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Posted on December 4, 2007July 10, 2018

Survey Talent Management Systems a Source of Frustration

HR executives seem to be generally satisfied with the way in which health care benefits and pension plans are administered, but they are not altogether happy when it comes to handling talent management.


These are some of the findings in the Watson Wyatt 2007 HR Technology Trends report, which surveyed 182 large and midsize companies with median HR budgets of $1,668 per employee; the median HR budget in the United States is $1,633 per staffer.


Survey participants cite frustrations with process efficiencies and quality of services as the primary reasons for their dissatisfaction with talent management administration. Much of the discontent is embedded in the relative newness of comprehensive talent management systems, says Nov Omana, founder of consultancy Collective HR Solutions.


“We have been perfecting health care and pension plan administration for quite some time,” he notes. “That’s not the case with talent management, so we still have some ironing out to do.”


Another likely culprit for the dissatisfaction is that sometimes vendors peg themselves as comprehensive talent management suite providers when they really are not, deflating client expectations when the systems don’t perform accordingly. 


Technically speaking, a true talent management platform should cover five key areas: recruitment, compensation management, performance management, succession planning and career development.


“I can’t think of a single provider that performs all of these functions,” Omana notes. “There are some that do a beautiful job at several of these tasks, but not all five.”


The Watson Wyatt report, released in late October, also reveals that succession planning, specifically, is slated for a dramatic transformation. Some 33 percent of survey respondents say they plan to drop manual entry succession planning systems in favor of automated technology platforms, according to Brian Wilkerson, national practice director for talent management at Watson Wyatt.


Many employers let succession planning languish, but that’s changing based primarily on pressure from company boards of directors who seek a talent pool and an increased awareness of the correlation between sound succession planning and a company’s financial success.


“When you think about it, succession planning is one of the most critical aspects of talent management,” Wilkerson says. “Companies that have a strong program in place are ensuring a stable future for themselves.”


Brian Stern of the Shaker Consulting Group says he is not surprised by the pending evolution of succession planning programs. He notes, however, that there could be bumps along the path because—unlike recruiting or compensation—succession planning means different things to different companies.


“Talent acquisition, for instance, has very specific goals, such as how many people a company wants to hire,” Stern says. “Succession planning is fuzzy.”


Some companies will want it as a tool for simple tasks, like planning who will assume responsibilities once a certain individual retires. Other employers, however, will leverage succession planning for more complex strategies, like identifying and developing high-potential groups within the company.


Stern suggests that employers pinpoint exactly what their needs are before embarking on any upgrades of their succession planning systems. “That way companies can avoid unpleasant surprises along the way,” he notes.


—Gina Ruiz


Posted on November 30, 2007July 10, 2018

Workers Opting Out Of Employer Health Coverage

Employees in the Kansas City, Missouri, area are opting out of employer-sponsored health insurance in favor of individual coverage, a trend that could spread to other regions, according to brokers and the local offices of BlueCross BlueShield of Kansas City.


Roger Foreman, chief marketing officer at the health insurance organization, says a surge in applications for individual health insurance during the past year has coincided with small employers dropping coverage and large employers shifting more of the cost to employees.


Foreman says 18 percent of the group’s customers have chosen individual coverage, compared with the 9 percent average across BlueCross BlueShield plans nationwide.


The rise in the cost of family coverage is a major factor, he says. Parents are opting to be covered as an individual under their insurer, then buy health insurance for their children in the individual market. This has caused a boom in the number of individual policies being taken out for children, which represents 40 percent of new business in the individual market, Foreman says.


“As we spoke to people, they would say dependent costs are getting so high, I can’t afford to cover my children,” he says.


It costs about $60 to $80 a month per child to buy health insurance through BlueCross BlueShield of Kansas City. For parents with one child, individual coverage can be less expensive than family coverage through an employer, especially if an employer offers a high-deductible health plan, says Jim Heckman, a broker in Kansas City.


“It’s the same cost if a person has one kid or four,” he says. “Especially if you have one child, it’s less expensive to go on an individual plan rather than a group plan.”


In recent years, health care cost increases have stabilized, allowing small employers to continue to offer health care. The cost that employees pay in premiums has increased at a higher rate at large companies, according to the Kaiser Family Foundation. Premiums paid by employees at large employers increased by 6.4 percent last year; at small employers, the increase was 5.5 percent.


