Skip to content

Workforce

Category: Archive

Posted on February 21, 2008June 29, 2023

Californias Response to Pot on the Job

Imagine receiving a telephone call from the laboratory hired by your company to perform drug tests. The laboratory informs you that the employee you hired three days ago has tested positive for marijuana on the pre-employment drug screen. In following up with the employee, he advises that he only uses marijuana at home for medicinal purposes, as recommended by his physician, and gives you a copy of his medical marijuana identification card. Given California’s medicinal marijuana use laws, is an employer allowed to terminate the employee under these circumstances? The short answer is yes.


Employers are often faced with a clash between public policy and their company’s policies when considering whether to allow employees to use medical marijuana. Thirteen states have laws that allow for the use of marijuana for medical purposes ( Alaska, Arizona, California, Colorado, Hawaii, Maine, Maryland, Montana, Nevada, Oregon, Rhode Island, Vermont and Washington). The general purpose of these laws is to eliminate the criminal liability to doctors, growers, sellers and users of medical marijuana. However, the U.S. government does not recognize any legitimate use for marijuana and considers it a controlled substance and illegal drug. The Supreme Court has approved of the government’s position in cases related to the arrest and conviction of persons who use marijuana under state medical marijuana laws and attorneys have prosecuted and have vowed to continue prosecution for the possession and distribution of marijuana, medicinal or otherwise.


This state and federal public policy contradiction presents employers with the dilemma of whether to allow the use of medical marijuana under state law or prohibit the use of medical marijuana pursuant to the federal drug-free workplace policy. Employers also need to consider whether disability discrimination laws would require accommodating an employee that uses medical marijuana. This is particularly challenging when current users of illegal drugs—and under federal law, marijuana is still illegal—are not protected by anti-discrimination law. At least in California, the courts recently gave us some guidance. In the recent case of Gary Ross v. RagingWire Telecommunications, Inc., the California Supreme Court ruled that an employer was within its rights to terminate an employee for testing positive for marijuana even though the employee was legally ingesting marijuana based on California’s medicinal marijuana law, which is referred to as the Compassionate Use Act. More specifically, the California Supreme Court confirmed that California’s anti-discrimination statutes do not obligate employers to accommodate medicinal marijuana users who might be considered “disabled.”


In the RagingWire case, the company offered Gary Ross a position as lead system administrator, conditioned upon satisfactory completion of a pre-employment drug screen. Ross submitted himself to the pre-employment drug test and, after three days on the job, got a positive result for marijuana. Ross had been using marijuana for a number of years (allegedly recommended by his doctor), to treat a disabling injury he suffered while serving in the U.S. Air Force. He gave the company a copy of his doctor’s written recommendation and stated that he only used marijuana during non-working hours, and off company premises. RagingWire revoked the offer of employment and terminated Ross’ employment.


Ross filed a lawsuit claiming that RagingWire violated California’s disability discrimination laws. He alleged his injury was a disability under California’s anti-discrimination laws. Ross further alleged that by not allowing him to ingest marijuana, the company failed to “reasonably accommodate” his disability. He also alleged that he was wrongfully terminated in violation of the public policy established by California’s Compassionate Use Act of 1996, which allows people to grow, smoke or obtain marijuana for medical needs with a doctor’s recommendation. Ross essentially argued that since it was legal in California for him to ingest marijuana, his former employer could not impede upon that right.


In 1997, the California Supreme Court had ruled that an employer may reject a candidate for employment if it lawfully discovers that the applicant “is using illegal drugs or engaging in excessive consumption of alcohol” (Loder v. City of Glendale, 14 Cal 4th 846 [1997]). The question that Ross’ case raised was whether the Compassionate Use Act required employers to accommodate medical marijuana use and whether the law otherwise protected the employment of medical marijuana users.


RagingWire argued that it did not violate California’s anti-discrimination laws or the Compassionate Use Act of 1996. The company argued both that California’s medicinal marijuana law was likely trumped by federal law that categorized marijuana as an illegal controlled substance without carved-out exceptions. Additionally, RagingWire argued that even if California’s medicinal marijuana laws were valid, there was no obligation extended to employers to accommodate marijuana users.


The California Supreme Court reasoned that Ross’ position “might have merit if the Compassionate Use Act gave marijuana the same status as any legal prescription drug.” Marijuana, however, is illegal under federal law. Thus, it is not possible to equate marijuana with a legally prescribed drug that would trigger the employer’s duty under the respective anti-discrimination laws. The California Supreme Court also confirmed its narrow view of the Compassionate Use Act as providing immunity from criminal liability.


The lesson from this case is that employers should clearly state the company’s position on medical marijuana in its drug-free workplace and drug testing policies. These policies must be reviewed to prohibit all illegal drug use, and not just use that occurs on the job and on company premises.


