Skip to main content
All Posts By

robintek

THE OLDER THEY GET, THE HARDER THEY FALL

By Your Employee Matters

As a result of the growing Baby Boomer population in the workplace, there’s a growing trend toward age discrimination claims. The average verdict hovers around $250,000. Rather than facing the possibility of such a claim, many employers enter release agreements with older workers (defined as over 40!) as part of the termination process. In drafting these releases, it’s wise to consider the impact of the Older Workers Benefits Protection Act (OWBPA), a 190 amendment to the ADA. Here are a few pointers:

  1. The release must be written in plain English and easily understood.
  2. The release must specifically refer to claims arising under the Age Discrimination Employment Act (ADEA).
  3. The release may not address claims that might arise after the date of execution.
  4. There must be consideration for the release beyond that to which the employee would otherwise be entitled.
  5. The employee must be advised, in writing, to consult with their attorney before executing the agreement. (A “lowball” offer seldom gets past their attorney.)
  6. The release must allow the employee to revoke the agreement up to seven days after signing.
  7. The employee must have up to 21 days to consider the release and up to 45 days if it’s part of an incentive offered to a group.
  8. Finally, if you offer the release in connection with an exit incentive or group termination program, you must provide information relating to the job titles and ages of those eligible for the program, and the corresponding information relating to employees in the same job classification who weren’t eligible or weren’t selected for the program.

As you can see, the OWBPA requires extensive disclosure as part of any severance and release process and broadens this disclosure if there’s a group termination.

THE TOP FIVE ASPECTS OF EMPLOYEE JOB SATISFACTION

By Your Employee Matters

While we’re on the subject of great places to work, let’s add one more study:

Every year, the Society for Human Resource Management (SHRM) conducts an employee satisfaction survey. According to the 2007 results, the top concerns of employees are:

  • Compensation (59%)
  • Benefits (59%)
  • Job security (53%)
  • Flexibility (52%)
  • Communication (51%)
  • Safety (50%)
  • Recognition of job performance (49%)
  • Relationship with the immediate supervisor (48%)
  • Independence (44%)
  • The ability to utilize skills (44%)

Interestingly, HR executives have a far different list of concerns:

  • Immediate relationship with the supervisors (70%)
  • Compensation (67%)
  • Recognition of job performance (65%)
  • Benefits (62%)
  • Communication (60%)
  • Ability to use skills (49%)
  • Career development (49%)
  • Job security (48%)
  • Flexibility (48%)
  • Career advancement (46%)

Understand this: People go to work to get paid. What they remain most concerned about is getting a fair day’s wage and competitive benefits. Once these factors are taken care of (which is determined by the marketplace, not by you) then concerns such as job security, flexibility, communication, recognition, and the quality of relationships kick in.

As we’ve preached for years, you might as well take a look at Maslow’s Hierarchy of Needs to determine where your caring should be focused. In fact, we’ve actually made his pyramid this month’s Form of the Month. As a reminder, the order of needs is:

  1. Survival
  2. Security
  3. Belonging
  4. Ego gratification
  5. Self-actualization

For example, although belonging to a strong company culture is important to many people, its value is diminished where survival and security needs aren’t properly addressed. Very often what people belong to today is to their career, project, and team, with less loyalty to the company itself.

THE BEST COMPANIES TO WORK FOR

By Your Employee Matters

Every year, Fortune magazine ranks the 100 Best Companies to Work For. These rankings review a number of criteria: Job growth, pay, diversity, turnover, training, and so on. It’s interesting that these companies have produced returns that double the S&P 500 average for the past 10 years! Google was No. 1 for the second year in a row. Here are two quotes from their founders:

“I actually don’t think keeping the culture is a goal. I think improving the culture is. We shouldn’t be, like, looking back to our golden years and saying, “Oh, I wish it was the same!”
Sergey Brin
Co-Founder, Google

“It’s common sense: Happy people are more productive.”
Larry Page
Co-Founder, Google

EDITOR’S COLUMN: THE ART OF CARING

By Your Employee Matters

Truly caring is a difficult challenge given the fact that most executives fantasize about the day that they have no one to manage! So much of leadership consists of this caring element. Caring for ourselves, our people, customers, and the bottom line. Sounds pretty exhausting.

The fact is, half of all leaders do this caring thing better than the other half. Since like attracts like, if your leadership caring quotient is a 5 out of 10, it will be tough to attract or retain people with a higher caring quotient.

