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Posted on November 11, 2009June 27, 2018

Overtime Pay Plan for Flexible Workweek Approved

Louise Parth, an emergency room nurse at Pomona Valley Hospital Medical Center in Pomona, California, filed a class-action lawsuit against the hospital alleging that its alternative pay scheme to compensate nurses working four 12-hour shifts a week violated the overtime pay requirements of the Fair Labor Standards Act. Employees who agreed to work the 12-hour-per-day, four-day workweek received a lower base hourly rate (which exceeded the legal minimum wage) in exchange for the 12-hour schedule. Parth agreed to participate in the plan in 1993, and as a result her base hourly rate was reduced, from $22.93 to $19.57 an hour.


Under normal circumstances, the FLSA requires an employer to pay nonexempt employees who work more than 40 hours in a workweek one and a half times the employees’ “regular rate” of pay. In hospitals and health care facilities, however, there is an additional overtime requirement that employers pay time and a half for hours worked in excess of eight hours in any workday. [See: 29 U.S.C. § 207(j).]


The U.S. District Court dismissed the action on the grounds that the hospital’s pay plan did not violate the FLSA, and on appeal to the U.S. Court of Appeals for the 9th Circuit, that decision was affirmed. The 9th Circuit agreed that nothing in the FLSA “bars an employer from contracting with his employees to pay them the same wages they received previously, so long as the new rate equals or exceeds the minimum required by the [FLSA].” The court also found no evidence that the altered compensation schedule was adopted for the purpose of avoiding overtime payments. Parth v. Pomona Valley Hospital Medical Center, No. 08-55022 (10/22/09).


Impact: Employers may implement an alternative pay schedule so long as employees continue to earn approximately the same salary at an hourly rate that meets or exceeds the minimum requirements of the FLSA.


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 November 6, 2009August 3, 2023

Congress, Obama Extend Benefits as Unemployment Rises

On a day that brought more bad news about the number of Americans searching for work, President Barack Obama signed a bill Friday, November 6, that would extend unemployment benefits for up to 20 weeks.


The measure, which was approved unanimously in the Senate on November 4 and by a 403-12 in the House on November 5, would provide 14 additional weeks of unemployment checks to all jobless workers and six more weeks on top of that to people who live in states where the unemployment rate is greater than 8.5 percent.


The House passed a narrower version of the bill last month. It was held up in the Senate as the unemployment benefits were expanded and other provisions were added, such as business tax cuts and a renewal of a tax credit for homebuyers.


The additional unemployment benefits are financed by extending a surtax on employers through 2011.


The bill marks the third time that Congress has increased unemployment benefits since the recession started in December 2007. Previous legislation added up to 53 weeks of benefits to the normal 26 weeks.


But as the recession has endured, the safety net has frayed. The National Employment Law Project in Washington estimates that 600,000 workers exhausted their unemployment benefits in September and October and that 1.3 million will run out of support by the end of the year.


The Economic Policy Institute says that more than one-third of the 15.7 million jobless Americans have been out of work for more than six months.


Obama enacted the legislation on a day when the government reported that the unemployment rate had reached 10.2 percent, its highest level in 26 years. He framed the measure as a way to boost the economy by increasing consumer spending.


“Although the extension will help over 1 million Americans, it won’t just put money into the people’s pockets who are receiving the benefits,” Obama said in a statement in the White House Rose Garden. “Economists tell us that when these benefits are spent on food or clothing or rent, it actually strengthens our economy and creates new jobs.”


Lawmakers said the bill would help ease the pain and anxiety that the economy is inflicting on many of their constituents.


“We know that when an economy recovers, the unemployment rate is one of the last numbers to rebound,” Senate Majority Leader Harry Reid, D-Nevada, said in a November 4 statement. “So even as our economy begins to turn around, jobs are turning around slower, and it is our responsibility to ensure the out-of-work are not left out in the cold.”


Reid portrayed Republicans as having needlessly delayed the legislation before voting for it as a bloc this week. Senate Democrats and Republicans slowed down the original House bill as they enhanced the unemployment benefits and added the tax amendments.


—Mark Schoeff Jr.


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Posted on November 1, 2009June 27, 2018

2009 Optimas Award Winners

If you were to just list the names of the nine winners of the 2009 Optimas Awards, it would be hard to see what they have in common. The U.S. Navy is charged with winning wars, warding off aggression and preserving freedom of the seas. Bright Horizons Family Solutions cares for kids while parents work. DaVita delivers dialysis services. Gensler designs buildings.


