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Posted on March 11, 2019June 29, 2023

The 4 Myths of Health Care Cost Reduction

health care costs

Employers are doing everything they can to curb health care costs.

Sure, and if you believe that you may also believe in unicorns, the Loch Ness monster and Bigfoot roaming the Pacific Northwest.

Cutting health care costs is the elusive white whale for many businesses. Employers indeed may be putting forth a good faith effort to cut their health spend but oftentimes the results just aren’t there. It’s like the arcade game of whack-a-mole — try one new fad and miss, and another pops up followed by the same result.

In the meantime, health care costs have soared. In 1999, the average annual premium (both employer and employee contributions included) was $2,196 for an individual and $5,791 for a family, compared to $6,896 and $19,616, respectively, in 2018, according to the Kaiser Family Foundation 2018 “Employer Health Benefits Survey.”

health care costs myths
What are the myths of health care costs?

Among the myriad solutions employers try, there are overriding myths about cutting costs that don’t save money, provide a nonexistent ROI or are just plain ineffective.

We’ve asked several leading health care experts to offer their thoughts on what we’ve determined are four prevailing myths to cutting employer health expenses. There are others, but this is a good start at peeking behind the wizard’s curtain.

MYTH 1: LOWER PRICES! SAVE MONEY!

A big misconception in cutting health care costs is that employer expenditures rely on addressing what costs the most, said Jaja Okigwe, president and CEO of First Choice Health, a Seattle-based national health provider network. In fact, sometimes cost control doesn’t rely on addressing employee benefits at all. There’s a link between health costs and environmental factors like how employees are treated and how they think about their job, he said.

“Those things carry over into the potential for more serious illness. And there aren’t very many companies who have an easy time at getting at that,” Okigwe said.

There are some companies that have acknowledged the direct relationship between environmental factors and health and done something about it. It’s a positive step when employers decide that “we’re going to do things that create an environment that allows our employees to be their healthiest and most productive, and that’s going to spill over into our health care cost,” Okigwe said.

health care costsUtilization of Health Care Services

Health Advocate’s Arthur “Abbie” Leibowitz, chief medical officer, founder and president emeritus at the national health advocacy, patient advocacy and assistance company, also believes that companies can’t control costs by controlling price. Rather, health care costs are driven by utilization.

This brings up a different problem for employers: Motivating employees to use the health care system effectively and efficiently.

One thing that employers can do is help employees connect with trusted medical professionals and offer a path for employees to foster a consistent patient-doctor relationship, Leibowitz said.

This does not necessarily mean that employers should encourage employees to see the doctor for a physical every year, he added. In fact, that can be a fallacy because there’s little reason for the average person to see a doctor annually. “The likelihood of discovering a problem you didn’t know about at a visit like that is so low that it makes it almost [impossible],” he said. Instead, employers can promote getting in touch with one’s doctor when the employee actually needs help.

Promoting the idea that it is good for patients to connect with a trusted physician is smart because many plan designs now don’t require a patient to choose a primary care physician, Leibowitz said. When HMOs were more popular, a patient initially needed to select a primary care doctor in order to access the health system, but fewer models require that now.

“So, in that regard, employers can encourage people to select a doctor even though their plan design may not require it,” he said.

“It’s the attitude — people call it a culture of health — that the employer creates within the work environment that is the best trigger to getting people plugged into a physician relationship that will come in to pay dividends if not immediately then down the road,” he added.

Okigwe offered suggestions to establish a culture of health other than promoting the doctor-patient relationship. For one, companies can have regular walking meetings, since research shows 30 to 40 minutes of walking a day changes one’s risk of heart disease over time.

“Yet sometimes employers don’t think that’s really their job,” he said. Rather, their focus is on the bottom line and employee productivity. But small investments in making the workplace healthier to work in can pay off. 

Long-Term vs. Short-Term Costs

It’s hard for most employers to think long term with health care costs, Okigwe said. “I do think the vast majority are looking at the annual spend and trying to figure out how to reduce it in one year, and that’s just very difficult.”

But thinking long term is something that could help with health care costs. Employers and employees alike may have to pay short-term expenses in order not to have the shock of major medical expenses in upcoming years. “In general, we tend to think of any spend as being bad,” Okigwe said, but that’s not an accurate way to view health care costs.

It’s almost as if employers believe employees want to spend money on health care, he said, while in some cases what causes costs to skyrocket is that they don’t want to. There needs to be some sort of balance on spending a little bit on the care and activities that deter crises from happening down the line.

Employee cost concerns aren’t necessarily founded in reality in some cases, according to Leslie Michelson, chairman and CEO of Private Health Management and author of “The Patient’s Playbook,” a book about how to become an effective health care consumer. 

“People are always concerned that the best care is the most expensive care, and that’s just not true,” he said.  “In the rest of our economy there’s a pretty tight coupling between cost and quality. In health care there isn’t.”

About 80 percent of the U.S. population lives within an hour’s drive of at least one large city where there is at least one major medical academic center. Virtually all of these centers are in-network for most carriers. Patients could access specialists on complex conditions here, and care at these facilities is likely to cost less than going to an out-of-network provider.

Michelson’s organization works with patients who have medical problems and identifies for these patients the most advanced doctors with promising and cost-effective interventions.

“If you want to address the cost bar, what you need to do is sweep in a supportive way to help people who are going to become expensive cases, identify the top experts for their care, educate them about the treatment options available, and provide a coordinated, integrated support system to channel them to the best doctors and to ensure they’re getting the care they need,” he said.

The key to controlling health care costs is addressing this small subset of patients with the most expensive cases, he said. Ten percent of patients represent 65 percent of health care costs, and 1 percent represent 25 percent, he said.

“If you aren’t doing something that meaningfully addresses that very small portion of the cases, you’re not going to have a significant impact on the costs,” he said.

Bad Incentives

One health care myth related to costs is that quality and prices aren’t improving because of cheaters in the system, according to Rob Andrews, CEO of the Health Transformation Alliance, a nonprofit group made up of 47 companies whose goal is to fundamentally transform the corporate health care benefits marketplace.

Of course, he said, there are some in the health care system who have committed wrongdoings, but they are rare.

“The problem isn’t that insurance companies are bad, or that drug manufacturers are bad, or that hospital systems are bad or that government regulations are bad. Some of all that is true. But the main problem is that incentives are bad,” Andrews said.

