Skip to content

Workforce

Author: Site Staff

Posted on October 15, 2010August 9, 2018

Retirement Issues Likely a Hot Topic in New Congress

Regardless of which party is in control of Capitol Hill after the November elections, retirement issues are sure to rise to near the top of the congressional agenda.


Robert Reynolds, president and CEO of Putnam Investments, said that “2011 will shape up to be a year when retirement security comes more into focus than it ever has. Retirement is on the forefront of everyone’s mind.”


It’s not surprising. With baby boomers hitting retirement age—or postponing retirement because of the weak economy—and a decline in the number of people who participate in pension plans at work, retirement policy is becoming a hot topic in Washington.


In an Oct. 7 hearing of the Senate Health, Education, Labor and Pensions Committee, Chairman Tom Harkin, D-Iowa, indicated that he was zeroing in on retirement issues.


“I am going to make retirement security a priority,” Harkin said. “Over the coming year, I plan to hold a series of hearings examining the crisis in retirement security from a number of different angles, and I look forward to working with my colleagues on comprehensive reforms to help workers save for retirement and ensure that they have a source of retirement income that they cannot outlive.”


Although Republicans may take over the House in November, it’s unlikely that they will capture the Senate, leaving Harkin in place as chairman of the panel that oversees pensions.


The gloomy retirement picture will no doubt aid Harkin’s efforts. On Oct. 13, the Employee Benefit Research Institute released a study showing that 54.4 percent of full-time, full-year wage and salary workers participated in a retirement plan in 2009.


In 1999, that figure was closer to 60 percent. And the rate of employer sponsorship of plans dropped to 61.8 percent in 2009 from 69.4 percent in 1999.


Those kinds of statistics may well propel a congressional effort to enhance workplace savings. In September, Sen. Jeff Bingaman, D-New Mexico, and Rep. Richard Neal, D-Massachusetts, introduced a bill that would require companies to take a 3 percent deduction out of the paycheck of workers who aren’t covered by a company retirement plan.


The money would be placed in individual retirement accounts for the employees. Workers would be automatically enrolled unless they opt out.


The return of Congress for a lame-duck session in mid-November provides an opportunity for the auto-IRA measure to be tacked onto another bill, such as one renewing George W. Bush administration tax cuts. Observers say that it is more likely, however, that the auto-IRA proposal will have to be reintroduced in the new Congress when it convenes in January.


When it is revived, the measure should draw support across the political spectrum, according to John Kalamarides, senior vice president of retirement strategy and solutions at Prudential Retirement.


“Both parties are interested in increasing coverage to more workers,” Kalamarides said. “The debate will be, ‘How do you do that without creating a burden for small employers?’”


Reynolds said growing concern over Social Security solvency adds to the momentum for the auto-IRA bill.


“It would address the private side of preparing for retirement,” Reynolds said. “There is bipartisan support out there for this type of legislation, especially when you talk about covering half of working Americans not covered by defined-contribution plans today.”


Harkin is hopeful that the traditional bipartisan nature of retirement policymaking will endure despite an increasingly tense political atmosphere on Capitol Hill. He is worried, though, that Republicans and some Democrats will promote defined-contribution plans over defined benefit plans.


“I am fearful that more and more, we’re going to try to put the burden on individuals and less and less on the group as a whole,” Harkin said. “I see retirement [as] a bigger pool where everyone shares the risk.”


No matter how Congress approaches the problem, concerns about retirement security are growing more urgent during a time of sluggish economic growth, according to Kalamarides. As baby boomers put off retirement because of loss of income or assets — or both, they’ll be occupying jobs that could go to younger people.


“Solving the financial and emotional gaps in retirement is critical to solving the unemployment and consumer confidence issues,” Kalamarides said.  


Filed by Mark Schoeff Jr. of InvestmentNews, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com


 


Stay informed and connected. Get human resources news and HR features via Workforce Management’s Twitter feed or RSS feeds for mobile devices and news readers.

Posted on October 15, 2010August 9, 2018

Ex-Financial Manager Claims He Was Fired for Flagging Violations

A former branch manager for Ameriprise Financial Inc. has sued the company, alleging he was fired in November 2009 for raising serious allegations about the firm’s oversight of brokers.


