by admin | Dec 11, 2018 | Human Resources, Workplace
As the holiday season approaches, the economy is humming along, unemployment is low, and companies are enjoying the fruits of corporate tax breaks. Time to celebrate? Not so fast, according to the 2018 Holiday Party Survey by Challenger, Gray & Christmas. The survey found that just 65 percent of companies are holding holiday festivities this year, the lowest rate since the 2009 recession.
While in 2009, holiday parties were skipped for financial reasons, the 2018 causes are more complex. Andrew Challenger, VP of Challenger, Gray & Christmas, speculates that the two biggest factors are #MeToo and an increase in the number of remote employees.
If your company is among those celebrating the holiday season this year, what can you do to avoid liability from sexual harassment, alcohol consumption, and other categories of risk?
Risk: Harassment Allegations
- Communicate behavior expectations to employees ahead of time. Consider using this language to set standards of conduct. You may even choose to redistribute your sexual harassment policy. Be sure to emphasize that all employee policies apply at the party, even if it is off-site or after work hours. Racial or sexual jokes, inappropriate gag gifts, gossiping about office relationships, and unwelcome touching will not be permitted during the holiday party, just as they are not allowed in the office.
- Do not allow employees to get away with bad behavior. Remind your supervisors to set a good example and keep an eye out for employee behavior that needs managing at the event.
- Follow up immediately on allegations of inappropriate behavior and conduct a thorough investigation of the facts, even if the alleged victim does not file a complaint and you only hear about the behavior through the grapevine. If corrective action is warranted, apply it promptly.
- Invite significant others or families. Employee behavior tends to improve at company events when spouses or partners and children are present. If your budget allows, include the entire family in the celebration. Be sure to review your liability coverage with your broker first.
- Avoid incidents related to relaxed inhibitions by following the tips for reducing alcohol-related risks (see below).
Risk: Alcohol-Related Incidents
- Take steps to limit alcohol consumption. If alcohol will be served, provide plenty of food rich in carbohydrates and protein to slow the absorption of alcohol into the bloodstream. You can also have a cash bar, limit the number of drink tickets, or close the bar early to deter over-consumption. Also have a good selection of nonalcoholic beverages or a tasty signature “mocktail” available. Make sure water glasses are refilled frequently.
- Get bartenders on board. If you have underage workers or invite children of employees, be sure that servers ask for ID from anyone who looks under age 30. Ask servers to cut off anyone who appears to be intoxicated.
- Make sure employees get home safely. Offer incentives to employees who volunteer to be designated drivers, offer to pay for ride shares or taxis, or arrange group transportation or accommodations. Planning for safe transportation can potentially minimize your liability if an employee causes an accident while driving under the influence.
- Do not serve alcohol if your party is at the office and your policies do not permit drinking on company premises or during work hours. Deter employees from an informal after-party at a bar or restaurant where the alcohol could flow.
Risk: Workers’ Compensation Claims
- Keep the party voluntary and social. Typically, workers’ compensation does not apply if the injury is “incurred in the pursuit of an activity, the major purpose of which is social or recreational.” If the carrier determines that the company party was truly voluntary and not related to work, you may not be liable for injuries sustained at the party.
- Go offsite. Hosting your holiday party at an offsite location is a smart idea. Your employees will be thankful for the change in setting, and this could reduce insurance liabilities for your company, especially when it comes to third-party alcohol and injury policies.
- Check with your broker before the party. Review your insurance policies and party plans to make sure you do everything you can to avoid risk and know how to handle any incidents that result from the party.
Risk: Perceptions of Unfairness
- Determine how to handle pay issues in advance of the party. You’re not required to pay employees who voluntarily attend a party after hours. However, nonexempt employees need to be compensated if they are working the party or if attendance is mandatory. If the party is held during regular work hours, then all employees must be paid for attending the party.
- Decide in advance whether and how to include remote employees, independent contractors, temporary employees, or agency workers. Be consistent in sending invitations, and if a category of workers will not be invited to the party, consider other ways to reward them for their hard work throughout the year, such as gifts.