Medical marijuana laws are inconsistent with federal law, but for many states that provide for medicinal marijuana use, the issue of workplace accommodation is still unresolved. If there is no ruling by a state’s highest court, specific state law and legislative history should be analyzed to determine whether an employer has a burden to accommodate a medical marijuana user.


Alliance groups who support the use of medicinal marijuana will most likely continue to challenge employment decisions based on medicinal marijuana use. In California, at least for now, employers can exhale in relief and refuse to hire medicinal users of marijuana.


Workforce Management Online, February 2008 — Register Now!

Posted on February 21, 2008June 27, 2018

Special Report Mid-Market Outsourcing Moving Toward the Middle

Are midmarket companies the new center of the HRO universe?

It’s true that the number of U.S. companies with 3,000 to 15,000 employees with multi-process HR outsourcing deals is still small, and activity at that level remains relatively uncharted.


However, company executives, industry analysts, deal makers, vendors and other observ- ers agree that a confluence of factors could drive the midmarket HRO business to new heights during 2008, outpacing activity at the troubled large-market level.


Here’s why: The cost of doing a midmarket multi-process HR outsourcing deal is dropping, as is the time vendors need to get outsourcing contracts up and running. Many midmarket companies appear willing to accept the standardized technology platforms midtier vendors are offering if it means they don’t have to take on the dual headaches of transforming processes and upgrading technology themselves.


At the same time, more vendors are targeting midmarket customers, and a couple—Ceridian and Northgate/Arinso—are receiving infusions of private equity funding for that purpose.


The list of vendors now includes some top-tier players who’ve dipped into the midmarket for customers while larger buyers hold off signing huge deals as they reassess outsourcing strategies.


The Human Resources Outsourcing Association is even getting into the act, forming a special interest group for midmarket companies to satisfy the demands of members who’ve felt underserved until now.


“I’ve seen it, I know it works,” says Lisa Knutson, the HR executive who’s chairing the HROA midmarket special interest group and who previously helped orchestrate a large-market outsourcing deal at Fifth Third Bank. “It can work for the middle market as well.”


But there are some clouds on the horizon.


For one, midmarket companies need to have a better handle on the internal processes that they want outsourced. At the midmarket level, “a good half of the RFPs that come out are garbage,” says one longtime industry insider who currently plays matchmaker between HRO clients and vendors and who asked not to be identified.


Second, because so little research has been done exclusively on midmarket deals, and because many deals are still so new, there’s little industrywide data on whether outsourcing is helping companies cut costs and transform their HR practices.


Also, some industry watchers believe growing interest in “software as a service” as a delivery method for HR applications could put a damper on the outsourcing business model. Others, though, maintain that in the long run, software as a service will complement rather than compete with outsourcing.


Finally, a substantial number of midmarket companies still want to simply “lift and shift” their existing HR processes to an outsourcer rather than convert to a standard platform. “They want the status quo and someone else to do it. I think that’s why we haven’t seen any huge breakout,” says Lisa Rowan, HR and talent management services program director at market researcher IDC.


Whether outsourcers can convince them lift and shift isn’t a viable outsourcing strategy “is the million-dollar question,” she says.


Midmarket Ramping Up
Whatever the future holds, there’s no denying that HRO activity at midmarket companies is increasing, thanks to lower costs and faster implementation times.


Since 2002, the average price of midmarket multi-
pro­cess HRO deals has declined 40 percent, to $600 per employee, according to Everest Research Institute, an HRO market researcher and consulting firm. That’s good news for buyers because it means suppliers are getting more efficient and can deliver at a better price point, says Everest Research vice president Monica Barron.


Implementation times are down too. ADP, for example, is implementing midmarket multi-process HRO contracts in four to six months, half the time it took two years ago, says Terrence McCrossan, ADP’s vice president of vertical markets. At Ceridian, implementation cycles have dropped 25 percent over the past couple years, to between six and nine months, says Keith Strodtman, senior vice president and HRO general manager.


As a result, more deals are getting done. ADP signed 30 multi-process HRO deals with midmarket U.S. and overseas companies in 2007, while Ceridian inked eight and Northgate/Arinso signed one. From the outsourcing industry’s inception in 2000 through mid-2007, the total number of midmarket deals for three or more HR processes rose to 102, compared with 105 total large-company deals, Everest’s Barron says.


Although top-tier deals still account for 86 percent of worldwide HRO contract values, midmarket contracts are being signed at a faster rate, she says.


Phil Fersht, a longtime HRO analyst who recently joined AMR Research and blogs about the industry at “The Outsourcing Blog,” puts the total value of midmarket contracts signed since the industry’s 2000 inception somewhere between $750 million and $1 billion. That’s just the deals people know about. Getting a true picture of midmarket HRO activity has been tricky because so few midmarket contracts are announced. “We all shake in our boots when so-and-so signs so-and-so and it’s a multinational, hundred-thousand [employee] company,” IDC’s Rowan says. “But when it’s a 10,000-employee company, they don’t announce it. It’s not as sexy, so it doesn’t get assessed.”