Michael Loscalso, who began his career at the forerunner of Ameriprise in 1989, alleged in the lawsuit that his repeated complaints to management “about fraud, forgery and other practices which violated SEC rules and regulations led to the retaliatory termination of his employment” by Ameriprise. The lawsuit was filed Oct. 8 in U.S. District Court in the Eastern District of Pennsylvania in Philadelphia.


Loscalso is seeking unspecified damages from Ameriprise. He earned $260,000 per year and supervised more than 50 registered representatives and 60 licensed and unlicensed staff, at an Ameriprise branch in West Conshohocken, Pennsylvania.


The “whistle-blower” lawsuit further alleges that Loscalso was engaged in the “protected activity of reporting violations of Securities and Exchange Commission rules and regulations to management on numerous occasions throughout his employment and immediately prior to his termination.”


According to the lawsuit, the violations reported by Loscalso included incidents relating to forgery, fraud, unlicensed sales, unlicensed signing of documents, overcharging for financial planning services, underdelivery of financial planning advice, and breaches of client privacy and data security.


In one case that Loscalso said he reported, a broker’s assistant signed 30 annuity applications on the broker’s behalf. Ameriprise issued the rep a letter of caution and took no further action, according to the lawsuit. In another incident that Loscalso says he spoke up about, a broker allowed an unlicensed assistant to transact client business by processing and completing trades using the broker’s identification number.


Between the end of September 2009 and October 2009, Loscalso told “several members of management that he was considering alerting outside regulatory agencies, including the Financial Industry Regulatory Authority Inc. and the SEC, about his concerns regarding violations of SEC rules and regulations,” according to the lawsuit.


He was fired by Ameriprise on Nov. 5, 2009, according to the lawsuit. In a letter to Loscalso, Ameriprise managers said Loscalso was fired for cause due to a failure to supervise his advisers.


“We terminated Mr. Loscalso for performance,” wrote Chris Reese, an Ameriprise spokesman, in an e-mail. “The Department of Labor dismissed his case against Ameriprise and we will fight this baseless lawsuit vigorously.”  


Filed by Bruce Kelly of InvestmentNews, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


 


Stay informed and connected. Get human resources news and HR features via Workforce Management’s Twitter feed or RSS feeds for mobile devices and news readers.

Posted on October 14, 2010June 29, 2023

The Hot List: 2010 HR Management System Providers

To enlarge the view, click on the image below.
Adobe Acrobat Reader is required.



Workforce Management, October 2010, p. 14 — Subscribe Now!

Posted on October 14, 2010August 9, 2018

Study Hispanics Lag on Plan Participation

About half of white workers in the U.S.— 49.4 percent —participated in an employer-based retirement plan in 2009 compared with 41.6 percent of black workers and 26.7 percent of Hispanic workers, according to a new study.


The Employee Benefit Research Institute study, Employment-Based Retirement Plan Participation: Geographic Differences and Trends, 2009, also found that 70 percent of black and white workers with annual earnings of at least $50,000 participated in a plan, but only 57 percent of Hispanic workers at the same earning level did so.


Also, the percentage of U.S.-born Hispanic workers participating in a plan was twice as high as the rate of Hispanic workers born outside the U.S., 40 percent to 20 percent, respectively.


“What this shows is that plan participation levels between the races vary because of income and cultural differences,” said Craig Copeland, senior research associate at the institute and the study’s author, in an interview. “However, as income increases, these differences appear to go away between black and white workers but not with Hispanics.”


The study used U.S. Census Bureau data.   


Filed by Doug Halonen of Pensions & Investments, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


 


Stay informed and connected. Get human resources news and HR features via Workforce Management’s Twitter feed or RSS feeds for mobile devices and news readers.


 

Posted on October 13, 2010August 9, 2018

IRS Delays W-2 Health Cost Reporting Requirement

The Internal Revenue Service announced Tuesday that it will waive for one year a health care reform law requirement that employers report the cost of coverage on employees’ W-2 wage and income statements.


