Skip to main content
All Posts By

robintek

Disability Leave Accommodations

By Employment Resources

An employee’s serious medical condition often extends beyond the 12 weeks granted under the FMLA. Under the ADA, they’re able to take off additional time for their medical condition unless it causes an undue hardship. For example, in a case decided by the First Circuit, an employee took 15 months of medical leave and then requested an additional two months of unpaid leave.

However, he could not provide absolute assurances that he would return to work on that date. The court ruled that unless the employer could show that his continued absence poses an undue hardship (temporary placement is inadequate or too costly) an additional two months may be a reasonable accommodation.

The ADA does not require an employer to grant an extended leave of absence when it’s unlikely that the leave will enable the disabled employee to perform the essential functions of the job. The courts have found leaves to be unreasonable where the employee works only five out of 28 months, the employee is out for a year and a half and asks for a 90-day extension, and the leave was so erratic that the employer does not know from one day to the next that the employee will be returning to work or not or when they might arrive.

An employee with a disability might need leave for a number of reasons related to the disability, including, but not limited to:

  • Obtaining medical treatment (e.g., surgery, psychotherapy, substance abuse treatment, or dialysis); rehabilitation services; or physical or occupational therapy.
  • Recuperating from an illness or an episodic manifestation of the disability.
  • Obtaining repairs on a wheelchair, accessible van, or prosthetic device.
  • Avoiding temporary adverse conditions in the work environment (for example, an air-conditioning breakdown causing unusually warm temperatures that could seriously harm an employee with multiple sclerosis).
  • Training a service animal (e.g., a guide dog).
  • Receiving training in the use of braille or to learn sign language.

When considering whether or not to grant extended leave as an accommodation, consider these factors:

  • When the employee expects to return to work.
  • Whether the absences will be planned or erratic.
  • Whether they will be able to perform their full duties when they return.
  • Whether the employee was hired to perform a certain task.
  • Whether additional leave and temporary employees are more costly than hiring a new employee.
  • Whether the leave creates an undue hardship under the circumstances.

Click here to learn more.

Reporting Sexual Harassment in the Workplace

By Employment Resources

Sexual harassment in the workplace is a serious offense. It affects productivity, motivation and morale, and it’s illegal. Learn how to report sexual harassment as you protect your coworkers and workplace.

What is Sexual Harassment in the Workplace?

The Equal Employment Opportunity Commission considers sexual harassment to include several actions.

  • Unwanted sexual advances
  • Requests for sexual favors
  • Verbal or physical actions that are sexual in nature
  • Offensive remarks about a person’s gender

It can happen frequently or only once. The perpetrator can be either gender and hold any job title. Even customers can be sexual harassment victims or perpetrators.

Why Report Sexual Harassment in the Workplace

All sexual harassment in the workplace is unlawful whether it occurs during a job interview, is perpetrated by the company president or a customer, or happens one time. It’s a serious offense, and it’s your responsibility to report it.

How to Report Sexual Harassment in the Workplace

If you’re the victim of sexual harassment in the workplace or see it happen, you may feel embarrassed to file a report or worried about repercussions. However, you have the right and responsibility to report any illegal actions using these steps.

Review your employee handbook. It includes the specific protocols on how to report sexual harassment in your workplace.

Report to the right person. Usually, you should report sexual harassment to your supervisor or Human Resources manager, but that person could be the sexual harassment victim or perpetrator. In this case, find a neutral person, ideally a manager or supervisor, in your company and report the harassment in person.

Share details. It’s not enough to say that your coworker sexually harassed you. You need to share specific details that allow your employer to investigate the incident and create appropriate consequences. Those details include:

  • Dates of the harassment
  • Exactly what happened during the incident/s
  • Documents that support your story
  • Witnesses to the incidents

Put your report in writing. Even if you meet with a manager in person, you should still write your report and send it to your employer via email. Ask Human Resources to file a copy in your personnel file, and keep a copy for your personal records, too

Follow up. Your employer must investigate your sexual harassment complaint, and they may include you in the investigation. Be sure to follow up, though. Share any additional details you may have forgotten to include in the original report, and document those additions.

Sexual harassment in the workplace is illegal. Take it seriously when you use these tips to report sexual harassment in the workplace. Your actions protect yourself, your coworkers and your workplace culture.

1,500 Hours of Wasted Time 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.

Benefits of Prescription Drug Insurance

By Your Employee Matters

Prescription drug coverage is a benefit many employers offer. You can use it to pay for your medications and improve or maintain your health.

