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Posted on April 12, 2007July 10, 2018

With Updated E-Discovery Regulations, Employers Must Face New Battle

With more than 80 percent of electronic documents never printed and 60 billion plus e-mail messages sent every day, e-discovery has been an important issue for some time.


    However, the new amendments to the Federal Rules of Civil Procedure relating to electronically stored information (ESI)—which went into effect December 1, 2006—raise the bar for what will be expected of e-discovery in terms of employers’ monitoring and policies. Employers will ultimately feel the brunt of these sweeping changes, with dramatic changes to the way discovery will be conducted in federal court, where most discrimination suits are filed.


    And, because the typical individual plaintiff in an employment lawsuit has very little ESI to preserve, search and disclose during discovery, employers face an additional burden in obtaining information under new regulations.


    The key is to prepare for compliance, including setting up systems, protocols and policies. Employers will ultimately have the best position in preserving, searching and producing relevant ESI in the most efficient manner when hit with a suit.


    Waiting for a lawsuit is not an option. Due to the costs of searching and producing ESI, employers will be forced to settle numerous lawsuits because the expense associated with discovery alone will make the case too steep to defend. And good plaintiffs’ lawyers know this as they prepare to use the ESI sword against employers. Companies should be formulating their strategy now.


Discovering new amendments and responsibilities
   Before the new amendments, ESI was treated as a subset of documents under the Federal Rules of Civil Procedure. But the revised rules create a new category of discovery.


    One of the major changes clarifies that ESI will almost always need to be produced in its electronic form. It is no longer good enough to print out hundreds of e-mails and produce them to the other side (unless your adversary agrees or the judge lets you do it). This alone is a major change and challenge.


    Also, it is now trial counsel’s responsibility to know his or her client’s IT system and the location of responsive data. Trial counsel can no longer tell the judge, “I am not a tech guy, Your Honor, so I don’t really understand this.”


    Similarly, counsel cannot rely blindly on what is told to him/her by the client regarding its ESI and related systems. Instead, attorneys must speak directly with the client’s IT department to find relevant ESI sources and understand the backup system and retention policies. Firsthand knowledge is vital.


    Further, counsel will no longer use the “head in the sand” approach to e-discovery—”I am not going to go after your e-discovery if you don’t go after mine.” This is especially true in employment cases where good plaintiffs’ lawyers are going to learn how to use e-discovery as a sword.


    Since it is much easier for employee-plaintiffs to comply with the new rules, there’s a much greater obligation for employers. This imbalance poses the utmost threat and biggest challenge to employers who are defending against discrimination lawsuits.


Preserving obligations and litigation holds
   
Create solid document retention policies


    In order to comply, employers should adopt comprehensive document retention policies and establish litigation protocols for preserving, searching and producing ESI. These policies should address five key issues: creation of documents; storage; use; retention and destruction; and purging.


    Employers would be wise to resist the urge to use general forms in adopting these policies. A good and effective policy must be tailored to the employer’s specific business needs, and be in writing and simple to adopt and follow. The worst thing would be failure to comply. This alone will likely prevent the employer from arguing that any destruction of potentially relevant ESI was inadvertent or should not be sanctioned.


    An effective document retention policy must also include:


  • Reasonable retention periods complying with the myriad of laws that contain specific record-retention requirements.


  • Records in all formats: paper, photographic and electronic.


  • Separate retention requirements for official copies and duplicate records, drafts, working papers and notes.


  • Coverage of all the employer’s electronic devices and hardware, with specific instructions for obtaining documents and the actions to be taken when certain events occur.


  • Monitoring and auditing of employees to ensure compliance.


    With a policy in place, employers have a safety net in dealing with new preservation and production obligations. Specifically, if documents or ESI are purged in the normal course of business operations before the duty to preserve arises, then it is unlikely that a court will find that the purging was improper or illegal. A document retention policy is critical in showing that the document was destroyed as part of normal business operations—and not because the individual knew that litigation was on the horizon.


    Ensure litigation holds are in place
   All good document retention policies also provide for litigation holds. When an employer is notified of potential litigation, this is really the best and only way to swiftly stop routine destruction of information, and identify and preserve all potentially relevant ESI.


    Holds must be in writing, issued to employers, broad in scope and applied to all key players. To ensure consistency, develop and maintain related forms in advance, even though they should be tailored to specific circumstances.


    When opting for litigation holds, employees should specifically:


  • Suspend routine document destruction, in addition to saving/stopping recycling of backup tapes possibly containing relevant ESI.


  • Notify archival facilities to halt destruction and preserve ESI.