Under the reform law, employers were to have given health care cost information on 2011 W-2 statements that are distributed to employees in 2012. Instead, the health care cost information will have to be reported on the 2012 W-2s, which are issued in 2013.


“The Treasury Department and the IRS have determined that this relief is necessary to provide employers the time they need to make changes to their payroll systems or procedures in preparation for compliance with the new reporting requirement,” the agencies said.


The one-year delay “will be welcomed by employers due to the big administrative effort they face in meeting the new requirement. It is a good move by” regulators, said Frank McArdle, a consultant with Aon Hewitt Inc. in Washington.


The IRS also noted that the W-2 reporting requirement is only for informational purposes and the amounts that are reported will not be taxable. Some health care reform critics have erroneously reported that the reporting requirement changed the tax status of employer-provided coverage.


That coverage is tax-free, though starting in 2018 a 40 percent excise tax will be imposed on health insurance premiums that exceed a certain amount.


 


Filed by Jerry Geisel of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


 


Stay informed and connected. Get human resources news and HR features via Workforce Management’s Twitter feed or RSS feeds for mobile devices and news readers.

Posted on October 11, 2010August 9, 2018

No Workers’ Comp Benefits for Widow of Murdered Employee

The widow of a worker whose murder on his employer’s premises remains a mystery is not entitled to workers’ compensation death benefits, Tennessee’s Supreme Court ruled.

The Oct. 6 ruling in Ana R. Padilla vs. Twin City Fire Insurance Co. stems from the July 13, 2007, death of Jose Sanchez, a mill worker who generally began work each day long before other workers arrived at Xelica in Nashville, Tennessee, court records state.

The owner of the business found Sanchez that day shot to death. But with few clues, the unsolved murder eventually was turned over to a police department’s homicide cold-case unit.

Padilla sued for death benefits for herself and her daughter, presenting evidence that the shop was in a high-crime area. She argued that the only reasonable conclusion is that Sanchez was killed during a burglary and the assault was therefore connected to his job, court records show.

But a trial court concluded that there was not enough evidence to establish that burglary was a motive for the murder as nothing was taken from the premises and there was no sign of a forced entry. The court also concluded that there was no evidence the murder was related to Sanchez’s private life.

It therefore concluded the murder resulted from a “neutral assault.” The court also declined to apply Tennessee’s “street risk” doctrine, because the employer’s premises were not open to the public.

The street risk doctrine applies in cases where an employer exposes a worker to street hazards that could cause an injury, court records state.

The trial court dismissed Padilla’s complaint, and a Special Workers’ Compensation Appeals Panel affirmed the trial court’s dismissal. The Supreme Court then agreed with the panel’s finding.

 Filed by Roberto Ceniceros of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.

 

Stay informed and connected. Get human resources news and HR features via Workforce Management’s Twitter feed or RSS feeds for mobile devices and news readers.

Posted on October 11, 2010August 9, 2018

White House Defends Mini-Med Plan Waivers

President Barack Obama’s spokesman has defended the decision to approve waivers for 30 sponsors of “mini-med” plans that allow them to continue to offer the arrangements temporarily.


“The waivers are about ensuring and protecting the coverage that people have until there are better options available to them in 2014,” White House press secretary Robert Gibbs said Oct. 7 during a briefing.


His comments responded to questions about why the Department of Health and Human Services had granted the one-year waivers.


Without such waivers, it would be difficult or impossible for the plans, which typically have low annual dollar limits, to meet a key health care reform requirement. In 2014, all plans are barred from imposing annual limits. Until then under previously issued regulations, the minimum annual limit is $750,000 in 2011, $1.25 million in 2012 and $2 million in 2013.


In all, nearly 1 million people are enrolled in mini-med plans offered by the 30 organizations that have received waivers.


In 2014, many mini-med plan enrollees, who often are low-wage, part-time workers, will be eligible for government-subsidized coverage in state health insurance exchanges.  


Filed by Jerry Geisel of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


 


Stay informed and connected. Get human resources news and HR features via Workforce Management’s Twitter feed or RSS feeds for mobile devices and news readers.