“We all shake in our boots when so-and-so signs so-and-so and it’s a multinational, hundred-thousand [employee] company. But when it’s a 10,000-emploee company, they don’t’ announce it. It’s not as sexy, sot it doesn’t get assessed.”
—Lisa Rownen, HR and talent management services
program director, IDC

Even when vendors are willing to talk, clients aren’t. After Ceridian publicly unveiled its new midmarket clients in 2007, customers like ACCO, an office products supplier, and Johns Manville, a building materials maker, declined to discuss details, saying they didn’t want to reveal data on internal company operations.


The vacuum created by such unwillingness to share experiences is one reason HROA member Knutson felt compelled to help start a midmarket special interest group for the association.


Knutson and representatives from 14 other association members have worked since summer 2007 to craft membership benefits, meeting dates, research project proposals and other goals. The group, which also includes HR executives at Catalina Restaurant Group and Teradata, plans to officially launch sometime in March and hold its first meeting at the HRO World conference in New York in April. A daylong seminar could follow in the fall, according to Knutson.


One of the group’s priorities is establishing standards for midmarket HRO service-level agreements and other benchmarks that haven’t existed before now, says Knutson, who is vice president of human resources operations at E.W. Scripps Co. in Cincinnati.


“Being able to do a survey like what [HROA] has done in the large-market buyers group to tell us about buyers’ experiences, how satisfied they are with outsourcing” would be beneficial, Knutson says. “We’ll get there eventually.”


Knutson has an ulterior motive. Scripps, a media company with 9,200 employees, is expected to split into two publicly traded entities this year, and is researching HR outsourcing options. “We’re hoping in the next couple months to make a decision and have some type of announcement,” Knutson says.


Vying for Market Share
When they start looking, companies like Scripps will find more vendors competing in the midmarket.


Front-runners such as ADP, Ceridian and Northgate/ Arinso are being joined by vendors like Accenture, Fidelity, Hewitt and IBM—companies that traditionally limited their efforts to large-company customers.


Those vendors are seeking the midmarket’s attention because their large-market customers are tapped out, IDC’s Rowan says. Large companies are shying away from big multi-process deals following the bad experiences of outsourcing pioneers who failed to garner expected cost savings or ran into implementation problems. As a result, some are switching vendors, renegotiating contracts or, in a few cases, taking HR back in-house, according to Rowan and other analysts.


That was the case with NiSource. In December 2007, the $7.5 billion Merrillville, Indiana, energy company said it was taking back in-house the HR functions it had originally outsourced to IBM in 2005 as part of a $1.6 billion multi-tower outsourcing deal.


But analysts question how successful Hewitt, IBM and other large-market vendors will be in the midmarket space. Vendors used to working with large-market customers that demand highly customized outsourcing packages might not be able to develop the type of one-to-many technology platform it takes to turn a profit on midmarket deals.


Plus, there’s not as much money to be made on smaller customers. “Salespeople who do large HRO deals don’t want to do small ones. They make their money on big ones,” says Mark Robinson, CEO of Emportal, an HR technology provider.


Some vendors have already pulled away from the multi-process business. Aon Consulting, for one, retreated from multi-process HRO deals after failing to make much progress. The company is now refocused on selling its core pension administration outsourcing services and is actively seeking partner- ships with other HRO suppliers, says Josh Trent, vice president of business development for Aon’s employee benefits outsourcing practice in Minneapolis.


“We know that we do some things better than anything else and we’ve decided to stay true to that,” Trent says.


By contrast, midmarket specialists Ceridian and Northgate/Arinso are poised to make substantial investments after going private. In November, Ceridian closed a $5.3 billion private equity deal with Thomas H. Lee Partners and Fidelity National Financial, a Jacksonville, Florida, insurance claims handler.


“Our mantra has been ‘business as usual,’ ” says Strodtman, Ceridian’s HRO general manager, who notes that growth in the company’s multi-process outsourcing business is outpacing the industry.


In mid-December, buyout firm Kolberg Kravis Roberts & Co. made a $1.1 billion offer for Northgate, which itself acquired Arinso in August 2007. The deal is expected to go through this year.


“It’s an excellent time to be privately held, where we have reliable access to significant financial resources to execute our plan without the sensitivity to quarterly earnings announcements and the volatility of today’s credit markets,” says Treat Hull, Northgate/Arinso’s vice president of marketing. According to Hull, the buyout gives the company, which is strong in Europe and Canada, more muscle to enter the U.S. HR outsourcing market, where it’s now “a well-kept secret.”