Employees opting out could increase health care costs for employers, says heath care consultant Brian Klepper, if sick children remain under an employer’s health plan while the healthy ones turn to cheap individual coverage.


“The way it often works is that if you have a fragmented market, the people who hang in there are the ones who can’t get coverage anywhere [but through their employer],” Klepper says. “And that ends up being bad risk.”


Klepper says companies are better off finding health care savings in ways that don’t shift costs to employees.


In anticipation of what BlueCross BlueShield believes will be a growing market, the health insurer developed, with the help of health care technology company Benefit Focus, a Web service called Blue Direct, which makes it easier for people to apply online for health coverage.


“In the next three to five years, you are going to see a lot more about this market,” he says. “It’s the only real growth opportunity in the insurance business.”


—Jeremy Smerd

Posted on November 30, 2007July 10, 2018

Pension Bill Technical Corrections Likely to Live Up to Name

With just weeks remaining before the biggest changes in pension funding rules in more than 30 years become a reality, it looks as if Congress will leave the law intact despite a change in leadership on Capitol Hill.


As is often the case with legislation as massive as the 1,099-page Pension Protection Act, the House and Senate are considering technical corrections to the bill, which was signed into law in August 2006 and goes into effect January 1.


The reform measure, designed to shore up the pension system, was dense, complicated, controversial and developed by Republican majorities that no longer exist. But Congress isn’t revisiting its substance.


“They have very deliberately tried to make this a pure technical correction,” says Kyle Brown, retirement counsel at Watson Wyatt in Washington. “For a pension bill, it was pretty contentious. I don’t think there’s a whole lot of interest in reopening those discussions.”


In fact, there’s not much momentum for bill modifications, which would tweak an underlying measure requiring companies to fund 100 percent of their pension liabilities, curb credit balances and limit the smoothing of interest rates.


As of early December, House and Senate committees had not voted on correction bills. They could still be attached to other tax legislation.


Another bill in the mix would have a much more profound impact. Written by Reps. Earl Pomeroy, D-North Dakota, and Eric Cantor, R-Virginia, it would delay implementation of reforms until January 1, 2009, to give the Departments of Treasury and Labor time to write regulations related to the bill.


So far, few of the final rules have been promulgated, leaving companies unsure how to meet the law’s requirements.


Pomeroy lashed out about the delay at a House hearing in late October on an unrelated issue—401(k) fees. The congressman took advantage of the opportunity to give government officials at the meeting a piece of his mind.


“Regulations haven’t been completed yet in critical areas,” Pomeroy said.


Some guidance exists, but not enough, according to Robert Davis, senior manager at Deloitte Consulting in Washington. He likens the situation to a jigsaw puzzle.


“We’ve got some of the border parts together and some the interior pieces, but the funding rules are the core, and we don’t have that yet,” he says. “It’s going to be hard for employers and their plan sponsors to fully comply.”


Although the business community asserted that pension reform would increase the costs and volatility of defined-benefit plans, they have been bracing for the changes for 16 months.


That contributes to the corporate lobby holding back its support for Pomeroy’s proposed delay.


“At this point, it might be more confusing than helpful,” Davis says. “The response has been more tepid than some might have thought.”


But Washington will have to be patient with companies that make mistakes in revising their pension plans, according to Brown.


“You have to hope that government agencies will respect that a good faith effort has been made with a lack of guidance,” he says.


—Mark Schoeff Jr.


Posted on November 30, 2007July 10, 2018

Search Google for Top HR Practices

No corporation has transformed the practice of HR more dramatically and successfully in the last decade than Google.


Google has changed the DNA of the HR function by not accepting that the old way is the right way. Many people are already aware of the company’s radical approach to recruiting, but other aspects of HR at Google are just as dramatic and exciting. If you expect your HR function to make a major contribution to your firm’s bottom-line results, comparing yourself to the world’s first true “talent machine” is essential.


No foray into Google HR practices would make sense without some understanding of the impressive results the company’s approach has helped produce, the most dramatic of which is employee productivity. The average Google employee generates more than $1 million in revenue each year.


This metric is a good indicator of how an organization leverages its workforce. Yahoo currently produces just $564,000 per employee, and Microsoft $647,000. This level of productivity has pushed Google stock into the stratosphere, with share prices recently topping $700—no small feat, given that Google only went public in August 2004 at a price of $85.


Google acknowledges the huge role talent management plays in its success by noting in Securities and Exchange Commission filings that the continued attraction, retention and motivation of its employees are key factors behind its success.


