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Posted on May 5, 2020June 29, 2023

One state is encouraging employers to report AWOL employees to unemployment agency

technology; workplace communications; internal communications

Last week I asked how employers could encourage employees to return to work when unemployment benefits pay them more than their jobs.

One suggestion I offered was to hit employees with the stick of unemployment-benefit termination.

Employees who refuse return-to-work offers might be disqualified from collecting further unemployment benefits (unless their refusal is because of coronavirus), and you can advise employees that refuse a recall that you will be asking the state to terminate their benefits.

Late last week, the state of Ohio provided a clear reminder to employers of the validity of this threat.

According to cleveland.com, “The Ohio Department of Job and Family Services has set up a webpage – and sent emails to employers Friday night – telling them to report workers who don’t return so they can get reevaluated and potentially lose unemployment benefits.” That email says in part:

Ohio law prohibits individuals from receiving unemployment benefits if they refuse to accept offers of suitable work, or quit work, without good cause. …

If you have employees who refuse to return to work or quit work, it’s important that you let the Ohio Department of Job and Family Services (ODJFS) know so we can make accurate eligibility determinations.

Employers are then encouraged to visit https://secure.jfs.ohio.gov/covid-19-fraud/ to report their AWOL employees.

As for employees who refuse to return to work over safety concerns? ODJFS says that if a reasonable person would not feel safe returning to work to that employer, an AWOL employee still might qualify for benefits.

Non-essential businesses have begun to reopen in Ohio. Employers, you need to be 100 percent transparent about the steps you are taking and measures you are implementing to help keep your employees as safe as possible from contracting COVID-19 at work. Otherwise, you risk a mass exodus, and employees might opt for unemployment over the jobs you offer them.

Posted on May 4, 2020June 29, 2023

Labor compliance software sorts through complex legal issues

thanksgiving, soup

Labor compliance software is an innovative way to manage the overwhelming alphabet soup of laws, regulations and agencies that govern the workplace.

Labor compliance software; alphabet soupHR practitioners must recognize the regulatory distinctions of the FMLA and FLSA and navigate the nuances between the ADA and ADAAA. What are the latest regulations surrounding the ACA? Can a misstep with COBRA come back to bite them? And SOX … is that a professional baseball team or a law protecting corporate whistleblowers?

If assessing guidance from agencies including OSHA, DOL and EEOC wasn’t enough to cope with, labor compliance software is a must-have now as the coronavirus invades organizational policies. HR leaders and corporate counsel must quickly familiarize themselves and understand the implications of implementing workplace laws surrounding a new bowl of alphabet soup — PPP, FFCRA and the CARES Act.

 The value of labor compliance software

Maintaining corporate compliance with government regulations isn’t easy. Besides knowing what agencies actually do and how regulations affect employers, labor laws are dense, complex and confusing. A single unintentional compliance misstep by an organization can lead to a costly and time-consuming lawsuit with the potential to disrupt or even bankrupt a small, growing organization.

Compliance solutions allow organizations to avoid a trip to court and more easily comprehend constantly changing federal, state and local legislation. Employers can disseminate policies to employees, provide guidelines for regulatory enforcement and manage confidential documents all while saving money by easing time-consuming, onerous reporting rules.

Workforce management systems typically assist with traditional compliance issues while a specialized compliance solution takes employers beyond the basics and provides expert guidance on critical regulations. It can be like having a team of legal experts at your fingertips with minimal expense.

Labor compliance software also allows businesses to communicate company and legislative policies to their employees.

Key areas for compliance software

Regulatory software helps an HR department remain in compliance across all organizational departments. According to peer-to-peer software review site G2, there are business functions and the germane laws that can be undertaken by labor compliance software:

Benefits — Affordable Care Act (ACA); Consolidated Omnibus Budget Reconciliation Act (COBRA); Health Insurance Portability and Accountability Act (HIPAA); Genetic Information Nondiscrimination Act (GINA); Fair Labor Standards Act (FLSA); Family and Medical Leave Act (FMLA).

COVID-19-related policies — Coronavirus Aid, Relief, and Economic Security Act (CARES Act); Families First Coronavirus Response Act (FFCRA) and Payment Protection Program (PPP).