- Do not penalize employees who choose not to attend. The message may be misinterpreted and could create employee relations concerns. Be considerate of those who do not attend the event due to religious beliefs, sobriety, mental health issues, family obligations, child care conflicts, or any other reasons. Avoid religious symbols or themes as they could offend individuals of different faiths.
by Rachel Sobel
Originally posted on ThinkHR.com
by admin | Dec 5, 2018 | ACA, Compliance, IRS
On November 29, 2018, the IRS released Notice 2018-94 to extend the due date for employers to furnish 2018 Form 1095-C or 1095-B under the Affordable Care Act’s employer reporting requirement. Employers will have an extra month to prepare and distribute the 2018 form to individuals. The due dates for filing forms with the IRS are not extended.
Background
Applicable large employers (ALEs), who generally are entities that employed 50 or more full-time and full-time-equivalent employees in 2017, are required to report information about the health coverage they offered or did not offer to certain employees in 2018. To meet this reporting requirement, the ALE will furnish Form 1095-C to the employee or former employee and file copies, along with transmittal Form 1094-C, with the IRS.
Employers, regardless of size, that sponsored a self-funded (self-funded) health plan providing minimum essential coverage in 2018 are required to report coverage information about enrollees. To meet this reporting requirement, the employer will furnish Form 1095-B to the primary enrollee and file copies, along with transmittal Form 1094-B, with the IRS. Self-funded employers who also are ALEs may use Forms 1095-C and 1094-C in lieu of Forms 1095-B and 1094-B.
Extended Due Dates
Specifically, Notice 2018-94 extends the following due dates:
- The deadline for furnishing 2018 Form 1095-C, or Form 1095-B, if applicable, to employees and individuals is March 4, 2019 (extended from January 31, 2019).
- The deadline for filing copies of the 2018 Forms 1095-C, along with transmittal Form 1094-C (or copies of Forms 1095-B with transmittal Form 1094-B), if applicable, remains unchanged:
- If filing by paper, February 28, 2019.
- If filing electronically, April 1, 2019.
The extended due date applies automatically so employers do not need to make individual requests for the extension.
More Information
Notice 2018-94 also extends transitional good-faith relief from certain penalties to the 2018 employer reporting requirements.
Lastly, the IRS encourages employers, insurers, and other reporting entities to furnish forms to individuals and file reports with the IRS as soon as they are ready.
by Kathleen Berger
Originally posted on ThinkHR.com
by admin | Nov 29, 2018 | Health & Wellness, Human Resources
Picture this: You are sitting at your desk at 3pm and you realize you haven’t gotten up from your chair all day. You look around and see that you’ve been snacking instead of eating a lunch. You have read the same sentence 4 times and still can’t figure out what it means. Your back hurts, your eyes feel dry, and you feel kind of blah. You, my friend, are a victim of the sedentary lifestyle in America. How can we combat this lack of energy and inattentiveness in our workplace? By adopting healthy workplace initiatives, you will reap the benefits of a more engaged workforce and a healthier environment.
What’s the problem?
- The average worker sits 5 hours at a desk every day
- Add in couch time, sitting to eat meals, commute, and sleeping, and it could mean that the average adult is only active for 3 hours in a 24-hour period
- Prolonged sitting is directly related to higher risk of heart disease, weight gain, and diabetes
- Poor posture can lead to chronic health issues such as arthritis and bursitis
- Staring at computer screens for long amounts of time lead to higher instances of headaches and migraines
What’s the solution?
- Healthy snack options in vending machines—SnackNation and Nature Box have healthy snack delivery services for offices of all kinds and sizes.
- Fitness challenges—Encourage different office-wide challenges to promote a more active lifestyle.
- Standing desks—Companies such as Varidesk make standing desks or sit/stand desks that lower and raise so that you vary your position during the day
- Reduces back pain
- Burns more calories during the day
- Increases energy
- Some insurance companies will cover all or portion of the cost if they deem it “medically necessary.”