What is Prescription Drug Coverage?

Most employers offer prescription drug coverage as part of your healthcare benefits package. With this coverage, your insurance pays for the medications your doctor prescribes after you pay your deductible any co-pays.

How to Choose Medications

Your coverage’s formulary list can help you and your doctor choose medication. All the medicines on this list are reviewed by healthcare professionals and are safe and effective. However, they are divided into tiers that determine their price.

  • Tier 1 – Primarily generic, tier 1 drugs provide the same medical benefits as brand-name drugs at a lower cost.
  • Tier 2 – Find many effective and affordable brand name and some generic drugs in tier 2.
  • Tier 3 – Non-preferred brand name drugs will cost more than equivalent generic or preferred medicines.
  • Tier 4 – Drugs in this tier are usually self-administered injectables or specialty drugs that treat chronic or serious conditions and require special handling, monitoring or administration. They are the highest priced drugs available.

Consult the formulary list as you decide which medications you can afford.

How to Fill Prescriptions

Many prescription drug coverage plans make filling prescriptions easy. You can visit a participating retail pharmacy in person with your prescription and member ID card or request medication through a mail order pharmacy. Both of these options include access to pharmacists who can answer any questions or concerns you may have.

You may also visit a non-participating pharmacy. However, you’ll be responsible to pay the full cost of the medicine when you pick it up. You may then submit a claim form to your prescription drug plan administrator before you receive reimbursement.

Maximize Your Prescription Drug Coverage

Several tips help you maximize your prescription drug coverage and save money while staying healthy.

  • Print your prescription plan’s formulary list and ask your doctor to prescribe a tier 1 or tier 2 drug if possible.
  • Ask your doctor about step therapy where you try a less costly medication before a more expensive alternative.
  • Obtain prior authorization for prescriptions from your insurance plan.
  • Choose an in-network pharmacy.
  • Select mail order delivery.
  • Buy 90-day supplies of maintenance medicines used to treat asthma, high cholesterol, high blood pressure or other conditions.
  • Choose a plan that includes most of your medications in tier 1 or 2.
  • Shop around during your company’s open enrollment for the most affordable prescription drug coverage plan.

Your prescription drug coverage is an important feature of your employee benefits plan. Get more details from your HR manager as you protect your health.

Low-Wage Labor Violations

By Your Employee Matters

An extensive survey of more than 4,000 low-wage workers in Los Angeles, Chicago, and New York City by the National Employment Law Project (NELP) reached these conclusions:

  • More than one in four workers surveyed (26%) were paid less than minimum wage.
  • Among these workers, 16% were underpaid by more than one dollar per hour.
  • More than three in four (76%) workers who worked overtime were not paid for their time. The average worker had put in 11 hours that were either underpaid or not paid at all.
  • Women and foreign-born workers were victimized more than anyone else.
  • The average wage theft was 15% of earnings.

Additional violation categories included:

  • Off-the-clock
  • Meal breaks
  • Pay stubs
  • Illegal deductions
  • Tips
  • Illegal employer retaliation
  • Workers Compensation violations

It is hard to balance this economic suffering with the fact some executives are making tens of millions of dollars during a failing economy. You don’t have to be of any political persuasion to realize that something’s out of whack. Not only do these employers deprive good people of a fair day’s pay, they’re also at war with companies who strive to grow their business the right way; perhaps even going above the call and actually empowering their workers rather than oppressing them. If we can fight overseas to assure basic human rights, we should be able to do the same here.

What are Section 125 Cafeteria Plans?

By Your Employee Matters

Section 125 Cafeteria Plans refer to an employee benefit that allows you to pay certain expenses with pre-tax dollars. With this benefit, you maximize your income and reduce your tax burden.

What are Section 125 Cafeteria Plans?

These employee benefit plans get their names from Section 125 of the IRS Code. With Section 125 Plans, you deposit pre-tax dollars into a special account and use those funds to pay qualified expenses. The funds in these plans are exempt from federal, state, Social Security, Medicare, FICA and FUTA taxes.

You could save up to 50 cents for every dollar you contribute to a Section 125 Plan account. It’s a beneficial way to reduce your taxable income and increase the disposable income in your paycheck every week.

You may choose from several types of Section 125 Cafeteria Plans, including Premium Only Plans and Flexible Spending Accounts.

