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Posted on May 14, 2009June 27, 2018

Stiffing Interns on a Paycheck Could Cost in the End

The help-wanted postings promise career-boosting experience.


“Be responsible for conducting one-on-one educational sessions with associates regarding new consumer-driven health plan options,” one says. “For new grads, this internship may convert into our associate account representative role, a regular full-time position which comes with a complete benefits package.”


The catch: no pay, at least for now.


Unpaid internships populate job search sites as companies contending with hiring freezes, smaller budgets or downsized workforces see this low-cost talent as a way of meeting their staffing needs until the economy rebounds.


“That’s not necessarily a viable option under the law,” warns Terri Stewart, an attorney with Fisher & Phillips in Atlanta. Employers contemplating this strategy need to understand the Fair Labor Standards Act’s criteria for unpaid internships.


Based on a landmark 1947 Supreme Court case, the six criteria include providing training similar to what would be given by a vocational school, not displacing regular employees with interns, and gaining “no immediate advantage” from their work.


“It almost has to be a little bit of a thorn in your side,” Stewart says.


It is unclear how many complaints are filed with the government each year about unpaid internships possibly violating labor law.


The U.S. Department of Labor does not separately track internship cases, says spokeswoman Dolline Hatchett. They are included with other minimum wage and overtime violations, she says.


In robust economies, these violations tend to go unreported, labor law attorneys say.


“As the economy tightens up, they’re going to start coming back,” says Randy Renick, an attorney with Hadsell, Stormer, Keeny, Richardson & Renick in Pasadena, California.


One of the best-known settlements involved an Atlanta public relations firm that paid $31,520 to former interns after the Department of Labor investigated its unpaid program.


“The person taking the internship can be taken advantage of,” says John Challenger, CEO of Challenger, Gray & Christmas, a Chicago outplacement firm. “When there is payment, there is accountability on all sides.”


The National Association of Colleges and Employers found that 98.6 percent of the internships offered by organizations that responded to a recent survey are paid. They plan to offer about 21 percent fewer internships this year, but to pay those interns better.


“The employers who tend to respond to this survey tend to use internships as a steppingstone to full-time employment,” says Edwin Koc, NACE’s director of strategic and foundation research. “They’re testing out the people.”


A previous study by NACE found that unhappy interns tended to be unpaid interns.


“If you have a dissatisfied intern, when they come back to campus, they are a bad ambassador for you,” says Claudia Tattanelli, CEO of Universum North America, which consults on employer branding and recruitment strategies.


The bad buzz isn’t limited to campuses anymore. Sites like InternshipRatings.com provide databases of reviews by former interns and list the best and worst programs.


“We’ll see more of that,” Tattanelli says.


Intern Bridge, a recruiting and consulting firm focused on Generation Y, found that 18 percent of internships were unpaid in 2007, the most recent data available.


Not paying interns shrinks the talent pool a company attracts, says Richard Bottner, president of Intern Bridge, and potentially cuts out stronger candidates.


“There is a huge population of students who simply can’t afford an unpaid internship,” he says.


Stewart recommends structuring unpaid internship program to meet the six-prong test at the outset.
 
“One of the absolute safest courses of action,” says Stewart, “is just to pay minimum wage.”


—Todd Henneman


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Posted on May 14, 2009June 27, 2018

Baucus Hints at Changes to Tax Breaks for Employer-Provided Health Care

Changing the tax-favored status of employer-provided health care coverage could make the system fairer, according to Senate Finance Committee Chairman Max Baucus, D-Montana.


As his committee moves closer to considering comprehensive health care reform legislation, Sen. Baucus voiced concerns Tuesday, May 12, about the current system in which employers can fully deduct group health care premiums as a business expense and the cost of the premiums is excluded from employees’ taxable income.


At a Finance Committee hearing, Sen. Baucus said he opposes a total repeal of the health care tax exclusion. But the senator also said the exclusion “is not perfect. It is regressive. It often leads people to buy more health insurance than they need,” he said.


“We should look at ways to modify the current tax exclusion so that it provides the right incentives. And we should look at ways to make it fairer and more equitable for everyone,” Sen. Baucus said.


