accommodation dialogue with any employee on leave for any reason at any time. I’m not sure why the CEO rescinded the work at home accommodation; my guess is that he felt this created a bad precedent or that DeRosa wasn’t performing well. If this is the case, the company should be able to defend itself against the ADA claim. This defense would be stronger if the company can document that it issued warnings and created performance plans for DeRosa before rescinding his accommodation.

NON-DISABLED JOB APPLICANT CAN SUE FOR IMPROPER MEDICAL INQUIRY PRE-HIRE

By Your Employee Matters

The 11th Circuit court case out of Alabama, Harrison v. Benchmark Electronics, involved an employee who was tested before hiring and found to be positive for barbiturates. The court held that although testing for illegal drug use is not a medical inquiry, obtaining information that might have a medical explanation crosses the line. Citing an EEOC Enforcement Guidance regulation, the court stated: “If an applicant tests positive for illegal drug use … the employer may validate the test results by asking about lawful drug use or possible explanations for positive test results other than illegal use of drugs.” However, the regulations, together with the EEOC guidelines, prohibit asking disability-related questions.

So, although employers may conduct follow-up questions based on a positive drug test, this type of questioning has limits. In this case, whether or not the manager who chose not to hire the plaintiff knew about his epilepsy before he decided not to hire him was left for a jury to decide.

Lors v. The South Dakota Attorney General (US Court of Appeals for the 8th Circuit #09-1382)

In this typical case, the plaintiff claimed that his diabetes led to his termination, while the employer argued that the cause was his poor performance as a team leader. In an interesting twist, after the employee was demoted from being a team leader, he claimed that because the stress of his new position worsened his diabetic problem, a reasonable accommodation would be to promote him back to his team leader position. This is a novel approach, if I’ve ever heard one! The court, wisely, stated: “Even if, as Lors contends, he could better control his diabetes as a team leader, we have previously explained that the ADA is not an affirmative action statute.” The company was not required to employ him as a team leader simply because this would allow him to maintain better control of his diabetes.

TAKE A SURVEY

By Your Employee Matters

Surveys are a great way to start a dialogue with employees. When creating your survey, consider asking these questions:

  1. Why are we taking the survey in the first place? Have a specific goal in mind. Is it to get ideas? Improve the employee experience? Improve customer service? What?
  2. Who will take the survey? All employees? A representative group? Begin by having a handful of employees take the final draft of the survey and then give you feedback on the questions. After making adjustments, these people can become spokespersons for the completed version.
  3. What type of survey will you construct? Will it be anonymous? (We’re usually against this approach.) Will it be numerically based (1 = poor, 5 = excellent)? Or will it be open-ended?
  4. What will you do with the results? Make sure employees know that, although you can’t act on each and every suggestion, you’ll consider and rank all input and provide feedback on which initiatives you will follow.
  5. Who’s involved in solutions? Will you form separate committees? Will it be a top-down effort? Will you hire consultants?
  6. How will you test, obtain feedback, and improve? What have you learned from this experience and what can you do better or differently next time? After these insights or strategies have been implemented, what will you ask about in your next survey?

LOOKING FOR DATA THEFT CLUES

By Your Employee Matters

A recent article in HR Magazine on the forensic investigation of a data thief identified a checklist of information sources that employers should consider when engaging in any type of investigation:

  1. The employee’s computer, cell phones, and other company-provided devices
  2. Parking garage access records
  3. Building surveillance footage
  4. Office access logs
  5. Office telephone logs
  6. Cellular telephone bills
  7. E-mails
  8. SIM and memory cards
  9. Any documents or witnesses

Each of these data sources can provide important, confidential, and trade secret records to an unscrupulous competitor or employee. The SHRM article offers sound advice: When your data has been breached, get professional assistance and involve a forensic investigator.

EDITOR’S COLUMN: DARK HR

By Your Employee Matters

I was listening recently to an interesting Nova Science Now podcast which noted that scientists can’t account for the vast majority of the matter and energy in our universe. For lack of a better term, we call this unknown “dark matter”� or “dark energy.” I began asking: “How much dark matter or energy exists in our businesses, especially when it comes to managing the workforce?”� We’re certainly aware of “what’s there,”� but what effort have we made to tap into the unknown or unrecognized. As Einstein so eloquently reminded us, matter is a subset of energy. In fact, pretty much everything is. So, where’s the hidden, untapped, and potentially lucrative energy that exists in your business? How would we even find out?

These thoughts come to mind:

  1. Start with something as basic as an employee survey. Have you done one lately? By asking questions, we can begin to get information. Unfortunately, many companies don’t take this first step because they’re either worried about this being a waste of time and money, or they might get answers that they don’t really want to deal with. Neither objection makes sense. If you’e not willing to survey all of your employees, then survey a representative group and see if the time and money was worth the insight gathered. Draw from the surveys found on HR That Works and see the article below.
  2. Create mandatory suggestion systems. The Total Quality Management process requires feedback loops. For example, Dr. Deming encouraged managers to engage in kaizen, otherwise known as total quality circles; or as I might say, a good suggestion system. This was mandated on a regular basis. Encouraging engineers and others to think about how they could do their jobs more effectively led to continual improvement in quality.
  3. Have deep one-on-one discussions. Managers and leaders often shy away from real dialogue. For example, how many managers do you know who will ask employees how they can manage better? Spending only five minutes with an employee can reveal a great deal of hidden information.
  4. Bring in an outsider; outsiders can see things about your company that you can’t see for yourself. This holds true whether the outsider is a consultant, new employee, client, customer, or vendor. Ask them to tell you what they see about your company that you might not be able to see for yourself.