But these diverse organizations—and all the winners—do have a strong and admirable connection: Each has developed exceptional workforce initiatives in response to the organization’s business needs, issues or challenges. Each one shows that the organization with the best workforce wins.

It’s one of the great platitudes of the business world: “People are our most important resource.”


As the recession has shown, it’s not so easy to put those words into practice. That’s why it’s a particular pleasure to present the 19th annual Optimas Awards to nine organizations that are investing in their people while serving the needs of the business. That’s a strategy that will pay off—no matter what the economy brings.


One note: There is no 2009 winner in the Ethical Practice category. The judges determined that none of this year’s entries was Optimas caliber. The category, which was instituted in the post-Enron era, has had a hard time attracting entrants. We know there are exemplary companies out there, and we encourage them to apply in 2010, as we do all organizations that want to be celebrated for their workforce management achievements. See 2010 competition details here.


GENERAL EXCELLENCE
U.S. Navy
, Washington, D.C.

The U.S. Navy has instituted a number of workforce policies responsive to sailors who want more control over their careers. Just as employers in the private sector are discovering, the Navy understands that the new generation of workers is demanding greater flexibility and more opportunities for education and career development. Task Force Life/Work is a program designed to help sailors attain more balance between their professional and personal responsibilities. As a result, the Navy has made improvements to maternity benefits, parental leave and flexible work options. The Navy also offers tuition assistance, significantly boosting the number of sailors who obtain associate and bachelor’s degrees and other educational credentials while serving. “The leadership to the very top of the Navy realizes that we’re in a war for talent,” says Vice Adm. Mark Ferguson III, chief of naval personnel and deputy chief of naval operations. “We recruit a sailor, but we retain a family.” For the totality of its workforce initiatives, the U.S. Navy is the winner of the 2009 Optimas Award for General Excellence.
COMPETITIVE ADVANTAGE
DaVita,
Denver
The Denver-based dialysis provider had a major problem: its recruiting function, which DaVita managers ranked in 2006 as one of the bottom-five departments out of 70 corporate functions. Later that year, it launched an “extreme recruiting makeover,” with new software, a relaunched career site and a reorganized recruiting function with separate teams targeting corporate positions, managers at clinics and clinical staff including nurses. And it began collecting more data on time to hire, cost of hire and quality of hire. The changes were tough, but took hold. For curing an ailing recruiting function and making it a healthy foundation for business success, DaVita earns the 2009 Optimas Award for Competitive Advantage.
FINANCIAL IMPACT
Discovery Communications, Silver Spring, Maryland
While many employers provide on-site health and wellness clinics, Discovery Communications has gone a step further than most. In addition to a primary care clinic open to employees and dependents and staffed with a full-time doctor, a nurse practitioner and two medical assistants, the company offers free ergonomics counseling and behavioral health counseling. A dietitian helps people eat better. Free massages and yoga classes are also popular amenities. All of these services are free to employees.For astutely managing its health care costs and promoting the long-term cost benefits of healthier employees, Discovery Communications is the winner of the 2009 Optimas Award for Financial Impact.
GLOBAL OUTLOOK
Raytheon Professional Services, Garland, Texas
Raytheon Professional Services recognized that it had to address the training needs of a new and rapidly expanding international client base. It already had a broad and deep array of training tools, processes and technologies that had served it well. And so rather than abandoning those resources and starting over again, the company chose to globalize and localize its training resources, adapting them to the expanding international market. For leveraging its extensive learning content to meet its clients’ global cultural and linguistic training needs, Raytheon Professional Services wins the 2009 Optimas Award for Global Outlook.

INNOVATION
Bright Horizons Family Solutions,
Watertown, Massachusetts
To keep up with the company’s own projected growth and to meet new accreditation standards, executives at the national day care provider realized they would need to make some changes. Rather than look outside for more qualified teachers or for schools to train them, the company decided to train the workforce it had by establishing an online child development associate program to give workers the skills to pass the industry’s certification test. For creating an initiative that addresses its need for an accredited workforce while enriching its employees’ professional development, Bright Horizons Family Solutions wins the 2009 Optimas Award for Innovation.