While not mentioning them by name, Sen. Baucus suggested that tax breaks provided through health savings accounts also should be examined to ensure that the benefits are structured fairly and efficiently. Under law, employees can take a tax deduction or reduce their taxable salaries by the amount of their HSA contributions, and accumulated interest on the contributions can be withdrawn tax-free to pay health care-related expenses.


Alarmed at possible moves to curb the tax-favored status of employer-provided health care coverage, the Washington-based National Business Group on Health warned Wednesday, May 13, that such changes could result in making coverage more costly and possibly lead some employers and employees to drop coverage.



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


Workforce Management’s online news feed is now available via Twitter



 

Posted on May 14, 2009June 27, 2018

Wanted Someone Who Really iWants-i to Be Hired

I work in human resources because I love the feeling I get when I hire someone. When I get to deliver the message to a person who really wants and needs a job that he has one working for our business, I’m rewarded with smiles and gratitude. I find it very fulfilling to know that I am helping to put food on the table and a roof over somebody’s head. I haven’t gotten to feel that very much in the last few months.


The economic downturn has changed everything—except, perhaps, how quirky people can be about important issues such as finding, getting and keeping a job. Those of us in HR get to see that up close, as I did recently at the casino where I’ve practiced my craft for 25 years.


Very few employees are leaving their jobs with us. And so it came as a big surprise to me when we recently had to discharge three employees—a maintenance person, a food server and a beverage server. I was amazed that in this economy, anyone would violate policies or procedures and risk losing a job, but it happened. Like a lot of HR people, firing employees is my least favorite part of the job. Even though I’m just delivering the message that someone’s behavior or decisions has led to a termination, that doesn’t make it any easier for me. The only upside in this instance was that I was going to get to hire people to fill the three spots.

While I was composing an ad and a job description for our Web site, I was listening to a local talk radio show. The topic was unemployment, and the host said people need not stay unemployed. He believed that some folks just weren’t looking in the right place for a job, and he invited employers to call in and list any openings that we had. And so I called.


I gave the name of our business, the jobs I had available and our phone number. I barely had time to finish becoming a radio personality and hang up when the phone rang. It was an applicant, interested in one of the jobs I had just described. When I hung up from that call, I saw I had voice mail messages—21 of them, in fact, recorded in the 2½ minutes that I had been on the air. Every single one asked about the jobs I’d mentioned. I was astonished.


After I ran the ad for the positions, I got more than 100 additional applicants—just for the maintenance job. It graphically demonstrated to me how sad—how bad—the job market is. For the other two positions, I had 67 applicants. It was wonderful to be busy doing what I love doing—hiring people.


But I was in for another surprise. With more than 100 people vying for the maintenance job, I expected that I would find stellar candidates. That was not the case.


When I asked one man for his salary requirement, he told me it was a minimum of $80 an hour. We were, needless to say, too far apart. When another found out that we have a waiting period of six months for benefits, he withdrew. One failed to endear himself to me by asking how many smoking breaks would be allowed. A few never returned for an interview when they realized we require pre-employment drug tests.


Phone discussions eliminated a few more hopefuls. One who asked if he could live in our hotel if he got the job. We don’t have a hotel—just a casino, and we don’t let people sleep on the craps tables. There was another who wanted to know where the property was located. He knew the casino’s name. We have a Web site. Failing that, Mapquest, anyone? Another asked if I knew what bus he should take to get to us. Two more said if they got the job, they couldn’t start for at least a month.


The 60-plus hopefuls for the two remaining jobs were equally tough to work through. Some men who had never worked in a bar applied for the cocktail position. I was saddened to have some seniors applying for a job that would require that they be on their feet for an eight-hour shift. A couple applicants indicated they could only work on certain days. I marveled at the paradox: so many people out of work, so many who said they truly wanted the job, yet so many who restricted what they would do, when they would do it, and what salary they’d accept.


Eventually, we hired three people we felt would best fit our needs. The reactions of each person were very gratifying to me. None of the successful applicants asked about our address or our housing. They didn’t balk at the drug tests. They didn’t expect us to hold the jobs for a month for them. None asked for the smoking-break schedule.


I think the radio host was right: It is indeed a rotten job market. But some applicants make it worse for themselves. Even for an HR person who loves hiring people, some job candidates make it downright impossible.