DISCOVER THE ADVANTAGES OF WHOLE LIFE INSURANCE

By Life and Health

In 2008, some 68 million Americans did not have Life insurance, according to the Life and Health Insurance Foundation for Education. However, if you have loved ones who depend on your income, a Life insurance policy is a must-have. If you were to die today, an effective Life insurance plan will ensure that all your family’s financial needs will be covered — from the monthly mortgage and utility bills to your child’s college education.

If you already have a Life insurance policy, good for you. You’ve taken an important step toward protecting your family. However, you might want to take a closer look at the type of Life insurance coverage you own. Most Americans who have Life insurance only carry the group coverage offered by their employers, according to a 2008 LIMRA International study. Unfortunately, this type of coverage typically ends as soon as you leave that job or retire.

If you want to make sure your family is covered well beyond your working years, you might want to consider Permanent or Whole Life insurance.

Whole Life 101

Although Term insurance typically only covers you for 15 to 20 years, Permanent or Whole Life insurance remains in effect for your entire life as long as you keep paying premiums. For the first few years after you purchase a Permanent Life insurance policy, your premiums will probably be higher than the actual cost of insurance protection.

Because you are contributing these excess premiums, the policy can accrue cash value (that’s why Permanent Life insurance is also known as Cash-Value insurance.) You can borrow against this cash value for a number of reasons, such as to pay off a mortgage, cover your child’s college tuition, or supplement your retirement income. Of course, these policy withdrawals or loans will reduce the cash value of your policy by the amount of your outstanding loan balance plus interest. You could even use your cash value as collateral for a business loan.

Generally, once a permanent policy is in force, your premiums will remain level. This ensures continual protection for your family as you age, even if your health becomes poor. Although Whole Life insurance commands an initial higher premium than Term Life, you won’t have to worry about re-applying every 10 or 20 years at a considerably higher rate as with Term Life.

A Personal Decision

Although almost everyone needs some kind of Life insurance, it’s up to you to decide whether a Permanent or Term Life policy is the best choice. It all depends on your specific needs and situation. If you are uncertain about what kind of Life insurance policy you should purchase, talk to one of our financial advisors.

HOW WILL HEALTHCARE REFORM AFFECT YOU?

By Life and Health

Just about everyone in the country is wondering how the passage of the health reform bill by Congress will affect them. According to Kaiser Health News, this historic legislation could have an effect on almost every citizen. People, even those who are unemployed, will be able to get medical care. But professionals who have been enjoying the best health coverage available might possibly see their benefits dwindle. What Are the Immediate Changes? There are certain things that will happen in the first six months after the bill is actually signed into law:

  • Insurance companies will not be allowed to put lifetime limits on coverage. This means that people with chronic health conditions will never “use up”� all of their insurance coverage.
  • People with children on their company insurance plan can keep unmarried dependents enrolled until they turn 26. This is very important because of the number of college graduates who are unemployed.
  • Insurance plans will be required to cover preventative health services such as colonoscopies, and screenings for things like osteoporosis, high blood pressure, diabetes, sexually transmitted diseases, and for smoking cessation counseling.
  • Pre-existing serious health conditions can no longer prevent people from getting Health insurance. They will be able to purchase coverage from a government-subsidized exchange. However, this coverage will not be available until 2014.

Health Insurance Will Be Required. Uninsured people will be required to purchase Health insurance by 2014. Subsidies will be available that reduce the premiums subject to income limits. Penalties will be imposed on people who do not purchase insurance that could be as much as 1% of their income.

Changes to Medicare. Tighter controls might be put on decisions for care that are considered too costly. The care provided to older people might even be restricted. Cancer screening could be denied for older citizens. The Medicare system will see a huge hit because approximately one-half of the health reform costs for the next 10 years will come from the Medicare budget.

Pre-Existing Illnesses and Loss of Coverage. Starting this year, the health reform bill will ensure that insurers can’t deny coverage to any child based on existing health problems. In 2014, this will be expanded to include all applicants. Within the first six months of the bill being signed into law, an insurer cannot drop policyholders except in cases of fraud.

Longer Wait Time to See Your Doctor. Millions more people will have access to health care but the number of healthcare workers will not grow quickly enough to keep up. You can expect to wait about twice as long to get in to see a doctor as you did in the past.

Changes to the Coverage You Get from Your Employer. Employers who offer high-value, “Cadillac’ health plans will probably begin to cut back on those benefits. If they don’t do so by 2019, they could face fines from the government. This could possibly mean no more vision or dental coverage or going to a specialist without a referral from your family doctor.