Although intentions are important, actions speak louder than words. Just how are you showing people that you care? Or do you assume that they somehow know you do? Let’s say that you rank 4, 6, or 8 out of 10 on the scale.

What would be the impact to your business and life if you were able to notch it up a few steps?

What if you could actually train yourself to be better at caring?

One of the challenges we face is that we’re all running so hard that it seems as though we don’t have the time to show we care to our loved ones, employees, customers, and God forbid, ourselves. When I ask executives how they feel, many of them will respond “What do you mean?”

My response is, “Exactly.” When they dig into how they feel, it’s often not so good. Often their preferred response is to keep running right past it.

If you want to make a difference in peoples’ lives, including your own, then start caring more! Begin by noticing how you feel. Don’t shut it off or run away from it. Care for yourself.

As you do so, you’ll be able to give more because you’ll have more to give. It won’t seem like a stressor, but rather a blessing. It won’t be energy depleting, but energy enhancing.

A few additional thoughts:

  • Our greatest gift is the ability to be caring toward others. To be of service.
  • Chances are you can do a better job than you’re doing right now. We all can.
  • As the Bible states, “Heal thyself.” This is where it begins. It’s not being selfish; it’s ancient wisdom.
  • Don’t just tell yourself or others that you care! Show it! Begin by expressing your gratitude or thanks, or by acknowledging what’s going right.
  • The biggest trap I see us fall into in our hero or leadership roles is over-commitment. We try to control too much. We put more on our plate than we can possibly handle and then we beat ourselves up when we don’t reach perfection. Then when we’re finished doing that we have to watch how we treat others. This is not caring.
  • Caring doesn’t have to be an exhausting sacrificial affair. Make sure that your efforts “feel right” or don’t do them.

YOUR RISK PROFILE: THINK LIKE AN UNDERWRITER!

By Risk Management Bulletin

To make sure that you obtain the best value in protecting your business against the risks it faces, we work closely with a number of quality insurance companies, providing their underwriters with comprehensive information on your coverage requirements, together with your pricing and servicing expectations. You can help us help you by building and maintaining a “risk profile” that lists your exposures, loss data, and insurance contracts. This list should include (but not be limited to):

  • A narrative history of your firm that’s both positive and realistic. Well-managed businesses that have adapted well during up and down economic cycles will encourage underwriters to provide competitive prices on your account.
  • Résumés of key management show that you know your business and have a great team behind you.
  • Sales brochures and Web pages, if applicable.
  • A Dun &Bradstreet Report on your business. If D&B is unable to complete a report, you might get a lower financial grading. Even if you’ve had a few bumps along the financial road, some insurance companies will be willing to work with you — but not if they have to pull teeth to get the relevant information.
  • Audited financials, if applicable.
  • Your estimated sales, Workers Compensation payroll, automobile fleet, and property and equipment values.
  • Historic sales, payroll, and auto units for the past five years.
  • Insurer loss runs/claim runs for the previous five years on all policies, valued within 90 days of your renewal.
  • An outline of your safety plan(s).
  • Fleet maintenance schedules.
  • Your Workers Compensation experience modification factor (Comp mod), if applicable.

Insurance companies have invested heavily in computer systems that track all the relevant data on their clients. Be sure to review this information for accuracy and add it to your own database. Maintaining a comprehensive, accurate and current “risk profile” and staying on top of how this information is presented to company underwriters will give you a far better chance of securing a competitive, effective, and affordable insurance program.

SAFETY TIPS FOR THE NIGHT SHIFT

By Risk Management Bulletin

One out of five workers in developed nations doesn’t enjoy the luxury of sleeping at night. Policing, medical care, and specialized industrial and service jobs go on 24 hours a day — which means that somebody has to be out there on the graveyard shift to keep society running.

Workplace experts have studied the effects of this topsy-turvy existence on the lives and health of shift workers.

“People who work other than the standard daytime shifts face a host of challenges,” notes safety writer Barbara Manning Grimm, “including physical and mental fatigue, digestive problems, stress, and a feeling of isolation from family, friends, and the community. There’s also evidence that shift workers are at greater risk of accidents.”

There might be another, more sinister risk: Some studies show that night work raises the occurrence of some cancers, as the production of melatonin, a hormone created during sleep which suppresses tumors, is itself suppressed by staying awake. (However this is a controversial finding because other studies haven’t shown any effect between melatonin production and cancer rates).