  • Premium Only Plan (POP) – Your employer deducts your health insurance premiums before deducting taxes from your paycheck.
  • Flexible Spending Account (FSA) – You choose an amount of money you’ll contribute to your FSA and then use the funds to pay eligible expenses.

According to the IRS, employers must offer Section 125 plans to all eligible employees. They cannot discriminate based on protected statuses or your job description, pay rate or seniority.

What Expenses do Section 125 Cafeteria Plans Cover?

Depending on your specific Section 125 Cafeteria Plan, you may use it to pay expenses related to:

  • Adoption expenses
  • Dependent care
  • Group term life insurance premiums
  • Health savings account premiums
  • Medical treatment
  • Supplemental insurance such as accident, cancer, dental or vision insurance
  • Transportation expenses

How to Enroll in Section 125 Cafeteria Plans

Talk to your Human Resources department for details on enrollment in Section 125 Plans. Many employers hold an open enrollment for benefits during December, but your company’s enrollment date may vary.

How to Take Distributions From Section 125 Cafeteria Plans

Submit requests for reimbursement to your HR department. Usually, you don’t have to wait until the end of the year to withdraw funds for medical expenses from your Section 125 Cafeteria Plan. As soon as you have a qualified expense, you can take money from your account. This uniform coverage rule does not apply to a dependent care FSA.

Remember that you will lose any funds you don’t withdraw since they do not carry over to the next year. Track your contributions on your pay stub or ask your HR manager.

Section 125 Cafeteria Plans help you save for qualified expenses and give you extra cash in your paycheck. They also help you budget for medical and dependent care expenses, so consider opening an account this year.

Small Retailers Targeted by Hackers

By Cyber Security Awareness

Retail businesses are in the cross hairs of hackers, according to a recent report from Trustwave, a provider of data security and payment card compliance solutions to businesses.

Retail businesses – specifically the cardholder data they possess – were the primary target of cyber criminals in 2012, says Trustwave. About 45% of the company’s investigations were in the retail sector, followed by food and beverage (24%), and hospitality (9%).

“Cyber could very well be the largest part of the exposure picture for these retail businesses,” says John O’Connor, Vice President of Strategic Product & Platform Development for Travelers Insurance.

What makes the retail industry so appealing to cyber thieves? The sheer volume of payment cards used in these businesses make them obvious targets. Also, stores are relatively easy targets because they tend to focus primarily on customer service, rather than data security.

Widespread reporting of costly and embarrassing data breaches have made retailers increasingly aware of the exposures they face when storing customers’ data and swiping their credit cards.

Although hackers are targeting retailers of all sizes, smaller firms are particularly vulnerable because they often find it more difficult than their larger counterparts to keep their systems secure and to afford the heavy costs of notifying their customers about data breaches.

One insurance agent said, “A lot of these businesses aren’t the types that can absorb these costs. A data breach is one of those things they might not think about – but it can shutter their doors if it happens.”

The good news: our agency can help you protect you against these risks by offer a variety of comprehensive, competitively priced Cyber Liability policies. Just give us a call.

Bloatware And How To Manage It

By Cyber Security Awareness

Insurance is generally designed to protect tangible assets. If your office space catches fire, your policy pays out. If a work computer is destroyed, your policy pays out. Network security insurance aims to cover the less tangible assets, which, when you really break it down, are what define your business. Anybody can rent some office space and fill it with top grade laptops, but not everybody will turn that into a successful software development studio. Network security insurance covers you against data breaches, system failures and so on.

A major threat to these assets, and one that not everybody will be aware of, is bloatware. You know, all those little programs that come packaged on your laptop that don’t seem to do anything but slow you down. All those updater tools, those “Speed up my computer” apps that seem to do the opposite, free trials that, after the month is up, remind you to buy-in every single time you turn the computer on.

Besides the simple fact that bloatware slows you down when you try to use your PC, many of these useless tools actually have SYSTEM user privileges. This means that a data breach can be a major problem, with hackers piggybacking on that access to take whatever they want while browsing your files.

So how to manage it?

First, start up task manager and end all those useless processes. You can sort by memory usage to stop the RAMhogs, first, and then work your way down. Some of them will obviously be bloatware, and when in doubt, you can use Google to find out whether something is necessary for your computer to run. This won’t solve the problem right away, but it will get your computer running up to speed so that you can do something about it.

Next you have two options: Manually uninstall every single one of these programs one by one, which can be incredibly tedious, or, backup what you need, wipe the hard drive, and do a fresh Windows install.

