Skip to content

Workforce

Author: Site Staff

Posted on September 8, 2010August 9, 2018

Staffing Firm Owner Accused of Forced Labor on Hawaii Farms

The owner of a Los Angeles staffing firm and five others were indicted on suspicion of holding approximately 400 Thai workers on farms in Hawaii in conditions of forced labor, according to an indictment filed September 1 in U.S. federal court in Hawaii.


Mordechai Orian, 45, owner of the staffing firm, Global Horizons Manpower Inc., pleaded not guilty, according to court filings. In a statement, the company said it complied with requirements of government agencies.


“Global Horizons never abused, neglected, endangered, exploited or discriminated against their workers,” according to the statement. “The company has always made their best faith efforts to comply with the laws and provide safe, certified working conditions.”


Orian and Pranee Tubchumpol, director of international relations at Global Horizons, face maximum sentences of up to 70 years in prison, according to the FBI.


The incidents allegedly took place from May 2004 through September 2005. Workers had their passports confiscated and were allegedly threatened with arrest and being sent back to Thailand if they did not comply, according to the indictment. In Thailand, the workers would have faced recruitment debts they could not pay off.


Thai workers with incomes of approximately $1,000 U.S. per year were lured to the U.S. with promises of high wages and up to three years of employment, according to the indictment. Workers had to pay fees of $9,500 to $21,000 to gain employment. Some workers took out loans to pay the fees using family land as collateral, according to the indictment. One worker cited a promised wage of $8.72 per hour.


Global Horizon and a firm owned by Chunharutai received portions of the recruitment fees as well as commissions from U.S. growers, according to the indictment.


Others listed in the indictment include Shane Germann, on-site manager; Sam Wongsesanit, an on-site field supervisor; Ratawan Chunharutai, the owner of a Thai-based recruitment firm; and Podjanee Sinchai, the owner of another Thai-based recruitment firm.


Chunharutai faces up to 65 years in prison, while Germann and Wongsesanit face up to 10 years in prison, according to the FBI. Sinchai, who was charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the U.S.


A trial date of November 3 has been set for Orian, according to court records.


Kara Lujan, a Global Horizons spokeswoman, said there was overkill in the FBI’s handling of the case. FBI agents kicked down the door of Orian’s Malibu, California, home while serving a search warrant; ordered his wife and three children, ages 5, 11 and 13, on the ground at gunpoint; and handcuffed his wife, Lujan said. Orian was not at home when the search warrant was served.


Orian has no criminal record and is not violent, Lujan said. “We just felt it was just overkill,” she said.


Lujan also said Orian did not try to flee and never tried to mislead negotiations for surrender, contrary to other reports. Orian flew to Honolulu and turned himself in to agents at the office of his attorney.  


Filed by Staffing Industry Analysts, a sister company 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 September 8, 2010August 9, 2018

IRS Says Flexible Spending Accounts Cant Reimburse OTC Drugs Without Prescription

Employees who want to pay for over-the-counter medications using their health care flexible spending account will need a prescription to do so effective January 1, 2011, according to new Internal Revenue Service rules.


The rules issued September 3 involve a section of the health care reform law that sharply restricts FSA reimbursements for over-the-counter medications such as nonprescription pain relievers, cold medicines, antacids and allergy medications.


What was not clear, though, was whether a doctor’s note was enough or whether a prescription was required for an FSA to reimburse over-the-counter purchases, said Sharon Cohen, an attorney with Towers Watson & Co. in Arlington, Virginia.

In the notice, the IRS says a prescription is required for over-the-counter reimbursements. It defines a prescription as a “written or electronic order for a medicine or drug that meets the legal requirements of a prescription in the state in which a medical expense is incurred and that is issued by an individual who is legally authorized to issue a prescription in that state.”


The IRS also resolved uncertainty involving the new over-the-counter restriction on what are known as “grace period” FSAs. Under rules the IRS issued in 2005, unused contributions made to FSAs in the current year can be rolled over to pay for expenses incurred during the first 2½ months in the following year. The new IRS rules say over-the-counter reimbursements are banned for grace-period FSAs and FSAs without grace periods effective January 1, 2011, said Mark Berggren, benefits outsourcing counsel with Hewitt Associates Inc. in Lincolnshire, Illinois.


It isn’t known what percentage of expenses reimbursed through FSAs involve over-the-counter medications.