Labor and employment relations — Labor union updates (AFL-CIO, AFGE, SEIU, etc.); Department of Labor (DOL); Equal Employment Opportunity Commission (EEOC); National Labor Relations Board (NLRB); Office of Federal Contract Compliance Programs (OFCCP).

Payroll — Fair Labor Standards Act (FLSA); Federal Insurance Contributions Act (FICA); Federal Unemployment Tax Act (FUTA); Sarbanes-Oxley Act (SOX).

Risk — Employee safety is a top priority for all organizations. Compliance software can manage and track guidance and enforcement by the Occupational Safety and Health Administration (OSHA).

Companies needing compliance software

No organization is immune from U.S., state and local labor laws. True, regulations often vary depending on factors including employee count. A four-person mom-and-pop shop does not face the same labor compliance regulations as a multinational company.

Yet it is crucial that company policies remain up to date and comply with changes in legislation. Despite the expense a lawsuit can present, many smaller organizations are hesitant to call on legal resources simply based on costs. Those concerns can be streamlined by compliance software.

Small companies have difficulty keeping up with changes in compliance because they lack the manpower, and HR departments are already stretched thin or responsibilities are divided among employees as collateral duty. There is no point person to track and update compliance regulations.

Compliance is particularly crucial to navigating the maze of workplace issues. Municipalities and some states have instituted fair workweek policies in the past two years with more on the horizon.

In the wake of the #MeToo movement, mandatory sexual harassment prevention training is compulsory in six states. Compliance training, employee handbooks and more can be structured and simplified with a compliance solution.

Small and midsize organizations in particular have difficulty keeping up with HR compliance regulations as new legislation is continually introduced. When the HR team is small (or even just one person), their bandwidth quickly becomes strained.

Sorting through the alphabet soup of labor regulations can be an eye-glazing exercise for employers. Labor compliance software helps them to spell out attractive cost-savings, easy-to-use solutions and avoid unintentional noncompliance.

Posted on May 4, 2020June 29, 2023

Handling employee mental health issues in a world and workplace changed by coronavirus

employers mental health; Millennials and mental health

May is Mental Health Awareness Month, which is as good a time as any to bring up an issue that has been weighing heavily on my mind — the looming mental health crisis that our employees are facing and will continue to face in a world and workplace changed by coronavirus.

Coronavirus has altered all of our lives, and all employees are dealing with stress, anxiety, and isolation.

Social distance has robbed us of the human contact we need from our family and friends, and work-from-home of the connections with our co-workers.

Some have fallen ill with coronavirus. Most of us know someone who has. And sadly there are those of us who have dealt with the loss, unable to properly grieve because of social distancing rules.

We’ve all missed celebrating milestones such as graduations, birthdays and weddings.

Many of us have dealt with the stress of layoffs, furloughs, lost income or closed businesses, and the stress that flows from figuring out how to pay the bills and feed our families.

Parents are balancing the new job of homeschooling (or at least assistant homeschooling) their kids with the old job of their actual paying job.

We’ve all lived with the everyday stress of just stepping out into the world. The simple task of grocery shopping has transformed into a life-and-death game of six-foot distance, anti-bacterial wipes and face coverings. Even the simplest of daily tasks such as walking the dog has transformed into a game of social distancing chicken — who is going to move off the sidewalk first.

And when society starts to return to some semblance of normal, some of your employees will return to work with mental health issues of varying degrees caused by all of this stress, change and loss. Some will be dealing with the exacerbation of pre-existing mental health issues, and some will have what I am calling coronavirus PTSD.

The easy part is understanding that coronavirus has caused these mental health issues. The harder part is figuring out what we as employers can do and should do to help employees identify and manage these serious issues.

For starters, Ohio has created a free COVID Careline for people to talk to someone about their concerns. It’s available 24/7 at 1-800-720-9616.

Other than letting employees know about this state-provided resource, what else can employers do to help ensure that employees have the support and resources they need now and in the future? I have five suggestions.
1. Check the benefits available to your employees. Do you have an Employee Assistance Plan and are its mental health and counseling services are up to date? Are your health insurance plan’s mental health benefits easy to access and affordable?
2. Revisit paid-time-off policies and consider providing employees the time they need to take care of themselves and their families. And understand that everyone’s situation at home is different. Some only have themselves to worry about, while others have children to tend to during the workday. None of this is ideal, but for some, it’s less ideal than for others, depending on how much non-work responsibilities are on one’s plate.
3. Consider holding town hall or all-employee meetings that focus on mental health awareness. If senior leadership encourages education and communication around mental health issues, your employees will be more likely to access care if and when they need it.
4. Just because many are working remotely does not mean that employees have to be separated. You can use technology to foster togetherness and a sense of community. Virtual get-togethers, mindfulness breaks and online team-building events all help ease the sense of aloneness and isolation that many are feeling.