Outsourcing Meets Web 2.0
Other vendors continue to enter the market. Among the newest are companies seeking to become an alternative to pure outsourcers by offering technology through a software-as-a-service delivery model, where HR applications are maintained by the supplier and accessed by clients via the Web.


Some midmarket companies have shied away from outsourcing because they didn’t want to lose control over processes. Software as a service gives them another option because they don’t have to outsource and they don’t have to maintain an IT structure either, IDC’s Rowan says.


Aon, for one, has introduced an HR portal that integrates the company’s pension benefits administration services with HR technology from other partners in one Web-based front end. Whether employees are enrolling in their health plan, using online education tools or looking at internal job postings, the portal supports them all regardless of the supplier, “so employees don’t have to go to another site,” says Trent, the Aon business development executive.


Emportal, the Walnut Creek, California, startup, also uses software as a service to provide a single interface to merge separately outsourced HR processes. Robinson, the company’s CEO, wouldn’t name his first two clients, but he says one is a European company with 10,000 employees, including 3,000 in the U.S. for whom Emportal has begun providing HRMS, talent acquisition applications and benefits administration.


Robinson makes no bones about Emportal’s status compared with other HRO vendors. “Right now they view us as a flea on the dog,” he says. “At some point, I hope they view us as a friend, and I think sometimes it’s OK to compete with your friends.”


While some industry watchers believe software as a service will pose a threat to outsourcing down the road, others believe the two will complement each other.


Warnings of an upcoming recession give midmarket companies yet another reason to consider outsourcing. Companies that face economic pressures from a changing business climate or offshore competition are looking for ways to shave costs off their operations, and outsourcing can do that, analysts say.


So while oil and gas companies are so cash rich right now they don’t have to worry, companies in industries like manufacturing, chemicals and pharmaceuticals are on the hot seat.


“There’s not a major pharmaceutical company that’s not looking at this,” says Lowell Williams, executive director of HR advisory services at EquaTerra, the outsourcing consulting firm that works with large and midmarket companies.


Banks are in the same boat, Williams says. The subprime meltdown means banks are looking for radical ways to cut their costs, and “outsourcing is where you turn.”


With 2008 being a presidential election year, candidates will inevitably raise the issue of outsourced jobs moving offshore, but Williams doubts anything will come of it. “It happened four years ago, it’ll happen again, and it’ll come to nothing,” he says.


The potential for multi-process HR outsourcing at midmarket companies is wide open. Midmarket companies are starting to understand how outsourcing can help them transform their HR processes, upgrade to state-of-the-art technology and possibly weather economic downturns, according to analysts and other industry watchers.


The provider community is working hard to mature, and as a result there will be better vendors out there in the next three to five years.


Customers will mature too, says Naomi Bloom, an independent outsourcing consultant in Fort Myers, Florida, who works with vendors, software makers and end-user companies. “No one expects magic,” Bloom says. “We need this business model. It is important. It is going to make a difference.”


Workforce Management, February 18, 2008, p. 26-32 — Subscribe Now!

Posted on February 20, 2008June 27, 2018

Supreme Court Rules Individual Retirement Plan Participants Can Sue Employers Over 401(k) Losses

The Supreme Court has ruled that individual participants in a 401(k) plan can sue their employers over losses, a move that many observers say could result in a deluge of lawsuits for plan sponsors.


Until now, plan participants could only sue employers over losses in their 401(k) plans through class-action suits. But in its opinion Wednesday, February 20, the Supreme Court said that under the Employee Retirement Income Security Act, individual employees can sue plan sponsors for losses on behalf of the plan.


“This should be a wakeup call to employers,” says Don Stone, president of Plan Sponsor Advisors, a Chicago-based 401(k) consultant. “They need to recognize that as fiduciaries, they have responsibilities and there is going to be a spotlight shined on them.”


In the complaint, James LaRue of Southlake, Texas, said that his 401(k) plan administrator failed to follow his instructions to move his investment from stocks to cash. As a result, he says he lost $150,000. Since LaRue’s former employer, DeWolff Boberg & Associates, was the fiduciary for the plan, the employer was named as the defendant in the case.


Wednesday’s unanimous decision by the Supreme Court, while not a surprise to industry watchers, is still “groundbreaking” because of its implications for all 401(k) plan sponsors, says Doug Hinson, a partner at the law firm of Alston & Bird.


“We are going to see a lot of small, individual negligence-based claims against employers based on this decision and that is going to have an unfortunate effect,” Hinson says.


Particularly with all of the controversy around the fees associated with 401(k) plans, this decision could really affect 401(k) plan sponsors, says Robert McAree, the retirement practice leader with Sibson Consulting in New York.


“This puts greater emphasis on plan sponsors to make sure they have reviewed all of the fee arrangements and made sure that they have provided the appropriate level of disclosure to employees,” he says.