In 2010, an average of 20 percent of eligible employees made FSA contributions, according to Hewitt Associates, while contributions averaged $1,535 per employee among employers with at least 500 workers in 2009, according to Mercer in New York.


The health care reform law’s restrictions on reimbursing over-the-counter expenses from FSAs is the first of two major provisions affecting FSAs to take effect. The other provision will cap pretax contributions to FSAs at $2,500 effective January 1, 2013.


Under prior law, there was no annual limit on FSA contributions, though employers typically imposed annual limits ranging from $4,000 to $5,000.


Congress imposed the new limits to raise revenue to help pay for other provisions in the reform law that will expand coverage, such as new federal insurance premium subsidies for the lower-income uninsured, beginning in 2014.  


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 September 8, 2010August 9, 2018

Survey Employees Pay Larger Share of Health Care Costs

Average annual premiums for employer-sponsored health insurance grew just 3 percent this year for family coverage, but employees’ share of those costs surged 14 percent, according to a survey released Thursday, September 2.


The 12th annual Kaiser Family Foundation/Health Research & Educational Trust “Employer Health Benefits” survey found that employee contributions for single coverage grew 15 percent, compared with the 5 percent increase in annual employer premiums.


As a result, employees paid an average of $3,997 toward the $13,770 cost of family coverage and $899 toward the $5,059 cost of single coverage this year. By comparison, employees last year paid an average $3,515 toward the $13,275 cost of family coverage and $779 toward the $4,824 cost of single coverage.


Since 1999, the share of health care premiums paid by employees has increased 159 percent, while the cost of employer-sponsored health care benefits has grown 138 percent, according to the study.


Drew Altman, president and CEO of the Washington-based Henry J. Kaiser Family Foundation, attributed the recent surge in employee health care coverage contributions largely to the recession, saying that many employers—Kaiser included—are asking employees to take on a greater share of the health care cost burden so their firms can continue to afford to offer the coverage and perhaps avoid layoffs.


“I think it is a recession survival tactic,” he said during a Thursday news conference in Washington.


“The continued economic downturn is leading to more burden for employees in terms of what they have to pay for their health insurance,” Gary Claxton, vice president and director of the Health Care Marketplace Project at KFF, said during the news conference.


Because significant cost-sharing still is permitted under the Patient Protection and Affordable Care Act, Claxton said he expects the trend of greater health benefit cost-sharing with employees will continue in the next few years.


The survey, however, was unable to gauge the effects of PPACA on employer-sponsored health benefit costs because much of it was conducted before the reform measure became law earlier this year, he said.


While employee contributions to the cost of coverage grew significantly, the scope of that coverage eroded somewhat, Altman noted.


In particular, the percentage of employees enrolled in plans with deductibles of $1,000 or more grew to 27 percent this year from 22 percent last year, while the percentage with deductibles of $2,000 or more for single coverage grew to 10 percent this year from 7 percent last year.


“Insurance in this country is gradually changing, becoming less comprehensive, so that what workers get today is less comprehensive than what their parents got,” Altman said.


In a first during the 2010 survey, respondents were asked whether they review performance indicators on health plans’ clinical and service quality. While 34 percent of employers with 200 or more employees said they reviewed such performance indicators, only 5 percent of small employers did so.


Megan McHugh, director of research at HRET, described the numbers as “troubling.”
“Employers are not holding health plans accountable for the quality of care” their employees are receiving, McHugh said. “Firms might simply be choosing health plans based on price.”


Among other significant survey findings:
• The percentage of firms offering health care coverage grew to 69 percent in 2010 from 60 percent in 2009. The increase was the greatest among firms with three to nine workers, growing to 59 percent from 46 percent last year. While on the surface this appears to be good news, researchers said the increase was an aberration that could be attributed to the fact that only firms still in business were interviewed, and that most of those that went out of business during the recession did not offer health care coverage.


• Although preferred provider organization plans still dominate the market with 58 percent of employees enrolled in them, the percentage of employees enrolled in high-deductible health plans has grown to 13 percent in 2010 from 8 percent in 2009. Meanwhile, enrollment in health maintenance organizations shrunk slightly to 19 percent from 20 percent in 2009, while point-of-service plan enrollment fell to 8 percent from 10 percent in 2009, and traditional indemnity plan enrollment held steady at 1 percent.