5. Small gestures of kindness can go a long way. An extra day paid day off, a gift certificate for takeout meals or grocery deliveries, or a surprise delivery of a midday snack can help employees feel appreciated and connected instead of overwhelmed and stressed.

A business is only as strong (or as weak) as its employees. Those that are considerate, flexible and kind will be in the best position to come out of this on the other side with as vibrant a workforce as possible.

Posted on April 26, 2020June 29, 2023

A coronavirus DOL settlement of a Families First Coronavirus Response Act case

employment law, labor law, overtime records

It did not take long for the Department of Labor to announce its first-ever settlement of a claimed violation of the Families First Coronavirus Response Act.

The DOL’s press release provides the details:

Bear Creek Electrical – an electrical company based in Tucson, Arizona – will pay one employee $1,600 for refusing to provide him sick leave under the newly passed Emergency Paid Sick Leave Act after health care providers ordered him to self-quarantine with potential coronavirus symptoms.
WHD investigators found that Bear Creek Electrical failed to pay the employee for what qualified as paid sick leave covering the hours he spent at home after the company received documentation of his doctor’s instructions to self-quarantine. The employer will pay the employee’s full wages of $20 an hour for 80 hours of leave.… Bear Creek Electrical also agreed to future compliance with the FFCRA, which went into effect on April 1, 2020.
“This case should serve as a signal to others that the U.S. Department of Labor is working to protect employee rights during the coronavirus pandemic,” said Wage and Hour District Director Eric Murray in Phoenix, Arizona.

You’ve been warned. If you are not providing your employees the paid coronavirus leave to which they are entitled, the DOL is watching.

Posted on April 22, 2020June 29, 2023

I was (mostly) correct on the intersection between employer-provided paid leave and leave under the FFCRA

essential workers; workers' compensation, mask

Last week I took a stab at making sense of the messy and unclear rules surrounding the substitution of employer-provided leave (which, for the sake of simplicity, I’ll refer to as (“PTO”) for paid sick leave (“EPSL”) and expanded Family and Medical Leave (“EFMLA”) under the Families First Coronavirus Response Act.

I was (mostly) correct.

Also read: How to calculate PTO versus traditional sick leave and vacation policies

On April 21, the Department of Labor published its 5th set of FAQs discussing the FFCRA. Question 86 squarely addresses and clarifies the intersection between employer-provided paid leave and leave under the FFCRA.

1. An employer may not require that PTO run concurrently with—that is, cover the same hours as—EPSL.
2a. An employer may require that PTO run concurrently with the paid weeks of EFMLA. PTO that runs concurrently with EFMLA will enable the employee to receive 100 percent of his or her daily pay plus the EMFLA benefit (two-thirds of her or her regular rate of pay, capped at $200 per day and $10,000 in total). Note, however, that the FFCRA’s payroll tax credit only reimburses the employer for the paid leave provided under the Act, not for any concurrent PTO applied. Once an employee exhausts all available PTO, EFMLA is continued to be paid out of the statutory two-thirds rate.
2b. Alternatively, an employer and employee may agree to top off the two-thirds EFMLA pay to an amount equal to 100 percent of the employee’s regular pay. Again, the FFCRA’s payroll tax credit only reimburses the employer for the paid leave provided under the Act.
3. An employee may elect—but an employer may not require the employee—to take EPSL or PTO (but not both) during the first two weeks of unpaid EFMLA.

Crystal clear, right?

Posted on April 22, 2020June 29, 2023

Time off policies promote convenience while enhancing engagement

Some 768 million days of paid time went unused by American workers in 2018. That time amounted to about $65 billion in value.

While those statistics point to an American workforce that is overworked, it also presents an underlying problem many workers face: an organization’s time off policies that are poorly communicated, too complicated and overly cumbersome.

That could lead to employees shirking the system, which frustrates managers and angers payroll staff. Simplifying time off policies helps employers to more easily track their workforce’s vacation and sick time while allowing employees to take off the time they have earned.