  • Identify all ESI sources and key custodians, and notify them by a written litigation hold memo.


  • Meet with each custodian to pinpoint all sources of potentially relevant information, such as hard-copy documents and ESI. An employer should also consider asking each key player to sign acknowledgments certifying they have turned over all potentially relevant documents.


  • Get certifications from IT personnel to establish chain of custody.


  • Monitor compliance and issue reminder memos.


  • Watch out for new and departing employees. Employers should consider taking bitmap images of relevant electronic devices of key and departing employees. This is in addition to creating consistent protocols for hires, transfers and terminations after litigation holds have been issued to certain employees and departments.


    These are the minimum steps an employer should use in issuing a litigation hold. Courts expect employers to issue them at the right time and to monitor compliance.


Train, don’t over e-mail, and adopt better records management
   In addition, training in-house litigation response teams and developing protocols for preserving, searching and producing documents and ESI during litigation and in response to subpoenas will help ensure consistent compliance with document retention policies and litigation holds.


    However, complicating this situation is that employers create too many documents. Because each e-mail is a separate document, employees must be trained in the proper use of e-mails. If we do not get e-mail overflow under control, many employers will not be able to afford defending lawsuits involving the production of ESI.


    Given this volume of information, employers might also consider establishing a records management department. Even for small employers, it could be the most effective way to control costs associated with document retention while making certain that the employer complies will all applicable retention laws and obligations.


    Also helpful is investing in sophisticated software to help standardize collection search protocols. Employers can conduct comprehensive searches on all their data and select which areas need to be harvested.


    The landscape is changing for employment litigation, with the new rules titling the scales in the favor of plaintiffs who are in the best position to use the e-discovery as a sword. It’s better to prepare now rather than pay for it later.

Posted on April 12, 2007July 10, 2018

Connecting With Other Companies That Use Contingent Staff

Companies looking for answers to contingent labor questions no longer need to rely solely on consultants.

    A new membership organization launched by publisher and researcher Staffing Industry Analysts allows companies to ask one another what works.


    The new Contingent Workforce Strategies Council, unveiled in late January, is designed to give member companies (typically Fortune 1,000 corporations) access to peer networks as well as Staffing Industry Analysts research and experts.


    Ron Mester, CEO of Staffing Industry Analysts, says the new council’s peer network is a direct response to requests from corporate executives keen on developing best practices in the field of contingent labor.


    “We started testing a lot of concepts with some of the companies and asked a lot of questions,” Mester said. “What we were finding was that they wanted a lot more data and information, but they also wanted to interact a lot more with peers and other companies. They said, ‘We think some of our peers may have information, data and insights.’ “


    One of the benefits being offered to members of the new council is the ability to connect with other members to discuss contingent labor issues or topics. For example, a member company shopping for a vendor might call Staffing Industry Analysts and ask to contact other members to discuss existing solutions.


    Initially, companies will simply be provided contact names and information. But plans call for an online network that members can access. Mester says the online component is still under discussion and development but should be available by the second quarter of this year.


    “Today it is simple,” Mester says. “We schedule a call and get out of the way.”


   Peer networking is one of several offerings through the new council. Others include:


  • A basket of proprietary research and data related to contingent labor use and management. The system allows a manager to view on one page a list of different issues or topics that need to be addressed.


  • Support from expert analysts who can provide expert advice on starting and running contingent labor systems.


  • Regular updates on news and trends in contingent labor.


    Staffing Industry Analysts unveiled the new council at its most recent contingent labor conference, in November. The price for an annual membership is $30,000. So far, four companies have joined: Nationwide, Accenture, Hewlett-Packard and Dell.


    While the new council offers some of the same benefits to corporations as membership in the American Staffing Association—the ability to network with others (primarily at conferences and conventions) and access to industry research—there are also some distinct differences. The association is a nonprofit advocacy group for the staffing industry rather than a for-profit company, and the association does not provide the type of individual counseling and consulting that the council offers.


    Mester says the council should prove particularly useful to human resources and procurement divisions, since officials from those two areas are most often involved in a company’s use of contingent labor. “HR individuals who are responsible for this function in a company, they often find that by and large, the rest of their HR colleagues have no idea what this is about, how to manage it, what unique challenges there are.”


    The aim is that through the council, those lonely HR experts in contingent labor can reach out and find peers in other companies who can relate.

