Skip to content

Workforce

Category: Compliance

Posted on March 17, 2011August 9, 2018

Chambers in New York Target Living Wage Bill

The business coalition that killed paid sick-days legislation last year has now set its sights on defeating a proposal that would require jobs resulting from city-subsidized projects to pay at least $10 an hour, plus benefits.


The 5 Boro Chamber Alliance, which formed in 2009 to fight the sick days measure, is meeting next week to orchestrate opposition to the Fair Wages for New Yorkers Act, which would require employers at projects that received $100,000 or more in subsidies to pay a living wage.


Plans are in the works to request meetings with City Council Speaker Christine Quinn, who has yet to take a position on the measure, and the bill’s sponsors to outline small business’ stance. The group convinced Quinn last year that the sick days bill would have devastated small businesses.


“We just had paid sick days, now it’s living wage,” said Nancy Ploeger, president of the Manhattan Chamber of Commerce, which is a member of the alliance. “They just keep trying to put burdens on the backs of small business.”


The planned opposition comes even as a revised version of the bill, obtained by Crain’s, carves out small businesses with revenues less than $1 million per year, as proponents had earlier promised.


“Small businesses have already been exempted from the bill,” said Councilman Oliver Koppell, its lead sponsor. “The tenants of subsidized projects will be large businesses. There is nothing for anyone to fear here.”


But Ploeger contends the $1 million or less revenue threshold is an arbitrary one that will prevent many small firms from moving into subsidized locations. “You can’t always go by revenue,” she said. “$1 million doesn’t mean it’s a big business.”


A source with direct knowledge of how the $1 million threshold was determined said it was loosely based on the federal Fair Labor Standards Act, which exempts many businesses with $500,000 in revenue or less.


Ploeger said the group’s opposition to the bill wasn’t just based on the terms of the small business carve out. If the bill passes, she said it could make it easier for government to institute prevailing wage mandates and intervene in other ways that could make life tougher for businesses. “It’s not just this one issue,” she added.


“It’s odd that opponents object to the law because they fear government intervention,” said John Petro, an urban policy analyst at the liberal public Drum Major Institute think tank. “We’re talking about government-led economic development projects here, the very definition of government intervention.”


The bill, which was introduced at the request of Bronx Borough President Ruben Diaz Jr., has 29 sponsors, five short of the supermajority needed to override a certain veto by Mayor Michael Bloomberg.


Bloomberg administration officials have consistently argued that tying wage requirements to subsidies would squash development. The city’s Economic Development Corp. retained a Boston-based consulting firm to conduct a $1 million study on the feasibility of wage mandates. That study is expected to be released in the next few weeks, before the City Council holds a hearing on the bill in April.


In addition to formulating opposition to the living wage bill, members of the alliance will discuss development of a proactive agenda so that the group is not always reacting to bills seen as harmful to business, Ploeger said.  


Filed by Daniel Massey of Crain’s New York Business, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


 


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

Posted on March 11, 2011August 9, 2018

Not-for-Profits Woo Veteran Executives

When IFF began its search for a chief financial officer, it posted the position on its website and online sites geared to not-for-profits. Because those postings didn’t yield the right talent, the organization hired an executive search firm.


The headhunter connected the Chicago-based not-for-profit, which focuses on providing loans and real estate consulting to other not-for-profits, with Lloyd Shields, the former CFO at JPMorgan Chase & Co.’s corporate real estate and security group. He found the IFF position to be the perfect fit. It was one of two offers the 60-year-old received during his 19-month-long job search. “I knew this was going to be more of a challenge” than the other one, he says. “That’s what I was looking for.”


As executives are laid off or choose to leave the corporate world, not-for-profit organizations are taking advantage of a rare opportunity to snap up some of the best talent to be had.


“Nonprofits need to be more aware of bringing in the best possible business skills they can get and afford,” says Trinita Logue, founder and president of IFF—formerly known as the Illinois Facilities Fund—the largest community development financial institution exclusively serving not-for-profits in the Midwest. “There are literally thousands of very experienced people who still want to work and still want to make a contribution. They’re not ready to stop working. The nonprofit sector can benefit from them.”


Shields, who spent 34 years working for JPMorgan Chase and its predecessor companies, was floored when his position was moved to New York from Chicago. He ultimately decided not to relocate. Like many other baby boomers, he knew finding a new job would be a challenge, but he didn’t expect it to take so long.