Employers that find themselves to be targets of these claims may want to think again before they push them into litigation, no matter how great their defense is, Hinson says.


“A lot of these claims are going to be for a few hundred dollars,” he says. “Employers will have to decide if it’s really worth denying the claim or if they would be better off paying the smaller amount.”


—Jessica Marquez


Posted on February 14, 2008June 27, 2018

Democratic Leaders Oppose Revising FMLA Regulations

Democratic congressional leaders oppose regulatory changes to an employee leave law, but it’s not clear whether they will try to block them.


During and before a Senate hearing on Wednesday, February 13, the author of the 15-year-old measure, Sen. Christopher Dodd, D-Connecticut, and Sen. Edward Kennedy, D-Massachusetts, accused the Bush administration of trying to discourage workers from utilizing the law—the Family and Medical Leave Act.


Earlier this week, the Department of Labor published a 477-page proposal that would revise the FMLA for the first time since it was enacted in 1993.


Labor officials say the regulations, which they want to implement by the end of the year, would make the law more user friendly for companies and employees. They also address rules for implementing expanded leave for military families.


Democrats and FMLA advocates maintain that the regulations would undermine the law, which provides 12-weeks of unpaid leave for the birth or adoption of a child or for a worker to deal with a personal or family member’s sickness.


“A lot of these ideas seem gratuitous in many ways,” Dodd said.


He took particular exception to a proposed change that would allow employers to request a medical recertification for FMLA leave every six months.


“If you have diabetes, you have diabetes,” he said. “This is not a condition that comes and goes.”


Dodd also raised concerns about potential violation of employee privacy by allowing employers to contact directly a worker’s health care provider.


The proposals send the wrong message with the economy teetering on a recession, Kennedy said.


“When so many families are struggling, this is the worst possible time to roll back the protections of the Family and Medical Leave Act,” he said.


One way congressional Democrats could halt the regulatory process is by attaching a rider to an appropriations bill that would prevent funding for the new rules.


For now, Dodd will focus on submitting a statement during the proposal’s comment period, which lasts until April 11.


“I would hope the Department of Labor would listen to us and reject some of these regulations,” Dodd said.


Victoria Lipnic, assistant secretary of labor for the Employment Standards Administration, defended the changes.


“Without action to bring clarity and predictability for FMLA leave-takers and their employers, the department foresees employers and employees taking more adversarial approaches to leave, with workers having a legitimate need for FMLA leave being hurt the most,” she said in her prepared hearing statement.


The agency’s proposal doesn’t overhaul FMLA; it tweaks several areas in response to numerous court cases and to a request for information last year that generated 15,000 comments.


In that survey, employers indicated that the family leave part of the law was working well but they were vexed by disruptions to their operations caused by medical leave abuses. The areas that caused the most concern were serious health conditions and intermittent leave.


The new rules didn’t change the definition of a serious health condition, but they do require that two visits to a doctor for such an ailment occur within 30 days of an incapacitation.


The proposal does not amend the minimum increment for intermittent leave, which can be a few hours, but its does require employees to notify employers of an FMLA absence “prior to the start of their shift.”


Currently, about 46 percent of workers take FMLA leave without giving prior notice, according to a survey by the Society for Human Resource Management.


The Labor Department didn’t tackle any major changes, according to Jim Brown, vice president of FMLASource, an affiliate of ComPsych in Chicago.


“They tried to stay away from bigger issues, and rightly so,” he said. “It’s not up to the Department of Labor to create law. From a practical standpoint, there isn’t a lot of substance. And the substance that’s there isn’t final.”


That outcome likely disappoints the corporate world.


“From an employer’s perspective, progress has been made,” said Kevin Shaughnessy, a partner at Baker Hostettler in Orlando. “It’s perhaps not as much as [they] wanted.”


—Mark Schoeff Jr.


Posted on February 14, 2008June 27, 2018

N.Y. to Sue UnitedHealth Over Reimbursements

The reimbursement system used by most health insurers to pay out-of-network claims is flawed and results in higher out-of-pocket costs for plan members and lower costs for insurers and other payers, charges New York Attorney General Andrew Cuomo.


Cuomo announced Wednesday, February 13, plans to sue Minnetonka, Minnesota-based UnitedHealth Group Inc. and its subsidiaries for dramatically under-reimbursing out-of-network medical expenses using data provided by Ingenix, which is a unit of UnitedHealth.


Cuomo has issued subpoenas to 16 of the nation’s largest health insurers—including Hartford, Connecticut-based Aetna Inc.; Empire BlueCross BlueShield, a unit of Indianapolis-based WellPoint Inc.; and Cigna Healthcare, a unit of Philadelphia-based Cigna Corp.—to determine whether they also are underpaying providers by relying on the Ingenix’s Prevailing Healthcare Charges System.