Considering that some payroll systems are stuck in decades-old processes, an upgrade may sound easier said than done. But that’s not the case.

Even if a time off policy is locked in a paper-based 1980s time warp that’s as scary as Michael Jackson’s “Thriller,” employers can channel their “Old Town Road” and easily upgrade to a fresh, comprehensive 2020s system that promotes modern sensibilities through ease of use.

Here are four ways a tech upgrade can strengthen your organization’s PTO policy:

  1. Simply simplify.

With a simplified time-off system, employees are more likely to take the time off they have earned and deserve. That leads to happier employees, which in turn leads to higher productivity. An updated time off policy includes features allowing employees to submit time off requests from any device at any time, making it a convenience rather than a cumbersome process. 

  1. Communicate your time-off policy capabilities.

Employees can be intimidated to take time off for whatever reason. And if they don’t know that their employer has upgraded to an employee-friendly, mobile-enabled time-off system they are less likely to request earned PTO. It’s clear that a rested employee is more productive. Your enhanced time off system also should provide an easy and effective way to communicate anything from a newly opened shift to a company’s time off policies.

  1. Paperwork is a relic of the past.

 A time off system that relies on technology rather than file folders and cold steel cabinets is not only a nod to a more mobile workforce but to the younger demographics of today’s working population. A mobile-friendly time off policy makes it easy to manage PTO requests and sends the message that you’re encouraging employees — especially millennials and Generation Z — that they should use their time.

  1. Build a more productive, trusting workforce.

By encouraging employees to take their time off, rather than obfuscating it through some dim, impermeable system, employers can enhance engagement, promote transparency and build trust. Such employee engagement tactics lead to a more positive work environment. Streamlining the PTO process makes it easier for employees to use their paid time off and leads to a more productive workforce.

An engaged, rested workforce leads to a more harmonious and productive workforce. A mobile-friendly leave management system also allows employees to better plan for their time-off needs, switch schedules and communicate with one another. Workforce.com’s intuitive leave management provides seamless operations and provides tie-ins to scheduling and payroll.

Posted on April 13, 2020June 29, 2023

Making sense of substituting employer-provided leave for EPSL and EFMLA under the FFCRA

employment law, labor law, overtime records

One of the more confounding sets of rules under the Families First Coronavirus Response Act is when employers can require employees to substitute an employer’s own provided leave (which, for the sake of convenience I’ll refer to throughout as “PTO”) for paid leave — the 80 hours of paid sick leave (“EPSL”) or the 12 weeks of expanded family and medical leave (“EFMLA”) — mandated by the Families First Coronavirus Response Act.

I am going to make an attempt to explain these rules, but I’ll fully admit that it’s still not 100 percent clear to me. The text of the FFCRA seems to suggest that an employer can never require the substitution of PTO.

Also read: The DOL’s Families First Coronavirus Response Act regulations contain some big changes

The DOL’s proposed regulations, however, muddy the waters, which were muddied even further by an amendment to those proposed regulations published last Friday, which deleted language from the regulations’ explanatory discussion relating to the substitution of PTO for EFMLA.

So let’s try to sort it all out.

1. An employer can never require an employee to substitute PTO for EPSL. The employee can elect that substitution, but it can never be forced by the employer.

2. If an employee is taking leave to care for a son or daughter whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons, the employee qualifies for both EPSL and EFMLA. It is the employee’s sole choice whether to use EPSL during the initial two unpaid weeks of EFMLA (for which both types of leave will run concurrently), or save the EPSL for later use for another qualifying reason (or, I suppose, tack it on after the expiration of the FMLA leave). An employer cannot force an employee to use EPSL during those initial two unpaid weeks of EFMLA.

3. Here’s where it gets tricky. When can an employer require an employee to use PTO during EFMLA? Section 826.23(c) of the regulations is the key provision.

Section 2612(d)(2)(A) of the FMLA shall be applied, provided however, that the Eligible Employee may elect, and the Employer may require the Eligible Employee, to use only leave that would be available to the Eligible Employee for the purpose set forth in § 826.20(b) under the Employer’s existing policies, such as personal leave or paid time off. Any leave that an Eligible Employee elects to use or that an Employer requires the Eligible Employee to use would run concurrently with Expanded Family and Medical Leave taken under this section.