Over the past 60 years or so, he said, a system has been built where incentives aren’t aligned with what’s best for people’s health, giving the example of two hypothetical practices. If there are two radiology practices — one that does 1,000 images a week and produces wrong results 5 percent of the time, and the other that does 500 images a week and only gets incorrect results 1 percent of the time — the first practice would make more money under Medicare. That’s because Medicare rewards are based on the number of procedures done, not how well they’re doing.

Not to say that medical practices or insurers are incompetent, he said. This problem exists because the incentives aren’t aligned correctly in the health care system.

“What we aim to do in the HTA is align the $27 billion a year our members spend on health care with value.” Andrews said. “We want to identify and reward the producers who produce the best value.”

“We chase the shiny object — the price — but we need to be focused on the real issue of value,” he added.

 

MYTH 2: WELLNESS WORKS

Creating a successful wellness program isn’t as simple as offering one and watching the savings roll in, said Gary Kushner, president and CEO of benefits consultancy Kushner & Co.

Workplace wellness programs have gone through numerous iterations in the past several decades. While there have been health-related work programs dating back to the 1920s, it wasn’t until the 1980s and ’90s that wellness programs took off on a much larger scale. The first iteration of this more recent workplace wellness boom is what Kushner called “An Apple a Day” wellness. If an employee eats right and exercises, health care costs will drop. This was not successful, Kushner said.

The second iteration took the original idea a step further, with organizations subsidizing health club memberships and contracting with nutritionists to show employees how to prepare healthy meals. This also didn’t work to reduce costs because the types of employees taking advantage of these subsidies were the ones who already worked out regularly and had healthy lifestyles, Kushner said. The habits of employees who didn’t go to the gym remained the same.

The third iteration of wellness features employers who target their own workforce based on the health needs of that specific population. An employer with a large population of employees with type 2 diabetes may track things diabetics should be doing — like A1C testing and eye exams — through their health plan and encourage at-risk employees to get appropriate testing done.

This type of program, which is more altruistic in nature, has slightly better results. Still, “Every CFO I’ve talked to with these employers keeps coming back to wanting to see savings in the health plan. And they’re having trouble quantifying those. They’re not seeing the difference,” Kushner said.

Where Art Thou, ROI?

Investing in employee wellness is a good thing, but it’s not a short-term policy, said David Henka, president and CEO of ActiveRadar, a health care analytics and patient education company based in Gold River, California.health care costs

Although there’s value in wellness programs, he said, that value is not a financial return on investment. Wellness companies often cite huge ROIs for their programs. But academic research reveals that wellness programs do little to reduce health care costs.

A University of Illinois at Urbana-Champaign study published in June 2018 found that workplace wellness programs don’t change employee behavior much or save money on health care costs. Similarly, a University of Pittsburgh clinical trial whose results were published in JAMA in 2016 found that the use of monitoring devices and wearables — often a hallmark of corporate weight loss programs — may have no advantage over traditional weight loss strategies.

“As an employer, if you go into the wellness space thinking you’re going to get an ROI, then you’re going to be greatly disappointed,” Henka said. “But if you go into it by saying it’s the right thing to do for my employees because I want them to maintain healthier habits or lifestyles, then I think you’re tracking along the right frame of mind.”

The realistic value of wellness is more cultural, he said. Wellness companies claiming big returns are not accurate, but it is the right thing for employers to do. It lets employees know that the company values them, he said.

Many employers are not holding wellness providers accountable for the results of their programs, said Cheryl Larson, president and CEO of Midwest Business Group on Health. There are reliable wellness programs on the market, but unfortunately the average employer only pays attention to what the vendor tells them, Larson said.

Employers need to know the right questions to ask wellness vendors and the best way to research their options. Simply asking fellow employers about their programs is one way to conduct research.

Another way to improve vendor services is only agreeing to terms that suit both parties, Larson said.

“I would say if you ask [the vendor] for things, and they say, ‘We’re not going to do that’ — and you’re being fair, you’re doing industry standards, yet they still won’t do it — maybe that’s not the right vendor for you,” Larson said.

Henka suggested providing flu shots as a clear way to show ROI since the flu accounts for lost productivity and absenteeism in the workplace. As last year’s flu season showed, it can be deadly. According to the Centers for Disease Control and Prevention, 80,000 Americans died of the flu and its complications in the winter of 2017-18.

Wellness Done Right

First Choice Health’s Jaja Okigwe addressed potential issues with health screenings — a common component of wellness programs.

One staple of preventive care is annual health screenings and checkups. But the younger a person is, the less likely they are to need regular screenings, according to Okigwe. It’s not until they get older that they need annual screenings.

“It’s a big production to take off time from work and do your screenings,” he said, especially if a patient also has to do something additional like fast for a certain amount of time before the screening. “From a person’s [point of view], there’s a barrier to do it, and then in the end you get this set of information that you probably already knew.”

Companies such as Chicago-based Visibly and Tel Aviv-based 6over6 Vision allow people to get an eye exam using the camera in their phone. The process only takes about 15 minutes, and with results that are 95 to 98 percent as effective as the results they’d get at the optometrist’s office, it’s beneficial for employees who simply need a new prescription for glasses, Okigwe said. While a virtual test can’t diagnose glaucoma, it has a clear benefit for a specific need. A patient who doesn’t need a glaucoma test won’t need to take an hour out of their day to see an optometrist.

“I’m at the age where I wear two pairs of glasses. And sometimes when I’m in that in-between zone I get headaches. Updating the prescription becomes very important and allows me to be more productive,” Okigwe said.

 

MYTH 3: THE CONSUMER RUMOR

Employers often turn to the consumer-directed health care plan — commonly referred to as a high-deductible health plan — in part to make their employees smarter health care shoppers.

These organizations have a lofty goal when they seek to turn employees into sophisticated health care consumers. Although the goal itself is admirable, the reality is that the health care delivery system is too complex and patients don’t touch it with enough frequency, said Brian Marcotte, president and CEO of the National Business Group of Health.health care costs

An employer might have a comprehensive program that gives employees treatment options and resources when they face a surgical decision. But that may be a decision a person has to make once a year or lifetime. “It ends up being a resource that’s out of sight, out of mind,” Marcotte said.

The idea that giving employees more resources and price transparency information would make them more sophisticated consumers did not pan out like employers thought it would, he added. Employers started rolling out HDHPs in the early 2000s and ramped up the strategy when the Affordable Care Act was passed with the Cadillac tax provision. Since health care is generally not part of most people’s regular spending routine like grocery shopping, organizations need to find a way to fit it into employees’ everyday lives.