Posted on April 12, 2007July 10, 2018

Aging Boomers Require Workplace Flexibility, Says American Management Association

For Ed Reilly, the coming demographic shift in the U.S. workforce is elementary. Or rather, it is summed up by his experience decades ago in a Bronx, New York, elementary school. Reilly, president of the American Management Association, was born in 1946 along with other early members of the baby boom generation. There were 60 children in his first-grade class, compared with just 13 kids the previous year. The aging of this generation requires careful planning and flexible management by employers, Reilly says. He recently spoke with Workforce Management staff writer Ed Frauenheim.


Workforce Management: Why should companies care about demographic changes?

Ed Reilly: There’s no question that over the next several years, the group of people who are 30 to 45 years old will assume the management positions in America, and this group is smaller in number than the baby boomers. There are 10 to 15 million fewer people in the younger cohort compared with the baby boomers. Over the next 15 years, this cohort will reach 45 to 60 years of age. They’ll be running the economy. Not only that, but you have the attitude among people who are baby boomers that they may not want to retire. And you have younger people entering the workforce. We’re likely to have a situation where we’ve got three generations in the workforce at once.


WM: Some observers have sounded alarms when it comes to the aging boomers and a possible problem of too few workers.
Reilly:
We need to recognize that it can be solved. One of the ways you’re going to solve that problem is to keep older workers. The way to do that is consistent with other trends such as less rigid hierarchies in operations and more flexibility with respect to where people work, how work happens and when it happens. Organizations also should make sure they understand attitude differences between generations. Think about your benefits system and the way compensation is done. Make sure they’re relevant to the appropriate age group and what motivates them.


WM: What about the prospect of older people working as part-time executives?
Reilly:
Flexibility is more difficult for people in the most senior assignments. Some jobs are just 70-hour-a-week jobs. It will be interesting to see whether we can develop an appropriate set of alternatives to the paths of senior executives and allow the recycling of managers into jobs that are not the CEO post.


WM: What will demographic changes mean for younger workers?
Reilly:
Those people are going to be the eventual managers. They will be as interested in keeping older workers as older workers today are interested in figuring out how to work with the younger generations.


WM: When do you plan to retire?
Reilly:
I plan to work in some capacity for a long, long time.


Workforce Management, March 12, 2007, p. 6 — Subscribe Now!

Posted on April 12, 2007July 10, 2018

5 Tips for Keeping Your Job in a Post-HRO World

It’s not unusual for HR managers to go into panic mode after their companies sign an HR outsourcing agreement. After all, their jobs are in jeopardy.


    But HR managers who position themselves correctly and gain new skills can remain employed with their companies, says Deborah Kops, head of program planning and development for SharedXpertise, a global organization that assists companies with transforming their businesses through shared services and outsourcing.


    Kops gives five tips on how HR managers can keep their jobs in the post HRO world:


  • Learn how to focus on results rather than processes. Most HR managers are used to managing all of their own processes down to every detail. But in a post-HRO environment, these employees need to change their approach so they focus on the outcomes rather than the processes. This means HR managers need to let go of their control over how the processes are conducted and just make sure that specific metrics are met.


  • Learn new skills. HR managers in a post-HRO environment need to know how to manage vendors. This means understanding how to govern the relationship, how to manage risk and how to oversee the change within the organization. Managers who can exemplify these skills will be key assets in the new organizations.


  • Align yourself with the business. HR managers can no longer go on their merry way just overseeing HR as a separate entity to the business. Instead they need to become HR experts with a focus on the ultimate business goals. Ultimately, they need to become advisors to the business.


  • Think commercial. Make sure you understand the cost and benefit of every process that comes out of your organization, whether it’s being run by the outsourcer or internally.


  • Be flexible. HR managers need to look at their careers in a new way. Outsourcing frees up talent to do new things in a business, so that might mean that there is a great opportunity for HR managers in new roles. Be ready for that kind of change.


Posted on April 12, 2007July 10, 2018

Providers Redefine HRO Model

Buyers aren’t the only ones who have learned a thing or two as the HR BPO market has matured. Service providers have had to learn—some the hard way—that the business model they used in many of the earliest HRO deals was never going to be sustainable.


This “lift and shift” model called for the provider to take on all of the client’s HR process as they were and provide the services more cheaply.


The problem with this arrangement is that there often was no discussion between the buyers and providers about goals or metrics, experts say. The whole arrangement was about cost-cutting, and nothing more.


“Before, there was no discussion. We would just take on all of the processes,” says Jim Konieczny, division leader for BPO at Hewitt Associates.


As a result, providers like Hewitt, which inherited a number of lift-and-shift deals when it acquired Exult in 2004, ended up with dozens of clients with different HRO models in place, and no standardization. “I can never make that model work,” Ko¬nieczny says.