(Section 2612(d)(2)(A) of the FMLA permits an employer to require the substitution of PTO for FMLA leave.)

Also read: Coronavirus update: The mechanics of the tax credit for paid family and sick leave under FFCRA

What does this all mean? It means that an employer can require an employee to use available PTO during the unpaid portion of an EFMLA school closure of loss-of-child care coronavirus-related leave. If an employer so requires, the PTO runs concurrently with the EFMLA allotment.

4. An employer and employee can agree to “top-off” EPSL or EFMLA (that is, true up the employee’s pay through the substitution of PTO so that the employee earns his or her full pay). But the employer cannot require it.

All clear, correct? Or clear as mud?

Disagree with my interpretation? Drop a comment below and let’s try to figure it out together.

Posted on April 9, 2020June 29, 2023

Consumerization of benefits appeals to the on-demand workforce

on-demand workforce, benefits, freelancers, collaboration, communication

There is a growing inequality in today’s labor market that is creating a two-tier workforce between a company’s employees and its contingent workforce when it comes to employee benefits.

Some would add contingent workers are being treated akin to second-class workers without access to benefits in contrast to the extensive, high-quality benefits afforded to full-time employees, although they perform the same tasks, according to John H. Chuang, CEO of Boston-based staffing company Aquent.

“That doesn’t mean an HR director wants to eliminate variable pay or a contingent worker,” he said. “There are obviously jobs where you’re going to hire someone for only a year. It’s OK to have a contractor and an employee work together. A flexible workforce is necessary to help American companies maintain their competitive edge.”

on-demand workforce, benefits, freelancers, collaboration, communicationFor Chuang’s company, that means offering benefits to contingent workers.

Also read: 5 ways to inspire employee engagement today

It’s part of the changing consumerization of the workforce, which is leading employers to consider transitioning from a one size fits all approach to wages and benefits toward a model that aligns with employees’ diverse needs.

A Shifting Workforce

Driving this change of dynamics in the American workplace is a generational shift, an increasing interest in gig and remote work and new legislation establishing different employee classification metrics.

Consumerization refers to those in the workforce — more than half of whom are now millennials — who seek an employment experience that empowers them to make at least some of their own choices about tasks and goals, thus bringing a customer-like mentality to the workplace.

“They shop around almost like they’re buying a cell phone,” said Cowden Associates President and CEO Elliot Dinkin, whose company provides actuarial, compensation and employee benefits.

“As individuals and consumers, we’re used to setting our own goals and managing our own tasks, rapidly adopting the apps and tools that enable us to achieve what’s important to us, with ease,” said John T. Anderson, CEO of Smartway2, which provides workplace scheduling solutions for enterprises.

“Rather than putting up barriers that hamper autonomy and rapid adoption of new technology, organizations are now firmly focused on offering a seamless, consumerized employee experience so they can reap the benefits of increased productivity, collaboration and innovation.

“The 2020s will be the decade of autonomy at work and the mainstream adoption of tools that enable us to craft our own unique workplace experience,” he said. “These tools will rival consumer applications in ease of use and ability to sculpt human behavior.”

People Are People, Not “Resources”

Joseph Quan, co-founder and CEO of Twine Labs, which helps integrate HR data to deliver analytics and visualizations for CEOs and HR leaders, labeled consumerization as a fancy way of saying that every company will take a much more humanistic approach with every individual it interacts with.

on-demand workforce and benefits“That applies to customers, partners, investors, candidates, and employees,” Quan said.

Also read: Give your on-demand workforce an arm’s-length embrace

“Forward-thinking companies are shedding the notion that people are just ‘resources’ or ‘capital’ — implicit in the terms HR/human capital — and that attitudinal shift is reflected downstream in the recent mania around candidate experience.” 

Companies can position themselves by building a unique brand based on its distinctive cultural values and over-invest in candidate care and experience, said Quan.

“For us, that means sharing an incredible amount of internal data and communications with candidates before they even join the company,” he said.

Rather than imposing innovation from above, studies show employers should use surveys and group discussions to explore employees’ feelings about new technologies and elicit their help and suggestions through managerial collaboration for successful implementation, said Dinkin.

Dinkin, whose own workforce has mostly full-time and some part-time employees ranging in age from 20s to 60s, said each generation has different priorities regarding pay, benefits, time off, retirement, tuition reimbursement and other factors.