Posted on May 14, 2009June 27, 2018

Are You Prepared to Deal With Expanded Anti-Retaliation Laws

Here’s the scenario: One of your employees has complained of being subjected to discriminatory treatment, and because you’re a good and conscientious employer, you’re doing the right thing: You immediately start to investigate that complaint. You meet with the employee making the complaint. You meet with the alleged perpetrator of the offense. You meet with the individuals that are said to be witnesses to the actions you’re investigating. Then, out of the blue, during an interview of one of the witnesses, that witness tells you a story. The story you are told, however, is not about the incident that you are investigating. Instead, you are told about an entirely different instance of what might be an unlawful employment action.


As you walk out of the meeting you ask yourself, “What just happened?”


According to the U.S. Supreme Court’s January decision in Crawford v. Metropolitan Government of Nashville and Davidson County, what just happened is that the individual you just interviewed has now participated in a protected activity. It may not be a typical complaint—the employee was not the one who came to HR and said, “My boss did this.” And the employee may not have even been the one to initiate the factual recitation—that is, the story was only told in response to questions by the investigator during the investigation process.


But the story told by the witness does constitute opposition to an unlawful employment practice. As a result, that employee is now within the protections from retaliation under the various anti-retaliation provisions of Title VII, the ADA, the ADEA and many other federal and state employment laws prohibiting retaliation.


The Crawford decision was not the only time that the anti-retaliation provisions of Title VII, the ADA and the ADEA have been expanded. While the anti-retaliation laws have always been viewed as a protection from retaliation for individuals who either oppose an unlawful employment practice or participate in an action to enforce the anti-discrimination laws, these laws do not stop there. In 2006, the U.S. Supreme Court ruled that a violation of these anti-retaliation provisions occurs whenever the employer takes an action that would tend to dissuade a reasonable employee from making a complaint or from participating in an enforcement activity such as an investigation or other proceeding. What this means is that actions such as demotions, decisions not to promote, changing the employee’s job duties, discipline and terminations can all expose the employer to potential liability for violation of the anti-retaliation provisions of Title VII and the other federal employment laws. Retaliation is no longer just reserved for situations where the employee is demoted or fired.


With that decision in 2006 and the Supreme Court’s more recent decision in Crawford, holding that the anti-retaliation laws cover a person who simply provided information of unlawful activities in response to questioning by the employer, the application of the anti-retaliation provisions of the various federal laws is expanding. According to the most recent statistics released by the Equal Employment Opportunity Commission, in fact, claims of retaliation jumped by some 22.6 percent in fiscal 2008 to 32,690 claims from 26,663 filed in 2007.


All said, the job of the human resources practitioner in dealing with the anti-retaliation provisions of the various federal employment laws continues to get a lot harder. Not only are the actions that constitute retaliation a lot more difficult to pinpoint, but the description of those that come within the proscriptions of the various anti-retaliation laws has now been expanded. To further add to the practitioners’ concerns, more employees are starting to understand the protections of the anti-retaliation laws, as evidenced by the rising number of claims being made to the EEOC. What is an employer to do? Here are some of the most important steps to take:


Analyze current practices and policies
An employer’s first step should be to review its current employment practices and policies. Employers need to ensure that the expanded scope of the anti-retaliation laws is recognized by the practices and policies they have designed to prevent retaliation in the workplace. The policies must be set up to catch situations where there are materially adverse employment actions being taken against employees who complain or were direct participants in an investigation of a complaint. They must also protect against actions that fall well short of a termination or demotion and involve individuals who informally or indirectly make allegations of unlawful employment actions.


Employers should further consider designing their policies so that first-level managers or supervisors are not allowed to act single-handedly when the targeted employee is one who has made statements about unlawful conduct in the workplace, no matter how innocuous the manager’s action might seem. A second-level review of an action being contemplated against an employee who has provided information to the employer about allegedly unlawful actions gives the employer a better opportunity to spot manager steps that could be viewed as retaliatory and intervene.


Furthermore, employers need to ensure that the policies allow employees to voice their concerns and complaints. Not only should employees have several avenues to have their issues heard, but HR staff should be immediately involved anytime such a concern or complaint is made so that such claims can be investigated in an unbiased way and appropriate actions can be taken based on any subsequent findings.