And no HR outsourcer has learned this lesson more profoundly than Hewitt.


The Lincolnshire, Illinois-based company has struggled with its HRO business the past few quarters.


As a result, the company is being more selective about what kinds of clients it takes on and is making sure that it has clearer discussions with prospective buyers about what they will be responsible for and what Hewitt will do.



“Before, there was no discussion. We would just take on all of the processes. I can never make that model work.”
–Jim Koneiczny, Hewitt Associates

At the same time, Hewitt is renegotiating its lift-and-shift contracts, representing one-third of all its deals.


“I am knee-deep in these conversations and they aren’t easy,” Konieczny says. But clients are open to the discussions and realize that to make HRO deals work, buyers and providers both have to address changes in their own businesses that will facilitate the HRO arrangement, and that isn’t just about cost-cutting, he says.


Previously, Hewitt might have agreed to take on a client that had 270 forms it sends to employees, for such things as benefit change requests, payroll change requests and new-hire processes, without analyzing whether some forms could be eliminated or standardized, Konieczny says. That’s no longer the case.


“Now we will look to improve the process before we take it on,” he says. Specifically, Hewitt will talk with buyers about how processes can be improved on the buyer’s side before an HRO contract is signed.


Although Hewitt might be the most high-profile example of a provider making this transition, such negotiations are happening among a number of providers and buyers, experts say.


As a result, some providers are starting to ask buyers to pay 50 percent to 100 percent of the first year’s fees upfront, says Michel Janssen, research director at the Hackett Group, an Atlanta-based advisory firm. Providers are doing this so that they have the money in hand as they enter the contract, rather than absorbing the upfront costs and then getting paid. A few years ago, this was unheard of, he says.


The result of all of this change ultimately will be that HR BPO deals will take longer to come to fruition, Janssen says.


“There might be a slowdown in the number of deals coming to market as buyers’ expectations recalibrate,” he says.


Workforce Management, March 26, 2007, p. 37 — Subscribe Now!

Posted on April 11, 2007July 10, 2018

Overhauling the Recruiting Process at CDW Corp

Annual job growth at CDW Corp. is clocking in at 15 percent. The technology products and services provider, headquartered in Vernon Hills, Illinois, reported revenue of $6.8 billion for 2006, up 7.8 percent from 2005, with fourth-quarter sales up 13.5 percent from a year earlier. To support this rapid ongoing growth, the company plans to hire 800 to 1,200 account managers and more than 100 IT specialists and engineers this year.


    In the first three months of 2007, CDW met its recruiting goals and hired more than 300 new account managers, using a new recruiting process launched in December 2006. The new process is the result of more than a year of hard work to restructure the company’s approach to sourcing, assessment, onboarding, training and retention.


    CDW has long benefited from a solid employment brand and a strong total rewards program. As a member of Fortune’s “100 Best Companies to Work for in America” for nine consecutive years and one of Fortune’s “America’s Most Admired Companies,” CDW pulls in more than 20,000 applications a year.


    The company offers competitive salaries, health benefits, 401(k)s, profit-sharing and stock purchase plans, on-site day care at headquarters, free meals for second-shift workers, subsidized on-site cafeterias, product discounts and other highly desirable benefits. CDW’s 5,480 employees are referred to as “co-workers” to reflect the egalitarian corporate culture.


    The recruiting process overhaul began in September 2005, when CDW brought in Dennis Berger as senior vice president of co-worker services and chief co-worker services officer. Berger initiated an evaluation of CDW’s recruiting process in the context of the company’s growth trajectory.


    “When we looked at what our job growth would be over the next few years, we knew we had to change,” Berger recalls. “Particularly for a technology company, we weren’t doing a good job of driving people to our site and then providing the right materials there.”


    Berger led CDW into a six-month process designed to identify weaknesses in its recruiting program and develop solutions.


    “We took a deep dive into our process for selecting talent,” Berger recalls. “We found that it was very recruiter heavy—a lot of muscle but not very smart.”


    Berger and his team began by taking a close look at the qualifications needed to succeed in the account manager position. Under the old recruiting process, a college degree was not required, but recruiting was heavily focused on eight to 10 college campuses.


    “We were recruiting in the wrong places,” Berger notes. Beyond the college visits, recruiters tapped Monster and Yahoo HotJobs, but little else.


Rebuilding the front end
    After a careful re-evaluation of the requirements for the account manager job, Berger and his team found that a high school degree and two to four years of job experience were sufficient basic qualifications, and systematically revised the sourcing approach to reflect those requirements.