The Growth of Virtual Solutions

One way organizations are trying to make health care more a part of employees’ routines is through virtual solutions. While people today can find basically any product or service on demand, what is lacking in health care is the ability to get on-demand service, Marcotte said.

The promise of virtual solutions is that they open up avenues to access, convenience and quicker response times from medical professionals.

Virtual care covers a lot of bases including chronic disease management for conditions like diabetes, lifestyle coaching and virtual second opinion services.

However, virtual care can create complicated issues when a patient has to rely on an outside care team rather than the primary care physician with whom they might already have a strong relationship. “The challenge for all these virtual solutions as well is, ‘How do I integrate them back into care and get it within the delivery system itself?’ ” Marcotte said.

Barriers to Health Care Navigation

One reason for the “rampant confusion on how these plans work” — which unfortunately sometimes leads to employees avoiding care — is that “the industry has never done a good job teaching people how to shop for coverage,” said Kim Buckey, a health compliance expert and vice president of client services with benefits compliance company DirectPath.

A person can’t be a good consumer if they don’t know the prices of services, and there’s no easy-to-read or readily available price list, said Buckey’s colleague, Bridget Lipezker, senior vice president and general manager of advocacy and transparency at DirectPath. She referenced what she called the “myth of transparency.” 

“The lack of control the consumer has over what they’re paying for something, or even understanding what they’re paying for and what their level of responsibility is — to me, consumerism becomes a myth because of the that. Because you don’t have choice,” Lipezker said.

Another barrier to employees is time.

Patients can call their doctor and ask for options and prices, Lipezker said, but finding this information is a difficult and time-consuming process, and, as Buckey pointed out, most doctors are only available during business hours, so employees need to find the information they need while at work, adding to their stress and cutting into their productivity.

“Some employers are taking the bull by the horns and are offering advocacy and transparency services to their employees to give them a source of support where they can turn over these issues to someone else to fight on their behalf,” Buckey said.

Socioeconomic Issues With HDHPs

Socioeconomics also is an important factor that employers must consider in health care strategies. One problem that HR has, according to technology-led business process services company Conduent’s Bruce Sherman, is that “we design benefits for people like us,” thus isolating people with different benefits needs and life experiences.

Low-income workers have been especially impacted by employers’ attempt at cost containment through HDHPs. According to the February 2017 Health Affairs article “Health Care Use and Spending Patterns Vary By Wage Level in Employer-Sponsored Plans”— which Sherman co-authored with Teresa B. Gibson, Wendy D. Lynch and Carol Addy — cost shifting in benefits plans has meant a 67 percent increase in deductibles since 2010. That’s six times more than the rise in workers’ wages (10 percent) and inflation (9 percent).

The article explored patterns of health care usage relative to employee wages and found that workers in the lowest wage group ($24,000 or less a year) were the most likely to have (had) an avoidable emergency visit, while the highest earners ($70,001 or more a year) were the least likely.

“It may be helpful to ask employees in different socioeconomic groups what benefits they’d like to have,” said Sherman, a longtime researcher of health issues. “This opens the door for information sharing and doesn’t obligate the employer to provide what employees request.” 

While more employers are talking about establishing a “culture of health,” oftentimes they also fail to address social and economic determinants in that culture of health, he said, suggesting that employers review organizational policies and practices and keep that perspective in mind to give themselves a broader understanding of where there’s opportunity to improve workplace health for different groups of people.

Some employers offer hourly employees a half day every year specifically to see their doctor for preventive care services, he said. Other employers offer paid sick leave to all employees, including hourly workers. And other employers have ditched “just-in-time” scheduling practices and opted for fixed work hours for all employees — a perk for hourly employees since variable scheduling limits predictable income for employees living paycheck to paycheck.

Some organizations are utilizing wage-based cost-sharing arrangements to address socioeconomic disparities, according to the National Business Group on Health’s 2019 “Large Employers’ Health Care Strategy and Design Survey.” According to the survey, 34 percent of employers offered a wage-based premium contribution in 2018, with 32 percent of employers planning to do the same in 2019. Similarly, 8 percent of employers offered a wage-based cost-sharing arrangement through deductibles or out of pocket costs in 2018, compared to 7 percent planning to do that in 2019.

 

MYTH 4: WE’RE DOING ALL WE CAN ALREADY

Many employers are doing a lot to help employees with health care costs. But in actuality they demand more from insurance companies and other providers, said DirectPath’s Bridget Lipezker.

Employers comprise the largest group of payers for health care in the United States. According to 2017 National Health Expenditure data, private health insurance accounted for 34 percent of health spending, beating out Medicare (20 percent), Medicaid (12 percent) and out-of-pocket (10 percent).

Employers have a responsibility to do more and they carry a lot of clout. But there are many barriers hindering that influence, she said. It takes a lot of time, energy and focus, and most organizations don’t have the luxury of hiring a person solely focused on benefits.

A majority of small- and midsized businesses only have one person managing HR, and oftentimes HR isn’t even their primary responsibility, according to HR platform BerniePortal’s 2019 “HR Today and Tomorrow” report.

“I think that employers do try to act in the best interests of their employees, at least in my experience. But they don’t always have the expertise in-house or the dollars to hire consultants to help them figure it out,” Lipezker said.

Disruption Will Cut Costs … Not

Counting on disruption to save on health care spend (think major policy changes like the Affordable Care Act) is a strategy, but it’s a poor one for plan sponsors, said ActiveRadar’s David Henka. Employers need to be proactive.

There’s only so many levers employers can pull to affect cost, Henka said. With trends like the consolidation of health systems and influential health care industries like pharmacy benefit managers clashing with employers, organizations have limited options to influence costs.

The most valuable and accessible lever is at the pharmacy, Henka said. Pharmacy costs and formularies are decided on a national scope, unlike hospital and provider networks, which are often decided on locally or regionally. This adds an additional challenge for an employer with offices or employees in multiple states to trim costs.

The lack of transparency in pharmacy benefits is noteworthy, Henka said, and the reality is that for many drugs, there are alternatives that have the same therapeutic benefit for a fraction of the cost. For example, the brand name drug Lipitor has an average cost $184 while Atorvastatin, the generic version with the same active ingredients, has an average cost of $36, according to Henka.

He suggested reference pricing programs, with which costs go down in the short term and, in the long term, patients became more compliant with drug treatments. Reference-based pricing uses complex algorithms to identify the most expensive drugs used by the employee population, highlights more cost-effective alternatives and then encourages members to switch to the most affordable drug.