As the employee moves through the company, they can migrate to other packages based on their needs, Dinkin said.

Also read: Here are 4 must-know trends in gig hiring

For example, a 24-year-old college graduate may not be thinking about retirement and may prefer to remain on a parent’s health insurance plan until they are 26 years old rather than obtain insurance through work, Dinkin said.

Some employees may want the option to pass on benefits and make as much money as they can, he said. Another employee may prefer more paid time off because they want to attend their child’s school or sports events or must care for an aging parent.

The Value of Benefits for On-demand Workers

In order for employers to set themselves up as employers of choice in a consumerization environment, Dinkin urges employers to be aware of these developments and consider enabling employees to design a package that fits company operations, is cost-effective and offers choices more aligned with individual career goals, life stages and ranking within the company.

Dinkin cites a recent Deloitte study of millennials in which 49 percent said they would leave their current job inside of two years while about 25 percent actually have done so.

“They’re a product of their education where they’re told the best way to get ahead is to change jobs,” said Dinkin. “They lack information as to what are actually their opportunities.”

It’s best to sit down with an employee and show them how their career ladders can intersect with a wage structure and show them the requirements necessary to move from an entry level position into a higher level and what they will make, he said.

Consumerization extends beyond a full-time employee to contingent and gig employees.

In hiring gig workers, an employer may be trying to save payroll taxes and some benefit costs, said Dinkin.

“Why wouldn’t I create benefit plans for those individuals?” he said. “Don’t I want to make them stick to my company?”

For example, they could be offered a health reimbursement account. “Let this class of employees go out and get medical coverage and reimburse them for a certain amount,” said Dinkin.

Aquent is a talent services company providing marketing and creative talent, managed services, extended workforce benefits, project management and professional development. In 1993 Aquent became the first staffing company to offer full comprehensive benefits to its temporary employees.

Its newly launched service, Square Deal, enables companies to offer equal benefits to their contingent workforce efficiently and at scale.

Aquent’s Square Deal offering includes benefits, policies and eligibility designed for variable work: full- and part-time and long- and short-term assignments that are on par with internal employee coverage.

Its benefits package combines health and dental insurance with accident, critical illness and hospital indemnity insurance; a wellness program; 401(k) or Roth IRA plans; flexible spending accounts for health care, dependent care, parking and transit; an identity protection plan; an employee discount program, and career development and online skills training.

The best and most productive talent has many options and seeks a reason to work for a company through consumerization, said Chuang.

Benefits provide that reason, he said.

“If you have a yearlong project where someone leaves at the six-month point, you don’t have time to hire,” he said. “It’s devastating. If there is no commitment to the employee, there’s no commitment for the employee back to the company.

“By giving benefits — especially since it’s so unique and different among contractors — they really value it. We found that offering a strong benefits package typically increases retention by more than 20 percent.”

Nick Patel is founder and CEO of Wellable, which offers customizable wellness solutions enabling employers to run an engagement program through wellness apps and wearable devices that includes gamification, rewards and incentives. Additionally, it provides education and consulting services on how to set up an office environment to promote wellness.

Such programs may be subject to failure, however, if employees are not keen on their employer being closely affiliated with their health, said Patel.

“It’s creating a culture about educating and letting employees know why the company is doing it,” he said.

The primary benefit to the employer in embracing consumerization is that it cuts down on the high cost of turnover with respect to recruiting, hiring and training, said Dinkin.

“If you’re in a client service business, people are leaving your accounts or if you’re an experienced person on an operating line and you’re leaving, it costs the company so much. Some of it can be measured and some of it can’t,” he said.

Another factor in becoming an employer of choice is that it affords a company to be more diligent in the way it supervises, manages and rates employees, said Dinkin.

“All of this attention to training, development, giving people multiple chances, and looking the other way because it’s so hard to find good people … what does that do to my culture? Is that the best way to run my business?

“You’ll just have a bunch of mediocre people slow down your company because the good people leave anyway. They don’t like that culture if they know you’re keeping around somebody who’s mediocre.”

When it comes to how consumerization benefits companies, Patel said that while return on investment was “strictly defined by the fact that if I invest this many dollars to try a wellness program, I should expect first to make dollars in health care savings,” said Patel.