MANAGING CHANGE
Gensler,
San Francisco
The global architecture, design, planning and strategic consulting firm competes in a fiercely competitive, knowledge-based marketplace in which new opportunities arise and game-changing trends and technologies emerge at mind-boggling speed. And it’s no easy task to rapidly develop new competencies and disseminate knowledge evenly throughout a 44-year-old company that handles 3,600 projects a year and has 2,100 professional employees scattered among 32 offices around the world. Gensler rolled out its firmwide Talent Development Studio three years ago to improve on the decentralized, mentoring-oriented methods of developing design talent the company had long relied on. For a unique talent development initiative that positions the company for success in an evolving industry, Gensler is the winner of the 2009 Optimas Award for Managing Change.
PARTNERSHIP
Public Service Enterprise Group,
Newark, New Jersey
Six years ago, the $28 billion energy and energy services company in New Jersey confronted a staffing cliff: More than 25 percent of its employees were within five to seven years of retirement, and the pipeline of new replacement workers was echoingly empty. PSEG’s solution was to partner with local community colleges and high schools to establish a program of in-class instruction, internships and on-the-job training in utility work. PSEG’s once-empty pipeline is now full. For innovative collaboration to address a potentially critical workforce shortage, PSEG earns the 2009 Optimas Award for Partnership.
SERVICE
Missouri Department of Transportation,
Jefferson City, Missouri
When a three-year roads project had to be done in two, the Missouri Department of Transportation’s HR leadership decided that the best way to meet that goal was to increase productivity by reducing sick-leave absences. The agency’s HR staff set about measuring leave usage, educating employees and supervisors and tracking results. The results speak for themselves. In fiscal 2009, sick-leave usage in the department decreased by 25,621 hours from the previous year. For developing a pragmatic initiative that helped the state stay on the road to its transportation goals, the Missouri Department of Transportation is the winner of the 2009 Optimas Award for Service.
VISION
Sodexo, Paris
Several years ago, Sodexo’s 120,000-employee North American division looked at growth goals through 2015 and saw potential talent trouble ahead—it had ambitious plans to expand in areas where it faced a weak pool of talent. To best attract, develop and retain employees, it decided to target various age groups differently. Its recruiters tweet on Twitter, interact with candidates on Facebook and maintain a careers blog. In addition, Sodexo has sought out military veterans, in part through a project to translate military experience and skills into civilian competencies. And it has reached out to older workers partly through its Alumni Reconnexions program. For creating a comprehensive program to connect to workers of multiple generations, Sodexo wins the 2009 Optimas Award for vision.

Posted on October 30, 2009June 27, 2018

Workers Want Ethical, Socially Responsible Companies, Survey Finds


Acting ethically and in socially and environmentally responsible manners is key to gaining top talent, according to a new Kelly Services Inc. study.


The Kelly Global Workforce Index surveyed about 100,000 people in 34 countries throughout North America, Europe and the Asia-Pacific region.


Nearly 90 percent of respondents in the study said they are more likely to work for an organization perceived as ethically and socially responsible, according to Troy, Michigan-based Kelly.


The survey found that employees across all generations and regions gravitate to organizations with well-developed social, ethical and environmental policies.


Among the study’s other findings:


• 80 percent of respondents said they would be likely to work for an organization considered environmentally responsible.
• 53 percent of baby boomers said they would be prepared to forgo higher pay or a promotion to work for an organization with a good reputation.
• 48 percent of Gen Xers (ages 30 to 47) and 46 percent of Gen Yers (18 to 29 years) said they would forgo higher pay or a promotion to work for an organization with a good reputation.


Employees gain a sense of fulfillment when their employer is focused not only on the bottom line but also on practices that are good for the communities in which they operate, said George Corona, Kelly executive vice president and COO, in a release.


That translates to increased pressure for companies to meet higher standards of corporate and ethical behavior and to play an appropriate role on issues affecting the environment, he said.


More information on the survey results is available at www.kellyservices.com.


 


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


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Posted on October 30, 2009June 27, 2018

What Health Care Reform Really Needs Effective Wellness and Free-Market Competition

To say that the debate over reforming the nation’s health care system is heated is an understatement. With each new proposal, the rhetoric flows freely as proponents and opponents rapidly—often virulently—pounce on every opportunity to discredit their opposition.


What both sides are missing is the fact that none of the reform measures under consideration will achieve the goals of driving down costs and expanding coverage. Nor will they lead to the increased competition among carriers that is imperative to keeping premium costs down.


This is because reform measures, as they are currently written, fail to address the core problems with the nation’s health care system: 1) the growing prevalence and severity of chronic conditions that consume the majority of health care dollars, and 2) carrier monopolies that have stifled free-market competition.


