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DOL OPINION LETTER CLARIFIES EMPLOYER OBLIGATIONS FOR MEAL AND REST PERIODS

By Your Employee Matters

Many employers are concerned about their exposure to missed meal or rest periods taken by employees. Last year the DOL issued an opinion letter which clarifies the effect on a company’s overtime obligations in cases where an employee misses a meal period or break through no fault of their own. Remember these principles:

  • The employees must be paid for all the time they work, whether authorized or not. For example, if they miss a rest or meal period, the employer is required to pay for this time.
  • If the missed rest or meal periods result in the employee working overtime hours, the employer is responsible for paying overtime.
  • An employer may “credit” extra premium compensation paid for extra hours to its overtime obligation. Also, those payments are not considered a part of the employee’s regular grade of pay.
  • When it comes to recording time, an employer is required to compute time to the nearest five minutes or nearest one-tenth or quarter of an hour, so long as this will not result, over a period of time, in failing to compensate the employee properly for the time they actually worked. This “de minis time” need not be paid for

Click here to read the opinion letter.

Note to California employers: In CA rest and meal periods are mandatory and can result in penalties and fines simply because an employee missed one. Employers must provide rest and meal periods by making them available, but need not ensure that they are taken. To learn more, click here and go to Section 45.

NEGLIGENT HIRING: SETTING THE LIMITS

By Your Employee Matters

On occasion employers will be sued for an employee’s wrongful act committed after work hours or off the employer’s premises. Often the argument is the employer was negligent in hiring the employee in the first place. Recent cases have made clear that the concept of negligent hiring is limited to being “unfit” for the specific tasks to be performed. An employer cannot be held responsible for guaranteeing the safety of anyone an employee might incidentally meet while on the job, or for injuries inflicted independent of the performance of work-related functions. For example, if an employer hires a day care sitter who has a history of sexual molestation, they can certainly be sued for negligent hiring if they don’t inquire into that applicant’s background. However, if the employer hires a salesman with a criminal background who ends up sexually assaulting a prospect after work hours, there would probably be no liability. Employers are not guarantors of the safety of all customers or other persons with whom their employees meet incidentally while performing service work or other functions.

EDITOR’S COLUMN: TRENDS IN HR

By Your Employee Matters

Every month I review a variety of HR publications and blogs, including HR Magazine, Workforce Management, HR Florida Review, The California Labor Employment Review, and others. Here are subjects that appear to be at the top of HR’s collective mind:

  • Managing layoffs and terminations. Do this in a way that doesn’t generate lawsuits and demotivate remaining employees.
  • Healthcare management. Look at alternative options such as HSAs, increased co-pays, and eliminating coverage altogether.
  • Executive pay and compensation. Ask yourself these questions: Are executives overpaid? Should anybody be getting a raise now? Is there wage deflation? What kinds of bonuses make sense?
  • Significant changes to the FMLA and ADA. Make sure you have your leave management act together. HR That Works Members should see the updated Training Modules and Webinars.
  • Managing stress. Focus on this byproduct of our crazy times and its huge impact on productivity and turnover.
  • Leadership improvement. Identify competencies, best practices, training, and development. There are many excellent leadership Webinars on HR That Works.
  • Managing privacy exposures. Consider the impact of the Internet, cell phones, Twitter, and other technologies. HR That Works members should watch the recent Webinar on Privacy in the Workplace.

Look for these trends to continue. Several years ago Fast Company magazine argued that business success would be based squarely on the ability to engage in change, learning, and leadership. Are you and your company embracing change? Are you the change others have to catch up to? In a knowledge economy, learning must be a process, not an event – and leadership is ever more important in tough times.

The question to ask is: “How well are we engaging in any of these activities? Are our HR strategies helping or hurting us in these areas?” If you’re an HR That Works Member, there are many tools on the Web site to help you excel in these crazy times.

DETERMINE THE BEST DOCTOR FOR YOU AND YOUR HEALTH INSURANCE

By Life and Health

When you sign up for new Health insurance coverage, it’s extremely important to select the best primary doctor for you and your health plan. Not only do you want to select a competent, experienced doctor who will provide you with exceptional medical care, but you also need to ensure that he or she will provide health care services as specified under your insurance policy.

Although you might be tempted to simply choose the doctor with the office closest to your work or home, you should not take this decision lightly. Choosing the best doctor requires a great deal of research. Take the time to look into your potential doctor’s credentials and find out how well they work with your specific type of insurance plan. After all, your physical and financial health could depend on it.

Different plans, different doctors

If your Health insurance plan is an HMO or PPO, you’ll probably be limited in your choice of doctors. These plans typically provide a list of “network approved” doctors from which you can choose your primary physician.
However, you can usually choose someone outside of your health plan’s network at an additional cost. If you can’t find a suitable doctor within your network, it may be worth the extra expense to do this.