While reference pricing is trending in parts of Europe, it’s mostly gaining traction in the U.S. among large employer groups, Henka said. He added that many employers think that by switching to a generic-mandated program, they’re doing enough — but they can do more. They could save money by switching from one generic to a different, more cost-effective one.

The types of U.S. organizations mostly adopting these programs are union trust funds and private employers, he said. 

The second largest health care purchaser in the country, CalPERS, is also a proponent of reference pricing, he added. Second only to Medicaid, CalPERS purchases health care benefits for employees in the state of California that work for school districts and other public agencies and covers about 1.2 million lives. They have “already implemented reference pricing for a number of medical procedures and are in serious discussion of implementing it for their pharmacy program as well,” Henka said.

Enter the Chief Medical Officer

A conversation that is gaining traction among employers is working to get more control of health care costs in unique ways, said of First Choice Health’s Jaja Okigwe.

Cable and internet provider Comcast was among the first companies to hire a chief medical officer. In 2005, it hired Tanya Benenson to have an expert solely focused on health care outcomes. Similarly, Google hired David Feinberg, former CEO of Geisinger Health, in November 2018 to lead its health strategy, and banking giant Morgan Stanley hired David Stark as its first chief medical officer in October 2018.

“The novelty of Comcast’s situation was that they were taking charge of crafting the whole benefit program and experience for their employees,” Okigwe said. “This is typically done by carriers and benefit consultants.”

The role of the chief medical officer varies by industry, said DirectPath’s Kim Buckey. In a hospital, that role likely will oversee clinical outcomes, while at an insurance company the position is responsible for decisions on what should be covered, or to help develop health and wellness programs. For organizations like Comcast, a CMO will identify opportunities for savings, oversee the organization’s health vendors to control costs, lead negotiations with providers and analyze claims data.

Large employers can afford to have someone in this position, Buckey said, but most are “a ways away” from the chief medical officer being a common corporate title.

Posted on March 7, 2019July 24, 2024

Mobility Strategies Are Driving Key Talent Management Trends

Fueled by relative economic strength around the world, all signs point to a prolonged talent shortage that will plague global businesses for the coming decade.

As companies of all sizes grapple with how to attract and retain outstanding employees, more organizations are recruiting internationally and expanding opportunities for current employees to pursue a variety of internal roles.

This is good news for job seekers and employees who are looking to grow their careers and seek out fulfilling work/life experiences. But it remains a challenge for employers, many of which are struggling to get up to speed with this “new normal” where a strong mobility program — both internal and external — is now a critical business strategy, not just for expanding to new markets but for addressing both acute and long-term people resourcing challenges.

Mobility, also known as global mobility or talent mobility, refers to the movement of employees across borders for business purposes. This could be employees relocating globally or domestically, taking a temporary assignment outside their home office, or even business travel or cross country or state commuting. Mobility, regardless of its form, requires modern tools and support to tackle everything from tax and immigration complexities to being paid in multiple locations.

Mobility will become a key differentiator in the war for talent, enabling businesses that get it right to overcome staffing challenges. Here are just a few examples of why organizations should prioritize mobility in the coming year:

  • To retain talent. More than 20 percent of employees say they’ve quit a job after being denied a relocation opportunity, and worse yet, 40 percent say they aren’t even aware of mobility offerings within their company. With global talent shortages, this should be terrifying news! Companies that offer internal mobility must do a better job of communicating and internally publicizing relocation opportunities when these roles become available. Make it clear that if you have the skillset, we’ll get you there through a seamless process that emphasizes employee satisfaction, lifestyle and family needs.
  • To enable fluid career paths. In previous generations, employees joined an organization and stayed there for their entire career, following a relatively predictable career path from junior level to senior management. But millennials and others are looking for faster progression, which includes lateral moves. When the average tenure at even tech giants like Google is two years or less, employees’ careers are now less tied to the organization and more tied to their personal brand and personal growth. Mobility enables this career fluidity by giving people an opportunity to grow in ways that suit their needs. In fact, a recent study found that more than 70 percent of employees saw mobility as a career growth opportunity, even without a raise or promotion.
  • To close the gender gap. Diversity and inclusion have become chief priorities, especially when it comes to leveling the gender playing field. Despite the push toward gender equality in the C-suite and boardroom, women still have less opportunity in mobility, despite its key role in leadership growth. The bottom line: if you want more women in senior leadership, you must have gender equality in your mobility population. This can also be solved with better communication and promotion of opportunities. By showcasing women in successful expat roles to demonstrate its transformational benefits for personal and professional growth, companies can entice more women to seek out mobility-based career and leadership opportunities. When they see that it works, and that your company will support them every step of the way, it’s easier to see themselves as eligible candidates.
  • To utilize data to drive efficiency. Traditional recruiting and HR management systems data have become invaluable when it comes to recruiting and talent optimization. But, as mobility begins to play a larger role in shaping a talent management strategy, it needs to be tied into the fold. The holy grail for success: the ability to identify and predict for whom mobility will be successful. By measuring factors such as how long the assignment lasted, what did the individual’s career path look like after, how long did they stay with the company, etc. we can use mobility data to optimize the process, move more people cost-effectively, foster greater success for the individual and ensure the company gets the most bang for its buck.

The potential is there for mobility to influence talent management in the coming years. While many areas of talent management have gone through a digital transformation, including recruiting, performance management, learning management and recognition and rewards, mobility has been somewhat left behind in most organizations. As a result, employees are often faced with highly fragmented experiences, forced to deal with five or six vendor systems and plagued with redundant data entry.

Adopting robust global mobility management solutions will transform the relocation process, giving companies the comprehensive tools they need to operate efficient, successful and growth-oriented programs, while also making relocation an exciting, exhilarating and life-changing experience for employees.

Posted on March 5, 2019June 29, 2023

Mental Health and the National Basketball Association

mental health, National Basteball Association

National Basketball Association Commissioner Adam Silver made an important comment this week at the MIT Sloan Sports Analytics Conference in Boston, saying that a lot of players are “unhappy” and acknowledging the very real impact of mental health problems on people, no matter how much fame or money they have.

As a benefits writer who occasionally covers mental health, I think it’s genuinely positive when a powerful figure makes a straightforward, sympathetic comment about mental health issues.

Still, I don’t agree with everything Silver said. According to CBS Sports, Silver said, “We are living in a time of anxiety. I think it’s a direct result of social media. A lot of players are unhappy.”

I contend that this argument is too simplistic. I’ve seen this argument before in research and reading, this concern that technology or social media is making people more depressed or anxious.

