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November 4, 2015
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Preventing a DOL Overtime Audit

Proposed Changes to FLSA White Collar Exemption Rules It is estimated that more than 50 percent of all employers groups have misclassified their employees under the FLSA, although many do not realize it. Payroll errors can trigger a DOL audit, which not only opens your business up to significant fines but can also harm your company’s reputation and can be an administrative burden. During a DOL audit, the DOL will visit your company to conduct interviews, examine time clocks and ensure that all employment notifications are available to your employees. The auditor will also review up to three years of wage and hour records to determine if there are any violations in your payroll practices.   Audit Prevention Strategies To minimize compliance risks, consider the following recommendations: Review your employees’ job descriptions to make sure they are accurate and reflect the jobs that employees are actually doing. Review your employee’s job duties to evaluate whether they fall within the “white collar” exemptions. Determine whether […]
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October 28, 2015
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Prospective Employee Background Checks

Question: May an employer perform a background check on prospective employees? If so, when? Answer: Background checks are permitted; however, in general, they should not be completed before an employer has made the employee an offer of employment. Background checks provide employers with the means to verify the accuracy of information provided by a job applicant as well as gain other information about an individual that is relevant to employment. For example, a background check may verify previous employment, salary, education, and any of the following, as applicable: Military service records Driving records Credit records Social Security number Character references State licensing records Criminal records Employers may utilize a third party to collect background check information or personally gather information through computerized and posted public records, commercial databases, and Internet search engines. However, employers must ensure that any employed third party or Internet-provided information maintains strict compliance with federal and state laws. Working with a third party is highly encouraged […]
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October 21, 2015
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Cyber Security For Your Business

Question: What are some steps we can take to protect our business, employees, and customers from the threat of hackers and data breaches? Answer: Cyber security is a serious and integral part of any computerized workplace and requires your attention to prevent breaches. To best protect your business, employees, and customers, take the following steps to ensure cyber security at all levels of your business: 1. Start with ensuring that your IT professionals responsible for building and securing your information networks have the capabilities and resources for assessing and managing your IT risk and security needs. This should include, at a minimum, identifying and protecting the proprietary data that could be potentially at risk with a secure, hidden, encrypted Wi-Fi network, password protections and firewalls to prevent hackers from accessing sensitive data. 2. Create concise workplace policies that detail cyber security, how to handle breaches, and penalties for violations. Train all employees on what they can do to prevent these […]
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October 14, 2015
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Seven Ways To Create A Welcoming Workplace For Aging Workers

While many employers have an aging workforce, few are taking steps to prepare for the challenges and risks that come with the changing demographic, according to a Society for Human Resources and Management (SHRM) survey. OSHA’s current ergonomic inspection plan combines: 2015 Healthcare Initiative (expands on the 2011 Nursing Home National Emphasis Program) Inspection of workplaces in industries with significant number of injuries related to ergonomic hazards Responding to employee complaints Industries with specific OSHA guidelines include: Shipyards Poultry processing Retail grocery stores Nursing homes Meatpacking plants What employers should do The physiological and biological changes that occur with aging can lead to reduced balance and reaction time, visual deficits, less strength, endurance and flexibility, loss of hearing, susceptibility to sprain or strain injuries and soft tissue injuries, and so on. Yet, while it’s important to understand the changes that occur with aging, all older workers are not the same and their limitations should not be pre-judged. To reap the […]
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October 7, 2015
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Cyber Security Awareness

October is officially Cyber Security Awareness month, but a reminder for consumers to review their bank statements and credit card bills to confirm that all the transactions listed are legitimate is good to remember every month. Individuals should also be vigilant when using their smartphones, tablets and other devices that store personal information digitally. Launched by the National Cyber Security Alliance and the U.S. Dept. of Homeland Security in October 2004, Cyber Security Awareness month has grown to include the participation of industry experts, their customers and employees; and the general public. Experts in CNA’s Cyber Preparedness Center have shared 15 tips for companies and individuals to minimize their exposure to cyber-attacks. General Security Make sure passwords are at least eight characters long and contain both uppercase and lowercase letters, as well as special characters. Consider using a phrase to help create your password. For example, “Jack and Jill went up the hill,” becomes “J_Jwuth.” Never use the “Remember Password” software […]
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September 30, 2015
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Safe Driving Practices Can Lower Work Comp Costs

Millions of people drive as part of their job, but many non-professional drivers never receive driving safety training. It’s easy to think that common sense will keep workers safe. Use seatbelts, don’t text and drive, obey speed limits, don’t drink and drive, take a break if tired …we have all heard the mantras hundreds of time. Yet, the data clearly shows that relying on common sense is not enough. According to Injury Facts, the average economic cost due to a crash was more than $1 million per death, and more than $78,000 per nonfatal disabling injury. Motor vehicle accidents were the leading cause of occupational fatalities in the U.S. in 2012, accounting for 25% of deaths. Truck drivers accounted for 46% of these deaths. Some of the major issues include: Distracted driving Distracted driving is not only texting, but also includes e-mailing, Web browsing, social media activity, phone calls, and even putting an address into a GPS. According to the […]
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September 23, 2015
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From UNICO HR Solutions – Benefits and Hiring a Former Temporary Worker