Train
Good policies are only good if everyone knows about them. Consequently, the second step to preventing a retaliation claim is to make sure that managers and employees are all trained on the policies. Managers and supervisors in particular need to be trained to take seriously every situation where an employee provides information about a potentially unlawful employment action. They should be instructed that they cannot take any action against that employee because of any such actions. They should also be trained to recognize that the actions they take could trigger anti-retaliation laws. They should understand the need to involve human resources or other management whenever those situations arise.


Listen to everyone and encourage employee interaction
Employers need to pay attention to information given by their employees, regardless of the way in which the information is communicated. Employers should further encourage those employees who do make complaints, or provide information about a potentially unlawful activity, to follow up with human resources or management if additional facts or complaints arise in the future. The more open the lines of communication, the harder it will be for employees to later claim that some action taken against them was designed to dissuade them from complaining.


In the end, the popularity of retaliation claims continues to increase. This popularity is due, at least in some part, to the Supreme Court’s removal of some of the technical interpretations of the anti-retaliation laws that employers previously relied on to defend against these claims.


Crawford is the most recent step in this evolution. Employers must now be vigilant in ensuring that any employee who provides information regarding a potentially unlawful employment action or activity is protected from retaliation. It no longer matters whether the employee in question was one who actually made a formal complaint or whether the employee just provided facts in response to an inquiry by the employer. The Supreme Court has made clear that the anti-retaliation laws protect both the employee making a complaint and the employee who is just responding to questions by the employer. The good news, however, is that by maintaining a vigilant effort, employers can position themselves to defend such claims when they come up.


The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

Posted on May 14, 2009June 27, 2018

Spurred by Hiring Binge, Geico Makes Training a Priority

Dan Schechter has a message for job seekers: 15 minutes with Geico could save your career. That’s about how long it takes to apply for a job with the car insurance giant, which has been hiring hundreds of people across the country as its business surges.


Schechter, Geico’s vice president of staff development, is plenty busy these days. Even as U.S. companies across many sectors aggressively slashed jobs, Geico rolled out plans during the first quarter to add nearly 1,000 employees in 19 states, boosting its ranks of sales, customer support and claims professionals. Most have been entry-level positions that require one-on-one interaction with consumers.


That means Geico, known for its quirky TV ads featuring jilted cavemen and talking geckos, will continue to invest in employee skills development in 2009. The newcomers, having gone through up to two months of training, should be in position to help Geico sustain the momentum of a solid 2008.


“Whenever you’re in our niche and the economy gets tough, people still expect low prices and great service. We’re still growing, and the bottom line is we want to make sure we’re staffed to provide the service we promised,” Schechter says.


Geico burnished its bottom line last year with record premium revenue of $12.47 billion, up from $11.8 billion in 2007. That’s according to the annual financial report of Berkshire Hathaway Associates, run by investment tycoon Warren Buffett. Geico has been a wholly owned subsidiary of Berkshire Hathaway since 1996.


The hiring spree is a departure from the horrid unemployment news of recent months, but it’s not out of the ordinary for Geico. The insurer, based in Chevy Chase, Maryland, has hired more than 1,900 people since 2006, and employs 23,000 people in the U.S.


Geico likely isn’t through recruiting for the year, either. Its workforce management process generates weekly, monthly and quarterly forecasts of staffing needs. The routine enables Geico to stay on top of its talent needs, and plan for training accordingly.


“We’re pretty good at [predicting] what we’ll need,” Schechter says. “That helps us avoid getting overstaffed and having to stop hiring or even make cuts.”


Schechter says the majority of new employees are novices in the insurance industry. They spend part of one week taking orientation classes before moving into more targeted learning that pertains to their specific jobs. Geico looks for “hardworking, high-character people” and puts them through four to eight weeks of structured training, he says.


The learning varies, depending on the job, but includes a mix of classroom work and practical exercises that familiarize people with the tasks, business processes and systems they’ll need to know.


“The vast majority will come in not knowing much, if anything, about the insurance industry,” Schechter says. “Our training process is designed to give them several weeks of training, and then a follow-up period of high support from managers to pick up anything that might have been missed” during the formal learning.


Although it has structured and mature training processes, Schechter says 90 percent of learning occurs beyond the initial classroom instruction. Geico managers are expected to serve as coaches, providing continual feedback and working with frontline employees to target learning needs, set goals and chart their progress.


“The goal is to enable folks to get promoted so that they’re at the level that best fits them,” Schechter says.