The investigation could ultimately affect self-insured employers as well, as they often rely on Ingenix data, observers note.


Ingenix’s PHCS is used by most of the nation’s health insurers to calculate out-of-network reimbursements based on “usual and customary”—also known as “reasonable and customary”—charges for medical expenses. Ingenix says it derives these usual and customary charges by using insurers’ billing information for similar types of medical services, taking into account the type of physician and geographic location.


Cuomo charges that the usual and customary rates produced by Ingenix were “remarkably lower” than the actual cost of typical medical expenses, leading to higher out-of-pocket charges to plan members.


Cuomo also criticized UnitedHealth’s ownership of Ingenix, saying it is a conflict of interest because the insurer uses Ingenix’s data to support its own reimbursement rates.
In response to Cuomo’s announcement, UnitedHealth issued a statement defending its database.


“The reference data is rigorously developed, geographically specific, comprehensive and organized using a transparent methodology that is very common in the health care industry,” UnitedHealth said.


If the litigation determines the Ingenix system is skewed in favor of payers, it could affect self-insured employers as well as insurers since most of them rely on the same systems used by insurers to calculate health plan reimbursements, benefit experts note.


“It is bad news for several reasons. Self-insured employers use the same reasonable and customary basis for out-of-network claims, so it could lead to higher claims costs,” said Joe Martingale, an independent benefit consultant based in New York.


“The net effect is that the insurers didn’t pay enough, and self-insured employers that bought into those systems are going to be similarly affected,” said Mark A. Rucci, senior vice president at Apex Management Group, a benefit consulting unit of Gallagher Benefits Services based in Princeton, New Jersey.


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

Posted on February 14, 2008June 27, 2018

Workstream Gains Merger Partner, Loses Board Member


HR software company Workstream has landed a merger partner, but has lost a highly touted board member.

On Wednesday, February 13, Workstream said it signed an agreement to merge with the operating holding company of Empagio, which owns the venerable payroll application Tesseract.

But on February 9, prominent Stanford University business professor Jeffrey Pfeffer resigned from Workstream’s board of directors, according to a public filing with the U.S. Securities and Exchange Commission. Pfeffer’s tenure was brief: Workstream announced his appointment to the board on January 4.

Pfeffer didn’t immediately return a call seeking comment.

Gary Damiano, Workstream’s senior vice president of marketing, said the merger factored into Pfeffer’s resignation. Pfeffer faced playing a more limited role than he was expecting, Damiano said. “We’re disappointed,” he said.

On the other hand, Workstream is pleased with the merger agreement it has signed with Empagio.

“The combination of Workstream with Empagio catapults our company to one of the top three human capital management (HCM) providers overnight, and accelerates our transformation as we immediately become the only HCM company with a payroll services capability across North America,” Workstream executive chairman Michael Mullarkey said in a statement.

The combined company will serve more than 600 Fortune 2,000 firms, including such big names as Wells Fargo, Miller Brewing and United Airlines, according to a statement from Workstream and Empagio.

Under the terms of the deal, Empagio will own 75 percent of the combined entity, while Workstream will own 25 percent. Empagio CEO Seth Bernstein will become a 60 percent majority shareholder of the company. Bernstein also is slated to become CEO of the combined company.

The deal is subject to closing conditions, including governmental approvals. It is expected to close during the second half of 2008.

Workstream is one of many players in the hot talent management software market. That market refers to applications for key HR tasks such as recruiting and performance management. Talent management applications are among the fastest-growing products within the HR software arena, which is itself the fastest-growing category of business software.

Damiano portrayed the combination of Workstream and Empagio as a good fit, in that Empagio focuses on more transactional tasks such as payroll and time and attendance while Workstream’s applications are for more strategic functions such as performance and compensation management.

News of the agreement ends weeks of speculation in the HR technology arena. Workstream first announced in late December that it he had received an “an unsolicited offer from a U.S.-based payroll business to determine the viability of a merger.”

Other companies suspected of being the suitor included ADP and Paychex.

Lisa Rowan, an analyst with research firm IDC, said the deal should calm customer worries that Workstream isn’t a viable vendor.

“It shores them up financially,” she says.

Workstream reported net income of $782,411 for the three months ended November 30. But for the six months ended November 30, it posted a net loss of $4.7 million. Workstream also laid off about 15 percent of its workers in recent weeks, Damiano said. Workstream’s headcount is now about 200 employees, he said.

—Ed Frauenheim

Posted on February 13, 2008June 27, 2018

IBM Channels Workers to Public Sector

Employee engagement doesn’t end when someone leaves the payroll, according to IBM. In fact, helping workers determine a direction before walking out the door increases their affinity for the company.