Pinpointing the best doc

Here are a few steps you can take to find the most appropriate doctor for your unique healthcare wants and needs:

  • Get recommendations: Ask friends, family members and coworkers if they can recommend a doctor. If people you know and trust have been happy with a doctor’s care, the odds are that you’ll be satisfied too.
  • Consider going out of network: Even if a friend recommends a doctor who is outside of your health insurance network, you should add that doctor to the list of “approved” doctors you are considering. Check into all of these doctors — it might be worth the higher price tag to use an out-of-network doctor if no one within the network suits your needs.
  • Research credentials: Once you have a list of potential doctors, call each doctor’s office and inquire about their education, training and experience. You might also want to ask about specific qualities that you are seeking in a doctor. For example, if you prefer a woman as opposed to a man, a doctor of a certain age or religion or even a doctor who attended a certain type of school, you should ask all of these questions.
  • Check with medical associations: You might also consider finding more information about potential doctors from the American Board of Medical Specialties (ABMS) or The American Medical Association (AMA). These associations offer professional information about doctors throughout the country. Visit the ABMS website at http://www.abms.org/.
  • Find out if they’re board certified: Although doctors are not required to be board certified, this is important to some patients. Doctors have to complete additional years of training in a specialty and pass an exam in order to be board certified. You can call the ABMS at 1-800-776-2378 or visit their website to learn more about board certification.
  • Learn about complaints: You might also want to contact your state department of insurance to find out if any complaints have been filed against your potential doctor.
  • Meet face-to-face: Once you have narrowed down your list of doctors, you should set up an introductory appointment with each of them. Although some offices charge a small fee for these types of visits, it’s well worth it. This will allow you to get a feel for the doctor’s personality and ask him or her questions first-hand.

AMERICANS NEED TO BEGIN A HOLISTIC APPROACH TO PERSONAL FINANCES

By Life and Health

In July 2008, State Farm Life Insurance Company announced the results of its first ever Fiscally Fit Cities Report, whose findings indicated that less than 50% of American households are making provisions to secure their financial future. The report measured citizens in 50 metropolitan areas in terms of investments, quality of life and Life insurance coverage. Twenty-seven criteria were analyzed that demonstrate what Americans are doing to maintain their finances.

The researchers discovered that citizens in the cities deemed most financially fit were creating strategies to protect their assets with short-and long-term investments. However, what was missing was a holistic approach to personal financial planning, including owning enough Life insurance coverage to keep their families afloat after the sudden death of a wage earner.

Surprisingly, researchers found that citizens in areas with high household incomes were not saving enough nor protecting assets adequately, as you would expect. In fact, people in wealthier areas spend more on real estate and are less disciplined in saving money and purchasing Life insurance to protect their family.

Ultimately, the data revealed two concerns: Americans aren’t looking at their finances as a complete package, and they don’t understand the importance of Life insurance.

As a rule of thumb, most people require seven to 10 times their annual income in Life insurance benefits if their family is to maintain a comparable standard of living at their death. The other issue is not insuring all of the family members who need coverage. Many families believe the primary wage earner should be the insured; however, they fail to realize that a stay-at-home spouse or a second wage earner also needs Life insurance.

In addition to examining your Life insurance needs, consider these simple steps to plan for tomorrow:

  • Take care of yourself – Good health leads to a longer, fuller life and more options for generating income later in life. Good health can also help control costs, particularly for insurance policies.
  • Stay balanced – Although it’s tempting to spend when you are doing well, without proper planning you might need to lower your standard of living later in life. It’s smarter — and less disappointing — to live conservatively and prepare for the unexpected.
  • Start early – You’re never too young to reduce debt and live within your means, invest wisely, protect your assets through Life insurance, and enjoy a healthy lifestyle.

LIFE INSURANCE: DETERMINE IF A RETURN OF PREMIUM RIDER IS RIGHT FOR YOU

By Life and Health

Since Term Life insurance policies accrue no cash value, most policyholders see no return on their investment unless they pass away during the policy’s term and a death benefit is paid out to their beneficiaries. This is true of any insurance policy — if your home never burns to the ground or your car accident history is squeaky clean, you’ll never see one dollar from your Homeowners or Auto insurance.

Wouldn’t it be nice if your Term insurance policy could act like a piggy bank for you — storing your premiums up for a full refund should you outlive the policy? Believe it or not, with the right rider added to your policy, it can. Unlike other types of insurance, many Term Life policies offer a return of premium (ROP) rider that guarantees a return of the premiums paid if you outlive the policy.

When a ROP rider is added to your policy, your premiums will increase. When determining whether the ROP rider is in your best interests, you must consider whether the funds paid for the rider would be better invested elsewhere.