Question: What is the waiting period requirement for benefits after hiring a long-term temporary agency worker as a regular employee? Answer: A temporary agency employee is not an employee of the contracting company; he or she is employed by the agency and would be subject to the agency’s compensation and benefits policies as an employee of that agency. The period of time that the agency worker worked for your company as a temporary employee before he or she was hired on a regular full-time basis would not meet the definition of an “active employee” in satisfying the waiting period requirements under your group health plan. Upon hire with your company, this employee would need to meet the eligibility requirements of the plan including the waiting period required of all regular employees. If you are considering waiving the waiting period requirements to include the time he or she worked as a temporary agency employee, please review your plan requirements and consult […]
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September 16, 2015
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How To Avoid Hiring a Work Comp Claim

One of the best ways to reduce the costs of workers’ comp claims is to avoid hiring an employee who is not fit to perform the essential functions of the job. While that may seem easier said than done, particularly in light of the many laws governing the hiring process, one tool has proven to be effective, but is underutilized. And that is the post-offer, pre-hire physical exam. Typically, this consists of a medical history questionnaire and a pre-employment physical exam. The purpose is to measure the individual’s ability to safely perform the job for which they are hired. It’s important to remember that this can only be done after a conditional offer of employment has been made and it carries with it American with Disabilities (ADA) accommodation issues if you have more than 15 employees (five in California). Also, consistency and confidentiality is critical. The exam must be required of all persons offered positions in the same job category […]
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September 9, 2015
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From UNICO HR Solutions – FMLA and Continued Benefits

Question: What benefits must be continued while an employee is on Family and Medical Leave Act (FMLA) leave? What should we do with an employee who is not making his share of the copayments while out on leave? Answer: Family and Medical Leave Act (FMLA) regulations require that employers continue to provide group health benefits under the same terms and conditions as if the employee was actively at work. There is no requirement under the FMLA to continue other types of benefits offered by the employer. Whether or not an employee’s other benefits continue depend on an employer’s established policy. Any benefits that would be maintained if the employee was on another form of leave should be maintained while the employee is on FMLA leave. Part of the requirement to continue health insurance benefits “under the same terms” means that both the employer and employee must continue to pay their portions of the group health insurance premium, unless the employer […]
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September 2, 2015
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Work Comp Management- 3 Key Points To Lower Costs

For the unprepared, workers’ compensation (WC) issues can be both confusing and costly. Fortunately for employers, there are ways to actively engage Work comp issues to influence their outcomes. Through management controls and active involvement in the Work comp process, your organization can effectively influence related costs. To do so you will have to establish a number of your own processes that guide decision making throughout your organization. Areas requiring Work comp management can be divided into three main categories. These categories include facets that may range from the simple to the complex but, as a whole, address vital issues that can negatively influence WC costs in your company. 1. Workplace Safety Means Fewer Claims Simply put, reducing claims reduces costs. Establishing a safety-minded culture throughout every level of your company is essential to keeping workers injury free. However, establishing such a culture isn’t an overnight solution. To be successful, an ongoing commitment to safety must be made. Such a […]
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August 26, 2015
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Employment Practices Liability Insurance- An often overlooked insurance policy

Virtually every business has insurance to cover a fire, theft, automobiles, and general liability exposures. Did you know if is far more likely that a company will face an employee lawsuit than the terrible effects of a fire? Almost 75% of all litigation against companies today involved employment disputes, and the typical expense of a lawsuit exceeds $250,000 in judgments, attorney’s fees and costs. Over the past ten years, an average of more than 79,000 EPL charges have been filed annually with the EEOC, resulting in more than $2.2 billion in benefits for complainants. Monetary awards increased 73% between 1996 and 2004, when the total amount awarded topped $250 million. Not only are the numbers of employment-related claims increasing, but so is the potential financial risk to your business. Defending a wrongful termination or discrimination claim whether you are innocent or guilty, or even if the claim is groundless or fraudulent can be expensive. The potential exposure for a money […]
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August 19, 2015
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Why Does the Proposed Rule Matter?