By focusing on developing effective management practices and letting others tell its story, Google has established an employment brand that is arguably the strongest in the world. On its first try, it was ranked No. 1 on Fortune’s “100 Best Companies to Work For” annual ranking. And Google recently was identified as the No. 1 choice of undergraduates and MBAs by BusinessWeek. These factors keep employee turnover below 5 percent, as thousands of job seekers apply daily. Google expects to receive more than 2 million résumés this year—nearly 6,000 a day!


Google is achieving these results by using innovative HR approaches. Take its approach to development, unique by any standard.


Rather than emphasizing traditional training, the development effort is decentralized. Development leaders at Google state that “training courses are a tiny piece of what we do.” As an organization, Google can shift the burden of learning to employees because it focuses on hiring individuals who already demonstrate a love for self-directed learning.


It’s essential that Google hire people who learn rapidly and can innovate. The work at Google changes so quickly that few employees end up doing what they were initially hired to do. To provide time for learning, Google utilizes a 70/20/10 time allocation model that leaves as much as 30 percent of an engineer’s time to his or her own discretion. Ten percent of work time is allocated for “innovation, creativity and freedom to think,” while 20 percent is for “personal development that will ultimately benefit the company.”


Google also emphasizes development through on-the-job learning by coordinating continuous movement across projects. Additional employee development occurs through new-hire mentors, frequent departmental “tech talks” and an amazing on-site speaker series that has featured former news anchor Tom Brokaw and Sen. Hillary Rodham Clinton.


Google’s approach to motivation and performance management also is unique. Google’s primary motivation mechanisms are constant change, rapid decision-making and an atmosphere that not only encourages ambitious ideas but expects them.


By limiting bureaucracy and providing approvals for employee ideas in days rather than months, Google maintains employee passion and energy. The company also supports this culture with an array of what’s been called “outrageous benefits,” including free gourmet meals, company movie day, purchase grants for hybrid cars and free Wi-Fi-enabled shuttles that carry employees to work.


Rounding out this unique performance environment is an unusual attitude about performance management. Because every hire has been extensively screened, Google believes that all employees have high potential. So if someone does fail, Google managers take the attitude that they’re to blame, not the employee.


What a groundbreaking concept. And how like Google.


Workforce Management, November 19, 2007, p. 23 — Subscribe Now!

Posted on November 30, 2007July 10, 2018

Oracles Fusion at the Fore

Oracle’s much-anticipated Fusion project, aimed at blending the best of various software product lines into a new set of applications, is approaching some key tests. 2008 is the year Oracle has pledged to start delivering its Fusion applications, which are slated to include human resources software.

Some customers and analysts have made critical comments about Fusion recently, saying Oracle has been vague about plans for the applications and questioning whether the project is on schedule. Expectations also are building up for the HR applications that will eventually emerge.


AMR Research analyst Christa Degnan Manning says Oracle is under pressure to produce software that smartly weaves in social networking and collaboration features, which are becoming priorities for organizations.


“Oracle really has to get the first version of Fusion right,” she says.


Oracle officials project confidence that Fusion will not fizzle. At the company’s recent 2007 user conference in San Francisco, Oracle provided an overview of Fusion characteristics and highlighted progress with related “middleware,” which is software that connects separate programs. During a keynote speech, Oracle chief executive Larry Ellison said the first three Fusion applications, in the area of sales productivity, will be available in the first half of next year.


Ellison also touted Fusion as reaching a new height in business software, beyond merely enabling efficient operations.


“It’s not going to automate a process,” he says. “It’s going to help you make better decisions.”


Fusion debuts
    Oracle first announced plans for Fusion in early 2005, soon after the company acquired rival software maker PeopleSoft and its line of business applications. In late 2005, Oracle told Workforce Management that heavily used human resource applications including payroll, benefits management and recruiting would be rolled out in 2008.


Asked about the current schedule for releasing Fusion HR applications, Oracle is less definite. “We are not disclosing additional information about Fusion Apps availability at this time except that Fusion Applications will begin rolling out in 2008,” Oracle spokeswoman Amy Grady said in an e-mail.


At Oracle’s OpenWorld conference, Ellison said the first Fusion applications are designed to tell salespeople who their customers are, which products they ought to sell, and which references they should use to sell successfully.