• Large employers were more likely to offer high-deductible health plans, with 34 percent of firms with 1,000 or more workers offering them, compared with 21 percent of those with 200 to 999 workers and 15 percent of those with three to 199 workers. HDHPs include health plans with a deductible of at least $1,000 for single coverage and $2,000 for family coverage offered with a health reimbursement arrangement, as well as HDHPs that meet federal requirements to permit an enrollee to establish and contribute to a health savings account.


• The percentage of firms with 200 or more active workers offering retiree health benefits dropped to 28 percent in 2010 from 30 percent in 2009.


• Thirty-one percent of employers with 50 or more workers made changes to their mental health benefits in response to the Mental Health Parity and Addiction Equity Act. Of those, 66 percent eliminated limits on coverage, 16 percent increased utilization management of mental health benefits and 5 percent dropped mental health coverage entirely. Twenty-three percent of those employers made other changes that were not specified in the survey.


The survey was conducted between January and May and included responses from 3,143 randomly selected nonfederal public and private employers with three or more workers.  


Filed by Joanne Wojcik 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 September 3, 2010August 9, 2018

GMs New CEO Meets With UAW Leaders, Says Lets Work Together

New General Motors chief executive Daniel Akerson, in his second day on the job, said Thursday, September 2, in a Labor Day greeting to GM’s 80,000 employees in the U.S. and Canada that he recently had a get-acquainted meeting with United Auto Workers president Bob King and the head of the union’s GM department, vice president Joe Ashton.


After the meeting at UAW headquarters in Detroit, Akerson said the leaders concluded that “while we will not always see eye to eye on everything, GM will succeed to the extent that management and labor work together.”


The note was posted on GM’s internal websites and distributed to the automaker’s plants. It was directed at all U.S. and Canadian employees, including 52,000 hourly workers represented by the UAW.


GM spokesman Tom Wilkinson confirmed the authenticity of the letter obtained by Workforce Management sister publication Automotive News.


Akerson, 61, officially took the helm of GM on Wednesday, succeeding Ed Whitacre, who will retire as chairman by the end of the year.


GM won major concessions from the union as part of its government bailout last year. And the automaker faces master negotiations with the UAW next year when a four-year contract expires in September 2011.


King said recently that the union intends to restore some of those concessions as GM, Ford and Chrysler recover and become more profitable.


Akerson wrote the note to thank workers for their efforts. He especially saluted them for working through the summer when the automaker normally would shut down for model changeovers.


“Many in the U.S. worked through the traditional summer downtime to keep our momentum going,” he said.


Akerson, who mostly guided telecommunications companies during his pre-GM tenure, said he comes from a union family.


Wrote Akerson: “I know on a very personal level the good things that unions can do.”  


Filed by David Barkholz of Automotive News, 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 September 1, 2010August 9, 2018

Striking Coca-Cola Workers Benefits to Be Restored

Approximately 500 striking Coca-Cola Enterprises Inc. workers in Washington state will have their health benefits restored when they return to work Wednesday, September 1, and contract talks resume, a company spokesman said.


However, the Atlanta-based soft drink company maintains it was within its legal rights to suspend the workers’ health benefits during the work stoppage, which began August 24. The company spokesman also said Monday, August 30, that when health benefits are restored, workers’ contributions will be prorated to reflect the temporary lapse in coverage.


Meanwhile, lawyers for the striking workers filed a motion for a temporary restraining order in U.S. District Court for the Western District of Washington in Seattle seeking to force Coca-Cola to restore health benefits retroactively.


Attorneys from the law offices of Schwerin Campbell Barnard Iglitzin & Lavitt also filed a lawsuit against Coca-Cola on Friday, asserting that the company violated the Employee Retirement Income Security Act when it terminated health benefits for the 500 striking workers.


Despite the resumption of contract talks, the workers plan to pursue their litigation, said Dmitri Iglitzin, a partner in the Seattle-based firm.


Although the Coca-Cola spokesman said the company had not yet been served with the suit or the motion for a temporary restraining order, the company believes the litigation has no merit, he said.  


Filed by Joanne Wojcik 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 September 1, 2010August 9, 2018

Survey U.K. Firms May Cut Benefits Under New Pension Law

More than one-third of large U.K. employers say they are likely to reduce pension benefits when rules requiring them to automatically enroll employees go into effect in October 2012, according to a survey released Tuesday, August 31.