Posted on October 7, 2010August 9, 2018

Early Retiree Reimbursement Approvals Updated Weekly

The Department of Health and Human Services now is updating weekly the online list of organizations that have been approved to receive government reimbursement for health care expenses of early retirees and their dependents.


Some 3,000 employers, unions, state and local governments and other early retiree health care plan sponsors already have been approved to receive reimbursement.


Now, the department said Oct. 5, an updated list will be posted once a week. The latest approvals include pharmaceutical giant Abbott Laboratories in Abbott Park, Illinois; the California Institute of Technology in Pasadena; and construction equipment manufacturing giant Caterpillar Inc. in Peoria, Illinois.


The list of organizations and employers approved since Oct. 1 is available online.


In addition, a list of approved organizations by the state in which they are based is available at www.healthcare.gov/law/provisions/retirement.


Under the program, the government will reimburse employers and other sponsors of early retiree health care plans for a portion of claims incurred starting June 1 by retirees who are at least 55 but not eligible for Medicare, as well as covered dependents, regardless of age.


After a participant incurs $15,000 in health care claims in a plan year, the government will reimburse plan sponsors for 80 percent of claims up to $90,000. In general, the reimbursement must be used to reduce employers’ and/or retirees’ health care costs.


Unless Congress authorizes additional funding—considered unlikely—the program will run out of money sometime in 2011, long before its Dec. 31, 2013, expiration, according to the Employee Benefit Research Institute in Washington.  


Filed by Jerry Geisel of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


 


Stay informed and connected. Get human resources news and HR features via Workforce Management’s Twitter feed or RSS feeds for mobile devices and news readers.

Posted on October 5, 2010August 9, 2018

Dear Workforce How Do We Rebuild Trust in Our Leadership

Dear Trust Deficit:

In this time of organizational restructuring, rapid operational/technological changes and uncertainty, rebuilding trust is definitely a challenging (and not uncommon) task. However, all levels of management can take the lead in this rebuilding process if they follow some basic principles and seven strategic steps.

1. Hold a focus group. One of the best ways to begin a healing and trust-building process is a meeting, or a series of meetings, that allows people to appropriately share their concerns or vent frustrations about people or processes that have contributed to a destabilizing or trust-eroding organizational atmosphere or culture. Of course, you need a skilled and objective facilitator. When employees see that management doesn’t get defensive during this exchange and acknowledges broad concerns and, in fact, takes meaningful problem-solving steps, trust levels begin to rise.

2. Acknowledge hidden agendas. When possible, speak the unspeakable—that is, acknowledge the 800-pound gorilla in the room. Being transparent doesn’t mean you have to put everything on the table, but certainly share appropriate information about problematic issues or about what is and is not in your immediate control, along with what information you do and don’t have. (These last two issues are particularly salient when there are rumors about a possible restructuring or downsizing.)

3. Talk straight and ask good questions. Try to get to the point without too much digression or overexplanation, as this diminishes your credibility with an audience. When possible do some preparation; precision of language commands attention. If this is an issue, what keeps you from talking straight—fear of consequences or being wrong, fear of hurting others, wanting to be liked, a duplicitous environment, etc.? Conversely, ask good questions. The essence of a good question is a) humility: “I don’t have all the answers” and b) openness: “I really would like to hear and learn from your point of view.” Remember, when a person is communicating with high emotion, he or she likely still feels misunderstood.

4. Don’t bad-mouth others behind their backs, especially folks no longer in the company. All this does is fuel employee mistrust: “What do (or will) people say about me when I’m not around (or when I retire)?” And if people are talking negatively about a current employee, encourage people to talk directly with the person; offer to mediate (or to find a mediator) when appropriate.

5. Don’t overpromise and underdeliver; keep your commitments. As I like to say, beware of being motivated by ego goals: that is, when your goals are driven less by the needs, demands, resources and challenges of a situation and more by ego and false pride. Remember the advice of Stephen M.R. Covey: When you make a commitment, you build hope; when you keep a commitment, you build trust.