Indeed, health care reform may ultimately have the opposite effect. By removing any incentives for individuals to take control of their health and wellness, chronic conditions will soar in both prevalence and severity. Further, by failing to include mandates that would level the playing field and allow insurers, third-party administrators and self-insured employers to compete equitably for providers and patients, there is no incentive for dominant carriers to keep premium costs down and expand the scope of coverage.


Effective wellness and disease management
Let’s start with chronic conditions. According to the Centers for Disease Control and Prevention, chronic diseases, such as heart disease, cancer and diabetes, account for seven out of every 10 deaths each year. They also cause major limitations in activity for 25 million people.


Approximately 133 million people—almost half of all Americans—suffer from at least one chronic condition. By 2030, that number will rise to 171 million. Perhaps most distressing is the fact that the percentage of U.S. children and adolescents with a chronic health condition has increased from 1.8 percent in the 1960s to more than 7 percent today.


The health care system is breaking under burden of treating chronic diseases, which consume 75 percent of the nation’s $2 trillion in medical costs. Diabetes alone carries direct and indirect annual costs of $174 billion, while heart disease and stroke carry costs of $448 billion.


But the problem is not just the ailments themselves. Four common behaviors are responsible for much of the illness, disability and deaths associated with chronic conditions. These include smoking, lack of physical activity, poor dietary habits and excessive alcohol use. Yet despite a constant barrage of educational messages designed to warn people of the risks of these behaviors, they remain a significant problem:


• More than 43 million U.S. adults and one in five high school students smoke, the direct and indirect medical costs for which exceed $193 billion annually.


• Since 1980, obesity rates for adults have doubled to more than 72 million and tripled for children, carrying estimated annual medical costs in excess of $117 billion.


• More than one-third of all U.S. adults fail to meet minimum recommendations for aerobic physical activity and only one in three high school students participate in daily physical education classes.


• More than 60 percent of children and adolescents eat more than the recommended daily amounts of saturated fat, while just 24 percent of adults and 20 percent of high school students eat five or more servings of fruits and vegetables per day.


• Approximately one in six Americans age 18 and older engaged in binge drinking in the past 30 days, and nearly 45 percent of high school students report having had at least one drink of alcohol in the past 30 days.


Health care isn’t the only industry breaking under the weight of this preventable epidemic. Business is also affected. An analysis by PricewaterhouseCoopers found that productivity losses associated with workers who have chronic conditions are as much as 400 percent more than the cost of treating those diseases, and individuals with chronic diseases account for approximately 40 percent of total lost work time. Clearly, the majority of current disease management and wellness programs are not working.


The skyrocketing costs of care cannot be addressed unless something is first done about the rising prevalence and severity of chronic diseases and the behaviors that contribute to them. However, nothing in current reform proposals address this problem.


In fact, by subsidizing coverage for everyone and eliminating any differentiation based on pre-existing conditions, the situation will only worsen. There will be no penalties for those who choose to lead unhealthy lifestyles that exacerbate their chronic conditions, and no rewards for those who take the steps necessary to prevent or control them.


What’s more, some proposals designed to finance reform efforts, such as capping annual flexible spending account contributions at $2,000 and scaling back eligible expenses, are likely to affect consumers’ ability to afford medications and other prescribed therapies to control their chronic conditions.


The end result of health care reform that excludes any support for disease management will be medical costs that continue to increase in conjunction with the rate of chronic conditions. That is a core problem that no amount of insurance coverage can correct.


The only “fix” is one that facilitates widespread participation in wellness and disease management programs that are effective at driving necessary change in consumer behavior. While it is true that 90 percent of private insurance carriers and 88 percent of large employers already offer these programs, the smoking, obesity and drinking statistics cited above provide ample evidence that most of these plans simply are not working.


I am not proposing that the government dictate how much people weigh or the number of minutes they exercise. Rather, reform legislation should fund initiatives that support widespread availability of wellness and disease management programs that are based on models that have demonstrated their efficacy in altering unhealthy behaviors. These typically utilize predictive modeling, early intervention and personalized education and support, as well as incentives that maximize individuals’ engagement in health care and the management of their chronic diseases.


For example, wellness programs available from my own company, and others, utilize predictive modeling to analyze employee populations and identify excessive health care costs and their drivers. Best-of-class risk management tools and cost containment strategies are then used to reduce a client’s overall health care spending. Health risk assessments and personalized wellness communications are also provided to motivate employees and promote healthier lifestyles. The results are improved compliance with recommended follow-up and clinical tests, delivering a measurable decline in emergency room visits and in-patient admissions, as well as significant savings in prescription medication expenses and costs associated with provider networks.