Benefits for Women. With this new health bill, insurers will have to cover maternity care the same way they cover any other medical procedure, but not until 2014. Employers will also be required to allow break time for mothers who are nursing and a private place where they can use their breast pump.

Losing or Leaving Your Job. If someone quits or loses their job, the same exchanges that help lower income people purchase insurance will be available. This means when you leave your job, you don’t necessarily have to pay the high COBRA costs. This is very important for people with a pre-existing condition. You might even be able to get free health coverage under some circumstances.

Higher Taxes. In 2013, Medicare payroll tax will go up for incomes over $200,000 a year.

REALIZING THE IMPORTANCE OF DISABILITY INSURANCE

By Life and Health

An old adage in the insurance business regarding the subject of Disability insurance goes like this:

“The odds are good that you will be laid up long before you are laid out!”

Although this statement might seem somewhat amusing, it is also very true. Individuals (especially males) between the ages of 30 and 50 will likely suffer an incapacitating injury or illness before they die. However, for many people, it is easier to imagine dying than becoming disabled.

Disability has sometimes been called “living death,”� and the implications of being totally disabled are frightening. Disability has far greater economic, relational, and social consequences than dying. Why? Because the disabled person continues to require assets (food, medication, support services) while no longer contributing to the family’s income. Not only is he/she not contributing, the individual is usually consuming a disproportionate amount of the assets the family needs to live on!

For still unexplained reasons, Disability Income Protection Plans have always seemed to lag behind other forms of protection, despite the fact that a long-term disability, which can be catastrophic, happens more frequently than most people think. Disability income provides essential protection against the loss of income due to an accident or illness.

There are two types of coverage: Short-term and long-term protection. Short-term coverage generally provides income replacement for a period of three to six months. Long-term coverage starts after a short waiting period and, depending on the specific policy, usually lasts two years, five years, or up to age 65.

The definition of disability is critical. The more liberal definition, which of course costs more, defines disability as being unable to do a specific job. This is called an “Own Occupation” definition. For instance, if a surgeon has an accident and loses the use of one of his hands and can no longer perform operations, he can still receive benefits even if he is working and getting paid to teach surgical techniques.

Under the more restrictive “Any Occupation”� definition, if that same surgeon accepts a position as a teacher, he would forfeit the benefits. Note, however, that an “Any Occupation” definition might be just fine for most occupations. Our financial professionals can help you decide which one is right for you.

A Cost of Living Adjustment (COLA) rider is very important since it adjusts the benefit annually according to the changes in the cost of living index. Although not critical for a short duration disability, over a 10 or 20 year time frame it is essential.

The waiting or elimination period mentioned earlier is also flexible: 30-60-90-120-180 days. Obviously, the longer the waiting period, the lower the cost. A good policy must be “Non-Cancelable” and “Guaranteed Renewable,”� which protects the insured from a company not renewing the policy and raising the premiums. You can obtain a Disability insurance policy through an employer group plan or as an individual. The group plans are less expensive but have far more restrictions and caps than an individual plan. What many people do not realize is that most benefits received under a group plan are taxable!

Highly compensated employees can seldom obtain the level of protection they need under a group plan because of coverage limits. The best way to make up the difference is to purchase a wrap-around individual plan.

Without Disability insurance protection, you can lose everything you own very quickly as the result of an accident or illness. Don’t gamble with your future.

DO YOU NEED A SEPARATE WATERCRAFT POLICY FOR YOUR NEW BOAT?

By Personal Perspective

Before you go out and purchase that new boat you have been dreaming about all winter, consider the importance of also purchasing the proper watercraft coverage that you will need for your new toy.

Many people mistakenly believe that their boat will be covered under either their Personal Auto policy (PAP) or Homeowners policy. Auto policies do not provide liability coverage or coverage for damage on boats. Homeowners policies might cover only boats that have low value or are low-powered. So before going out and purchasing a boat, contact us to discuss the proper watercraft coverage that you will need.

Here are some considerations when it comes to figuring out if you will need separate watercraft coverage for your boat. These types of boats will require a separate insurance policy:

  • Any boat valued at more than $1,500
  • A sailboat that is more than 26 feet long
  • Powerboats that have motors exceeding 25 horsepower

Insurance companies will often deny coverage for particular types of watercraft. These types of watercraft might be denied coverage:

  • Watercraft such as jet skis or wave runners, due to the high number of accidents with them.
  • Houseboats, homemade or kit boats, competition bass boats, and speedboats.
  • Boats that are more than 15 to 20 years of age, due to a higher loss frequency (Note: It is also wise to order a marine survey or inspection of an older boat before purchasing, which can point out deficiencies in the boat that could cause you to reconsider the purchase or renegotiate the price).

Finally, when it comes to purchasing the proper watercraft coverage needed for your new boat, also consider purchasing a Personal Umbrella policy. This policy would be in addition to a watercraft policy and is especially beneficial if you are going to purchase a speedboat, one designed for skiing or any other type of craft that has a higher potential for loss of life or damage. Umbrella policies are relatively inexpensive and will provide additional coverage above the liability coverage found in a watercraft policy.

If you purchase a Personal Umbrella policy, use the same insurance company that provides your Homeowners policy or Personal Auto policy.