The survey by the London-based Association of Consulting Actuaries found that 41 percent of employers said they are “likely” or “highly likely” to reduce future pension benefits due to the automatic enrollment law.


The association surveyed 210 large employers—companies with more than 1,000 employees—during July and August.


According to the study, 16 percent of employers said they would be “highly likely” and 25 percent said they would be “likely” to review existing pension benefits to mitigate the increased cost of higher plan membership caused by automatic enrollment.


The U.K. government rules requiring that all employees automatically be enrolled in workplace pensions are expected to increase membership of employer-sponsored pensions by 35 to 40 percent, according to survey respondents.


Under the rules that go into effect in October 2012 for larger employers, employees would automatically be enrolled but also could opt out of their employer’s pension plan.


By 2017, automatic enrollment will apply to companies of all sizes. The rules were first announced in 2006.


While 75 percent of employers surveyed said they supported the principle, 70 percent also said the automatic enrollment regulations “appeared complex.”


In June, the recently elected U.K. coalition government said it was conducting a review to determine how best to support the implementation of automatic enrollment into company pension plans. Interested parties have until September 30 to offer feedback to the U.K. Department for Work and Pensions.


More than half of the respondents to the ACA survey said they believe the government should delay implementation of rules.  


Filed by Sarah Veysey 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 August 31, 2010August 9, 2018

Dear Workforce How Do We Make the Move to a Unified Pay Structure Across Various Companies

Dear Big Task:

Your organization would appear to value a variety of developmental assignments in “training up” its future leaders. Differing pay structures make this a complicated but not insurmountable task. Nonetheless, even though you have already decided to make this change, it would be productive to review the specific reasons that your separate pay structures were created in the first place. It also gives you a chance to explore ways in which this system could be made to work. At the very least, this will uncover specific business conditions or needs that should be considered in any conversion process—especially since the challenge of integrating four pay structures within your organization likely will be highly visible to managers and employees.

In implementing this change, ensure that whichever integrated system you develop effectively meets the business needs of each of the companies. Enhancing leadership development opportunities, as well as performance, are of course your organization’s ultimate goals. There are other considerations, however. The pay structures were probably put in place to address specific competitive labor-market considerations. As a result, your organization will need to “market price” benchmark jobs across each of the companies to make a thorough appraisal of the competitive pay situation. Once this process is complete, a cross-functional team can be created to “level” both benchmark and managerial positions across the companies, independent of the market data, to determine internal job worth. This second step is crucial since internal equity is a major consideration in talent development—and could become a serious issue if similar types of positions are placed in different levels.

The two sets of information then can be combined to create a salary structure that works for the integrated organization. This structure can assume a variety of shapes. Your organization may find that broad grades or broad bands are most appropriate. Or a traditional structure may best suit the organization’s needs. It is important that positions be placed in salary ranges that enable the organization to attract and retain top-notch employees, as well as to reward high-performing employees (particularly potential leaders). Your organization should carefully evaluate, again in light of business needs and strategy, the advantages and disadvantages of each type of salary grade/band structure.

Two often-overlooked elements of this type of conversion are costs and communications. You do not want to set the new salary ranges too high, as cost becomes an issue (especially if the original range was set at a lower point). The goal is to balance your desire to pay people a competitive wage while at the same time ensuring that costs do not spike needlessly. A full business/cost analysis of various alternative structures allows the top management team to make an informed decision. Nor should you overlook the issue of communication. You may need to advise employees and managers of the process and the desired outcomes, as well as the rationale for the change, before starting the process. 

Once you begin implementing the new system, be sure to communicate the changes to both managers and employees—again, so they are aware of the business reasons. This will help managers more easily administer salaries for their work groups. If salary adjustments are required to adjust pay levels between companies, these can be done in two or three steps. Compensation is one of the most visible and fundamental business management systems. Care and planning should inform any changes to that system.

SOURCE: Robert Fulton, Pathfinder’s Group Inc., Glenview, Illinois, June 17, 2010

LEARN MORE: Please read why transparency is pivotal when changing pay structure.

Workforce Management Online, August 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 August 26, 2010August 9, 2018

Survey Notes More Health Care Costs Will Shift to Employees

Nearly two-thirds of employers say they intend to make health care plan design changes to shift more costs to employees in 2011, according to a survey released Wednesday, August 27.