Another example of this model’s effectiveness can be found with the success of Verisk Health Inc., which provides care management interventions and individual health risk assessments that have achieved significant savings in health care costs for employer groups.


Verisk clients, which include FSAI as well as benefits management companies and employer groups, use the company’s Web-based D2Explorer analytics software solution to analyze medical and pharmacy data to identify, educate and coach individuals in need of care management interventions. The clinical intelligence and predictive modeling within D2Explorer has achieved such notable results as an 18 percent drop in the number of diabetics/pre-diabetics over three years, a decreased number of emergency room visits and in-patient admissions, lower per-member/per-year cost trends for certain diseases and a 12 percent reduction in total health care costs.


Thus, for health care reform to truly reverse the decades-long trend of increasing medical costs related to chronic conditions, it must establish funding for initiatives that will foster the widespread creation of proven wellness and disease management programs and facilitate enrollment in them. These could include:


• Funding the establishment of national or regional clearinghouses of non-identifiable patient and claims data for population-based risk assessments and predictive modeling


• Providing financial assistance to such groups as employers, providers and communities for the establishment of wellness programs


• Establishing an outcomes-based incentive program to reward providers for wellness care


• Providing tax credits or subsidies to consumers to offset the costs of such preventive measures as smoking-cessation programs, weight-loss plans and fitness club memberships.


Investing just a fraction of the $1 trillion that health care reform is expected to cost into wellness and disease management initiatives will do more than bring down the overall costs of care.; it will also save a significant portion of the $1.5 trillion currently consumed by chronic conditions. This savings represents hard dollars that could be reinvested to offset the other costs associated with reform efforts.


Free-market competition
The second core problem that health care reform has thus far failed to address is carrier monopolies that have all but eliminated free-market competition. Consider this: The insurance market is controlled by a single carrier in 56 percent of the nation’s urban areas, while one or two carriers control 90 percent of the insurance markets in most states.


Without competition to keep them in check, premiums have risen 120 percent over the past 10 years. That is nearly triple the growth of inflation and quadruple wage growth.


Unfortunately, the inclusion of a public option will not change this. Nor will the proposed insurance cooperatives. The reason is simple: As these options are currently written, an estimated 85 percent of the population will not be eligible to choose them over private coverage. As such, they are unlikely to have a significant effect on competition. With nothing to threaten their current lock on individual markets, there is no impetus for private carriers to change their practices.


To succeed, health care reform must address the root cause of rising premiums and declining coverage: networks that hamstring the ability of regional insurers, third-party administrators and self-insured employers to contract with enough quality providers to attract a suitable volume of patients to make serving an individual market financially feasible.


When a single carrier dominates a market, health care providers are forced to accept unfavorable contract terms, most notably “most favored nation” clauses, if they hope to build a sufficient patient base to survive financially. These clauses require providers to extend to current insurers the same discounts they may give to new insurers to join their networks, without the promise of additional patients.


For providers, the cost of expanding their patient base is simply too high to bear. The big player keeps its hold on the provider and the competitor goes away, along with any incentive to keep premiums down.


Instead of introducing the government as yet another dominant carrier, reform efforts should focus on restoring free-market competition through mandates designed to level the playing field. These include outlawing the use of most-favored-nation clauses and creating a federal “any willing provider” mandate. Precedents for both of these can be found at the state level. Both will reduce the chokehold dominant players have on individual markets by giving providers greater flexibility to join additional networks to increase their patient base.


At the very least, reform legislation should address the need for transparency in both price and quality. This serves a dual purpose. First, it places private carriers, third-party administrators, self-insured employers and providers on equal footing in contract negotiations. Second, it provides consumers with valid information on procedure outcomes and costs, allowing for the kind of comparison “shopping” that will drive a renewed emphasis on the delivery of high-quality care that is also affordable.


If health care reform measures were to restore free-market competition, they would go far beyond simply eliminating the monopolies that have allowed carriers to focus more on profits and market share than on ensuring that their networks deliver quality care. It would also pave the way for empowering consumers to make decisions about their health care that are based on quality and preference rather than solely on price.

