Managing Employees in the Gig Economy

Managing Employees in the Gig Economy

Understandably, some employers (and employees) have mixed feelings about the gig economy. While many enjoy the freedom gained and overhead saved, others miss office camaraderie and routine. No matter your position, research shows that the trend isn’t going anywhere anytime soon. By 2021, 9.2 million Americans will work on-demand jobs, and so employers need to start asking themselves how they plan to keep employees of all stripes engaged in office work and culture.

As HR Technologist cautions, employee engagement goes both ways.While employers should be concerned about the reliability and loyalty of their freelance pool, they must also maintain strong relationships with their current full-time employees. Best practices for addressing this include providing similar perks to all workers, using in-depth onboarding services and training, and maintaining meticulously open lines of communication.

It is also important to remember that integration like this can’t happen overnight. Building a strong and diverse team, whether fully remote or mixed, takes time. Many companies are engaging “future ready” practices, so that hybrid workforces can be available whenever a particular company is ready to consider open options. Such practices are rooted primarily in savvy digital platforms, allowing for collaboration and innovation, as well as clear conversations about benefits and salaries. Not only do such techniques strengthen the current team, but they also position organizations as solid competitors for rising digital talent. Finally, remember that talent management isn’t merely an agenda item. It’s also a driving tool for strategic decisions about innovation, growth, and performance ability.

While there is no one established way forward, it’s clear that employers who are cognizant of the growing gig economy trend are able to both deepen and strengthen their current talent pool while looking toward the future.

by Bill Olson
Originally posted on UBAbenefits.com

Addressing Mental Health Care at Work

Addressing Mental Health Care at Work

Nancy Spangler, senior consultant at the Center for Workplace Mental Health of the American Psychiatric Foundation, says that one in five adults has a mental health disorder, and one in 10 has a substance abuse problem. In addition, major depression and its associated conditions cost the U.S. over $210 billion every year. Clearly, mental health is an issue we need to investigate both in our offices and across the country.
Many organizations have found that simply by working with employees to recognize depression, build empathy, and find resources, increased EAP utilization while claim dollars did the opposite. In most cases there was no formal program involved—leadership simply began talking about the issue, and the reduced stigma led to better health (and better offices!).
What can we do besides reducing stigma, especially from the top down?At the 2018 Health Benefits and Leadership Conference, experts listed five “buckets” of challenges in addressing mental health: access to care, cost of care, stigma, quality, and integration. Breaking these down into individual components not only helps employees find the support they need and deserve, but it further reduces stigma by refusing to separate mental health from medical coverage or wellness programs. Experts also recommend inviting EAPs to visit offices in person, instead of simply suggesting employees call when they can. Another increasingly popular technique is text-based therapy. This a great fit for many employees because someone is always available and the conversation is always private, even when the client is sitting at a desk in a shared space.
In addition to reducing stigma through transparency and access, employers can also help increase the quality of care available to employees. One key move is simply asking for data. How do vendors evaluate quality, meet standards, and screen for illness? Do health plan members have confidential ways to report their experiences? Mental health care should be seen no differently from other kinds of health care. Employees who have access to quality, destigmatized mental health care build stronger, more functional, and ever-happier workplaces.

By Bill Olson
Originally posted on UBAbenefits.com

Back to School Time Off Tips

Back to School Time Off Tips

The coals from the Labor Day barbecues have cooled, the beach chairs have been returned to their sheds, the ice cream shops have scaled back their hours, and the white shoes have been set aside for the next nine months. Whatever the end of summer means to you, for millions of families, it signals the return to school for children in preschool through college.
This means your employees will likely need to take a few hours out of their workday occasionally to participate in their children’s education. Parents’ fall calendars are often packed with school events, parent-teacher conferences, and/or parent meetings – some of which will inevitably occur during their usual working hours – and any flexibility you give them to attend these events, or even volunteer in the classroom or chaperone a field trip, will be greatly appreciated.

Where it’s the law

Nine states and the District of Columbia have passed laws protecting parents’ rights to take small increments of time away from work to attend to school matters. They vary widely in their specifics regarding eligibility for leave, whether the time is paid or unpaid, and the amount of time available for use. (ThinkHR customers can get details about each state’s provisions by clicking the act titles listed below after logging into to your ThinkHR account.)

Even if it’s not the law

It’s a best practice to offer flexibility to all employees so that they can meet the obligations of daily life while still performing at their peak at work. It goes a long way toward making an employee feel good about where they work when they can see their child perform in a school play, take their dog to the vet, or accept an appliance delivery without worrying about missing a couple hours of work or needing to take a full day off.
The beginning of fall is a great time to review your established time off policies to see how you can accommodate parents and guardians who need to meet school obligations as well as giving all employees the flexibility to attend to the other small necessities of life.
In many cases, your established policies may not need to change. Depending on the needs of your workplace, your state laws, and the employee’s position, this could mean allowing employees to make up a few hours of work, take an extended lunch period, shift their schedule to start earlier or later to still get a full day in, or use personal, vacation, or PTO time in small increments.