   Now, in addition to traditional job boards such as CareerBuilder, Monster and HotJobs, CDW is using radio ads and sourcing solutions such as direct e-mail campaigns through MySpace, Google, LinkedIn, American Student List and other networking sites. Initial results indicate that sourcing through the networking sites is productive.The radio ads are extremely effective on the East Coast, but less so in the Chicago area.


    “We are currently assessing all of this,” Berger reports. “We are pleased with the results. What we have heard back from our recruiters is that they see a huge improvement over the days when we relied on eight to 10 campuses and Monster and HotJobs.”


    CDW also invested heavily in the infrastructure for recruiting account managers. The company hired on more sourcing specialists dedicated to filling the pipeline for account manager candidates, and more recruiters for the account manager positions. CDW now has 25 in-house recruiters who are trained sourcing professionals. It also calls on outside agencies to provide contract recruiters as needed.


    In addition to the re-evaluation of the account manager position and its sourcing methods, CDW conducted an extensive study of turnover. The study revealed that turnover was very high in the first few weeks and at the six-month mark, and then gradually declined up to the two-year mark, when it dropped to near zero.


    “We are now spending more time on the front end of the process to reduce turnover,” Berger says.


   To address the problem of high turnover early in the job, CDW now puts new hires for account manager positions through an extensive onboarding and training program that begins with a daylong orientation focused on the company’s values and goals, and then moves new hires through six weeks of training.


   The fact that turnover was so high early in the job signaled a potential problem with job expectations and fit.


   “We found that we were bringing in people who really didn’t know what the job was about,” Berger notes.


   To reduce this early turnover, CDW increased its focus on ensuring that potential candidates truly understand the job. The company developed a three-minute realistic job preview video that showcases current co-workers describing their roles, responsibilities and the working environment. This video is embedded in CDW’s careers home page for potential candidates to view prior to applying online.


   In addition, CDW abandoned its paper-and-pencil assessment process, which was never customized for the specific skills and traits needed for productive account managers. In January 2007, the company installed a robust online assessment process from PreVisor, an employee selection solutions provider.


    The assessment tools are fully customized to reflect CDW’s requirements on a detailed basis. The assessment was developed through a study of top-performing sales account managers to determine the common behaviors and professional competencies that led to their success. The PreVisor assessment screens candidates on sales aptitude and the work ethic needed to be a successful account manager at CDW.


    “We have feedback from managers that the quality of the new hires is much higher,” Berger says.


    Following the online assessment, candidates go through two interviews, including a behavioral interview with the managers they will work with if hired. Under the old recruiting process, the managers who were building the account manager teams were not heavily involved in selecting the new team members. Now the managers are directly involved and build a relationship with the candidates before the candidates come on as new hires.


Managing attrition
   After six weeks of training, the new hires spend their first six months on the job working in the CDW “sales academy,” where they perform the actual duties of an account manager and receive one-on-one skill development training from sales learning specialists.


   With new hires trained and coached through the early months on the job, attention turns to meeting the two-year mark.


    “We know with certainty that if employees stay with us for two years, they are basically here for life and very productive,” Berger says. “And we want to make sure that we don’t extend the attrition rate beyond 20 to 24 months.”


   CDW brought in consulting firm Watson Wyatt Worldwide and learned that high-performing sales organizations have a natural filter of attrition and a natural attrition rate. New hires who find it difficult to achieve aggressive sales goals actually self-select out of the organization. Once this natural filter runs its course, the organization can have a high degree of confidence in the long-term success and productivity of the sales professionals who made it through.


   CDW is not alone in its efforts to build a more effective approach to hiring by building up the front end of the recruiting and selection process and then following through with thorough onboarding, training and on-the-job coaching. New-hire turnover, a common gauge for quality of hire, is a good departure point for evaluating the entire recruiting process.


    New-hire turnover metrics are based on the number of separations during a time frame that varies by industry. In high-turnover industries such as retailing, the length of service for measuring new-hire turnover might be as short as one month, while health care organizations often use a 90-day mark and other industries use six-month or one-year measures. As CDW discovered, however, the best analysis of recruiting effectiveness may come from a hard look at turnover at all points within the first years of employment.


    Pushing information through to candidates before the application process begins, providing realistic job previews, customizing candidate assessment tools and bringing managers into the selection process can improve quality of hire and reduce early attrition.


    “You have to look at who you need to hire and how you can do it,” Berger says. “We went all the way back to sourcing and then all the way through onboarding to the two-year attrition filter. The point is to understand your process and its gaps and tackle those gaps.”