Sales is a critical area for organizations. But by prioritizing the sales arena, Oracle is running counter to a market trend showing HR applications to be the fastest-growing area of business software. Thanks in part to concerns about talent shortages, revenue from “human capital management” applications is slated to rise 11 percent annually between 2006 and 2011, to $10.6 billion, according to AMR Research.


As a result, the market is fiercely competitive. Oracle and archrival SAP each account for 24 percent of total HR software revenue, AMR Research says. But other players include a host of firms focused on “talent management,” meaning key HR functions such as recruiting, performance management and employee development. There also are vendors that sell a broader range of HR and business software, including Lawson and Workday.


Workday was founded by former PeopleSoft leader Dave Duffield soon after he failed to prevent Oracle’s takeover of PeopleSoft. Workday’s applications are designed to be easier to use, easier to change and easier to integrate compared with traditional software from vendors such as Oracle and SAP. Stan Swete, vice president of product strategy for Workday, says he doesn’t hear potential customers talking about Fusion so much as they are fed up with the difficulty of upgrading to later versions of Oracle’s existing PeopleSoft and Oracle E-Business Suite products. Such software switching can last months if not a year or more.


“Each of these upgrades is becoming more and more like an implementation,” Swete says, referring to the process of installing software in the first place. As a result, Swete says, customers are thinking: ” ‘So why wouldn’t we consider implementing something new.’”


Upgrade or implementation?
   Oracle has argued that moving from existing Oracle applications to Fusion will be an upgrade rather than an implementation, and that it will be simple to make upgrades once Fusion is in place.


But there have been questions recently about Oracle’s progress on Fusion. Pat Walravens, equity analyst at investment firm JMP Securities, wrote in a November research note that “something seems to have gone awry with the original Fusion applications plan, which was to deliver some major applications, such as ERP [enterprise resource planning], CRM [customer relationship management], and core HR, by the end of 2008.”


What’s more, some argue Oracle has been fuzzy about Fusion. “We’re coming up on almost three years now,” says Jason Averbook, chief executive of consulting firm Knowledge Infusion. “Customers are saying, ‘Just tell me the truth. What is Fusion, and what should I do?’ “


During the recent OpenWorld show, one attendee said she has been disappointed by the amount of information Oracle has provided about Fusion at its annual conferences.


“Each year, I don’t get as much information as I’d hoped,” she says.


The attendee, a systems administrator at a financial services firm that uses Oracle, spoke on condition of anonymity for fear of reprisal from her employer.


At a press conference during OpenWorld, Charles Rozwat, Oracle executive VP, argued customers have received an adequate product road map.


“Customers I talk to are very happy with the amount of information they have today,” Rozwat says.


At OpenWorld, Oracle officials outlined certain features of the coming Fusion applications. These include a “service architecture” designed to make it easy to integrate Fusion software with other business applications, “embedded business intelligence” to mine data for making better choices, and “software as a service” readiness—meaning the applications can be delivered over the Internet besides being installed on a customer’s internal computers.


Outside views
   Some observers are satisfied with Oracle’s disclosures about Fusion. Wayne Fuller, application systems engineer for financial services company Wells Fargo, says he is “absolutely” satisfied with the amount of information Oracle has given on Fusion applications.


Analyst Walravens wrote in his research note that Oracle’s Fusion road map “is probably good enough for now, as most customers seem focused on preserving the value of their existing investments.”


But that doesn’t mean the pressure is off when it comes to Fusion HR applications. Organizations have become more and more focused on closely connected talent management “suites” and emerging social networking tools. “Web 2.0” technologies such as blogs, wikis and corporate social networks are seen as potential spark plugs for increased collaboration, productivity and—ultimately—profits.


Oracle is keenly aware of these trends. Its OpenWorld conference went so far as to include an “Unconference,” where attendees could generate their own sessions. And at the annual HR Technology Conference & Exposition in Chicago this October, Oracle demonstrated how a test version of its WebCenter product could allow employees to set up informal networks devoted to a particular topic, as well as alert colleagues about job openings.


Degnan Manning says the HR tech conference demonstration heightened customer anticipation that Fusion will incorporate social networking tools. Building in such tools adds to the challenge of meshing the best features of Oracle’s existing product lines, she argues.


“Fusion has become increasingly strategic and complex,” Degnan Manning says.


Still another hurdle for Oracle is continuing to upgrade its existing applications even as it creates Fusion. But Oracle argues it is up to the task. Ellison, in fact, portrays Fusion as central to the company’s future. People ask when Fusion will be “done,” he told the audience during his keynote address.