I prefer a more nuanced approach. Yes, social media has become increasingly ubiquitous over recent years and so has this trend of people being more open about mental health problems, but this sounds more like correlation than causation. That’s a topic worthy of more research.

Mental illness isn’t as simple as X caused Y. Being too focused on social media and technology’s impacts could blind you from other factors that could influence mental health, like personal or professional problems, going through a traumatic event or something physical like brain chemistry. In the context of the NBA, there are understandably some stressors specific to being a professional athlete.

I also don’t believe that mental illnesses are any more or less common than they have been historically. At least I haven’t seen or heard any convincing evidence of that. We need to acknowledge the very real fact that because of stigma, this wasn’t something that people talked about for a long time.

The lack of public acknowledgement doesn’t mean it did not exist. Whenever someone makes the “technology/social media causes mental problems” argument, I wonder if they’ve ever stopped to consider historical context. I wonder if they truly think depression, anxiety, bipolar disorder, borderline personality disorder and panic attacks just didn’t happen before. That sounds naïve to me.

Regardless of my preference for a more nuanced take on the causes of mental health problems, I love seeing that the league commissioner is talking about it. This also led to me read about the NBA’s mental wellness program and the organization’s decision to hire a director of mental health and wellness.

The details of the mental health program are interesting. This story references the league’s old policies to deal with mental health problems, often by team physicians who had no expertise in mental health.

It talks about the NBA’s decision to create a wellness program and the time and considerations that went into it. Basically, this is a comprehensive case study that also brings up some philosophical questions about wellness programs.

It also brings up a noteworthy point about privacy and transparency. The wellness program is run independently of the teams, league and players’ union. According to the article, Michele Roberts, executive director of the National Basketball Players Association said, “We don’t want players to be discouraged from getting help when they need it because they’re concerned that it will get back to the team, or it may affect their play, or it may affect their next contract.” Yet, the article continues, “even that can be debated when it comes to wellness.”

Data privacy and health privacy are topics I care about, which is why it’s intriguing to find debates like this. This story makes a point that when more people are open and transparent about mental health, there’s less stigma.

Wanting anonymity when you’re seeking mental health treatment helps “contribute to the continued stigma.” Further, one former player expressed concern that when people want anonymity, people like him are then persecuted for being up front.

I get this to a certain degree, and I understand this person’s idealized version of the world where everyone can be open about everything and there’s no judgment or consequences. But mostly I prefer to be realistic.

In any organization’s wellness program, privacy should be a clear choice. Health information is private, and no employee should feel pressured to talk publicly about something they want to keep private. HIPAA exists for a reason. And, yes, HIPAA doesn’t apply to many wellness programs, but that doesn’t mean that organizations should respect employee health privacy any less.

As employers get increasingly involved in employees’ physical, mental and financial health, it’s worth a reminder that many people want privacy, and that a respectful employer doesn’t pry into people’s personal data.

Posted on February 28, 2019June 29, 2023

Ensuring #MeToo Movement Advances Diversity in Leadership

Progress has been made in terms of women’s equality and protection over the past 10 years.metoo anniversary

In fact, it was recently the 10th anniversary of the Lilly Ledbetter Fair Pay Act, the first bill signed into law by President Barack Obama in 2009.

While there have been significant strides in reducing gender bias, harassment and sexual misconduct, clearly there is still work to be done. The #MeToo movement has been an important driver in bringing to light numerous cases of sexual abuse and misconduct.

However, it has also had the unintended consequence of causing men to refrain from interacting with women for fear of retaliation. Considering that male executives play a key role in advancing women into higher levels of leadership, this fear must be taken seriously because if unaddressed it leads to workplaces where there are fewer opportunities for women’s career advancement and informal coaching. Bloomberg recently conducted interviews with more than 30 senior executives that suggest many are startled by the #MeToo movement — some for good cause while others succumb to fear and retreat from supporting leadership diversity.

This is a huge problem for women, men, the companies they work for and society as a whole. When men shy away from mentoring women and helping them advance in their careers, it hurts everyone. Likewise, it is shameful and unacceptable when women are objectified, threatened or harmed.

In both cases no one wins. The outcome of the #MeToo movement should not be that we reverse progress on increasing diversity in leadership but that we are creating opportunities for women and men to thrive.

This shift needs to happen at the organizational level with changes implemented by leaders so that men can invest in the career advancement of women without fearing they will be classified as #MeToo participants and so that women will have confidence that they are working in a safe environment. These changes should include:

  • Providing sexual harassment and communications training for men and women. Employees and managers need to understand what is acceptable and what is not. Men and women respond to nuance differently, and everyone needs to understand what behavior crosses the line. Insight on how to be friendly, kind and foster appropriate relationships will benefit both men and women at all levels within the organization.
  • Ensuring there are confidential reporting protocols in place. All employees need to have a clear and confidential venue to report misconduct so they will not be retaliated against by their colleagues. Similarly, they need to know that because they are empowered to report any misconduct (perceived or overt), their concerns will be taken seriously and senior leadership will take appropriate and supportive action. By formalizing the process, men will feel confident that if a woman retaliates and misuses her power in a destructive way there is a recourse. Both men and women should not be driven by fear but rather they should understand that if they adhere to clearly specified boundaries and are treated unfairly, they will be supported.
  • Making evaluations less ambiguous. We know that when there is ambiguity in assessments it can lead to bias. An article in the Harvard Business Review sums it up as, “Without structure, people are more likely to rely on gender, race and other stereotypes when making decisions — instead of thoughtfully constructing assessments using agreed-upon processes and criteria that are consistently applied across all employees.” When managers use comparable data to evaluate employees and include insight from subordinates, peers and other leaders as well as self-evaluations it will help ensure that constructive criticism relayed to a subordinate is not viewed as subjective, but in fact is based on data and information gathered from multiple sources.
  • Rewarding positive behavior and swiftly addressing inappropriate or illegal actions. By recognizing men and women who serve as successful models of mentoring colleagues, leaders will gain confidence and others will better understand the best way to help both men and women advance in their careers. Likewise, punishing the bad actors will improve working conditions for everyone.

Men and women are asking some important and tough questions about the workplace. Women have earned a seat at the management table and are rightfully demanding it. The #MeToo movement has been a powerful force for change in bringing to light sexual harassment and misconduct and removing perpetrators from positions of power. It’s time to capitalize on that momentum and change our workplace policies — starting from the top down — so that we can turn the #MeToo era into a movement that is constructive, encourages human interaction and supports appropriate career advancement.