Bloatware is legal because it isn’t as immediately harmful as other unwanted programs like trojans, worms, viruses, adware, spamware and so on, but it’s not good for your hardware, and in the event of a breach, it’s not good for your data. Network security insurance can help you out when those intangible assets are lost, but as always, an ounce of prevention is worth a pound of cure.

Being Safe Online

By Cyber Security Awareness

Be afraid — be very afraid — because hackers are breaking into Web sites around the world at a frightening pace! These cyber-pirates can copy, edit, or delete files; or trash your site by stealing programs and disrupting networks. Once they’re into your site, hackers can also use phony identities to buy goods and services or vandalize the site by changing its look, text, and overall message.

The easiest way to prevent a hacker from entering your site is to install a firewall on the Web server that keeps out unauthorized access by monitoring the flow of information between your server and the Internet.

Although a well-designed firewall should stop all Internet attacks, most sites don’t have properly configured firewalls. One survey of more than 2,000 sites concluded that these companies were doing the equivalent of “putting an airbag in the backseat of a car when it comes to security precautions.”

Before you implement a firewall system, consult with a security expert. The person in your company who created your site might know whom to call; otherwise, ask your Web consultant or Web-hosting company. The expert will want to know if your site was created in a secure fashion: Did your Web developer use secure protocols and software when building the site? Is the ISP that’s hosting your site secure?

Are Automatic Drug and Alcohol Tests a Good Idea?

By Construction Insurance Bulletin

Imagine two accident scenarios. In the first, a construction worker falls off a ladder from 12 feet up and breaks his ankle. His employer has a policy requiring drug and alcohol testing for all workers who suffer work-related injuries that are likely to result in Workers Compensation claims. Can the employer legally do that? If it can, is it a good idea?

In the second, the construction worker is on the ground near the ladder. Someone asks him a question and he turns around to answer. At that exact moment, a worker 12 feet up on the ladder is stung by a bee and drops a component of the air conditioning unit he was installing. The component strikes the worker on the ground, fracturing his shoulder. His employer has the same policy about automatic testing after a workplace injury. Again, is this legal? Is it a good idea?

Employers have good reason to be concerned about the effects of drug and alcohol use in the workplace. A 2002-2003 workplace study showed that, in the prior 12 months, 7% of U.S. workers had consumed alcohol during the workday, 1.7% had worked while under the influence of alcohol, 9% had suffered from hangovers while at work, and 3% used illicit drugs on the job. To combat this, many employers have drug- and alcohol-free workplace policies that they enforce through testing workers for these substances.

However, automatically testing all workers following work-related accidents might not be wise. In fact, it could end up hurting the employer. First, automatic testing might be illegal in the employer’s state. A West Virginia court in 2002 found that Walmart violated the privacy rights of an employee when it required him to take drug and alcohol tests after he injured his back on the job.

The jury relied on earlier court decisions holding that employers violated the state’s constitution by requiring testing without having a reasonable suspicion that the employee was using.

A 2001 decision from an Ohio court went even further. It struck down a state law that permitted employers to deny Workers Compensation benefits to employees who refused to submit to post-injury drug and alcohol tests. The court ruled that requiring testing of employees for whom the employers had no reason to suspect substance abuse amounted to a search of the employees. This search, the court said, violated the U.S. Constitution’s prohibition against unreasonable searches and a similar provision in the Ohio constitution.

Even where state law permits automatic testing, it might harm employee morale. Otherwise loyal and productive employees might feel offended if an employer demands that they submit to testing after they’ve been injured on the job. In the long run, this might hurt the employer’s ability to retain employees and recruit new ones.

It might also invite disability discrimination claims. When the employer does not routinely test all employees but tests only those who suffer workplace injuries, the injured employees might view this as discrimination against them due to their disabilities. They might seek redress under the Americans with Disabilities Act and pursue monetary damages from the employer.

As was the case with the West Virginia and Ohio decisions, automatic testing might invite invasion of privacy claims. At the least, this will subject the employer to long, expensive, and distracting litigation. Employers should take sensible steps to ensure that their workplaces are safe.

While post-injury drug and alcohol testing might make sense in many cases, it is not always appropriate or desirable. Employers should consult with human resources professionals to establish sensible testing policies, and seek the advice of our professional insurance agents to verify that you have the necessary insurance coverage in the event of a discrimination or privacy violation claim.