COBRA Regulations: Have COBRA Compliance

COBRA Regulations: Have COBRA Compliance
New IRS COBRA compliance regulations you need to be aware of

The IRS released Final and Proposed COBRA regulations and we want you to be aware of the changes so that your business will remain in COBRA compliance and avoid penalties. We are currently reviewing all health plans to insure that proper documents and procedures will be followed. You can help us by understanding the new laws.

Essentially, the changes relate to a recent Supreme Court decision (Geissal v Moore Medical Corp.) which mandates that “an employer may not deny COBRA continuation coverage to an employee on the grounds that he or she has already been covered by another health plan prior to making the COBRA election. COBRA may only be denied when the employee becomes covered by another health plan after he or she has elected COBRA continuation coverage.” While this rule has the potential to increase health plan costs, it should also simplify COBRA administration.

The lynchpin question is this: “Is the employee covered by another health plan before election to continue health insurance coverage with your company under COBRA Regulations?” If so, you are still obligated to offer to continue coverage.

Remember that it is our privilege and obligation to assist you with compliance issues. This allows you to focus your efforts on improving your business. Call today if you have additional questions.

*Headline Quote:

• Advise all active employees of their COBRA and HIPAA rights
• Maintain telephone records of inquiries about COBRA and HIPAA
• Refer all inquiries about COBRA compliance to our office.
  

*The headline quote is designed to accompany the article, but is printed next to the article in a larger font for added emphasis.

AmCheck offers nationwide COBRA compliance services. Get a quote.

Employee Evaluations & Appraisal

Employee Evaluations & Appraisal
Are you giving Fair Employee Performance Evaluation and Appraisal for Employee Retention?

Everybody likes getting a good “report card.” Unfortunately, our society’s educational grading process programs us to expect an “A” for average performance – for completing all of our work on time and turning everything in. You may encounter the same line of reasoning when it is time for employee evaluations.

Employees come to expect a top rating for average performance, and too often, supervisors are willing to give it to them. As Jonathan A. Segal puts it, "Poor employees are evaluated as marginally competent...and good employees [are rated] worthy of sainthood." The problem with the system is that it creates a liability for your company in the event that you terminate an employee for poor performance.

When an employee is evaluated as “marginally competent” when in fact his performance is substandard, the employer who dismisses him runs the risk of a discrimination lawsuit. An employee evaluation which doesn't clearly spell out the problems that caused the employee’s dismissal is going to make the employer come out smelling foul in court.

How do you avoid sending mixed signals? How do you evaluate employees fairly without damaging morale? Consider some of the following possibilities:

• Don’t focus entirely on the negative
• Keep a running record
• Administer discipline consistently
• Let the employee rank him/herself

Choose your words carefully. Train your supervisors to think about the possibility that someday they may be defending their criticisms in court, and to word them accordingly.

AmCheck offers nationwide Employee Performance Evaluations & Appraisal Services. Get a quote.

Employee Training and Development

Employee Training and Development
Employee Training: Giving company an edge

In today’s tight job market, one of your major obstacles to finding and retaining the best employees has become employee training. People simply don’t stay long when they know they have no future with a company. There are too many other options out there.

A company’s investment in employee training says, “You’re a valued employee, and your personal growth is important to us.” What’s more, employee training and development may be the key to keeping your whole business on the cutting edge. We can help. We provide an array of training opportunities as part of our service to you.

Aside from the fact that adequate training will boost morale, retention, and productivity, consider the savings that you might realize when your employees are properly prepared for their jobs. “Market conditions and technologies change so fast that your employees’ skills become obsolete at a rapid pace,” warns What’s Working in Human Resources newsletter. “Firms that train will leave those that don’t in the dust.”

There is yet another reason employee training program has value for your company. By providing opportunities for employees to become familiar with their co-workers’ responsibilities, you help employees value one another’s work. Take a close look at the work skills required for your company to function day-to-day.

Is there any employee whose skills are so valuable that you could not function without them for an extended period of time?

What training efforts could minimize the impact of this possible hazard?

We take employee training seriously, and our efforts to keep your employees up to date begin the day you enroll. Please contact a member of our Human Resources staff for a schedule of the training opportunities we are currently offering.

AmCheck offers nationwide HR Solutions & Employee Training & Development Programs. Get a quote.

Family and Medical Leave Act (FMLA Law)

Family and Medical Leave Act (FMLA Law)
FMLA Law - You don’t have to "read an employee’s mind"

When Ester Gay failed to report for work on June 22, her husband called her supervisor to report that she was hospitalized for “a few tests.” In fact, Ester had been admitted to a psychiatric hospital for treatment due to a nervous breakdown.

After six days, the supervisor had received no further information, and Ester was dismissed. She filed suit claiming that she was entitled to emergency leave under the Family and Medical Leave Act (FMLA). The court’s decision in the lawsuit is proof that there is still some justice in the world for employers weary of trying to comply with a bevy of government-imposed regulations.