Posted on February 27, 2019June 29, 2023

Globoforce Renames Itself as Workhuman

This year, Globoforce celebrates 20 years of providing employee rewards and recognition solutions. Workhuman

And 2019 also marks another milestone as co-founder and CEO Eric Mosley said that Globoforce is renaming itself Workhuman.

Headquartered in Framingham, Massachusetts, and Dublin, Ireland, Workhuman also is the name of Globoforce’s annual conference, which this year is scheduled March 18-21 in Nashville. The conference features actors George Clooney and Viola Davis as keynote speakers.

“I’m thrilled to announce that our company name now clearly reflects the power of bringing gratitude into the workplace,” Mosly said in a Feb. 27 press statement. “We are Workhuman. This evolution acknowledges both the traction and effectiveness of our Workhuman Cloud platform and the demand from progressive global organizations who want to motivate and empower their people to do the best work of their lives.”

Some 4 million people in more than 160 countries access Workhuman Cloud, according to the press statement.

“Great leaders instinctively know that the more gratitude in a company, the better it performs,” Mosly said in the press statement. “Turnover is cut in half for employees who receive a moment of gratitude from a fellow employee at least once every 60 days. And safety records are more than 80 percent better for teams that express gratitude.”

Workhuman
Workhuman CHRO Steve Pemberton

In December 2017, Globoforce named veteran human resources leader Steve Pemberton as its chief human resources officer.

Pemberton, the former chief diversity officer for Walgreens Boots Alliance, the well-being enterprise of the drug-store giant, was brought on to work with Globoforce HR leaders and senior management executives worldwide to help them create relationships with their employees so they feel recognized, respected and appreciated, according to a statement from the company. Pemberton also was assigned to manage Globoforce’s WorkHuman movement.

Companies including JetBlue, the Hershey Co. and Procter & Gamble Co. utilize Workhuman’s recognition programs, according to the annual Workforce magazine Hot List of Rewards and Recognition Providers.

Along with a new name, Workhuman also announced their newly expanded $4.5 million headquarters expansion in Dublin along with the creation of 150 new jobs, the press release stated.

Posted on February 22, 2019February 21, 2019

Focus on Entry-Level Employee Development

employee development

Employee development is a buzzword that human resources professionals and business owners alike are accustomed to hearing. It’s also a powerful and critical success strategy. When executed properly, its benefits are fruitful. Employers will find that development fosters loyalty among their team, inspires engagement and cultivates an attractive workplace for prospective new hires.

However, there is an overlooked group in professional development: entry-level, nonprofessional workers.

According to a report published by the Bureau of Labor Statistics, more than 78 million Americans — or nearly 59 percent of the U.S. workforce — are hourly workers. Encapsulating such a substantial percentage of the workforce, it’s vital that companies implement employee development programs that will focus on this underserved sector of the American workforce.

There are many reasons organizations should enact employee development programs that serve entry-level, nonprofessional positions:

Benefiting from your untapped workforce

Too often, development programs are slanted toward people in professional careers. These individuals are groomed for higher-level positions, which lead to higher salaries and increased responsibilities. Left behind are those who are overlooked by upper management: entry-level workers.

While the backgrounds of these individuals vary, more often than not they have less education and less experience than those already in professional positions — one reason why they often get passed over for promotions and development opportunities. Typically, individuals in these roles serve in jobs such as customer service representatives or manual laborers.

To offset this problem, employers should create professional development programs that are offered to everyone — regardless of position, title or experience. By changing the professional development program to a deliberate effort rather than a checkbox exercise, those who wouldn’t typically raise their hand are able to opt-in more readily. Programs that everyone can participate in push all employees to focus on professional and personal growth.

It will also help prepare the organization to pivot and shift focus as needed in order to improve efficiency. Being a forward-thinking organization that focuses on what’s next, through means such as employee development, can have a positive impact on the team.

Reduced turnover rates

When training is offered from the bottom-up, employers will see a reduction in turnover rates. According to Accenture, 56 percent of those in entry-level jobs don’t plan to stay in their positions for more than two years. Since recruitment takes time and money, investing in lower level employees can greatly benefit a company in the long term.

Moreover, employees who are offered opportunities to be trained and grow are more likely to be engaged in their role and want to stay in the organization. This is a great perk for selling employee development programs to those in upper management who are always watching the bottom line. To some, a program of this sort may not seem beneficial enough to financially back it. However, over time, the impact is evident through advantages such as higher retention rates.

Becoming an employer of choice

When a company places an importance on development and caring for their employees, they inevitably become the employer of choice for individuals looking to grow professionally. In turn, this benefits culture, engagement, hiring and retention. It will help companies become highly sought after and will attract top talent.

Even when development doesn’t appear to directly benefit the company, showing team members that their employer cares can be extremely impactful.

By implementing a robust employee development program that emphasizes the growth of entry-level and nonprofessional workers, companies will witness reduced turnover rates, inspire a generation of underserved workers, and develop into a highly sought-after employer.

Also read: It’s Time to Rethink the Value of Training and Development

Also read: J&J Human Performance Institute Banks on the Science of Behavior Change in the Workplace

Posted on February 22, 2019June 29, 2023

Employees Prefer a Raise, But They’re Also OK with a Promotion

A recent survey conducted by HR consultancy Korn Ferry revealed that 55 percent of employees prefer a raise with no promotion. However, 45 percent of them are just fine with a new title and no salary bump.HR Promotions

The survey, conducted in December and released in January, collected 1,327 responses from professionals. The key components of the survey could offer employers insight to how their employees consider which reward matters most.

Dennis Baltzley, global head of leadership development solutions at Korn Ferry noted, “Appropriate compensation is key to a professional’s job satisfaction, but at least as important as recognition for a job well done. One of the most visible forms of recognition is a promotion.”

When asked what the most likely action would be if they wanted to attain a promotion, 77 percent of respondents said they would have a conversation with their supervisor directly and identify areas of growth. When asked what they would do if they were passed over for a promotion, 66 percent said they would identify the reason(s) and work to improve while 20 percent said they would take on more responsibility.

Professionals are saying that they are willing to improve their workplace performance in order to be recognized. However, bottlenecking, or having nowhere to go, were the biggest likely reasons respondents said they were passed over for a promotion. If passed over, 31 percent of respondents said that they would start searching for other job opportunities.

In order to retain and motivate talent, Baltzley advised that, “Organizational leaders must set expectations of constant learning, and this means development and career plans at all levels, so employees see a path broadening, deepening, or advancing.”