The Aon Consulting survey found that 65 percent of respondents plan to increase cost-sharing through actions such as boosting deductibles, co-payments, co-insurance or out-of-pocket limits.


In addition, 57 percent said they expect to boost health care plan premiums paid by employees.


Those changes come amid major increases in health care plan costs. Just over one-third of respondents said their group health care costs rose at least 5 percent but less than 10 percent this year, while 18 percent said costs climbed at least 10 percent but less than 15 percent. Twenty-four percent, though, said cost increases were less than 5 percent, while 5 percent said cost increases were at least 15 percent but less than 20 percent.

The survey also details how expensive COBRA health care continuation coverage has become. For example, this year the median monthly COBRA premium charged for single coverage in a preferred provider organization plan was $449, while the median monthly premium for family coverage was $1,310.


Through legislation passed in 2009 and later extended and expanded, the federal government pays 65 percent of the COBRA premium for employees who are involuntarily terminated. But that subsidy is available only to employees laid off through May 31.


A total of 1,079 individuals participated in the survey, including 44 percent at employers with 500 to 5,000 employees, 38 percent at employers with fewer than 500 employees and 18 percent at employers with more than 5,000 employees.


A summary of the “2010 Benefits Survey” and information on how to obtain the full survey is available at http://aon.mediaroom.com. 


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 August 25, 2010August 31, 2023

Court OKs Bias Suit by Worker Who Was Demoted, Replaced

An Oklahoma City school district employee who was demoted to principal and then replaced by a younger worker with similar responsibilities can pursue her age discrimination suit, a federal appeals court has ruled.

According to Tuesday’s decision by a three-judge panel of the Denver-based 10th U.S. Circuit Court of Appeals in Judy F. Jones v. Oklahoma City Public Schools, Jones was promoted in 2002 to executive director of curriculum and instruction of the school system.

Beginning in 2006, her supervisors asked questions about when she planned to retire. In 2007, when she was 60, Jones was demoted to principal, a position that paid less after her first year and affected her vacation and retirement benefits, according to the decision.

Shortly afterward, the Oklahoma City Public Schools named a 47-year-old woman to a position that had a different title but with a job description and responsibilities that “were quite similar to those of Jones’ former position” overseeing curriculum and instruction.

Jones filed suit in May 2008, alleging that the school system violated the Age Discrimination in Employment Act.

A lower court held that under the U.S. Supreme Court’s 2000 ruling in Roger Reeves v. Sanderson Plumbing Products Inc., it was not sufficient that Jones had established a prima facie case of age discrimination. The lower court “faulted Jones for not providing any ‘additional evidence’ to show that age played a role in the reassignment decision,” the appeals court panel wrote.

The lower court, though, improperly applied the Reeves decision, the appeals court said.

“Showing that [Oklahoma City Public Schools’] reasons for her transfer were pretextual, Jones was under no obligation to provide additional evidence of age discrimination,” the panel ruled, and remanded the case for further proceedings.

Filed by Joanne Wojcik 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 August 25, 2010August 9, 2018

Court OKs Award for Asbestos Exposure to Workers Spouse

A woman’s “bystander exposure” to asbestos from washing her husband’s work clothes for more than three decades substantially contributed to her mesothelioma, a New Jersey appellate court has ruled in upholding a $7.5 million jury award.


The August 20 ruling in Bonnie Anderson v. A.J. Friedman Supply Co. Inc. upheld a jury award of $7 million for Anderson and $500,000 for her husband, plus prejudgment interest.


The couple brought product liability litigation naming several defendants that manufactured and supplied asbestos, but they went to trial only against Exxon Mobil Corp. after claims against the manufacturers were dismissed.


The plaintiffs alleged that Anderson contracted mesothelioma from one or two sources of asbestos exposure: her own 12-year employment working at an Exxon refinery and from laundering her husband’s asbestos-laden work clothes during his employment with Exxon from 1969 to 2003, according to court records.


Among other defenses, Exxon argued that Anderson’s claim was barred by the exclusive remedy provisions in New Jersey’s workers compensation law.


However, the appellate division of the Superior Court of New Jersey agreed with a trial court analysis that a “dual persona doctrine” applies when an employer undertakes “a completely separate and independent role with respect to the employee,” as was the case with Anderson’s non-occupational asbestos exposure. 


 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.

Posts navigation

Previous page Page 1 … Page 45 Page 46 Page 47 … 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