The cloudy jobs picture for candidates becomes a silver lining for services and support employers: They have an easier time finding good job candidates. The Society for Human Resource Management says in an April report that employment projections have hit a four-year low in manufacturing and services, the two largest segments of the U.S. private sector.


In March 2008, 16 percent of services companies surveyed by SHRM said recruitment of top-tier candidates was getting more difficult, with roughly 8 percent saying it was getting easier. Just one year later, those numbers have been completely reversed. Just 1.7 percent report continuing difficulty in recruiting, while 25 percent say there are skilled candidates aplenty.


“It’s a domino effect: As employment goes down, it becomes easier to find people,” says Jennifer Schramm, SHRM’s manager of workplace trends and forecasting.


The services sector showed promise of increased hiring during January and February, but Schramm says April was a different story. Although nearly 22 percent of services companies expect to add jobs, more than 27 percent are poised to make cuts—a net loss of 5.5 percent.


More and more companies view training as a way to cope with a smaller workforce. In a separate SHRM survey of nearly 470 HR professionals, 34 percent say their companies are retraining staff for new positions, up from 10 percent that were doing so in October 2008


Training becomes of greater importance to customer support organizations during tough economic conditions, says John Ragsdale, vice president of research with the Sales and Service Professionals Association in San Diego.


“With customers pinching pennies, they are looking for any reason to cancel an account or shop for a cheaper option, so every support call becomes even more critical,” Ragsdale says.


Not all customer support people are created equal. Ragsdale says high-tech companies are struggling to find technically skilled engineers to fill support jobs. The situation isn’t as dire for companies like Geico.


“It should definitely become easier to hire non-technical people for call center jobs, such as the Geico positions, as more workers from service sectors find themselves needing a job,” Ragsdale says.


With a labor market awash in candidates, Geico is going to be selective. Having more people to choose from also requires more careful sorting to identify the best candidates, according to Schechter. Skills aside, there is another characteristic Geico wants in prospective employees.


“We’re not looking for people who’d like to give this a shot for a year and then move on. We want people who want to join the Geico family and be here a long time,” Schechter says.


Advancement is expected, with new employees averaging two to three promotions within their first three years. That mirrors Geico’s preference to promote from within, Schechter says.


It’s hard to know for certain how the promotion track is viewed by employees. Geico officials declined to make employees available for interviews, saying that only top executives are authorized to speak to the media.


A reading of comments on Glassdoor.com, a company that lets people anonymously post opinions of their employers, provides some insights into Geico’s culture. The company generally gets high marks for its pay, benefits and ethical reputation, but some workers clearly find career opportunities lacking.


Notes a Geico claims services representative in Virginia Beach, Virginia: “Unless you are one of the chosen few who are picked by [supervisors] to be promoted, you will spend your years toiling away in an entry-level position without the opportunity to advance.”


Employees who meet performance standards have job security even in a difficult economy, writes a Geico claims adjuster in San Diego. But the same person writes that Geico employees enjoy “little job satisfaction. The management style is very authoritarian and top down. Lots of whip cracking and little real leadership.”


Those aren’t exactly the kind of employee endorsements that woo top recruits. Yet Schechter points out that Geico employs “a ton of people” who have been with the company for multiple decades, including some who advanced from entry-level jobs to greater responsibilities. That includes CEO Tony Nicely, who started as a clerk with Geico in 1961.


Although most of its hiring centers on core customer support jobs, Geico also is recruiting for a small number of corporate positions, Schechter said. That includes jobs for information technology professionals, accountants, actuaries and financial analysts.

Posted on May 13, 2009June 27, 2018

Economist Says Michigan Jobless Rate Could Hit 20 Percent

 Michigan economist David Littmann predicts that unemployment in Michigan could approach 17 to 20 percent by year’s end.


Michigan’s unemployment rate in March was 12.6 percent—a full 5 percentage points higher than a year ago.


A news release issued Tuesday, May 12, from the Midland-based Mackinac Center for Public Policy, where Littmann is senior economist, cites Littmann as also predicting that “revenues for the state will continue to plummet.”



Filed by Amy Lane of Crain’s Detroit Business, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on May 13, 2009June 27, 2018

Cigna Freezes Pension Plan, Boosts 401(k)

Effective July 1, cash-balance pension plan participants no longer will accrue new benefits, though they will continue to earn interest credits on their account balances.