In the next 12 months, half of the respondents said that they will ask for a promotion.

The other half, if they haven’t already received a promotion, said that they are afraid or don’t know how to ask, or they admit that they are not ready to be promoted.

Some 90 percent of respondents said they expected a promotion in one to five years. Of that, 44 percent were in the two- to three-year range. Employers need to be prepared for both cases while also considering how long an employee expects to stay in a role before being promoted.

“They key to job progression is ongoing development and coaching to ensure professionals are receiving feedback in terms of how they are doing in their current role and what they need to do to be ready to take on added responsibility,” Baltzley said. “And even if an employee is not yet ready for the next role, knowing that there is a potential for a promotion to a more challenging role is an excellent way to retain top talent.”

Posted on February 13, 2019June 29, 2023

Benefits Roundup: The Employer Mandate and Fair Compensation

Andie Burjek, Working Well blog

When you write about topics as broad as benefits and wellness, it’s easy to have too many ideas and want to write about a million things at once.

But that’s impossible. So these are some topics in the health and benefits space that have intrigued me these past few weeks. They relate to employee wellbeing based on compensation; the employer mandate; days off; and a wellness conference.

What’s been on your mind recently? Any trends, debates or legislation that you find especially fascinating? Let me know!

Unpaid Internships and the Government Shutdown

I had many reactions to the government shutdown, which doubtless made a lot of employees’ lives difficult, having to work in some cases while not getting paid while benefits were compromised and many people had to deal with things like not being able to afford basic necessities like food and rent. I recognize that the struggle this put on federal workers was very rough.

It made me think of unpaid internships. These interns must go through these exact same struggles (unless they’re wealthy, or their family is) of needing to work their asses off while not getting paid. A lot of students can’t take internships that would be good experience and look good on their resume because they need to make money and pay basic expenses. Proponents of the unpaid internship argue that they are a valuable learning experience or that students can get class credit.

But in my opinion as a millennial in the beginning of my career, most of us in college needed to take out loans to afford an education. Couple that with unpaid internships and entry-level jobs that for many fields pay minimally. The financial burden put on young people through education costs and unpaid work can be significant.

All I’m saying is, at least pay your interns minimum wage. It’s the least you can do. People should get compensated for the work they perform.

Some Employer Mandate News

I came across a couple of BenefitsPRO articles recently that highlight two opposing ideas of the same debate. In late 2018 the U.S. Department of Labor, Department of Health and Human Services and Treasury Department proposed a rule that employers could circumvent employer-mandate penalties by setting up a health reimbursement account that employees could use to purchase health care in the individual market.

The 2018 tax reform legislation struck down the individual mandate. But the employer mandate, an Affordable Care Act provision that states employers must provide affordable health insurance to employees or else face a fine, is still in place.

On the pro side: Large employees would realistically continue to offer group health plans to attract and keep talent. Meanwhile, it could potentially help smaller employers in the 50- to 100-employee range. Also, to avoid penalties, employers would have to make an HRA contribution such that “any remaining premiums the employee would have to pay wouldn’t exceed a percentage of his or her income to be considered affordable under the employer mandate.”

On the opposing side: Employers and employees may not fully understand the differences between employer-sponsored health care and the individual health insurance marketplace, and the limitations that exist between them. Also, the new rules could potentially incentivize employers to switch sicker, more expensive enrollees to the individual market.

“If employers could move sicker patients toward individual and short-term plans — some of which have more restricted coverage — the employer could save money. In addition, short-term plans often are more restrictive about pre-existing conditions,” the article states.

If these rules are finalized, they wouldn’t take effect until Jan. 1, 2020 at the earliest, according to BenefitsPRO.

What do you think?

Should the Super Bowl Be a National Holiday?

I want to give a shout out to a Twitter user and lawyer @SonyaOldsSom who responded to a Workforce tweet with something obvious but important. Also, it speaks to an even broader idea than what she was specifically talking about.

We posted a podcast in February 2018 in which hosts Rick Bell and Frank Kalman briefly discussed if the Monday after the Super Bowl should be a national holiday. That idea, simply, came from organizations’ frustrations that people often aren’t as productive as usual that day.

This was @SonyaOldsSom’s response:

Not before Election Day is https://t.co/Bm8RzGmqR1

— Sonya Olds Som (@SonyaOldsSom) February 2, 2019

Amen! Sure, National Super Bowl Monday is a cute idea to debate, but employers (and whoever decides what national holidays are) should consider the thing that’s been right under their noses for a long time. In general, for any organization, it can be easy to get swept up in trendy sounding ideas — whether that’s open office spaces, yoga classes or some other buzzword — but what’s more valuable to people are these straight-up practical ideas, like having voting day as an official holiday.

The MBGH Wellness Forum

I recently attended an employer-only wellness forum hosted by the Midwest Business Group on Health, and although I’ve already written about some of the major takeways, there were a few other ideas that came up that are worth exploring:

  • I spoke to a man who expressed to me one of his greatest frustrations in the workplace wellness space: when companies go gaga over wellness programs without addressing cultural concerns like an abusive or toxic work environment. I agree!
  • One of my unlikely tablemates was Bruce Sherman, medical director for the National Alliance of Healthcare Purchaser Coalitions. I’ve coincidentally already interviewed him for a story coming up in our March issue! At this conference, he gave a talk about addressing employees with multiple chronic conditions [note: “multimorbidity” is the coexistence of multiple chronic conditions] in your wellness programs. One of his ideas: disease management programs that specifically address one chronic condition oftentimes do not sufficiently help employees with multimorbidity!
  • Sherman also mentioned that while people in the health care industry tend to have a narrow, clinical mindset with patient health, patients have many more focuses and stresses in their life. Personal health is just one of them — and, according to one survey, it’s not even the highest priority. Ranking factors that stress people out, “personal health” is No. 8, below other factors like finances, family health and work schedule. Personal health is not something that exists in a vacuum for employees!
Posted on February 11, 2019June 29, 2023

Emojis Are Starting to Pop Up in Discrimination and Harassment Cases

Law.com recently pronounced, “The Emojis are Coming!” 

That article got me thinking, are they coming to workplace litigation, too? After all, emojis are a form of communication, and work is all about communication. Which would suggest that we would start seeing them in harassment and discrimination cases.

According to Bloomberg Law, mentions of emojis in federal discrimination lawsuits doubled from 2016 to 2017. Let’s not get crazy. The doubling went from six cases to 12 cases. But, a trend is a trend.