Proposed Changes to FLSA White Collar Exemption Rules If implemented, the DOL estimates the new rule would extend overtime protections to approximately 5 million workers who are currently exempt under the white collar exemption rules. It would also clarify overtime compensation eligibility for another 6 million white collar workers. Currently, salaried workers who fall above the $23,660 salary threshold and who are given some managerial tasks are considered “exempt” from overtime pay. Many argue that this exemption has allowed millions of workers to be misclassified as managers, even if the majority of their work is not spent on managerial tasks.However, under the new rule, managers who make less than $50,440 a year would be considered “non-exempt,” meaning they would be eligible for overtime pay. Therefore, in the case above, the individual would be entitled to 20 hours of overtime pay—assuming she does not meet all of the exemption criteria (salary basis, salary level and duties test).While employers can elect to […]
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August 12, 2015
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UNITEL Risk Management- Online Security

Here we are starting the month of June! The half-way point of 2016. Was it not just yesterday that we were wishing each other happy holidays and looking forward to the new year? I can barely remember my new year resolutions made just a few months ago, how about you? There are a lot of things that we know are good for us, but we never get around to doing them. We know we should: Exercise more Eat healthier Drink more water Sleep more Read more books Take better care of ourselves Do our periodical health check-ups, etc. The list could really go on for a while. We often use these lists when we define our New Year resolutions or when we decide we want to have a better quality of life. I bet you have one of these lists too. And improving your online security may be on it as well, because it’s one of those things that you’ve always […]
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April 8, 2015
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Safe Driving Practices Can Lower Work Comp Costs

Millions of people drive as part of their job, but many non-professional drivers never receive driving safety training. It’s easy to think that common sense will keep workers safe. Use seatbelts, don’t text and drive, obey speed limits, don’t drink and drive, take a break if tired …we have all heard the mantras hundreds of time. Yet, the data clearly shows that relying on common sense is not enough. According to Injury Facts, the average economic cost due to a crash was more than $1 million per death, and more than $78,000 per nonfatal disabling injury. Motor vehicle accidents were the leading cause of occupational fatalities in the U.S. in 2012, accounting for 25% of deaths. Truck drivers accounted for 46% of these deaths. The ringing of a phone or pinging of a text creates irresistible urges for people to answer the call, read the message or respond. Moreover, the need to meet deadlines or make on-time deliveries often results […]
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January 27, 2015
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HR Solutions – Employee Pay and Salary Benchmarking Tools

Question: One of my best employees is asking for a raise because he found salary data on the Internet that he believes shows he is underpaid. How should I handle the conversation? I don’t want to lose him, but I am skeptical that he is underpaid. Answer: Handling this type of discussion on such a sensitive subject can be difficult, but it also provides an excellent opportunity for a conversation with the employee about his professional needs while you get direct feedback about his view of his job and the company. Consider this approach: Involve the employee’s manager in the discussion and have him or her lead the conversation with the employee. Treat his concerns with respect and schedule time with him to discuss his issues. He may have been searching the Internet for jobs as well as salary information. Let him know that he is valuable to the company and you want to hear his concerns and review the […]
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December 2, 2014
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Worksite Wellness as a Business Strategy

The Affordable Care Act has made you think about wellness. How do you do it? Where do I start? Do I really need it? This article is the first in a series of articles that will answer some of the questions above. Today we will focus on WHY WORKSITE WELLNESS. People spend more aware time at work than any other place. Time is a precious commodity in our fast-paced world. The saying goes; you can lead a camel to water, but you cannot make him drink. That is true for people as well, but businesses can help make the healthy choice the easy choice. Not only is wellness the right thing to do, it is a smart business strategy! Analysis of 22 large-employer studies showed significant positive impacts on healthcare costs and absenteeism: • Employee healthcare costs were reduced $3.27 for every $1 spent on comprehensive worksite health programs. • Absenteeism costs dropped by $2.73 for every $1 spent. Local […]
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November 5, 2014
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From UNICO HR Solutions – FMLA and Continued Benefits

Question: What benefits must be continued while an employee is on Family and Medical Leave Act (FMLA) leave? What should we do with an employee who is not making his share of the copayments while out on leave? Answer: Family and Medical Leave Act (FMLA) regulations require that employers continue to provide group health benefits under the same terms and conditions as if the employee was actively at work. There is no requirement under the FMLA to continue other types of benefits offered by the employer. Whether or not an employee’s other benefits continue depend on an employer’s established policy. Any benefits that would be maintained if the employee was on another form of leave should be maintained while the employee is on FMLA leave. Part of the requirement to continue health insurance benefits “under the same terms” means that both the employer and employee must continue to pay their portions of the group health insurance premium, unless the employer […]
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October 24, 2014
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From UNICO HR Solutions – Benefits and Hiring a Former Temporary Worker

Question: What is the waiting period requirement for benefits after hiring a long-term temporary agency worker as a regular employee? Answer: A temporary agency employee is not an employee of the contracting company; he or she is employed by the agency and would be subject to the agency’s compensation and benefits policies as an employee of that agency. The period of time that the agency worker worked for your company as a temporary employee before he or she was hired on a regular full-time basis would not meet the definition of an “active employee” in satisfying the waiting period requirements under your group health plan. Upon hire with your company, this employee would need to meet the eligibility requirements of the plan including the waiting period required of all regular employees. If you are considering waiving the waiting period requirements to include the time he or she worked as a temporary agency employee, please review your plan requirements and consult […]
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