In addition, on July 1 the managed care company will fully vest all employees who are not yet vested. This enhancement will apply to anyone who was a Cigna employee as of April 1.


Effective January 1, 2010, Cigna will sweeten its 401(k) plan in several ways. It will match 100 percent of employees’ deferrals, up to the first 3 percent of pay, and will match 50 percent of employee deferrals on the next 3 percent of pay.


It currently matches 50 percent of contributions, up to the first 6 percent of pay.


Cigna also will ease plan eligibility requirements so new employees will become eligible for a company matching contribution as soon as they join the plan; currently, employees have to complete one year of service before they are eligible for a matching contribution.


In addition, employees will fully vest in matching contributions after two years of service, down from the current five-year requirement.


Cigna, which estimates that the changes will result in annual savings of $40 million, noted that its retirement benefits plan package already was “significantly higher than the average package provided by our competitors. These actions bring our retirement benefits in line with those of our direct competitors.”


While the decision to freeze the cash-balance plan was “a difficult one,” the 401(k) plan enhancements will result in employees receiving “a total package of benefits and rewards that is very competitive,” the company said.


Philadelphia-based Cigna is the second large, well-known employer to announce a cash-balance plan freeze within the past week. Last week, Wells Fargo & Co. in San Francisco said it will freeze its cash-balance plan, also effective July 1.


Employers in large numbers have been moving away from all types of defined-benefit plans. Last week, Watson Wyatt Worldwide reported that only 45 of the Fortune 100 companies now offer a defined-benefit plan to new salaried employees. As recently as 1998, 90 percent of Fortune 100 companies offered a defined-benefit to new salaried employees.



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

Posted on May 11, 2009June 27, 2018

Wells Fargo to Freeze Cash-Balance Pension Plan

Wells Fargo & Co. is freezing its cash-balance pension plan, making it one of the largest employers to do so.


Effective July 1, employees no longer will earn benefits in the plan. Wells Fargo also is freezing the cash-balance plan sponsored by Wachovia Corp., a Charlotte, North Carolina-based bank Wells Fargo acquired last year.


Wells Fargo will continue to match 100 percent of employees’ 401(k) plan salary deferrals, up to the first 6 percent of pay.


Wells Fargo said in a statement that the decisions to freeze the plans were “difficult” but that it is “confident that we’re taking the right steps to ensure the long-term strength of our company.”


It also said that the 401(k) plan “is one of the most beneficial tools” for employees to save for retirement.


San Francisco-based Wells Fargo, which ranks at No. 41 on the Fortune 100, joins several other large, well-known companies—including Boeing Co., IBM Corp. and Verizon Communications Inc.—that have announced during the last couple of years that they are phasing out their cash-balance plans.


Some benefits experts predicted that cash-balance plans would make a big comeback after Congress made clear in a 2006 law that the plans’ basic design does not discriminate against older employees, ending uncertainty about cash balance plans’ legal status.


While a few major employers, including most recently Coca-Cola Co., have adopted cash-balance plans since the 2006 law, such startups have been outnumbered by other big employers’ decisions to phase out the plans. Such changes are part of a larger trend of employers moving away from all types of defined-benefit plans.


Cash-balance plans are so named because employees’ accrued benefits are communicated as a cash lump sum rather than as an annuity payable at retirement.



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


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Posted on May 11, 2009June 27, 2018

Machinists Union Wants Back in at United

The International Association of Machinists is trying to win back the mechanics at United Airlines.


The IAM, which was voted out in 2003, says it was approached recently by some mechanics about representing them again. It’s the largest union at United, representing about 17,000 ramp workers, customer service agents and others.


The move comes as the Chicago-based airline begins negotiations with all six of its unions, and it could force the third change in representation for the mechanics in less than a decade.


IAM’s key selling point is its traditional defined-benefit pension plan; its members are the only United workers who still have such a plan. The company-sponsored pension plans were ended after parent UAL Corp. entered bankruptcy protection, and they were transferred to the Pension Benefit Guaranty Corp., which pays a fraction of the original amount.


United switched its retirement program to a 401(k) plan with a company contribution, lowering its labor costs. But 401(k) plans took a beating during the recent downturn that has left the stock market down by nearly half from its peak in 2007. IAM workers can contribute to United’s 401(k), but instead of a company match, they opted for contributions to the IAM national pension plan.