While the 6.9 percent unemployment rate for the 55-plus cohort is lower than the overall national rate of 9.4 percent, the growth in the percentage of older jobless people has been higher than for other age groups, and older people tend to be shut out of the workforce for longer periods.


Like Shields, the graying unemployed may find their best hope lies in not-for-profits. Many leaders of such organizations are starting to reach retirement age. At the same time, some not-for-profits are seeing growth and the need for senior-level executives, says Wayne Luke, partner and head of executive search for the Bridgespan Group, a not-for-profit that works with other not-for-profits and foundations on strategy and philanthropy consulting as well as executive recruitment.


A study by Bridgespan in 2009 projected demand for 24,000 senior managers at not-for-profits that year. Luke can’t say if not-for-profits actually hired that many people because many managers delayed their retirement after the economy and financial markets plummeted in 2008. But by late 2009 and early 2010, “there was light at the end of the tunnel” and not-for-profits began hiring again, he says. “When there are tough times, there is only so long you can hunker down.” A survey of about 100 not-for-profit executive directors released in January by Bridgespan found that 60 percent said they were looking for new talent in 2011 compared with 31 percent in 2010.


While some not-for-profits are happy to tap the large pool of experienced business leaders who have lost their jobs, other organizations still have reservations. One issue is overcoming “innate distrust of people coming in on a white horse from the corporate world” who think they’ll save the organization, says Michael Jeans, president of New Directions Inc., a Boston firm that helps professionals figure out their next career step. Executives with experience serving on not-for-profit boards, however, may be better able to sell themselves, he adds.


Although not-for-profits move at a slower pace than the corporate world, their philanthropic mission is often appealing. Those who make the leap to not-for-profits typically have a “reasonable amount of financial and career success,” Jeans says, and they wonder: “What kind of mark can I leave behind?”


In the past, management shortcomings were overlooked at many not-for-profits, Jeans says, but “there’s been a major groundswell of upgrading talent over the last decade. They need more sophisticated help and the place to get it is corporate America.”


IFF’s Shields says the skills he developed during his decades in financial services were easily transferrable to the not-for-profit, where he still does credit reviews and meets with banks and customers. Shields’ management experience also appealed to IFF. “Often in the financial world people have great” technical skills, Logue says, “but not management skills.”


Former corporate executives usually take a salary cut. A study by Charity Navigator found that of 3,005 midsize to large U.S. charities, the median salary for a CEO in 2008 was $147,273, up 4.7 percent from the previous year. “It’s a question of a good person who’s at the right stage of his or her career” who can afford a compensation cut, Logue says.


A number of programs have sprung up across the country to ease the transition from the corporate to the not-for-profit world. For example, EncoreHartford, a Connecticut program, was designed to reduce unemployment and bolster the not-for-profit sector in a state where 20 percent of the workforce is over age 55.


The pilot program was launched last March with 23 Encore Fellows, all but one of whom was at least 50 years old, says David Garvey, director of the Nonprofit Leadership Program at the University of Connecticut in Storrs. The fellows had 44 hours of training on topics such as management and accounting before spending two months at a not-for-profit.


One of those fellows was Mary Jo Keating, who became planning and marketing manager with reSET, a social enterprise trust in Farmington that encourages businesses to become social enterprises. Keating, who is 58, quit her job as vice president of corporate relations for BNSF Railway in Fort Worth, Texas, to join her husband who was working in Connecticut. She couldn’t find any senior communications positions in Connecticut and briefly started her own business. But she disliked working on her own, so she joined the EncoreHartford program. Her fellowship was with reSET, and she was hired by the organization as soon as she completed the program.


Keating says she has found that compared with the corporate world, “it’s a more collegial atmosphere.” One big change: She does everything from handling marketing and communications to making photocopies. But she was drawn to the job because “I liked the purpose and I liked the people.”


Workforce Management, February 2011, pgs. 8, 10 — Subscribe Now!

Posted on January 17, 2011August 9, 2018

Chicago Airport Shuttle Workers Win $1.4 Million Back-Wages Ruling from Government

A Texas-based transportation company has been ordered by the federal government to help pay nearly $1.4 million in back wages and benefits it owes some Chicago-area employees.