A new program the technology giant will launch in July is designed to persuade employees and retirees to consider working for the Department of Treasury. The agency says it must fill 14,000 “mission critical” jobs during the next two years, including 7,950 at the Internal Revenue Service.


The Treasury talent shortage reflects a government-wide trend. The Office of Personnel Management estimates that 500,000 federal positions could come open during the next five years as baby boomers retire. To fill the gap, the OPM is trying to persuade the private sector’s baby boomers to begin “encore careers” in the public sector.


IBM is the first to sign on to FedExperience Transitions to Government, a pilot project sponsored by the Partnership for Public Service, an organization that promotes government hiring.


Neither the Treasury Department nor IBM has set a target for the number of people they want for the agency. Their primary goal is to establish a program with a low attrition rate.


The effort is part of IBM’s Global Citizen’s Portfolio, a $60 million program the company launched last summer. In addition to the $6 million to $8 million transition dimension, the initiative includes $2.5 million in funding for the Corporate Service Corps, which consists of 600 employees that IBM will send to emerging markets to work on economic and social issues.


The portfolio is IBM’s way to help employees thrive in the global economy. Even when they find a niche outside the company, IBM still benefits, according to Stanley Litow, vice president for corporate citizenship and corporate affairs.


IBM generates good will from people who start a fulfilling career in teaching or government, said Litow, a former deputy chancellor for New York City schools.


The way IBM operates on a daily basis—stressing collaboration internally and with suppliers in a $48 billion procurement system—makes its 350,000 employees a good source of talent for government, Litow said.


Challenges in luring people from the private sector to the government include a lack of knowledge about federal openings and a bureaucratic hiring process.


“There are a lot of things we can do better; we know that,” OPM Director Linda Springer said. She emphasized that federal agencies offer rich benefit packages and flexibility.


—Mark Schoeff Jr.


Posted on February 13, 2008June 27, 2018

Hollywood Writers Vote to End Strike, But Business as Usual Is Unlikely

After three months of acrimony, an armistice between Hollywood’s writers and the Alliance of Motion Picture & Television Producers was finally approved late on Tuesday, February 12. The final vote: 92.5 percent of 3,775 writers who turned out in Los Angeles and New York to cast ballots or fax in proxies voted in favor of ending the 100-day strike, according to the Writers Guild America.


“The strike is over. Our membership has voted, and writers can go back to work,” Patric M. Verrone, president of the Writers Guild of America, West, said in a statement.


But while it’s safe to say writers are heading back to work, things are hardly back to normal: Networks that had exercised force majeure clauses to slash deals with writers might not be so quick to re-sign nearly as much talent as before. Having larded prime time with reality shows and other stopgaps, many writers and agents simply do not expect scripted TV to return to previous levels next season—let alone this spring.


At every broadcast network, executives were clustered in conference rooms and around white boards Wednesday, February 13, seeking to undo the ataxia that the WGA work stoppage had unleashed on their shooting schedules and broadcast days. Hard decisions were being made about which shows would shoot new episodes, which would be scuttled, and which would be salted away until fall.


The strike was, above all things, a strike about the digital future.


Determined not to miss out on a bonanza of cash akin to the DVD and home video windfall it missed out on 20 years ago, writers did manage to successfully gain a toehold on the Web: According to a 2007 PricewaterhouseCoopers forecast, half of all entertainment industry growth will be generated through online and mobile by 2011. In the long run, many writers say, the near-term pain will have been worth it.


WGA members will next vote to ratify a tentative three-year contract with the AMPTP, according the guild.


Filed by Claude Brodesser-Akner of Advertising Age, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.

Posted on February 13, 2008June 27, 2018

SEC Denies Union’s Bid for Proxy Access at Five Companies

The Securities and Exchange Commission has permitted several companies to exclude proxy access proposals from their ballots. The approvals could set the stage for a legal battle later this year.


In four no-action letters posted on its Web site Monday, February 11, the commission decided to step aside and allow Bear Stearns, JPMorgan Chase, E-Trade Financial and apparel marketer Kellwood Co. to exclude proposals by the American Federation of State, County and Municipal Employees. Those proposals, if passed by shareholders, would have allowed shareholders to amend company bylaws to include director nominees proposed by any shareholder who has held more than 3 percent of common stock for at least two years.


The SEC also allowed Croghan Bancshares to exclude a similar proposal by an Ohio investor, Samuel Danziger. That proposal would have allowed director nominations by shareholders with more than 1 percent of common stock held for at least one year.


The five companies had sought to exclude the proxy proposals from their ballots, stating that a new SEC rule prohibits shareholders from proposing bylaw changes related to director nominations. Attorneys for Croghan Bancshares also claimed the proposal they received was “inherently vague.”


The SEC voted in November to bar shareholders from proposing company bylaw changes related to director nominations. The rule, reportedly pushed through by the commission’s Republican majority, was denounced by then-Commissioner Annette Nazareth, labor investors, state pension funds and Democratic lawmakers.