- Practice gratitude—keep a daily log of things to be thankful for that day
- Shown to ease depression, curb appetite, and enhance sleep
- Spirit of gratefulness leads to more sustainable happiness because it’s not based on immediate gratification, it’s more of a state of mind
- Get moving during the day—if your office doesn’t have sit/stand desks, schedule time to move each day
- Stretch time/desk yoga
- Computer programs to remind you to move such as “Move” for iOS and “Big Stretch Reminder” for Windows
- Extra happiness in the office—
- Add a plant
- Aromatherapy
- Host a cooking class to encourage healthy meal plans
- Pet-friendly office days
By showing your employees that you care about their physical and mental health you are showing that you care about them as people and not just employees. This results in higher motivated staff who are healthier. The Harvard Business Review even says that “employers who invested in health and wellness initiatives saw $6 in healthcare savings for every $1 invested.” You cannot always measure ROI on personnel investment but it looks like for workplace wellness, you can! Now get moving and get your office moving!
by admin | Nov 20, 2018 | Health & Wellness
When flu season hits, absenteeism skyrockets and productivity drops. In a recent article, Employee Benefit News points out that the first step is the “ounce of prevention,” the flu vaccine. Providing for vaccination can be a smart benefit to offer employees, and it requires navigating misinformation about the vaccine, motivating employees to act, and contending with supply issues. For employers who want to increase vaccination rates, experts suggest making the process more convenient or incentivizing getting a shot. On-site programs are more effective since they are not only more convenient but also allow employees to be motivated by seeing their coworkers getting the shot. Regardless of approach, careful planning – from scheduling to ordering to addressing employee concerns – can help an office place stay healthier.
Last year’s flu season was the worst on record, per the CDC. Shared spaces and devices make offices and workplaces perfect places for flu germs to spread. As an article in HR Dive shows, 40% of employees with the flu admit to coming to work and 10% attend a social gathering while sick. Should an employee contract the flu, employers need to have policies in place that empower and encourage workers to stay home when sick.
In “Threat of Another Nasty Flu Season Prompts Workplaces to Be Proactive,” Workforce echoes the importance of the flu shot and a no-tolerance policy toward sick employees coming to the office. Policies and a culture that encourage self care over powering through an illness can help foster calling in when needed. The article also reinforces other preventative behaviors like hand washing, staying home while feverish, and coughing into your elbow.
Read more:
HR’s recurring headache: Persuading employees to get a flu shot
40% of workers admit coming to work with the flu
Threat of Another Nasty Flu Season Prompts Workplaces to Be Proactive
by Bill Olson
Originally posted on UBAbenefits.com
by admin | Nov 14, 2018 | Compliance, Hot Topics
The Department of the Treasury (Treasury), Department of Labor (DOL), and Department of Health and Human Services (HHS) (collectively, the Departments) released their proposed rule regarding health reimbursement arrangements (HRAs) and other account-based group health plans. The DOL also issued a news release and fact sheet on the proposed rule.
The proposed rule’s goal is to expand the flexibility and use of HRAs to provide individuals with additional options to obtain quality, affordable healthcare. According to the Departments, these changes will facilitate a more efficient healthcare system by increasing employees’ consumer choice and promoting healthcare market competition by adding employer options.
To do so, the proposed rules would expand the use of HRAs by:
- Removing the current prohibition against integrating an HRA with individual health insurance coverage (individual coverage)
- Expanding the definition of limited excepted benefits to recognize certain HRAs as limited excepted benefits if certain conditions are met (excepted benefit HRA)
- Providing premium tax credit (PTC) eligibility rules for people who are offered an HRA integrated with individual coverage
- Assuring HRA and Qualified Small Employer Health Reimbursement Arrangement (QSEHRA) plan sponsors that reimbursement of individual coverage by the HRA or QSEHRA does not become part of an ERISA plan when certain conditions are met
- Changing individual market special enrollment periods for individuals who gain access to HRAs integrated with individual coverage or who are provided QSEHRAs
Public comments are due by December 28, 2018. If the proposed rule is finalized, it will be effective for plan years beginning on or after January 1, 2020.
by Karen Hsu
Originally posted on ubabenefits.com