“What do you mean by done?” Ellison says. “I think we’ll be working on Fusion applications for a long time.”


Right now, though, observers are starting to expect some concrete results from nearly three years of work on Fusion. And Ellison and crew have yet to convince everyone that Fusion will be a potent force, at least initially.


Fuller of Wells Fargo, for example, has no desire to move to Fusion’s first release.


“I don’t think Fusion will in two years be as good as PeopleSoft is from a functional standpoint,” he says. “Any new product has to develop.”

Posted on November 29, 2007July 10, 2018

Wachovia to Recruiters Let’s Make a Deal

Wachovia Securities, in a move to hang on to as many brokers as possible in its merger with A.G. Edwards & Sons, is attempting to woo independent recruiters with a lucrative offer to encourage them to stop picking off Edwards’ reps and moving them to rival broker-dealers.


For certain recruiters, Richmond, Virginia-based Wachovia wants to increase the commission it pays to 10 percent of brokers’ previous years’ fees and commissions, almost doubling the industry norm of a 6 percent commission.


The agreement is surprising and almost unheard of, recruiters and brokerage executives say.


Of course, there’s a catch to get that extra commission. Recruiters have to sign a contract that prohibits them from moving St. Louis-based A.G. Edwards’ reps to other firms. The 10 percent commission would be for future recruiter business with Wachovia and would max out at $75,000.


Wachovia began offering recruiters the deal last month, and one recruiter who turned it down says he sees the offer as having two potential meanings.


“The increase in fees for recruiters confirms the war for talent,” says Danny Sarch, a recruiter in White Plains, New York. “It makes sense that firms have to pay more to get recruiters to pay attention to them.”


But the offer could also “speak to an element of fear that A.G. Edwards guys are at risk.”


Wachovia declined to comment on the deal it proposed to recruiters, but said it was “pleased” with its retention levels of Edwards’ reps.


“The attrition rate is very much in line with where it was at this point in the Prudential Securities merger,” Tony Mattera, a spokesman for Wachovia, wrote in an e-mail.


The firm merged with Prudential Securities of New York in 2003.


Among higher-producing brokers, the attrition rate is “slightly better than it was at the comparable point in the Prudential deal, which ended up being about 3 percent,” he says.


The move is “smart business on Wachovia’s part,” says Mindy Diamond, president of Diamond Consultants, an executive search firm in Chester, New Jersey, that works with financial advisors and reps.


Before the deal was offered, recruiting by Wachovia branch managers could be somewhat haphazard because the branch manager determined the recruiter’s commission, she says.


Diamond declined to say whether she signed the agreement with Wachovia.


At the end of May, Wachovia Corp. of Charlotte, North Carolina., the parent of Wachovia Securities, said that it was buying A.G. Edwards for $6.8 billion. The deal closed October 1.


Wachovia, which has 10,700 reps and advisors across a variety of platforms, has been built on numerous acquisitions. At the time the merger was announced, A.G. Edwards had about 6,600 reps and advisors.


Somewhere between 300 and 400 of those reps have moved to other firms, says one industry recruiter, who asked not to be identified.


For some, Wachovia’s acquisition of A.G. Edwards has turned quite contentious.


A common criticism of the deal has been that the two cultures are not likely to mix, with A.G. Edwards being an independent regional firm run by its family owners for most of its history and Wachovia a national behemoth owned by a bank.


Ben Edwards III, the former CEO who retired in 2001, caused a stir in June at Edwards’ shareholder meeting when he read a speech criticizing the deal.


In October, A.G. Edwards filed lawsuits against at least 10 of its former brokers and employees in an effort to stop the drain of client assets. Bitter fights erupted in California over Edwards’ loss of reps and employees to Stifel Nicolaus & Co., also of St. Louis.


And there have been some big winners in the race to grab Edwards’ reps, according to industry sources. For example, Merrill Lynch & Co. has had the most success, so far bringing in almost 100 reps and advisors, one industry source said.


Merrill Lynch declined to confirm the number of reps and advisors it has recruited so far from Edwards. The New York company is making “an aggressive effort to attract select wealth management employees from A.G. Edwards,” Erik Hendrickson, a Merrill Lynch spokesman, wrote in an e-mail. “It is a firm for which we have great respect, and a talent pool whom we believe comes from a background and culture similar to that of ours here at Merrill Lynch.”