At a summer open meeting, the SEC floated another rule that would somewhat open up the proxy process to shareholders. That more restrictive access rule did not have enough votes to pass, either, because Democratic Commissioner Roel Campos had resigned before the vote was held.


A legal battle over proxy access wouldn’t be unprecedented. In 2006, AFSCME won a court ruling against American International Group, allowing the union to propose a rule to nominate its own slate of directors. The court in that case told the SEC to clarify its rules on proxy access, which set the stage for last year’s proxy access vote.


Rich Ferlauto, AFSCME’s director of corporate governance and pension investment, noted that AFSCME will respond to the SEC’s decision in the next few weeks.


In an interview earlier this year, he told Financial Week that the 2nd U.S. Circuit Court of Appeals, where such lawsuits would likely be filed, is a good venue for his union because the court is generally sympathetic to shareholder concerns.


Filed by Nicholas Rummell of Financial Week, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com

Posted on February 12, 2008June 27, 2018

Companies Offer Housing Assistance to Retain Employees

Employers that sponsor housing assistance programs see them as a popular benefit that fosters employee loyalty and reduces turnover. Positive outcomes from the initiatives are likely to grow during the current mortgage market meltdown.


CVS Caremark launched Prescriptions for Homeownership in 2005 in Washington and last year in Los Angeles. The company, which has helped 46 employees in the capital and six in California close on homes, offers $500 in down payment assistance.


CVS also makes an annual contribution to Mt. Lebanon Baptist Church in Washington to support a housing education program that the church conducts with Freddie Mac.


Harley-Davidson Motor Co. gives eligible employees $2,500 in down payment help to purchase homes in neighborhoods surrounding company facilities in the Milwaukee area. From 2000 to 2005, the motorcycle manufacturer provided $67,500 in assistance to 27 employees.


CVS and Harley-Davidson were honored on Capitol Hill during an event Monday, February 11, sponsored by Homes for Working Families. The nonprofit group gave Pioneer Awards to 14 companies that have launched housing assistance programs.


The organization targets families who make between 60 percent and 120 percent of the annual median income for their region. That amounts to between $46,000 and $92,000 in San Jose, California, and $24,000 and $48,000 in New Orleans. Nationally, it’s $25,000 to $50,000.


In addition to CVS and Harley-Davidson, award recipients were Aflac, Applied Materials Inc., Brownstein Hyatt Farber Schreck LLP, Citizens Financial Group, the cities of Columbia, South Carolina, and Seattle, Johns Hopkins University, Northrop Grumman Corp., the Schwan Food Co., Honeywell, Unite Here, and the University of Chicago and University of Chicago Medical Center.


Each of the companies offers housing benefits, which include help with down payments, education and counseling as well as rental, renovation and construction assistance. Homes for Working Families is distributing a guidebook on housing programs to about 2000 employers, local governments and advocacy groups.


CVS housing assistance pays off in engagement.


“We really look at this as a retention tool,” said Steve Wing, director of government programs. “If we can help [employees], especially in hard times, the loyalty is going to be there.”


Harley-Davidson sees its program as an investment in its community. It targets its initiative, called “Walk to Work,” at neighborhoods near its offices, which have moderately priced, older and architecturally unique houses.


“It builds a lot of stability and equity for us in the neighborhoods where we do business,” said Tony Shields, Harley-Davidson manager of community relations.


Both Wing and Shields stress that the educational component is as beneficial to workers as the monetary assistance.


Harley-Davidson has an annual $6000 contract with Select Milwaukee, which administers the housing program and provides credit counseling. In Washington, Wing said that the CVS relationship with Mt. Lebanon Baptist Church was the catalyst for success.


Employees felt more comfortable navigating the Washington housing market with their minister, the Rev. Lionel Edmonds, involved in the process along with Freddie Mac.


“Who do people trust the most? The church,” Wing said. “We see that as a tremendous partnership and something we can build on. We don’t want the loan companies to have the upper hand. We want to make sure the best interest of the employee is met.”


Local governments are also participating with companies in housing assistance programs. In the Chicago area, Mayor Richard M. Daley, the Illinois Housing Authority and 60 employers work together.


“If they can prevent a predatory loan or a foreclosure, that promotes workforce stability,” said Robin Snyderman, vice president of community development at the Chicago Metropolitan Planning Council. “If people are in crisis at home, it’s much harder to do a good job at work.”


With the economy potentially heading into a recession, housing worries aren’t likely to dissipate. “Home affordability will continue to be a problem for American families for quite some time,” said Beverly Barnes, executive director of Homes for Working Families.


—Mark Schoeff Jr.


Posts navigation

Previous page Page 1 … Page 141 Page 142 Page 143 … Page 591 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