Based on the information Ester’s husband gave, the employer had no way of knowing that her condition might have qualified her for leave under the FMLA Law, so when Ester’s attorney filed suit, the court ruled in favor of the employer.

According to HR Wire, “In order to take advantage of FMLA benefits, employees must provide notice to employers--normally, at least 30 days in advance where the leave is foreseeable based on planned medical treatment.” When the need for leave is not foreseeable, an employee generally must notify an employer within 48 hours. There are exceptional cases, but these are general guidelines.

When the need for leave is unforeseeable, the employee is only required to notify the employer that his or her condition is potentially FMLA-qualifying. The burden of determining whether the leave is in fact FMLA-qualifying then rests with the employer.

We are your employment ally. We’ll help you interpret the FMLA, and prevent you from taking employment action that has the potential to damage your company.

AmCheck offers nationwide HR Solutions & Family and Medical Leave Act (FMLA Law) interpretation services. Get a quote.

Hiring Minors: Fair Labor Standard Act

Hiring Minors: Fair Labor Standard Act
Prevent your company from child labor law violations - FLSA

At the conclusion of a long school year, when students have completed their final exams, the Employment Policy Foundation estimates that over 60% of teenagers, between the ages of 16-19, will look for summer employment. This equates to over 8 million new employees entering the workforce. For many employers, youth employment provides a relatively simple and cost effective resource that will help fill seasonal staffing needs.

However, what appears to be a mutually beneficial relationship could actually create undo liability for the employer. Both the federal government and the states legislators enforce regulations aimed at protecting minors from hazardous occupations and minimizing the disruption of school work. The federal government enforces child labor provisions through the Fair labor Standards Act (FLSA) and the states through various youth employment laws. Penalties for child labor violations range from $100 to $10,000 per occurrence, based on the severity of the violation. As such, it is imperative to know the laws before hiring a minor.

Federal v. State
It is not uncommon for an employer to be faced with contradicting regulations. For example, many states allow minors, 16 years and younger, to work until 10:00pm during the summertime. Conversely, the FLSA only allows for work until 9:00pm (7:00pm during the school year). So what to do? Follow the law that is most limiting. Where state laws are stricter than the federal FLSA, the state laws should be applied.

Age Certificates
According to the U.S. Department of Labor, the Federal Government does not require work permits or proof-of-age certificates. Most states, however, do require them for workers of a certain age. The purpose of these certificates is to protect the employer from prosecution for employing an under-aged worker. The possession of an age certificate constitutes a good faith effort to comply with the minimum age requirements. Generally, work permits can be obtained through the student’s school board or the state labor department. For specific requirements, as they apply to your state, please see the adjoining chart.

Allowable Job Duties
The employment of minors 14 – 15 years of age is severely limited by both state and federal law. Any job for a child under 16 is considered “oppressive” if it is the type of job that is typically restricted to older children. In addition, a job held by a 14 -15 year old must not interfere with school hours or the child’s well-being. The Department of Labor regulations do allow for certain non-hazardous jobs in the following types of businesses, primarily in office and sales jobs: retail establishments; movie theater, offices, fast food; newspaper delivery, entertainment and employment exclusively for a business owned by their parents. However, the states may also restrict the allowable jobs further.

Hours of Work and Rest Periods
In addition to the restricted job duties, 14 and 15 year olds are regulated in the hours they may work and the number and frequency of rest periods. These minors may work: no more than 18 hours per week during the school year; no more than 3 hours on a school day; no more than 8 hours on a non-school day and no more than 40 hours per week during non school weeks. Also, the work must be performed between the hours of 7 a.m. and 7 p.m., except from June 1 to Labor Day, when the evening hours are extended to 9 p.m.

Most states also require meal and rest periods periodically throughout the shift. They range from Maine and Massachusetts which require a 30 minute break after six hours of work to Washington which requires a 10 minute break every two hours plus an additional 30 minute meal after 4 fours of work.

Under the FLSA, 16 and 17 year-olds may be employed for unlimited hours in occupations other than those declared hazardous by the Secretary of Labor. Several States do restrict the number of hours and times of day that this age group may be employed.

As you can see from the examples above, there are many complex issues surrounding the employment of minors. Be sure to check with the Department of Labor or our Human Resource Department for additional regulations as they apply to your business and state.

State Work Permit or Age Certificate Provision

Alabama => Under 18

Alaska => Under 17

Arizona => No provision

Arkansas => Under 16

California => Under 18

Colorado => Under 16 to work on school days during school hours

Connecticut => Under 16

Delaware => Under 18

DC => Under 18

Florida => Parent affidavit

Georgia => Under 18

Hawaii => Required for minors 14 and 15. Age certificates required for minors 16 and 17.