Another big winner is LPL Financial Services of San Diego and Boston, which has recruited about 80 advisors from A.G. Edwards but could bring in as many as 100 by the end of the year, another industry source says.


Some in the industry are surprised at how aggressive Merrill Lynch has been at pursuing Edwards’ reps. Recruiters and brokerage executives view Merrill’s move as payback for Wachovia Securities’ pursuit of brokers formerly with the Advest Group of Hartford, Connecticut, which Merrill acquired in 2005.


Up to 20 percent of the firm’s original 515 reps left before the deal closed that December. Many of those were bigger producers.


Merrill’s pursuit of Edwards’ reps has been unusual, industry sources say.


For example, Merrill Lynch recently offered a $300,000-producing broker an upfront bonus of 170 percent of his previous year’s fees and commissions, according to one head of recruiting at a rival brokerage firm, who asked not to be identified. A deal at that level for a lower-end producer at a wirehouse is “almost unheard of,” the executive says.


Diamond doesn’t agree with the assessment that Merrill is looking for payback against Wachovia regarding what happened with Advest.


“Every firm was hot on the trail of those guys,” she says.


The reality of the brokerage business dictates aggressive moves by many firms, Diamond says.


“When a broker is recruited away, there is extra motivation for that firm to go get a top team” from that rival broker-dealer, she says.


Filed by Bruce Kelly of Investment News, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.

Posted on November 29, 2007July 10, 2018

A 401(k) Fee Litigation Scorecard

Plan sponsor/managerU.S. District CourtStatus
ABB Western MissouriAwaiting trial second quarter 2008
BechtelNorthern CaliforniaDenied motion to dismiss May 2007
Boeing Southern IllinoisAwaiting trial second quarter 2008
Caterpillar Western MissouriAwaiting trial
DeereWestern WisconsinDismissed June 2007
ExelonNorthern IllinoisDelayed June 2007
Fidelity InvestmentsWestern WisconsinDismissed June 2007
General DynamicsSouthern IllinoisAwaiting trial
August 2008
General MotorsSouthern New YorkAwaiting trial
(no date set)
Kraft Foods GlobalSouthern IllinoisDenied motion to dismiss May 2007
International PaperSouthern IllinoisAwaiting trial second quarter 2008
Lockheed Martin SouthernIllinois Awaiting trial September 2008
Northrop GrummanCentral CaliforniaDismissed one claim May 2007
RadioShackNorthern TexasAwaiting trial
(no date set)
United TechnologiesConnecticut Dismissed one claim August 2007

–Originally published in Pensions & Investments, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.

Posted on November 27, 2007July 10, 2018

More Health Insurers Adopt Doctor Ranking Model

More health insurers have adopted New York Attorney General Andrew Cuomo’s doctor ranking model, thereby agreeing to fully disclose to consumers, physicians and plan sponsors the cost and quality metrics they use to rank doctors.


Minnetonka, Minnesota-based UnitedHealthcare Services Inc., along with New York-based insurers Group Health Inc. and Health Insurance Plan of Greater New York, are the most recent insurers to agree to apply the principles from the New York attorney general’s model.


They join Cigna Healthcare, a unit of Philadelphia-based Cigna Corp.; Hartford, Connecticut.-based Aetna Inc.; and Empire Blue Cross Blue Shield, a unit of Indianapolis-based WellPoint Inc., in committing to implement the doctor ranking model.


“We are witnessing the insurance market correcting itself,” Cuomo said in a statement. “Leaders in the insurance industry are setting the standard for rating doctors by using a model that was created with the input of physicians and consumers.”


Under the model, insurers must make certain that doctors’ rankings are not based on cost alone and must disclose the extent to which cost factors into their rankings. The insurers also must rely on national standards to measure quality and cost efficiency and take several steps to ensure more accurate physician comparisons.


The doctor ranking model was a joint effort by the attorney general, the Chicago-based American Medical Association, the Medical Society of the State of New York and several consumer advocacy agencies. It is the result of Cuomo’s investigation of physician ranking programs and concern that the rankings were based on cost alone.


“Having three of the largest insurers in the country pledging to adopt the principles of the attorney general’s model … is an important victory for consumers everywhere,” Debra L. Ness, president of the National Partnership of Women and Families, said in a statement.


The agency is one of the consumer advocacy organizations that helped build the model.