Total Enterprise Inc. of Irving, Texas, was found to have been underpaying 140 employees who worked out of its Franklin Park, Illinois, facility for a three-year period that ended in 2009.


Total Enterprise had been hired to shuttle Transportation Security Administration employees between O’Hare International Airport and remote parking lots.


A Total Enterprise representative was not available for comment.


The settlement, to be paid by the TSA and Total Enterprise, represents “wages that [employees] should have been receiving all along,” a Labor Department spokesman said.


It’s not clear what portion of the award Total Enterprise will pay.


The 140 workers—shuttle bus drivers, parking lot attendants and bus dispatchers — will see payouts ranging from $30,000 to $90,000 for money owed to them from Dec. 31, 2005, through Nov. 7, 2009, the spokesman said.


The TSA said in a written statement that it has been “working closely” with the Labor Department to ensure that Total Enterprise employees are paid accordingly. “TSA appreciates the cooperation and assistance of the [Labor Department] in this enforcement action,” the agency said in the statement.


The nearly $1.4-million settlement requires final approval by an administrative law judge.


Wage violations, particularly among low-wage earners, are not uncommon in Cook County, according to a University of Illinois at Chicago study. In the past decade, lawsuits filed in Chicago’s federal court that allege some violation of the Fair Labor Standards Act have jumped 134 percent.  


Filed by Lorene Yue of Crain’s Chicago Business, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


 


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

Posted on January 10, 2011August 9, 2018

AIG Settles Workers Comp Case with Insurers Except Liberty

In a major development involving long-running workers’ compensation litigation, American International Group Inc. has reached a $450 million settlement with seven of the insurers involved.


However, the settlement does not include units of Boston-based Liberty Mutual Insurance Group, which has sought class-action status and plans to continue pursuing the litigation.


The legal fight began in 2007 when the National Workers Compensation Reinsurance Pool operated by Boca Raton, Florida-based NCCI Holdings Inc. first sued New York-based AIG.


The pool had argued it was excluded from a 2006 settlement with then-New York Attorney General Eliot Spitzer in which AIG agreed to pay states more than $343 million to settle allegations that it underreported workers’ compensation premiums over several decades to avoid paying its full share of residual market assessments to the states.


Since then, U.S. District Court Judge Robert Gettleman, who has been presiding over the case, dismissed the pool as plaintiff based on AIG’s objection, but the litigation continued. AIG also sued competitors, arguing they underreported workers’ compensation premiums.


Under the proposed settlement dated Jan. 5, AIG will pay $450 million, but that would be decreased by the amount put in escrow under the Spitzer settlement plus any interest earned in the meantime.


The proposed settlement stipulates that the agreement would not be affected even if Liberty Mutual units Safeco Insurance Co. of America and Ohio Casualty Insurance Co. opt out.


Court papers state that “it has become clear” that Safeco and Ohio Casualty “cannot adequately represent the absent class members in settling this matter with AIG on fair and reasonable terms at this time due to very different business judgments about the wisdom of continued litigation as opposed to settlement.”


The insurers “therefore respectfully request that they be permitted to intervene … in order to represent their own interests and to serve as settlement class representatives, in order to effectuate a global settlement of these claims with AIG,” according to court documents.


The attorney for Safeco and Ohio Casualty, Gary Elden of Chicago-based Grippo & Elden, said in a written statement that the settlement agreement is an “act of self-interest” by AIG and the settling insurers “and is detrimental to the 600-member class because it fails to consider previously undisclosed documented evidence of underreporting that extends the scope and duration of the classes’ claim.


“The current discovery process, which will be completed in stages within the next 60 and 150 days, should be allowed to proceed uninterrupted so AIG’s held to account for the true extent of its underreporting,” Elden said in the statement.


“Ohio Casualty and Safeco, class representatives, stepped forward 20 months ago to make certain that AIG adequately addresses the systemic practice of underreporting of workers’ compensation premiums when no one else would, and they remain in the best position to adequately represent the class and prosecute” the litigation, he said.


The seven insurers who agreed to the settlement are ACE INA Holdings Inc., Auto-Owners Insurance Co., Companion Property & Casualty Insurance Co., Firstcomp Insurance Co., Hartford Financial Services Group Inc., Technology Insurance Co. and Travelers Indemnity Co. The insurers’ lawyer declined comment.