Idaho => No provision

Illinois => Under 16

Indiana => Under 18

Iowa => Under 16

Kansas => Under 16

Kentucky => Proof of age required at job location

Louisiana => Under 18

Maine => Under 16

Maryland => Under 18

Massachusetts => Under 16

Michigan => Under 18

Minnesota => Under 16 during school term

Mississippi => Under 16 & parent affidavit

Missouri => Under 16 during school term

Montana => No provision

Nebraska => Under 16

Nevada => Under 14

New Hampshire => Under 16

New Jersey => Under 18

New Mexico => Under 16

New York => Under 18

North Carolina => Under 18

North Dakota => Under 16

Ohio => Under 16

Oklahoma => Under 16

Oregon => Under 18

Pennsylvania => Under 18.

Puerto Rico => Under 18.

Rhode Island => Under 16.

South Carolina => No provision.

South Dakota => No provision.

Tennessee => Proof of age required at job location

Texas => No provision.

Utah => Not required, but schools can supply age certificates.

Vermont => Under 16

Virginia => Under 16.

Washington => Under 18.

West Virginia => Under 16.

Wisconsin => Under 18

Wyoming => Proof of age required at job location

AmCheck offers nationwide HR Solutions & Fair Labor Standard Act (FLSA) Regulation services. Get a quote.

Increasing Your Hire Power

Increasing Your Hire Power
Employee Hiring Assessment Services- Tips to efficient employee hiring.

Had trouble hiring a qualified employee lately? If so, you certainly aren’t alone. The current low unemployment rates (as low as 3% in some states), coupled with an increased demand for employees with better-than-average job skills, making the hiring pool “shallower” than ever.

Placing a want-ad is no longer an effective means of finding qualified people--the competition for superb employees is just too fierce. Try using a less-obvious approach when you are searching for the perfect candidate. Jaqueline Lynn recommends the following procedures in an article published in the September 1997 issue of Entrepreneur:

It’s not what you know but who you know
This axiom, common among job-search candidates, applies for employers as well. Your personal and private acquaintances are a great network for “word-of-mouth” advertising when you have a job opening.

Employee referrals
Your employees themselves are a great resource for recommendations of individuals with appropriate skills. Consider offering a cash bonus for any employee who recommends a candidate who is hired.

Age is wisdom
Some of the best employees are retiree’s who are looking for extra income or a way to fill time. Post notices at your local senior citizen’s center.

Use an employment agency or an appropriate job bank
You will save time and money taking advantages of the fact that most agencies pre-screen their job candidates. Also, professional associations often maintain a job bank that could be a good source if you are interested in employees with specific skills--even potential candidates that live outside of your area.

Be sure your compensation package is at or above industry standards
Enrolling with a Personal Employer Organization may dramatically increase the scope and variety of benefits and “perks” you can offer your employees.

AmCheck offers nationwide Employee Hiring Assessment & Employee Leasing services. Get a quote.

Key trends shaping tomorrow’s workplace

Key trends shaping tomorrow’s workplace
Employee Benefits Consulting: Avail Advantages of Flextime

As long as the unemployment rate stays low, one of your difficulties as an employer will be attracting and retaining employees. One key to improving employee loyalty is a great package of benefits. Our services make it possible for you to offer your employees Fortune 500-level benefits, even if you are a small business. Your employees’ need for flexibility in scheduling has given rise to another popular workplace benefit: Flextime Benefit.

“Time now is as scarce as money and employees are much more likely to stay with an employer who gives them a say in setting their work schedule,” says Kathie Lingle, a Work/Life specialist. An astounding 55% of companies surveyed by the Society for Human Resources Management say they offer flexible work scheduling.

There are several different types of flextime. For some companies, flextime allows workers to choose their own starting and quitting hours. Some companies offer a four-day (10 hours/day) workweek. Still other businesses simply allow workers to borrow hours and carry them from one workday to the next.

For Flextime to work, you need to set down some ground rules in advance. Management needs to be non-controlling, and willing to trust workers not to abuse the system. If you choose to offer flextime, make sure employees understand that core business functions always need to be covered, and management reserves the right to make necessary adjustments.

*Headline quote:
“Flextime is the number-one driver of employee retention.”
-Kathie Lingle, National Director of Work/Life at KPMG LLP.

The Advantages

1. Ability to compete for top workers
2. Improved recruiting abilities
3. Reduced absenteeism and tardiness
4. Improved morale
5. Gives employees more time with families, may save child and eldercare expenses
6. More continuity in shiftwork—nurses, policework, etc.

The Disadvantages

1. Challenging to manage—supervisors can’t always see when work is being done.
2. Bosses or supervisors not always on hand to answer questions or handle problems
3. Difficult to schedule in-house meetings
4. May give rise to demands for even more flexibility - like telecommuting
5. Workers may use extra time for a second job which results in increased fatigue and safety risks
6. Covering for sick leave, vacations presents challenges.