To help employers deal with the safety issues involved in shift work, we’d recommend these guidelines:

  • Explain what shift work entails. Before they take a job on the night shift, workers should have time to consider how it will change their lives. Give them a chance to think things over before agreeing to this.
  • Request volunteers. Some workers would rather work nights. Maybe it lets them be home when a spouse is working so that children have 24-hour child care, or maybe they just want their days free for other pursuits. In any case, volunteers will have a more positive attitude toward the job than those simply assigned to it.
  • Pay a differential. A few extra dollars in the paycheck can provide a powerful incentive.
  • Light the work area brightly. Although it won’t replace sunlight, several studies suggest that bright light increases alertness. This is especially important between 3:00 a.m. and 6:00 a.m., when accident rates are highest.
  • Get physical. Offer an exercise break. A fast-moving game of Ping-Pong or even a brisk walk might ward off sleepiness until the shift is over.
  • Schedule naptime. Allow workers to close their eyes for about 15 minutes, mid-shift. Any longer, though, and your crew can drop into a deep sleep rhythm that will make them less alert when you wake them.
  • Allow time off for family functions. Night workers do have a daytime life, and letting them enjoy it will pay big dividends in morale, which usually translates to gains in productivity.

HELP YOUR WORKERS KEEP THEMSELVES SAFE

By Risk Management Bulletin

Most on-the-job accidents occur in “safe” workplaces. Why? Employee error. What can you do about it? Invest in a comprehensive employee safety motivation program that will reduce injuries in your workplace — increase productivity — and save you money. Some workplace injuries are due to lack of appropriate safety equipment or unsafe processes and procedures — problems that workplace safety laws can help correct. However, the most pervasive cause of these injuries is employee error (taking unneeded chances without thinking about them). For example, a worker might suffer a back injury despite having been trained in back safety, having a safety belt available, and knowing that there’s a risk.

Your employees might fail to minimize their workplace risks for a number of reasons, either related to or independent of the job. Job-related excuses for a back injury might include:

  • “I’ve picked up bigger boxes than this before without hurting myself.”
  • “Back belts are for sissies.”
  • “I’m too busy to stop and get a belt.”

In these cases, the employee at least thought about possible danger in lifting and alternatives. Some non-job-related reasons for ignoring safety procedures might be:

  • “I’m mad at my spouse. My kids are a pain.”
  • “How am I going to get my car fixed? Where will the money come from?”
  • “What should I wear tonight? Do the Joneses like asparagus?”
  • “I sure need a cigarette. When’s my break?”

The solution to this cavalier attitude toward safety is to develop an employee motivation program. The first step in an effective safety motivation program is marketing. You must instill the value of safety, communicate a commitment to safety, and motivate supervisors and employees to think and act safely. Rather than emphasizing management and control of responses to injury or illness, work toward preventing them and promoting safety. These efforts could pay big dividends — and lower your insurance premium.

Support the motivation program by committing to needed costs, promotions, and the total employee-motivation effort. Although employee motivation programs have been shown to provide a terrific savings-to-cost ratio, they do involve costs. If you save $25,000 on Workers Compensation, you won’t automatically get some of this money to spend on safety. However, the rate of return on an effective safety program can be $4 to $10 for every dollar invested.

Promote and maintain safety awareness by setting goals, rewarding success, and acknowledging failures. The employee motivation job isn’t complete till the paperwork is finished. Training must include program evaluation and trainee feedback for both supervisors and employees. Base your motivation program on awards, contests, premiums, and so forth. It’s essential to publicize such rewards as lottery tickets, selected gifts, savings bonds, and cash. However, no rewards will work without the basic structure of a workplace safety program.

HOW INSURERS DETERMINE SMALL GROUP HEALTH INSURANCE RENEWAL RATES

By Employment Resources

Have you ever wondered how insurers determine small group (2-50 employees) renewal rates? Be assured that it’s not an arbitrary process. Yes, there is a method to this madness! Although there are various formulas used, generally insurers use the following factors to calculate your renewal rates:

General Health Care “Trend”
This is a baseline factor applied to all Group Health insurance renewals. Basically, “trend” refers to the change in cost of health care products and services, and how consumers utilize these products and services. New facilities, technologies, and procedures encourage more people to receive advanced services. The costs of these goods and services are expensive and increasing rapidly.

This component also includes “prescription drug trend.” More drugs are being introduced into the market and aggressively marketed. The costs of advertising and research/development of these drugs are significant. These rising costs, in combination with increasing utilization, all contribute to this baseline factor.