Posted on October 30, 2009June 27, 2018

House Bill Would Extend COBRA Subsidy by Six Months

Legislation introduced in the House of Representatives would extend and expand an expiring provision in a 2009 economic stimulus law in which the federal government pays 65 percent of COBRA health care premiums of employees who are involuntarily terminated.


That subsidy is available for up to nine months for employees who have lost their jobs since September 1, 2008. Unless the law is extended, the subsidy will not be available to employees laid off after December 31.
 
Under H.R. 3930, introduced this week by Rep. Joe Sestak, D-Pennsylvania, the subsidy would be provided for up to 15 months. In addition, those laid off from January 1, 2010, through June 30, 2010, also would be eligible for the subsidy.


Without an extension of the current law, employees who began collecting the subsidy on March 1—when it first generally became available—will lose it at the end of November.


“Losing one’s job is difficult enough. But losing one’s health care along with it—and worrying about being able to get treatment for oneself and one’s family, or fearing bankruptcy in the event of injury or illness—is something Americans should not have to cope with in this difficult time,” Sestak said in statement.


The subsidy has had a dramatic effect on the percentage of eligible COBRA beneficiaries opting for coverage. A Hewitt Associates Inc. study released in August found that the percentage of laid-off employees opting for COBRA doubled to 38 percent after the subsidy was enacted compared with the opt-in rate in the several months prior to the subsidy.


The Obama administration has been looking into whether the subsidy should be extended.



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 October 30, 2009June 27, 2018

Report Links Pension Obligations to Layoffs

Fulfilling pension funding obligations can result in job losses, according to a report released Friday, October 30.


The American Benefits Council, a national trade organization composed of large companies and plan sponsors, commissioned the analysis to bolster the case for legislation that would ease rules put in place by a landmark pension reform bill that went into effect last year.


Called the Pension Protection Act, the law significantly tightened defined-benefit funding rules and required companies to meet 100 percent of their obligations within seven years, beginning in 2008.


But companies and business groups are telling lawmakers that the stepped-up pension funding is coming at the worst possible time—in the middle of a severe economic downturn.


“Requiring employers to increase their funding to defined-benefit plans during a recession leads to layoffs and bankruptcies, suggesting that the pension funding obligations could fundamentally alter the distribution of jobs in the economy based upon what industries have made longstanding commitments to defined-benefit plans,” states the report by Optimal Benefit Strategies.


The document consists of an analysis of previously conducted academic research and surveys. For instance, a June report by Aon Consulting shows that 68 percent of employers indicated that allocating cash to pension funding would cause them to cut hiring and workforce training.


Judy Xanthopoulos, a principal at Optimal Benefits Strategies, said that funding a pension plan takes investment away from other business operations.


“The research is pretty consistent in finding that there is an inverse relationship,” Xanthopoulos said in an October 30 media availability. “There is a tradeoff they have to make.”


Advocates are urging Congress to approve a pension relief bill this year, before companies determine their new pension obligations on January 1.


A recent report by Watson Wyatt Worldwide indicates that the funded status of defined-benefit plans will drop to 83.8 percent in 2010 and 76.8 percent in 2011, potentially requiring $89 billion and $146.5 billion in payments, respectively.


Reps. Earl Pomeroy, D-North Dakota, and Pat Tiberi, R-Ohio, introduced a measure on Tuesday, October 27, that would give companies more breathing room to amortize pension shortfalls.


On Thursday, October 29, the Senate Health Education Labor and Pensions Committee held a hearing on preserving retirement security during the recession.


Sen. Tom Harkin, D-Iowa and chairman of the Senate labor panel, said in an interview afterward that he’s not sure when a Senate pension relief bill might be introduced or how far-reaching it would be.


“It seems like the Pomeroy bill has broad support,” Harkin said. “It’s the short-term fix. Do we do the short term and not do the long term? Kick that can down the road?”


The scope of the relief legislation is just one challenge. There is also the matter of getting it through two committees of jurisdiction each in the House and Senate and then wedging it onto a congressional calendar dominated by health care.


“It will have to be something that really has broad support, bipartisan support,” Harkin said. “Floor time is going to be very, very minimal.”


There also is likely to be resistance over bill details. In testimony before the HELP Committee, Karen Friedman, executive vice president and policy director for the Pension Rights Center, urged senators to deny help to firms where workers were no longer accruing retirement benefits.


“Companies that have stood by their defined-benefit programs while others have abandoned or frozen them deserve the support of Congress,” Friedman said. “Companies that have frozen their plans … have severed this commitment to their workers.”