How can we help?

ThinkHR customers can get up-to-date information on state and federal leave regulations for just about every kind of leave designation (family and medical, jury duty, voting, military, etc.) on Comply. In addition, the Employee Handbook Builder includes compliant and customizable leave policies specific to each state and our Learn training catalog contains leadership and employment law courses to help your managers handle employee situations with added confidence.
Originally Published By ThinkHR.com

SCOTUS 2018 Roundup and 2019 Preview

SCOTUS 2018 Roundup and 2019 Preview

The Supreme Court of the United States (SCOTUS) heard several cases with employment implications during their 2018 session, including the following four cases we covered in detail. (Click the case names to read the full articles.)

  • Encino Motorcars, LLC v. Navarro: Encino shifted the burden of proof in Fair Labor Standards Act (FLSA) overtime exemption cases to the plaintiff, meaning that if employees cannot prove they were misclassified, they will not be entitled to overtime pay.
  • Epic Systems Corp. v. Lewis: Epic held that employers may enforce class action waivers in arbitration agreements rather than being obligated to allow employees to unite in a class action suit.
  • Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission: Masterpiece argued the key civil rights issues of discrimination versus freedom of religion. Although both sides declared a win, the court simply decided that the law is the law and employers cannot deny equal access to goods and services but also religion remains a highly-protected civil right.
  • Janus v. American Federation of State, County, and Municipal Employees: Janus ruled that public sector employees are not required to pay fees to a union they choose not to join, even if they receive the benefits of the union’s negotiations.

Notable cases that SCOTUS declined to hear in 2018 touched on tip pooling, Americans with Disabilities (ADA) leave, age discrimination, sexual discrimination, and compensation during rest breaks.
The overall trend in the 2018 rulings was a tendency to favor employers. This conservative lean of the court was also reflected in its ruling in Trump v. Hawaii, where the court held the president lawfully exercised the broad discretion granted to him under federal law to suspend the entry of people from certain countries into the United States.

What’s Coming Up?

With Brett Kavanaugh’s potential confirmation as the new SCOTUS justice due to Justice Kennedy’s retirement, SCOTUS will likely continue on the conservative trend. The EEOC is speculating that cases potentially on the docket for the Supreme Court next season may be related to age discrimination, equal pay, sexual orientation, and gender identity, including possible appeals of these circuit court decisions:

  • Rizo v. Yovino: The Ninth Circuit Court of Appeals held that under the federal Equal Pay Act an employer cannot justify a wage differential between male and female employees by relying on prior salary.
  • EEOC v. R.G. & G.R. Harris Funeral Homes: The Sixth Circuit Court of Appeals ruled that employers may not discriminate against employees because of failure to conform to sex stereotypes, transgender, or transitioning status.
  • Kleber v. CareFusion Corporation: The Seventh Circuit Court of Appeals found that an outside job applicant can assert a disparate impact claim under the federal Age Discrimination in Employment Act. (Disparate impact refers to employment practices that appear to be nondiscriminatory but adversely affect one group of protected class individuals more than others.)
  • Zarda v. Altitude Express, Inc.: The Second Circuit Court of Appeals ruled that Title VII protects employees from discrimination based on sexual orientation.

Other cases being considered include the applicability of the Age Discrimination in Employment Act (ADEA) to small public employers, whether the Federal Arbitration Act applies to independent contractors, and whether payment to an employee for time lost from work is compensation subject to employment taxes.
Originally posted on thinkhr.com

6 Reasons Self-Funded Plans Are Gaining Popularity

6 Reasons Self-Funded Plans Are Gaining Popularity

Since the ACA was enacted eight years ago, many employers are re-examining employee benefits in an effort to manage costs, navigate changing regulations, and expand their plan options. Self-funded plans are one way that’s happening.

In 2017, the UBA Health Plan survey revealed that self-funded plans have increased by 12.8% in the past year overall, and just less than two-thirds of all large employers’ plans are self-funded.

Here are six of the reasons why employers are opting for self-funded plans:

1. Lower operating costs frequently save employers money over time.
2. Employers paying their own claims are more likely to incentivize employee health maintenance, and these practices have clear, immediate benefits for everyone.
3. Increased control over plan dynamics often results in better individual fits, and more needs met effectively overall.
4. More flexibility means designing a plan that can ideally empower employees around their own health issues and priorities.
5. Customization allows employers to incorporate wellness programs in the workplace, which often means increased overall health.
6. Risks that might otherwise make self-funded plans less attractive can be managed through quality stop loss contracts.

If you want to know more about why self-funding can keep employers nimble, how risk can be minimized, and how to incorporate wellness programs, contact us for a copy of the full white paper, “Self-Funded Plans: A Solid Option for Small Businesses.”

by Bill Olson
Originally posted on ubabenefits.com