An AIG spokesman said: “It is unfortunate that Liberty is refusing to participate in this fair and reasonable settlement. As the seven other settling insurers have recognized in seeking to intervene in the action, Liberty’s preference to continue litigating is not in the best interests of the class members.”


In a separate but related development, AIG in December reached a $100 million settlement with state insurance regulators on the same issue.  


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


 


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

Posted on January 7, 2011August 9, 2018

Companies not Sure How to Measure Say on Pay Success

Some 49 percent of companies don’t know what level of shareholder support of executive compensation in say-on-pay votes will be considered a successful outcome by their boards of directors, according to a Towers Watson & Co. survey released Jan. 5.


Of the 51 percent of companies that have defined how they will evaluate success, 19.6 percent say they believe that a favorable shareholder vote of at least 90 percent would be considered successful, while 37.2 percent say they believe a vote of at least 80 percent would be considered successful, 27.5 percent say they believe it needs to be a vote of at least 70 percent, 13.7 percent say they believe a vote of at least 60 percent, and 2 percent say they believe a vote of at least 50 percent, according to a Towers Watson written statement about the results.


Only 8 percent of companies surveyed have a process in place for “developing appropriate action plans in response to potential shareholder concerns” on executive compensation, the statement said.


Fifty-one percent of companies expect to hold annual shareholder advisory votes on executive compensation, while 39 percent prefer to hold the vote every three years and 10 percent every two years.


Some 48 percent of respondents “are making some adjustments to their executive pay-setting process in preparing for the upcoming proxy season,” the statement said. Those adjustments include more detailed explanations of compensation programs in SEC filings and changes in severance programs and high-profile perquisites.


Under the Dodd-Frank Wall Street Reform and Consumer Protection Act enacted last year, companies have to conduct say-on-pay votes at least every three years but are allowed discretion on whether to hold annual, biennial or triennial votes, according to a Tower Watson statement on the survey results. The law requires companies to put the say-on-pay frequency question to a nonbinding shareholder vote at least every six years.


“The survey responses suggest that companies are struggling to understand the implications of say-on-pay votes, and many are taking a wait-and-see approach to measuring success,” said James Kroll, a Towers Watson senior consultant, in the statement.


Towers Watson surveyed 135 U.S. publicly traded companies in mid-December.  


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


 


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

Posted on January 5, 2011August 9, 2018

Lawsuit Against Co-Worker Not Barred By Workers Comp Law

Workers’ compensation law doesn’t bar lawsuits against co-workers alleging intentional injury, Nevada’s Supreme Court ruled in the case of a casino employee alleging her employer’s security guards assaulted her.


Fanders vs. Riverside Resort & Casino Inc. stems from alleged injuries Juana Fanders suffered when security guards were instructed by a human resources director to “86” her, or remove her from the premises, after a dispute over her conduct at work, court records show.


During the procedure, security guards tried to photograph Fanders and she resisted by climbing under a table. Fanders alleges a guard grabbed her by her hair and pulled her out from under the table while calling her a derogatory name.


She was then handcuffed and placed in a holding cell at the casino security office until a police officer arrived and cited her for battery against a guard, court records state.


Fanders sued, alleging assault and battery, vicarious liability, wrongful imprisonment and negligence. A district court granted summary judgment to her employer and the security guards finding that Nevada’s workers’ compensation law provided Fanders with an exclusive remedy because her injuries arose out of her employment.


On appeal, Nevada’s Supreme Court ruled Dec. 30, 2010, that the district court erred in granting summary judgment because several questions of fact remained regarding whether Fanders’ injuries arose out of her employment.


The high court acknowledged it had not previously addressed whether an employee “can maintain an action outside of the workers’ compensation statute against a co-employee who purportedly commits an intentional tort against the employee.”


It found that “when a plaintiff states a viable intentional tort claim against a co-employee,” that claim is not barred by workers’ compensation exclusivity provisions.


The high court also said that “even if the district court concludes that Fanders’ claims arose out of and in the course of her employment with Riverside, she may still pursue her assault and battery and wrongful imprisonment claims against the security guards.”


It remanded the case to the district court for proceedings consistent with its opinion.  


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


 


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

Posted on December 20, 2010August 9, 2018

Va. State Workers Would Contribute 5% of Pay Under Proposal

Virginia state employees would contribute 5 percent of pay to the Virginia Retirement System, Richmond, under a proposal released Dec. 17 by Gov. Bob McDonnell.