Also read: Why companies should rethink their approach to freelancers

“We see the industry transition to this trend called value on investment, which is what we ascribe to,” he added.

Value on investment can be difficult to measure and will vary with each company, he added.

“It’s taken to other considerations beyond health care expenses,” said Patel. “Employees may be more productive, for example. Studies have identified millennials as buyers of more wellness benefits. It’s bringing those kinds of broader benefits to help their well-being in terms of determining the value on investment.”

That may help attract and retain talent, he said.

The consumer-in-the-workplace mentality can help raise employee engagement and smooth a path to ROI, but is a double-edged sword, said Dinkin.

The same dynamic found in retail — in which the customer experience is important in gaining an advantage and poor customer service leads to people not returning to the store — also is found in the workplace, said Dinkin.

Dinkin said the economic constraints such as a projected 6 percent increase in employer-based health care costs in 2020 makes it difficult for most employers to offer a significantly competitive advantage in terms of salary and benefits.

The differentiating factor is being a valued supplier to consumerized employees, making them feel they have a stake in the company’s success. 

That will pay off in loyalty, retention, corporate agility and profit, he said.

Posted on April 6, 2020April 6, 2020

Coronavirus Update: We CARES about unemployment

COVID-19, coronavirus, mask

The past two weeks have seen a record 10 million new unemployment claims. This number does not even include many of the millions more who have had their hours or wages cut as businesses continue to struggle with the realities of operating in a world turned upside down by coronavirus. Sadly, we should expect this situation to get a lot worse before it starts to get better.

Thankfully for each worker unemployed or underemployed as a result of coronavirus, the CARES Act provides significant financial relief. It contains the following seven unemployment expansion and enhancement provisions.

1. Pandemic Unemployment Compensation (FPUC) — This program provides funding for an additional $600 per week in unemployment benefits through July 31, 2020, for any individual who becomes unemployed, partially unemployed, or unable or unavailable to work or telework because of any of the following coronavirus related reasons:

    • The individual has been diagnosed with coronavirus or is experiencing symptoms of coronavirus and seeking a medical diagnosis.
    • A member of the individual’s household has been diagnosed with coronavirus.
    • The individual is providing care for a family member or a member of the individual’s household who has been diagnosed with coronavirus.
    • A child or other person in the household for which the individual has primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the coronavirus public health emergency and such school or facility care is required for the individual to work.
    • the individual is unable to reach the place of employment because of a quarantine imposed as a direct result of the coronavirus public health emergency.
    • The individual is unable to reach the place of employment because the individual has been advised by a health care provider to self-quarantine due to concerns related to coronavirus.
    • The individual was scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of the coronavirus public health emergency.
    • The individual has become the breadwinner or major support for a household because the head of the household has died as a direct result of coronavirus.
    • The individual has to quit his or her job as a direct result of coronavirus (which one could interpret as covering employees who quit out of fear of contracting coronavirus).
    • The individual’s place of employment is closed as a direct result of the coronavirus public health emergency.

Additionally, this program contains a non-reduction rule, which prohibits states from changing how they compute regular unemployment benefits to reduce the average weekly benefit amounts or the number of weeks of benefits payable to impacted employees.

In Ohio, this means that a minimum wage employee with no dependents would see his weekly unemployment benefit increase from $171 to $771 (an annualized salary of $40,092), and an employee with three dependents maxed out on unemployment would see his weekly benefit increase from $647 to $1,247 (an annualized salary of $64,884).

Because of this substantial increase, I am worried that many employees will decide that they are better off (either financially or for health-related reasons) quitting their jobs and collecting unemployment, leaving essential employers with huge labor gaps to fill to maintain basis minimum operations. For this reason, essential employers should be communicating with their employees on a daily basis about all of the steps they are doing to ensure, as best as possible their employees’ health and safety.

2. Pandemic Unemployment Assistance (PUA) — This program provides unemployment compensation through December 31, 2020, for individuals who are self-employed, seeking part-time employment, or who otherwise would not qualify for regular unemployment benefits because of one of the above-listed coronavirus related reasons.

3. Emergency unemployment relief for governmental entities and non-profit organizations — This program provides federal reimbursement of state unemployment payments made to governmental entities and non-profit organizations through December 31, 2020, regardless of whether the unemployment claim is related to coronavirus.