Posted on April 10, 2007July 10, 2018

The End of One-Size-Fits-All Co-Pays

In an era when health care is increasingly being tailored to the individual, benefit managers are developing ways to tie medical co-pays to the clinical circumstances of patients.


    Researchers at the University of Michigan are studying whether employers that structure co-pays based on the medical needs of employees, rather than on the cost of a drug, increase the appropriate use of prescriptions that may, in the long run, keep people healthy.


    A. Mark Fendrick, co-director of the School of Public Health’s Center for Value-Based Insurance Design, believes that so-called value-based insurance design could address two scourges of the health care system: overuse and underuse of prescription drugs. The goal, Fendrick says, is to get more value out of a company’s health care dollars by making sure people get the drugs they need. Meanwhile those for whom a drug is of minimal medical benefit would pay higher co-pays to get it.


    “The reason we provide health benefits is not to have zero net costs,” Fendrick says. “If you want to save money, don’t cover people.”


    Fendrick, who is also a professor of internal medicine in the School of Public Health, advocates instead what he calls “fiscally responsible, clinically sensitive” benefits design.


    Most employers use a one-size-fits-all benefit design that focuses exclusively on reducing costs, such as prescription drug costs, by increasing employee co-pays.


    But, as Fendrick says, “As co-pays go up, utilization goes down.”


    Fendrick calls this the low-lying fruit of benefit design because increased co-pays are usually one-time savings that do little to slow the long-term upward march of drug costs.


    While raising co-pays can reduce the inappropriate use of drugs, it can also cause people to stop taking prescriptions that are needed to prevent a more expensive illness. Benefits should be “clinically sensitive” to the medical needs of patients.


    For example, in a value-based health insurance design, co-pays for beta blockers would vary depending on what the drug was used to treat. The cost of the drug would be reduced for people with high blood pressure who have suffered heart attacks. Co-pays would be higher for people using it as an anti-anxiety medicine, a condition for which the drug is approved. Preventing heart attacks from recurring, in essence saving someone’s life, is of greater value, both in medical and economic terms, than using a beta blocker to treat anxiety. Its use, therefore, should be encouraged by lowering co-pays.


    “These are not across-the-board co-pays,” Fendrick says. “These are co-pays based on value.”


    Some employers have for several years used a value-based co-pay design for medicines that treat certain chronic conditions. In 1997, the City of Asheville, North Carolina, began offering employees with chronic illness free medicine if they adhere to a pharmacist-run disease management program. In 2002, Pitney Bowes, in Stamford, Connecticut, reduced the co-pays for drugs that treat asthma, diabetes and hypertension.


    After collecting three years’ worth of data on how the co-pay designs lower costs and increase utilization, Pitney Bowes decided this year to give free diabetes drugs and statins—the chemical agents that lower cholesterol levels in people with cardiovascular disease—to employees who have been to the emergency room for a heart problem.


    Drugs that cost employees about $2 for a 30-day refill now include anti-seizure medications, all drugs to treat osteoporosis and secondary breast cancer, and prenatal vitamins, says Jack Mahoney, corporate medical director at Pitney Bowes.


    “I know we are doing well and people are talking, ‘Do you know you can get your statins for free?’ So people understand it,” Mahoney says.


    In January, Fendrick, Allison B. Rosen, an assistant professor at the University of Michigan’s division of general medicine, and Michael E. Chernew, a professor of health care policy at Harvard University, outlined their case for value-based insurance design in an online article in the journal Health Affairs.


    The authors added however that some employers might be hesitant to adopt value-based insurance design for a number of reasons. Drug costs may spike as a result of increased utilization; an initial investment would be needed to implement the new benefit design; and there was also concern that employees who were not eligible for reductions in co-pays would feel slighted.


    “We were concerned about employees with others diseases saying, ‘What about me?’ ” Rosen says. “But we haven’t heard that at all.”


    Both Pitney Bowes and the city of Asheville say they have demonstrated cost savings and improved health outcomes of their employees. Fendrick and his co-authors plan to publish later this year an analysis of the impact of value-based insurance design on utilization rates and health care costs.


    Another employer, Marriott, has worked with ActiveHealth Management, a health data company that is a subsidiary of Aetna, to design its own value-based benefit design. ActiveHealth analyzed patient claims data in order to selectively reduce co-pays on certain drugs for certain patients who had chronic conditions, says ActiveHealth CEO Lonny Reisman.


    Jill Berger, vice president for Marriott’s health and welfare plan, says out-of-pocket costs for eligible employees went down 27 percent on targeted brand-name drugs and 65 percent on eligible generic drugs.