“Anybody who has looked at a 401(k) plan recently wishes they had a defined-benefit plan,” the union spokesman says.


United’s 5,500 active mechanics, including about 450 in Chicago, last year voted to be represented by the International Brotherhood of Teamsters. The Teamsters replaced the Aircraft Mechanics Fraternal Association, which ousted the IAM in 2003, when United was in bankruptcy.


The IAM will begin collecting signatures from 9,000 active and furloughed mechanics in an effort to force a vote. But because the mechanics selected a new union last year, the earliest an election could be called would be April 2010. Judging by the slow pace of labor negotiations in the airline industry, it’s unlikely United will have reached any agreement with unions on new contracts by then.


The Teamsters did not return calls seeking comment.



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


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Posted on May 11, 2009June 27, 2018

People-Proof Your Health Benefits

For most patients with chronic illnesses, the decision to get their medicine delivered to them through the mail is a no-brainer.


Mail-order drugs generally cost less than orders filled at retail pharmacies, and, in addition to convenience, patients generally receive 90 days’ worth of medicine at a time rather than the usual 30 days’ supply.


Prescriptions, when doctors provide refills, are automatically filled and delivered so patients are less likely to run out of medicine.


Yet many employees at companies that offer mail-order pharmacy benefits never sign up for the service, even though they regularly need to take medicine, says Bob Nease, chief scientist for pharmacy benefits manager Express Scripts. As a result, he says, they are less likely to adhere to their drug regimen.


“We think part of that reason has to do with procrastination,” Nease says. “Patients have problems with adherence not because they forget to take pills, but when supply runs low they don’t get around to getting a refill.”


Now, Express Scripts is saving patients from their own bad decisions—including the decision to do nothing.


In March, the St. Louis company announced a program to automatically enroll patients in its mail-order pharmacy service. More than two dozen employers, including Mooresville, North Carolina-based home improvement retailer Lowe’s, are participating in the program, called Select Home Delivery.


Employees at these firms must now choose to opt out of the mail-order pharmacy if they want to get their drugs at a retail pharmacy instead. Since the program started, the number of Lowe’s employees enrolled in mail order has doubled, the company said.


Lowe’s embrace of this opt-out strategy is one of the latest examples of how employers are taking into account the way people actually behave—rather than how employers wished people acted—when designing benefit programs. These lessons from the field of behavioral economics, which looks at the psychological side of economic decisions, are helping to shape health benefits.


Unlike classical economists, behavioral economists believe that people often act in irrational but predictable ways. This predictability, if properly understood, can help executives better design health benefits and wellness programs.


“You would think people would want to take care of their health because it’s so important,” says Dan Ariely, a behavioral economist at Duke University and author of Predictably Irrational. “But businesses know people need an additional push.”


The Express Scripts program is one of the first to apply principles of behavioral economics to health benefit design and is based on the research into 401(k) plans by economist David Laibson, the Robert I. Goldman Professor of Economics at Harvard University.


In his research, Laibson concluded what seems obvious: People procrastinate. Put another way, people have trouble making a short-term sacrifice when the payoff is not immediate. Cases in point: investing in retirement or one’s long-term health.


Researchers call this tendency “hyperbolic discounting.” To get around people’s inclination to put off today what they can do tomorrow, Laibson wanted to make it easier for people to make the right decision. He created a so-called default option: Employees were automatically enrolled in their company’s 401(k) plan. As a result, plan participation increased to 90 percent from 40 percent, he says.


Such defaults turn a person’s laziness, ostensibly a bad quality, into something that helps them. By doing nothing, they invest in their retirement.


“We use defaults when we feel people might make a bad decision,” Laibson says, adding: “I think we are drastically under-using defaults in the health care domain.”


To apply these principles to health care, Express Scripts created the Center for Cost Effective Consumerism.


Many employers already apply ideas from behavioral economics, especially the use of defaults, to health benefits. For example, most employers automatically enroll employees in a health plan. Some companies schedule annual flu shots at their work sites.


Researchers say new applications could include automatically scheduling an employee’s annual physical or automatically scheduling prostate exams for men over 50.


Many companies also use financial incentives to get people to make smarter decisions about their health, though research in this area is less conclusive than with opt-out options.