4. Temporary full federal funding of the first week of compensable regular unemployment for states with no waiting week — Through December 31, 2020, states that waive any waiting periods and provide unemployment benefits to applicants during their first week of unemployment will receive 100 percent federal funding for benefits paid during that initial week.

5. Emergency state staffing flexibility — States as provided flexibility through December 31, 2020, to modify their unemployment compensation laws and policies with respect to work-search requirements, waiting weeks, good cause standards, and employer experience rating. Ohio, for example, has eliminated its work-search requirement and waiting periods, and is not counting coronavirus related unemployment claims against an employer’s experience rating.

6. Pandemic Emergency Unemployment Compensation (PEUC) — This program provides up to 13 weeks of additional unemployment benefits through December 31, 2020, for individuals who have exhausted all rights to regular unemployment compensation under state or federal law or have no rights to regular unemployment compensation under any other state or federal law. The law requires individuals seeking PEUC benefits to be able to work, available for work, and actively seeking work. States, however, are required to offer flexibility in meeting the “actively seeking work” requirement for individuals unable to search for work because of coronavirus, including illness, quarantine, or movement restrictions.

7. Temporary financing, agreements, and grants for Short-Time Compensation (STC) — This program provides pro-rated unemployment benefits for up to 26 weeks through December 31, 2020, to employees who have had their hours reduced in lieu of layoff.

Posted on April 1, 2020June 29, 2023

Coronavirus update: The mechanics of the tax credit for paid family and sick leave under FFCRA

employment law, labor law, overtime records

One of the questions I have received the most since the passage of the Families First Coronavirus Response Act is how employers claim the tax credit available under the Act for paid leave provided to employees.

Late on March 31, the IRS published a detailed list of FAQs explaining all of the mechanics of this tax credit. I want to focus on the key employment law piece of these FAQ, how an employer should substantiate its eligibility for tax credits, i.e., the documentation you need to keep.

The IRS discusses this important issue in Questions 44–46. I’ll break it all down for you here.
What information should an “Eligible Employer” (a business with fewer than 500 employees) receive from an employee to substantiate eligibility for the sick leave or family leave tax credits?
 
The IRS says that an employee’s leave request must be in writing and must include:
  1. The employee’s name;
  2. The date(s) for which leave is requested;
  3. A statement of the coronavirus related reason the employee is requesting leave and written support for such reason; and
  4. A statement that the employee is unable to work, including by telework, for such reason.

Also read: A Q&A and the DOL’s FFCRA notice

Additionally, for a leave request based on a quarantine order or self-quarantine advice (the employee’s or someone else’s for whom the employee is providing care), the employee’s statement should include the name of the governmental entity ordering quarantine or the name of the health care professional advising self-quarantine, and, if the person subject to quarantine or advised to self-quarantine is not the employee, that person’s name and relation to the employee.

For a leave request based on a school closing or child care provider unavailability, the statement from the employee should include:

  1. The name and age of the child (or children) to be cared for;
  2. The name of the school that has closed or place of care that is unavailable; and
  3. A representation that no other person will be providing care for the child during the period for which the employee is receiving family medical leave.
Also, note that there is a cut-off age at age 13 for care during daylight hours. An employee unable to work or telework during daylight hours because of a need to care for a child age 14 and older must also provide a statement that special circumstances exist requiring the employee to provide care.
Additionally, for all paid leave under the FFCRA for which an employer claims a tax credit, the employer must also provide:
  1. Documentation to show how the employer determined the amount of qualified sick and family leave wages paid to employees that are eligible for the credit, including records of work, telework and qualified sick leave and qualified family leave.
  2. Documentation to show how the employer determined the amount of qualified health plan expenses that the employer allocated to wages.
  3. Copies of any completed Forms 7200, Advance of Employer Credits Due To COVID-19, that the employer submitted to the IRS.
  4. Copies of the completed Forms 941, Employer’s Quarterly Federal Tax Return, that the employer submitted to the IRS (or, for employers that use third party payers to meet their employment tax obligations, records of information provided to the third party payer regarding the employer’s entitlement to the credit claimed on Form 941).

Employers must keep these records for at least four years after the date the tax becomes due or is paid, whichever comes later, and should be available for IRS review.

I encourage all employers to have a conversation with their accountant and/or tax lawyer before filing your next quarterly payroll taxes to make sure you are claiming this exemption correctly.

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