    “Adherence increased, which is exactly what we wanted to see,” Berger says.


    Marriott expects its drug costs to go up, but the company is hoping that hospitalization costs will plummet.


    Berger says one of the challenges in implementing the new benefit design was getting the health plans to overcome the “administrative challenges” around selectively reducing co-pays.


    Nonetheless, Marriott, believing that by doing the right thing it will save money in the long run, is moving ahead with a plan to reduce co-pays for visits to doctors who treat an employee’s chronic illnesses.

Posted on April 10, 2007July 10, 2018

Why Child Care and Elder Care Are So Different

Elder care has begun to rival child care as a workplace issue, but there are important differences between the two. While some employees have children, others don’t. But most employees have living parents, and so elder care has the potential to affect more employees than child care does. Unlike child care, elder care is an unpredictable, variable event that can occur suddenly during a loved one’s health crisis, or creep up slowly as a relative’s health and functioning decline. It requires flexibility and responsiveness from both the employer and employee caregivers as well as supervisors and co-workers.

   Child care focuses primarily on healthy children who live with the employee, but elder care involves a variety of services to respond complex financial, housing, health and legal issues that often need to be delivered at a distance from the employee. The relationship between caregiver and the person being cared for is adult to adult, long term and often involves an emotionally potent and uncomfortable role reversal. Unlike child care, elder care does not necessarily have a positive outcome. The care receiver becomes more and more dependent, and the process involves a number of siblings and other relatives and friends in ways that child care usually does not.

   While child care and elder care have their differences, more and more employers are realizing that they need a holistic approach to human resource offerings involving all of an employee’s life stages and all generations at work.

Posted on April 10, 2007July 10, 2018

10 Steps for Creating a Work Environment That Supports Caregivers

    1. Evaluate your work culture, human resources, work life/flexibility, wellness, bereavement and diversity strategies. Review existing policies, programs and benefits to see if they can be modified to better address elder care needs. For example, if you have child care benefits, can they be expanded to older or disabled adults? Can a health fair be expanded to include community resources for caregivers and elders?


    2. Check the costs of lost productivity in your organization by using the online elder care calculator created by MetLife’s Mature Market Institute: www.eldercarecalculator.org.


    3. Analyze organizational and employee needs by doing surveys or conducting focus groups. Use the information to build a business case for implementing caregiving supports tailored to your company based on this research.


    4. Based on your evaluation and research, retrofit existing policies, programs, benefits and human resource information systems to reflect these changes, and identify any gaps.


    5. Research community services and government benefits and forge community partnerships to help implement low cost or free solutions to caregiver needs. For example, local offices on aging can offer on-site seminars on financial, legal and medical issues affecting elders. To find the closest office on aging to your business, go to the National Association of Area Agencies on Aging at http://www.n4a.org/.


    6. Enhance current offering to include new programs, policies and benefits that are cost-neutral or money-saving solutions. Make sure that a list of existing, enhanced and new benefits that serve caregivers is included in employee orientation packets and communicated or distributed to all employees.


    7. Implement culture change initiatives that involve a sustained outreach and education program that legitimizes employee caregiver struggles and needs.


    8. Develop a method that tracks participation rates, cost-effectiveness and return on investment that’s logical, informative and easy to implement—and is not more expensive than the company offerings themselves.


    9. Inform managers about caregiver needs and employee-sponsored elder care initiatives, and train them in the skills and solutions they might need to mitigate caregiver-related work/life conflicts.


    10. Offer training workshops to help employees better assess their home and work situations, learn about company and community resources, learn how to effectively and comfortably talk to their direct supervisor about their issues as caregivers, and negotiate and jointly develop a plan that balances their work and elder care responsibilities.

Posted on April 10, 2007July 10, 2018

Sexy Hedge Funds Make Their Way Into Retirement Plans

Hedge funds have traditionally been the domain of the ultra-wealthy. These investment vehicles, which are typically open to a limited number of high-net-worth investors, became all the rage during the market downturn earlier this decade. While the stock market was taking a nose dive, hedge fund performance was flourishing.


    That’s because unlike mutual funds, hedge funds leverage their investments by taking both long and short positions in the market—effectively allowing them to make bets against the stock market and perform well when the stock market falters.


    “Hedge funds got a lot of press earlier this decade because many of them had incredible performance during the bear market,” says Todd Troubey, a mutual fund analyst at Morningstar. “Everyone wanted a hedge fund.”