She also questioned whether the relief savings would be put toward job creation. “This money could be used for any purpose, including moving jobs overseas, automation and executive compensation,” Friedman said.


Relief advocates maintain that all companies should get relief because the central issue is preserving jobs everywhere. They’re hopeful about prospects for legislation.


“The message is getting through,” said James Klein, American Benefits Council president. “We’re cautiously optimistic.”


—Mark Schoeff Jr.



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Posted on October 30, 2009June 27, 2018

Labor Department Proposes Historic $87.4 Million Safety Fine on BP

Ever since she was sworn into office in March, Labor Secretary Hilda Solis has warned that she would toughen enforcement of workplace laws.


She followed through on Friday, October 30, by announcing $87.4 million in penalties against BP Products North America Inc., an energy company Solis said has not done enough to improve safety since a 2005 explosion at its Texas City, Texas, refinery killed 15 people and injured 170.


The proposed fine is the biggest in the history of the Occupational Safety and Health Administration, an agency within the Department of Labor. The previous highest levy was $21 million against BP after the 2005 accident.


The latest move follows a six-month OSHA assessment of BP’s compliance with safety-improvement commitments contained in a 2005 settlement agreement.


OSHA found 270 instances in which BP failed to correct previous problems, resulting in fines of $56.7 million. In addition, it discovered 439 “new willful violations” of control standards on pressure-relief safety systems that produced the remaining $30.7 million of the total penalty.


“Let me be clear: The administration will not tolerate disregard for our laws,” Solis said in a conference call with reporters. “Employers have a legal and moral responsibility to protect their workers, who, ultimately, are America’s most important asset.”


But BP asserted that it’s not fair to make it the primary example of the Labor Department’s enforcement strategy because its efforts to improve safety at Texas City “have been among the most strenuous and comprehensive that the refining industry has ever seen,” said Keith Casey, manager of the BP facility southeast of Houston, in a statement.


The company is contesting all the OSHA citations and maintains that the majority of them represent a “disagreement between OSHA and BP” as to whether BP satisfied the 2005 settlement. The dispute is currently before the Occupational Health & Safety Review Commission, which is independent of OSHA.


“We are disappointed that OSHA took this action in advance of the full consideration of the review commission,” said Casey, whose operation refines 475,000 barrels of crude daily. “We continue to believe we are in full compliance with the settlement agreement, and we look forward to demonstrating that before the review commission. While we strongly disagree with OSHA’s conclusions, we will continue to work with the agency to resolve our differences.”


Although it is hitting BP hard, the agency said that it is willing to help companies navigate what many in the business community have called complicated federal safety rules.


“This large enforcement penalty is no comment on our ability or willingness to provide compliance assistance,” Jordan Barab, acting assistant labor secretary for OSHA, told reporters.


But cracking down on safety—as well as wage-and-hour violations—will remain a priority for Solis. The Labor Department has boosted funding and increased the number of inspectors in both areas.


Her vision for the daily operation at the BP Texas City facility is one of quiet routine.


“We would like to see people go into work and go home to their families,” she said.


—Mark Schoeff Jr.


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Posted on October 29, 2009June 27, 2018

Insurers OK Covering Swine Flu Shots


Illinois’ largest health insurers have agreed to cover the cost of administering swine flu vaccinations for all of their policyholders, state insurance regulators announced Tuesday, October 27.


Blue Cross & Blue Shield of Illinois, UnitedHealthcare, Aetna and Cigna are among the insurers that voluntarily will cover the full cost of the H1N1 vaccinations, the Illinois Department of Insurance said. The federal government is picking up the tab for the vaccine itself, which is now available at some local hospitals and is expected to be more widely distributed in coming weeks.


Some local insurers had previously said they would cover swine flu vaccine costs only for members whose policies covered vaccinations, which would have excluded some policyholders. But in recent weeks, those insurers and others told state regulators they would cover all of their members, including co-payments and other out-of-pocket costs.


Combined, the eight insurers that have agreed to the coverage account for 80 percent of all Illinois residents who have private insurance, said Michael McRaith, director of the Illinois Department of Insurance. The others include Humana, Health Alliance, Unicare and PersonalCare.


Many smaller carriers also are likely to fully cover swine flu vaccination costs, he said.


“Our concern was that some policyholders might have been deterred from getting the vaccine because of the potential cost,” McRaith said. “We were pleased to learn that the companies in fact were planning to cover all costs.”