State employees have not contributed to the $51.9 billion system since 1983, when the state agreed to cover employee costs in lieu of an employee pay raise, said Jeanne Chenault, a system spokeswoman.



Under McDonnell’s proposal, state employees would get a 3 percent salary increase and the state would increase its contribution rate to the system by 2 percent, starting July 1, 2011.



The legislation would increase total contributions to the system, which he said is underfunded by $17.6 billion, by more than $300 million a year.



“Without action now, the solvency and future viability of the entire system is at risk,” McDonnell said in prepared remarks to state lawmakers on Dec. 17. “Nearly every public and private pension plan in America requires employees to contribute something toward the cost of their retirement plan. Virginia’s approach to pensions is behind the times and economically unsustainable.”



Diana Cantor, the system’s board chairman, said in a written statement, “The VRS board of trustees welcomes the governor’s proposal to provide an increase in contribution rates, especially during these difficult economic times when state revenues are still below pre-recession levels and the future of reliable investment returns continues to be uncertain.”


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


 


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


 


 

Posted on December 15, 2010August 9, 2018

Obesity Can Exacerbate Workplace Injuries, Study Notes

Injuries sustained by obese workers often require substantially more medical care and are more likely to become permanent disabilities than similar injuries suffered by employees who are not obese, a study released Dec. 13 found.


How Obesity Increases the Risk of Disabling Workplace Injuries, produced by Boca Raton, Florida-based NCCI Holdings Inc., reports on differences in treatment patterns between a sample of more than 7,000 claims with obesity as a secondary diagnosis and another 20,000 claims with virtually identical demographic characteristics but lacking an obesity diagnosis.


The range of medical treatments, costs and duration are typically, but not always, greater for obese claimants, researchers found.


A look at shoulder and arm sprains, for example, found that “the obese claim is significantly more costly due to an entire range of treatments including physical therapy and complex surgery that the nonobese claim did not incur,” the report stated.


“Essentially, the nonobese claim had only an office visit, X-ray and drug treatment the day of the injury and a follow-up office visit the next day,” according to the study. “In total, the nonobese claim had four treatments, while the obese claim had more than 75. A major cost driver for the obese claim was complex surgery.”  


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


 


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

Posted on December 8, 2010August 9, 2018

Injury While Traveling for Business Ruled Compensable

Traveling from a business dinner to a company-owned storage facility while an employee is on the way home falls within the scope of employment, the Texas Supreme Court has ruled.


The high court’s 8-1 decision in Liana Leordeanu v. American Protection Insurance Co. overturned a state appellate court ruling involving a pharmaceutical sales representative who worked from her apartment and drove a company car.


Leordeanu dined with clients, and her route home took her past a company-provided storage unit adjacent to her apartment complex. The unit was used to store drug samples, court records show.


She intended to stop at the unit when she ran off a highway and was seriously injured.
American Protection denied a workers’ compensation claim, concluding that Leordeanu was not acting “in the course and scope of employment” when the accident occurred, court records state.


A jury later disagreed, but an appellate court reversed the jury’s decision.


In its Dec. 3 ruling, however, the Texas Supreme Court said that under Texas law, Leordeanu was acting in the course and scope of employment because she was on her way from an employer-sponsored dinner to an employer-provided facility, and she was acting in furtherance of her employer.


The Supreme Court’s ruling affirmed the trial court’s judgment.  


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


 


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

Posted on November 4, 2010August 9, 2018

Washington State Voters Reject Workers Comp Privatization Plan

Voters in Washington state have rejected a measure that would have allowed private insurers to compete for employers’ business in the state’s workers’ compensation system.


More than 58 percent of voters on Nov. 2 rejected Initiative Measure No. 1082, according to the Washington Secretary of State’s office. Washington is among four U.S. states that have a monopoly workers’ comp system.


The Building Industry Association of Washington, along with insurance industry support, sought to end the Labor and Industries Department’s monopoly. Organized labor and trial lawyers opposed the initiative.


The measure would have eliminated a Washington practice of requiring workers to pay a portion of workers’ comp premiums as well as allowed private insurers to sell policies.   


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


 


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

Posts navigation

Previous page Page 1 … Page 13 Page 14 Page 15 … Page 18 Next page

 

Webinars

 

White Papers

 

 
  • Topics

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

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

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

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

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

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