Keep in mind this “trend” also has much to do with your group’s geographic location. Just as home prices differ upon location, so do health care costs. Premiums in certain areas might reflect the higher cost of more people using state-of-the-art, yet expensive, treatments and services.

Group-Specific Medical/Health Factor
When permitted by state regulations, a carrier may adjust renewal rates based on the overall health of the people covered under your health plan. Your premiums may be adjusted to cover expected future claims costs. Depending on your state, certain rate caps might exist which limit the amount an insurer can raise premiums based on your group’s health status alone.

Most carriers use a “prospective” system, meaning that they look at medical conditions and diagnoses, which may affect the group’s claims experience in the coming year. Claims from the past year, which are resolved or if the risk is no longer present, are not taken into account using a prospective rating system.

Your renewal adjustment can also be positively impacted by good claims experience.

Group-Specific Characteristic/Demographic Profile
This component includes:

  1. Age bracket changes (An employee or spouse turns 40, for example, moving them from the 35-39 bracket to the 40-44 bracket.)
  2. Gender and coverage composition changes (The percentage of females and males changes or the mix of single and family contracts changes.)
  3. Changes in the group’s location (Claims costs are geographically-based, so the rates may change if the company moves to a new locale.)

Group-Specific Administrative Expenses
This factor includes the fixed costs needed to administer the plan. The larger the group, the lower the expense load. For example, a two-person group would have a larger expense load, as a percentage of premiums, than a 25-person group.

So, what can you do to influence the costs? Ideas include adjusting your plan design and/or premium contribution to support more efficient utilization, encouraging employees to become smarter health care consumers through communication efforts, and promoting prevention and wellness programs. It’s a start at least.

LEARN HOW TO REDUCE MEDICAL CLAIMS PROBLEMS

By Employment Resources

Is your benefit department routinely tied up responding to complaints about medical claims for your company’s health plan members?

Medical claims problems are frequently the result of poor information and/or poor communication. Try some of the following methods to reduce the confusion, relieve the burden on your staff and improve the satisfaction of your plan members.

Remember, any time your staff works with personal health information, special care must be taken to assure that the information is treated confidentially and in compliance with all applicable HIPAA privacy rules.

Hold orientation sessions about health care benefits for members
It’s human nature to pay less attention to information that is not immediately useful. Consequently, many people who receive new benefit information do not absorb important changes if those changes do not appear to affect them at that time. Consequently, when the need unexpectedly arises, your plan member may not remember, for example, that she must place a call to her primary care physician within 24 hours of an emergency department visit.

One way to work around the “relevance/absorption” issue is to make effective use of scenarios during orientation sessions. The group leader should provide fictional examples of situations that illustrate new benefit rules. These examples will cause most people to apply the information to potential situations in their own lives and imprint the correct procedures or generate questions that will clarify information.

Hold orientation sessions about health care benefits for health care providers
This technique will not be practical in large city settings but can be very useful in smaller communities. If your company is introducing a new health plan into the community, everyone will need to incorporate new rules into their work. Invite the office staff of a local physician, hospital admitting and billing staff and others as appropriate to an orientation session with the insurer.

These staff members juggle many sets of health plan rules each day and, expectedly, cannot always keep information straight. They will be much more likely to integrate your new plan rules into their office practice if you have provided an opportunity for them to receive a full briefing and ask questions.

Select health plans that offer interactive Web sites
Medical claim problems often occur because the physician office or hospital admitting department has no way to verify eligibility or ascertain the specific rules related to your company’s plan. Health plans with interactive websites allow providers to go online and check eligibility, determine special rules, note any changes to the policy benefits, etc. This connectivity solves many of the potential medical claim problems.

Establish a regular meeting with the insurer to review medical claim issues
HR staff should keep a log of all medical claim complaints and status. Persistent problems should be turned over to the insurer with direction to resolve. In general, this technique keeps your HR staff as an intermediary so they are aware of problems but provides for the appropriate transfer of those problems to the insurer in a forum that requires follow up and reporting back results.

Data collected during this process, e.g., number of complaints, time to resolution, etc, can be useful evaluative tools. If your communication with the insurer is facilitated by a third party insurance broker, be sure that you have an agreement with the broker that all health information will be handled in compliance with HIPAA privacy rules.

HR as Advocate
Your staff will always play a middleman role for plan members because they are your members’ advocates to the health insurer. However, using these techniques should reduce the referee burden on your benefits group.