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


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Posted on October 29, 2009June 27, 2018

Latest Health Reform Bill Rankles Business Leaders

Employers quickly disavowed a revised health care reform bill introduced by Democrats on Thursday, October 29, standing with the health insurance industry in opposition to a publicly run health insurance plan popularly known as the public option.


The House bill contains far less stringent requirements for employers than an earlier version introduced this summer. Still, business lobbyists say the new version remains the most onerous of the health care reform bills introduced so far. It contains the public option plan, more stringent employer mandates, changes to ERISA, and business penalties that would go toward paying for reform.


“Everything we had said we were concerned with is still in there,” said Martin Reiser, chairman of the national Coalition on Benefits, an organization composed of 200 employers and employer groups—including Xerox, UPS and Target—and such organizations as the American Benefits Council, the National Association of Manufacturers and American’s Health Insurance Plans. “It’s a very big disappointment.”


Employers have opposed the creation of a publicly run health insurance plan from the start. Democratic leaders have begun to reach consensus that a publicly run health plan would negotiate rates with providers rather than set them arbitrarily, as rates are set by Medicare.


Employers believe the government would underpay doctors and hospitals. That in turn would lead medical providers to charge private employers and health insurers higher rates. The effect would be to increase costs and send healthier employees to find cheaper rates elsewhere.


“It sets up a fundamental system where the public plan will drain employees from employer system and underpay doctors that would ultimately shift costs to the private sector,” said Reiser, a manager of government policy for Norwalk, Connecticut-based Xerox.


Employers also are concerned about changes the House bill would make to ERISA, the federal law that allows multistate employers to circumvent state insurance regulations. The House bill would allow state law to govern legal disputes over health coverage. It would also restrict changes employers could make to retiree benefits and require employer-sponsored health coverage to meet federal requirements in five years.


The new House bill, which is 1,990 pages, is estimated to cost $894 billion and would reduce the deficit over 10 years by $30 billion, Democratic leaders said, citing an initial analysis by the Congressional Budget Office.


It would prohibit insurers from denying people coverage based on age or health condition and would eliminate lifetime limits on how much health care a person could receive. It would go into effect by 2013 and would include a requirement that all individuals purchase insurance. It would allow people up to age 27 to stay on their parents’ insurance plan.


Flanked by Democratic leaders in a ceremony in front of the Capitol, House Speaker Nancy Pelosi, D-California, likened the legislation to the social safety net laws that created Social Security and Medicare nearly 45 years ago.


“Today we are about to deliver on the promise of making quality, affordable health care available to all Americans, laying the foundation for a bright future for generations to come,” Pelosi said. “The drive for health care reform is moving forward.”


It’s unclear whether Pelosi currently has the 218 votes needed to approve the bill. Republicans immediately blasted the bill, saying it would harm businesses.


“It will raise the cost of Americans’ health insurance premiums; it will kill jobs with tax hikes and new mandates; and it will cut seniors’ Medicare benefits,” said House Minority Leader John Boehner, R-Ohio, in a statement.


Shortly after the bill was introduced at the Capitol, President Barack Obama spoke to small-business owners at the White House. Obama sought to reassure them that the House bill would exempt 86 percent of small businesses from a requirement to provide insurance.


An earlier House version would have exempted employers with payrolls below $250,000 from a requirement to provide health insurance coverage to employees. In the latest version, that threshold now stands at $500,000. A penalty would be gradually phased in for businesses with payrolls of between $500,000 and $1 million that do not provide adequate health coverage.


But these employers remained skeptical that other costs would not get passed on to them, said James Gelfand, senior manager for health policy at the U.S. Chamber of Commerce, who attended the meeting.


“We hope the White House will put their foot down when it comes to forcing small employers to provide something they already struggle to afford,” said Dan Danner, president and CEO of the National Federation of Independent Business, a lobby representing small-business owners. “We encourage them not to hide behind flexible [and often moveable] exemptions with job-killing contribution requirements and heavy penalties, as we’ve seen in the House bill.”


Although the bill would take effect in 2013 if approved, Democrats stressed that it contains immediate insurance relief. If passed, it would immediately extend COBRA payments for laid-off workers until the national insurance exchange is set up.


It would also immediately prohibit insurers from rescinding health policies and it would create a fund to help uninsured Americans with high health risks purchase health insurance in the current market.


The bill is heading for a vote on the House floor, perhaps as early as next week. Action on a Senate bill is likely a couple weeks away.


—Mark Schoeff Jr. and Jeremy Smerd 



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