6. Create a learning, trust-building culture. In addition to acknowledging a personal mistake in a timely manner, when possible view errors as less a sign of incompetence and more an indicator of inexperience or some immaturity, maybe even boldness.

7. Extend trust. Design rules and procedures for the overwhelming majority of people you can trust. Grant trust abundantly to those who’ve earned it; extend conditionally to those earning it, while examining the situation, risk potential and credibility—the competence and character—of those involved for more opportunities to extend trust.

SOURCE: Mark Gorkin, The Stress Doc, Washington, D.C., August 9, 2010

LEARN MORE: Please read “5 Questions With Dov Seidman: Inspiration as Worker Incentive” for more on how companies can reconnect with employees.

Workforce Management Online, October 2010 — Register Now!

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

Ask a Question
Dear Workforce Newsletter
Posted on October 5, 2010August 9, 2018

Dear Workforce How Do New Regulations on Internship Affect Our For-Profit Organization

Dear Proceeding With Caution:

Your question is a timely one, as the Labor Department is stepping up its enforcement efforts concerning student intern programs. Although media reports may focus on the use of unpaid interns at large, for-profit companies, the regulations in this area apply to all employers—whether for-profit or not-for-profit companies. The purpose of the regulations is to ensure that employers are not using the “intern” label to avoid paying their workers the minimum wage and overtime.

The Labor Department applies a six-part test to determine whether an intern program is exempt from the minimum wage and overtime requirements of the wage-and-hour laws. To pass that test, you need to understand what a qualifying intern program is, and just as important, what a qualifying program is not. A student intern program is not a source of free or low-paid labor for your organization. If the intern is doing the same type of work that a paid employee would have been performing, then your program is unlikely to pass the test. For example, if the intern is spending all or most of his or her time answering phones, opening mail, making copies and performing other administrative tasks, this probably would result in a finding that the intern is an employee.

A qualifying intern program primarily should be about providing an educational benefit for the intern. Although the intern can perform tasks for your company, it should be in the context of offering training in your field or industry. Factors the regulators will look for include whether you are allowing the intern to shadow one of your employees (to learn more about your organization or your field generally), and whether you are providing your interns with periodic seminars and/or training for their benefit. In this regard, it is helpful, although not essential, if the intern is receiving course credit from a school for the internship experience. You should know, however, that course credit alone will not be enough if the internship is not of educational benefit to the intern.

Finally, your organization should spell out in writing what its internship program consists of, with an emphasis upon the educational benefit to the participants. The writing also should make clear that the internship is unpaid; it could, perhaps, include a stipend to cover certain expenses.

If you keep the above concepts in mind and adhere to them, it will go a long way toward ensuring that your internship program qualifies under the federal test. Please be aware, however, that states are free to impose even stricter regulations, and these may vary from state to state. Seek the advice of a knowledgeable employment attorney as you review your intern program.

SOURCE: Joel W. Rice, Fisher & Phillips, Chicago, July 12, 2010

LEARN MORE: Please read about the DOL internship regulations in greater detail.

Workforce Management Online, October 2010 — Register Now!

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

Ask a Question
Dear Workforce Newsletter

Posts navigation

Previous page Page 1 … Page 43 Page 44 Page 45 … Page 416 Next page

 

Webinars

 

White Papers

 

 
  • Topics

    • Benefits
    • Compensation
    • HR Administration
    • Legal
    • Recruitment
    • Staffing Management
    • Training
    • Technology
    • Workplace Culture
  • Resources

    • Subscribe
    • Current Issue
    • Email Sign Up
    • Contribute
    • Research
    • Awards
    • White Papers
  • Events

    • Upcoming Events
    • Webinars
    • Spotlight Webinars
    • Speakers Bureau
    • Custom Events
  • Follow Us

    • LinkedIn
    • Twitter
    • Facebook
    • YouTube
    • RSS
  • Advertise

    • Editorial Calendar
    • Media Kit
    • Contact a Strategy Consultant
    • Vendor Directory
  • About Us

    • Our Company
    • Our Team
    • Press
    • Contact Us
    • Privacy Policy
    • Terms Of Use
Proudly powered by WordPress