Dr. Reed Tuckson, executive vice president and chief of medical affairs for UnitedHealth Group, said in a statement that UnitedHealthcare is committed to the transparent information model because physician performance assessment programs play a key role in improving health care quality and cost efficiency.


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

Posted on November 26, 2007July 10, 2018

Most Employers Ease Company Stock Requirements

Going well beyond what federal law requires, most U.S. employers now allow 401(k) plan participants to immediately sell matching contributions made in company stock, according to a recent survey.


The Hewitt Associates survey of 300 employers finds that among companies that match salary deferrals exclusively with company stock, 67 percent allow participants to diversify immediately.


That’s a huge change from 2005, when less than one-quarter of employers allowed the immediate sale of company stock contributed as a 401(k) match. That also exceeds requirements of a 2006 federal law that requires companies to allow employees to divest company stock contributed as a match after three years.


That diversification requirement was triggered by the meltdown of one-time energy giant Enron Corp., which exclusively matched 401(k) plan participants’ contributions with Enron stock and then required participants to hold the shares until age 50.


That meant participants were powerless to take action and sell those shares as Enron’s woes became public. Ultimately, the shares became virtually worthless, resulting in tremendous financial losses to many participants.


Additionally, the survey found that fewer employers now exclusively match salary deferrals with company stock, with just 23 percent doing so this year, down from 36 percent in 2005.


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

Posted on November 26, 2007July 10, 2018

DHS Rule Blocked

The federal government’s effort to curb illegal immigration by targeting the workplace was dealt a severe blow this month by a California judge.

   While it wasn’t a knockout punch, the Bush administration likely will be tied up in court for weeks or even months rather than implementing a Department of Homeland Security regulation forcing companies to resolve within 90 days discrepancies between a worker’s name and Social Security number or fire the employee.

   But employment lawyers caution that U.S. District Judge Charles Breyer’s preliminary injunction against the regulation doesn’t mean the government’s increased work-site enforcement efforts will slow down. The DHS also might appeal Breyer’s decision or revise the “no-match” rule to satisfy the court’s concerns.

   Under the proposed regulation, a company’s failure to act on a so-called no-match letter could be construed as a violation of immigration law. But if it follows the rule in good faith, the DHS would not use the letter in an enforcement action. Companies currently aren’t compelled to clear up inconsistencies.

   Breyer blocked the rule, however, holding that the DHS failed to articulate why a no-match letter by itself should indicate that a worker is illegal. He also said the agency did not analyze the compliance costs for business and exceeded its authority in offering protection from prosecution to companies that adhere to the no-match rule.

   Although the case was heard by the Northern District of California—a jurisdiction normally not sympathetic to the government—Breyer shot down several of the arguments against the regulation made by business and labor group plaintiffs. In addition, it is conceivable the DHS could provide sufficient answers to the court’s questions.

   “It’s the court saying to DHS: You need to explain yourself,” says Elena Park, an attorney at Cozen O’Connor in Philadelphia. “It’s definitely not over. I don’t think we can assume it will be a slam-dunk, even in California.”

   But so far, the plaintiffs have the upper hand. They argue that millions of mistakes in the Social Security database would create havoc for businesses and lead to discrimination against ethnic and minority groups.

   “There is a strong likelihood that employers may simply fire employees who are unable to resolve the discrepancy within 90 days, even if the employees are actually authorized to work,” Breyer wrote in his opinion.

   But Homeland Security Secretary Michael Chertoff indicated the government won’t back off the work-site crackdown that has been under way for more than a year.

   “We will continue to aggressively enforce our immigration laws while reviewing all legal options available to us in response to this ruling,” he said in a statement.

   Employers should heed that warning, says Angelo Paparelli of Paparelli & Partners in Irvine, California.

   “I’m fearful that employers will think [the court injunction] is a reprieve when they should be thinking of it as a time to prepare for the next wave of enforcement,” says Paparelli, president of the Academy of Business Immigration Lawyers.

   Now may be the worst moment to ignore a notice that a worker’s tax information doesn’t align with government databases.

   “Employers should implement a policy on how to address no-match letters when they receive them,” says Gregory Wald, an attorney with Squire Sanders & Dempsey in San Francisco.

   Although business, labor and the DHS may battle over the no-match rule all the way to the U.S. Supreme Court, they all want to fundamentally change immigration policy—something Congress has failed to do.

   “It does underscore the need to fix the system,” says Laura Foote Reiff, a lawyer at Greenberg Traurig in Washington. “That’s where we agree with the administration.”

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