    But until recently, mainstream investors have not been able to access these investments. That’s changing as an increasing number of employers look to add hedge-like investments to their retirement plans.


    What has sparked employers’ interest is that in the past few years a number of mutual fund companies have launched hedge-like mutual funds.


    Unlike traditional hedge funds, hedge-like mutual funds are regulated by the Securities and Exchange Commission, have lower fees and minimums than their traditional counterparts, and don’t have multiyear lockups.


    Like many mutual funds, hedge-like mutual funds often have minimum investments of a couple thousand dollars, but those minimums are waived for retirement plan investors.


    Another offering that has come to market are mutual funds that invest in hedge-like mutual funds—yet another option for retirement plans. These vehicles have higher fees than hedge-like mutual funds but offer more diversification, experts say.


    “Seven years ago there were very few hedge-like mutual funds on the market, but today there are hundreds, and employers are paying attention,” says Mendel Melzer, chief investment officer at the Newport Group, a Heathrow, Florida-based provider of retirement plans and investment advisory services.


    In 2006, $17 million flowed into R-shares of hedge-like mutual funds, up from $1 million in 2005, according to Financial Research Corp. R-shares typically are the class of fund shares restricted to retirement plans.


    But employers need to do their homework before adding these vehicles to their 401(k) plans, experts say.


    “If it’s done right, it can be viewed by employees as a great perk,” says Carl Hess, practice director of Watson Wyatt Investment Consulting. “But there are a lot of factors to weigh when deciding if this is right for a company’s plan.”


Due diligence
    The first question that employers need to ask before adding hedge-like funds to their 401(k) plan is, does this make sense? Typically, employers enhance their 401(k) plans as a way of attracting and retaining employees. So before adding a hedge-like fund to a 401(k) plan, companies need to make sure it is something employees would value, Melzer says.


    “Generally these options make sense for employers that have a highly educated workforce,” he says. Many financial services companies and IT providers have added hedge-like strategies to their 401(k) plans during the past few years, he says.
Companies need to really dig in and make sure they understand the investment strategies of these investment vehicles, Troubey says.


    While equity funds might differ in how they invest, by and large they are doing the same basic thing, he says. But hedge-like mutual funds can vary significantly in which investment strategies they use, he says.


    This means that benefit managers need to understand specifically how these funds are generating returns and what they use as a benchmark, says Andrew Clark, head of research, Americas, at mutual fund research company Lipper.


    This requires more work for mutual funds that invest in hedge-like mutual funds because they consist of several strategies and managers, experts say.


    Also, it can be difficult to gauge the performance of hedge-like mutual funds because very few of these offerings have a significant history, Troubey says.


    “There are about 50 of these funds, and half of them have only been around a couple of years,” he says.


    Cost is another major factor that employers need to consider when assessing these investment options. The average hedge-like mutual fund charges 2.07 percent in expenses, compared with 1.43 percent for the average U.S. stock fund, according to Morningstar.


    “And we think 1.43 percent is too high,” Troubey says. “Almost all of these hedge-like mutual funds are low-risk, low-return, so why would you pay up for something that is supposed to achieve lower returns?”


    Fees for mutual funds or managed accounts that invest in hedge-like mutual funds are even higher. For example, the Long and Short Opportunities program, a multi-manager investment offering that invests in hedge-like mutual funds managed by Lake Partners, a Greenwich, Connecticut-based investment advisor, charges average expenses of 1.7 percent plus a 1 percent management fee.


    But the portfolio’s performance is worth the expenses, says Ron Lake, president of Lake Partners. The company’s cumulative return during the past eight years has been 72 percent, compared with 37 percent for the Standard & Poor’s 500 during the same period.


    These kinds of multi-strategy offerings that are managed by a third party can be worth their expenses since employees can rely on a manager to oversee their investments, Hess says.


    “The single-strategy hedged mutual funds can be unwieldy, and you have to worry whether employees understand what they are buying,” he says.


    The educational efforts that employers have to undertake to make sure employees understand these investments shouldn’t be underestimated, experts say.


    “Diversification is key here,” Melzer says, adding that employers want to make sure employees don’t invest 100 percent in a hedge-like mutual fund.


    If employers are interested in adding a hedge-like fund to their plans but are wary of the implications, there may be a new option for them in months to come, Hess says.


    “You will start to see these strategies pop up in life-cycle funds,” he says. Hedge-like investments can make sense for these funds, which become more conservative as the investor approaches retirement, he says.


    “Employers can really play up having life-cycle funds that invest in hedge funds,” he says. ‘They can say, ‘Here is something you can’t get anywhere else.’ “

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