While harassment cases dominate these filings, it’s not just employees who are using 🍆 to establish a hostile work environment. Employers are using employees’ use of emojis to respond to alleged acts of harassment (such as 😄, or 😉, or 😉) to help establish that the alleged hostile work environment was either welcomed or subjectively not offensive.

For example, in Murdoch v. Medjet Assistance (N.D. Ala. 2018), the court held that the plaintiff’s use of a smiley face emoji in a text message to her accused harasser helped establish an absence of a hostile work environment. Similarly, see Bellue v. East Baton Rouge Sheriff (M.D. La  2018) (😉) Stewart v. Durham (S.D. Miss. 2017) (😘 and 😉); and Arnold v. Reliant Bank (M.D. Tenn. 2013) (😊).

On the flip side, consider the salacious sexual harassment lawsuit filed against celebrity chef Mike Isabella. According that lawsuit, Isabella referred to attractive female customers as “corn” after one of his chef’s commented that one woman was “so hot, [he’d] eat the corn out of her shit.” The lawsuit alleges further acts of harassment via text messages with with corn emojis 🌽.

Also read: Harassment By Emojis

These cases all beg the questions, “Do you need a workplace emoji policy?” I answered this question in 2017 with an emphatic “NO.”

Most employers already have an emoji policy. It’’s called your harassment policy. You do not need a separate policy to forbid your employees from using what is becoming an acceptable form of communication … .

We can have a healthy debate over the professionalism of emoji use in business communications (like this one). Indeed, according to one recent survey, “nearly half (41%) of workers use emojis in professional communications. And among the senior managers polled, 61% said it’s fine, at least in some situations.” My sense is that your view of this issue will depend on a combination of your age, your comfort with technology, and the age of your kids.

As for me, I use emojis all the time, even at work. Email is notoriously tone deaf. It’s easier for me to drop a 😊 into an email to convey intent than to tone down my sarcasm.

In other words, 😁. Emojis are 👌, and it’s perfectly fine to ❤️ them at work 👍.

Posted on January 25, 2019June 29, 2023

Labor Issues a Costly Concern During Acquisitions

When a company is considering a merger or weighing the idea of an acquisition, it is crucial to assess the impact on operations and, specifically, on labor and employment issues.acquisition

Deal attorneys and bankers focus on the underlying value analysis and purchase documents, which clearly are important.

However, liability for labor and employment issues can be created by acts or omissions and rarely is avoided solely by virtue of indemnification clauses or seller warranties in deal documents.

Put simply, our legal system operates in large part to protect the “little guy,” which in the employment context, means the employee, not the company. This means that, despite the iron-clad separation of entities from a financial perspective, if operations continue following deal closure, an acquiring entity may be held liable for workplace obligations agreed to by the seller-predecessor or for acts or omissions creating liability prior to the close of the purchase. 

The Employee’s Right

How can this be, you ask? Remember the little guy. If they felt like they were wronged before the deal closed, they will chase both companies (especially if the selling entity was in financial distress). From a legal standpoint if, from our employee’s perspective, nothing changed after the deal closed — same physical office, same managers, same processes — it is possible the buyer may be found liable for the wrongdoings of the predecessor entity.

The idea is that a company should not be able to escape liability to its employees solely by changing its corporate name and closing a deal. Someone needs to make sure the little guy’s wrongs are righted.  The way the courts often do it is by extending that liability to the “new” entity. The question is, how does “NewCo” avoid this? Ensure labor and employment are key components of due diligence, including the following:

Wage and hour. If you are the seller, conduct internal policy and practice audits on wage and hour issues as part of due diligence. These audits can reveal existing procedural violations that could mushroom into “bet the company” class actions if not cured (or expressly carved out of the purchase price!). Some examples of such issues are pay stub compliance, meal/rest break issues, and employee or contractor misclassification. One of the most frequently overlooked areas of exposure is unpaid vacation or paid time off for employees of the selling entity — all of whom would technically be terminated (and thus owed these monies) in an asset purchase. Even if the buyer hires every one of them.

Employment agreements. Know your obligations to employees, no matter the role. High-level executives who are key to the transition often have change in control or severance provisions in employment agreements that trigger significant payouts in an asset deal. If the buyer wants to retain these folks, the terms of new employment should be agreed-upon before closing. The buyer also should be conscious of any restrictive covenants — if key personnel are departing as part of the deal, make sure you are protecting your assets by limiting their ability to go across the street and start a competing concern. Even in California, noncompetition arrangements are available for limited purposes in the context of a purchase or sale of a business.

Turnover/hiring practices. Prepare yourself for WARN Act obligations, which require extended notice/payout periods, even if employees are not going to miss a day of work because they are being hired by NewCo. Diligence should include a discussion of which entity will be handling WARN and COBRA notices. And once NewCo takes over, to help avoid the type of pass-through liability described above in the context of an asset deal, it should follow standard hiring practices for each of the “old” employees. Assess them like any other new hire, and ensure all paperwork is completed to establish the new business relationship.

Labor union issues. Make sure you know about the seller’s union agreements or activity. Ask whether there have been organizing drives or union activity.  If there is any organized labor, ask to see all collective bargaining agreements and review all grievances. The CBAs may contain clauses obligating the buyer to assume the terms contained therein and the seller to expressly disclose the potential of a deal. If you are not planning to transition the organized operations to NewCo post-close, you may be responsible for posting a bond to cover the withdrawal liability for the multi-employer pension plan into which the seller previously contributed. This can be hundreds of thousands (or even millions) of dollars, and it is held in escrow for five years.

Immigration. Understand your employee base. Does the selling entity have employees for whom it has sponsored work visas? If so, there needs to be an assessment of transferability and a discussion regarding that process. Does the deal involve international payments or taxes or transfers of operations that will necessitate analysis of non-U.S. issues?

Any company considering a merger or acquisition is acutely focused on the potential effect on its balance sheet from a pure numbers standpoint. It is axiomatic that a business’s largest asset (or liability) can be its workforce. Remember that effectively transitioning operations requires careful planning and educated decision-making as to how, or if, NewCo will be adopting the prior workforce and the policies and practices that applied to it. In order to make responsible decisions regarding the value of any prospective transaction, and the risks associated with it, both sides should look beyond the balance sheet to the people on the ground.

As these issues highlight, diligence regarding matters of potential exposure stemming from the labor and employment function is crucial when assessing the true net impact of a potential deal on your company’s bottom line. The little guys can have a huge impact; don’t overlook that in your focus on the paperwork.

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