As an example consider a 10-year Term Life insurance policy with a premium of $600 per year. If the ROP rider adds an additional $300 per year, you will pay $900 per year or a total of $9,000 over the life of the policy. At the end of that 10-year term, you will receive the entire $9,000 back from the insurance company.

Otherwise, without the ROP rider, you’d have an extra $300 per year to invest — but you would need to earn greater than 16% per year to accumulate $9,000 after 10 years. In addition, refunds received under the ROP rider are tax-free, while you’ll pay income taxes on interest earned in your savings account.

There are certain conditions you must meet to receive the return of premium guaranteed by the rider. If you forget to make a premium payment or allow your policy to lapse, you might no longer be eligible for the full premium payout of your policy, so it is important to keep the policy in force or you will be wasting the extra premium dollars you send to the insurance company.

IS IT TIME FOR YOUR SENIOR PARENT TO STOP DRIVING?

By Personal Perspective

Even though we know we’ll probably have to face it eventually, it’s a discussion all adults dread: The “Big Talk” about driving with a senior parent or grandparent. No one looks forward to telling their parent or grandparent it’s time to hang up the keys. However, when you notice your aging mom has dropped her driving speeds to 30 mph below the speed limit or you discover that your dear old dad no longer acknowledges stop lights, it’s time to have the talk. If you have an aging family member who shouldn’t be behind the wheel, here are a few tips for broaching this delicate topic with them:

Know the warning signs. If you don’t spend a lot of time with your senior parent or grandparent, you might be uncertain about whether or not it’s time for them to stop driving. However, there are a few warning signs you should keep an eye out for that will help you make the decision. For example, every time you visit, you might notice new dents and scratches on their car, their garage door or their mailbox. They might tell you about multiple near-accidents (although some will claim it wasn’t their fault) or they might continually receive traffic tickets or warnings. They might complain that they often miss street turns or can’t see traffic signs at the side of the road. These are all signs that it’s time to have the “Big Talk” with your senior parent.

Don’t hesitate. It’s natural to be anxious about telling your mom or dad they need to stop driving. Your parents have been telling you what to do for your entire life. So, it’s awkward when the tables turn and you suddenly have to tell the people who raised you what’s best for them. However, look at it this way: Your parent will be better off getting this advice from you and the rest of your family than receiving an order from the state motor vehicle department. As family members and people who love and know them, you and your relatives are the best candidates for telling your parent it’s time to give up driving.

Broach the topic delicately. Once you’ve determined the time has come for the driving discussion, try to get the all of the adults in your family involved. Work together to come up with the best approach for telling the senior driver it’s time to hang up the keys. When you have the discussion with your parent or grandparent, try to keep the conversation adult-like. Do not treat the senior like a child — talk to them as you would about any other adult matter. Instead of being accusatory and saying things like “You did this” and “You’re not doing that,” try to use “I” to describe how you perceive the situation. For example, you might say, “I think you’re having a hard time seeing the road,” or “I worry about you having a terrible accident.” If your parent resists, point out that they have a responsibility to others, as well. You might want to talk about how horrible they would feel if they killed or injured an innocent person because of a driving mistake. Typically, this is enough to convince a person that they shouldn’t be on the road. However, if your parent simply refuses to give up driving and they haven’t had any accidents, you might have to give in and allow him to keep driving for another year. As they are still sharp of mind, they might still be able to manage a car. On the other hand, if your parent has the beginnings of dementia, they should absolutely not be behind the wheel. If your loved one is suffering from the onset of dementia, you might have to sell the car and tell them it just isn’t available anymore or disable the car and tell them it no longer runs. This might seem cruel, but remember — it’s for the safety of your loved one and other drivers.

Be sensitive. Although you might feel tempted to firmly tell your parent, “Hand over the keys!” this is probably not the best way to approach the matter. Try to understand that this is going to be a tough transition for you loved one. After all, how will mom make it to her beauty parlor appointments or to church? How will dad get to the doctor or his poker parties? Try to see things from their perspective, and be sensitive to their feelings.

Many seniors fall into a deep depression after they stop driving because they feel a loss of freedom and control over their lives. This is why it’s so important to come up with alternatives to driving. As you discuss the change with your parent, discuss possible solutions for how they will get around. Maybe you, your siblings and other relatives could take turns driving them to their appointments and functions. Alternatively, you could purchase a mass transit pass for them so they can take the bus or the subway. You might also consider hiring a home-care agency that will transport your parent from point A to point B. Whatever you do, don’t just firmly lay down the law with your parent and banish him or her to their house forever. Put yourself in their shoes, be delicate and offer clear solutions.