AmCheck offers nationwide Employee Benefit Services & Flextime solutions. Get a quote.

Making your workplace a Drug Free Workplace

Making your workplace a Drug Free Workplace
Drug Free Workplace Act

Small Businesses are the newest draftees in the U.S. Government's War Against Drugs, as new legislation regarding drugs in the workplace has recently become federal law. Sponsored by Rep. Robert Portman (R-Ohio), the Drug-Free Workplace Act is intended to make drug-free workplaces a reality. While up to 98% of Fortune 200 companies have drug-free workplace policies, only 3% of smaller businesses do. The goal of Portman's legislation is to close this gap.

Portman's theory is that small businesses recognize the need for drug-free workplace programs, but they lack the resources to implement them. Estimates are that increased workers' compensation premiums, the cost of replacing stolen inventory, and lost productivity (all recognized hazards of worksite drug abuse) result in the loss of $200 billion annually. Portman hopes to reduce those losses.

Just as the government provides assistance in writing business plans and providing loans for small businesses, it is in a logical position to offer assistance to small businesses that want to institute drug-free policies.

We can put you in touch with agencies that are prepared to help you as a result of this legislation, and we are able to offer additional assistance to you in your efforts to make your workplace a "drug-free workplace zone."

Protecting your profits and your employees against difficulties caused when one of your workers deals with a substance abuse problem is a hefty responsibility. It is one of many concerns we are prepared to help you deal with.

Contact a representative in our Human Resources Department for more information about what advantages we can offer your company in the war against drugs.

AmCheck offers nationwide HR Solutions to build Drug free workplaces. Get a quote.

Manager's Training

Manager's Training
Employee Training and Development: Poor performance has many causes

"Did you hire the wrong person, or did you ruin him after you hired him?" That is a question you must consider before terminating an employee because of poor performance. Poor performers are sometimes simply lazy. More often, however, they have been improperly trained. Before you resort to termination, try one or more of the following suggestions related to employee training and development:

Give employees accurate job descriptions
Have you been clear about what you expect? Consider the possibility that your employee isn't doing what you want him to because he doesn't understand what his responsibilities are. Have a single individual responsible for all employee training and development (so no one can slip through the cracks), and be sure assigned tasks are “relevant,” not simply busy work.

Have reasonably demanding expectations
Expectations work two ways. You need to be certain that you don't expect too much; but on the other hand, you shouldn't resort to giving easier assignments if an employee can't handle the tougher ones. Don't reward slothfulness. Be willing to consider the fact that your employee’s way of doing things is better than your way. Prioritize assignments so employees know which ones need to be finished first.

Communicate when there is a problem
If you say nothing, your employee has every right to assume she is doing fine. Give positive feedback. When there is a problem, be certain you attack the "root of the problem" not the individual.

Expect a report of results
A common expression is "employees do what is inspected, not what is expected." Eliminate “hovering” by expecting employees to report to you after a task is completed.

AmCheck offers nationwide Employee Training & Development Services. Get a quote.

Never Hire Another Dud!

Never Hire Another Dud!
Employee Assessment Services: Use skills assessments testing to help the “weed out” process

Jose manages the IT department in a large firm that has been hit hard by the slow economy. The firm was forced to do some significant downsizing, so the company’s workforce was cut back to “subsistence levels.” Recent improvements in the economy have finally given the company some breathing room, so Jose is looking to fill two key positions—one for a programmer, and one for the call center.

If Jose thought he was busy before, the response to his ad (over 250 resumes total) has him completely overwhelmed. Jose knows he can’t afford to make a poor hiring decision right now, and he doesn’t have time to comb through all of those resumes for employee assessment looking for candidates that are truly the best qualified.

“The flood of applications submitted by job seekers is actually causing problems for those organizations that are not properly equipped to deal with increased levels of job seeker activity,” according to Charles Handler, PhD. “This has created a situation in which many companies are squandering their chance to catch the best fish in the talent pool because they are not properly equipped for employee hiring assessment and to identify the most-qualified applicants.”

Fortunately, Skills Assessments testing have made the “weeding out” process much simpler for managers like Jose. Our company can now offer “skills assessment” testing for a variety of job positions. Your applicants will spend a few minutes taking a test that will provide you with a comprehensive report that will clarify each applicant’s proficiency in specific skills. Reports document proficiency by skill type, task type, question level and the time it took the applicant to answer each question.

Jose could reasonably cut his applicant pool down to 15 people or less for each position, then invest a few hours in careful interviewing, and find the individual best suited for each new job. He’ll save lots of time, and he’ll sleep easier knowing he’s making an informed hiring decision.

We can put this same technology to work for you. Please call today for more information.

AmCheck offers nationwide Employee Assessment Services. Get a quote.