Companies, on the whole, prefer financial incentives to financial penalties. But researchers say there is no evidence suggesting financial incentives work better than financial penalties. Some people respond more to losing money than gaining it—what people call loss aversion. Sometimes a company must pay a lot of money—$300 for a health risk assessment—to get people to make small changes that may have only a short-term benefit.


The prospect of losing something, like one’s good health, may in fact work more effectively to motivate diabetics to take their medicine, Nease says.


“We may want to talk about therapy adherence not in terms of improving people’s health,” Nease says, “but in terms of preventing disease.”


Ariely, who, like Laibson, is also on the advisory board of the Center for Cost Effective Consumerism, says people are particularly moved by the idea of “free,” or what he calls “the power of zero.”


“Zero is an emotional hot button,” he writes in his best-selling book, “a source of irrational excitement.”


When something is free, people forget the downside, which might explain why it’s hard to pass up free refills of soda. Companies have used this tendency in designing health benefits. Some employers, such as Giant Eagle supermarkets in Pittsburgh, provide diabetic employees with free maintenance drugs.


Whether incentives always work is a subject of debate. Some companies have reported that when they stop paying people an incentive—for instance, to get an annual physical—patients revert back to their old, unhealthy habits.


“Psychologists believe external payments are a bad idea because they kill internal motivation,” Laibson says. “Economists are more favorable to pay for performance.”


Ariely says irrational decision-making is particularly common when it comes to a person’s health. One experiment chronicled in his book showed that people believe more expensive drugs are more effective. Participants said they felt better taking a pain pill that costs $2.50 than one that cost 10 cents, even though the pill in both cases was simply Vitamin C. Tiered co-pays are one way to combat this proclivity toward more expensive medications when generic alternatives are available and cost less.


Peer pressure seems like a powerful tool to change people’s behavior, but—much like with incentives—researchers are less certain about its effectiveness.


Some companies have experimented with Weight Watchers programs, which use peer groups to help individuals develop better eating habits. Other companies have embraced health scorecards as a way to pressure people into improving their health. Know Your Number, a scorecard that rates a person’s health against an average, is one tool used by such companies as Abbott Laboratories, a pharmaceutical company in Abbott Park, Illinois.


The company that created Know Your Number, BioSignia of Durham, North Carolina, designed the scorecard believing that a simple visual comparison could pressure people to change their behavior. The scorecard also measures a person’s risk for disease and offers a baseline that can be used to evaluate a person’s health over time.


“Once you have your number score and you look at your peers, that becomes very powerful,” says Tim Smith, president of BioSignia.


But peer pressure can also anger employees.


“Unlike an 8-year-old, an adult is aware that peer pressure is being used,” Laibson says. “He may not view these peers as friends, and therefore they won’t have the ability to influence him.”


The weight of social norms can also have negative effects. Ariely says patients don’t ask doctors for second opinions nearly as much as they should. The reason is simple: Most believe getting a second opinion is an act of betrayal against their doctor, a person whom they trust and implicitly look up to.


“If we get people to care less about the physician or we get people to think of themselves as an outsider, people might make much better decisions,” Ariely says.


Knowing that people have a hard time asking for second opinions, employers including Boston-based EMC have turned to companies such as Best Doctors when patients face serious—and usually expensive—health care decisions. Based in Boston, Best Doctors supplies patients with second opinions by having experts in their specialties review patient medical data collected from doctors, labs, hospitals and pharmacies.


Though the use of incentives and peer pressure is quite common, researchers say not enough information exists outside the lab to confirm definitively whether peer pressure or incentives work. Researchers say they would like large companies to subject their plan designs to greater independent testing.


“Companies don’t tell us what they’re doing or how effective they are” at doing it, Ariely says. As a result, they are “not sure what works better and under what conditions.”


What researchers do know is that health and benefits education alone is often ineffective. That’s because, as behavioral economists are quick to point out, one of the great myths of human behavior is that knowledge alone can change people’s deep-rooted habits.


“I don’t want to suggest education is useless,” Laibson says. “If I’m a newly diagnosed diabetic, a nurse explaining the disease is going to be helpful. But our culture is full of information that being overweight is bad. It’s not a deficit of knowledge, it’s a deficit of self-control … or a decision not to value health and trade off a shorter life for more immediate pleasure.”

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