AUTOMOBILE DRIVERS UNSURE OF BUS SAFETY RULES ACCORDING TO GMAC SURVEY

By Personal Perspective

According to the National Highway Traffic Safety Administration (NHTSA), school buses represent one of the safest modes of transportation, nearly eight times safer than passenger vehicles. That’s partly because school bus transportation is subject to both federal and state regulation.

However, even though the operation of school transportation is closely monitored, school bus drivers cannot control the behavior of other vehicles on the road. According to a 2006 National Highway Traffic Safety Administration (NHTSA) report, titled Traffic Safety Facts, an average of 20 school-age children die in school transportation-related traffic crashes each year.

In an effort to keep school children safe, GMAC Insurance conducted a survey of 5,524 licensed drivers to find out what misconceptions they had about common laws relating to driving while in the vicinity of school transportation.

According to the survey results, many drivers know they must stop when approaching a school bus from either the front or the rear when the vehicle’s red lights are flashing; however, they are unsure about the exact stopping distance. Only 30% of the drivers polled knew that the correct stopping distance is 20 feet from a bus.

The survey’s findings also revealed other gaps in many drivers’ knowledge about the proper procedures when driving near a school bus. To help keep students safe, GMAC developed the following five tips for drivers to remember:

1. Stay stopped. When a school bus stops and displays its red flashing lights, come to a stop until the lights are no longer flashing or until signaled to proceed by the bus driver or police officer.
2. Keep back. Drivers should stop at least 20 feet (or one and a half car lengths) from the back of the bus.
3. Don’t pass. It is illegal to pass on the right side of the bus, where children are loading and unloading. In many places, school bus drivers can report a passing vehicle.
4. Be attentive. Children might run out into the street when heading home or to the playground without realizing that there are drivers nearby.
5. Go slow. Obey the posted speed limits in school zones where children are often walking or playing and pay attention to crossing guards.

BLOGGERS BEWARE: MAKE CERTAIN LIABILITY COVERAGE IS UP TO PAR

By Personal Perspective

During the past several years, millions of people have begun writing weblogs (or “blogs,” as they are more commonly known.) There are as many reasons for blogs as there are blogs. Some people keep them as a journal to let distant friends and relatives know what’s happening in their lives. Others write about subjects that interest them, everything from gardening to NASCAR. Blogs often act as forums for people’s opinions or news reporting. These types of blogs invite controversy; in extreme cases, they might invite lawsuits if a person or organization takes offense at a particular post. If that happens, can the blog’s author count on his insurance coverage to pay for his legal defense and judgments?

Unfortunately, if he has a typical Homeowners insurance policy, the answer is probably no. This policy pays amounts for which the policyholder (the insured) is legally liable, plus the costs of legal defense, for bodily injury or property damage done to someone else. The policy defines bodily injury as meaning bodily harm, sickness or disease; it defines property damage as injury to, destruction of, or loss of use of physical property. Neither of these definitions includes saying or publishing something that injures another’s reputation or feelings. Consequently, the policy is unlikely to cover a blog post. For example, if Joe writes in his blog that Bob sleeps with a teddy bear, and Bob sues him for invading his privacy, the Homeowners insurance will not pay for Joe’s legal defense or for any judgment against him, because Bob suffered neither bodily injury nor property damage.

Insurance companies may offer special Personal Injury coverage that they can add to Homeowners policies. This coverage pays for the insured’s liability for several offenses, including oral or written publication of material that violates someone’s privacy, and oral or written publication of material that disparages someone’s goods or services. For example, imagine that Joe writes in his blog that the meatloaf at Bob’s Diner tastes like gravy-covered roadkill. Bob suffers an immediate loss of business, and he sues Joe for libel. The court awards Bob $200,000. If Joe has Personal Injury coverage, his insurance will pay for his lawyers and the $200,000 judgment (or his limit of insurance, whichever is less).

Another potential source of coverage is a Personal Umbrella policy. An umbrella provides additional insurance in situations where a loss has used up the amounts of Liability insurance under Homeowners or Auto policies. It also covers some liability losses that those policies do not cover, such as personal injury losses. Umbrellas typically carry a deductible of $250 or $500. In the previous example, if Joe does not have Personal Injury coverage with his Homeowners policy, but he does have an umbrella, the umbrella will pay for his defense and $199,750 of the judgment ($200,000 minus the $250 deductible.) If he does have the coverage on his Homeowners policy, and the court awards Bob $1 million, the Homeowners policy will pay until its limits of insurance are used up, and the umbrella will pay the rest.

Blogs are fun and interesting, and they can be informative. However, in a litigious society, it is very possible that something posted in a blog can result in a lawsuit against the writer. Everyone who writes a blog should consider that possibility and think about buying some extra insurance. Ask our agents about this important coverage!