Newsroom - Part 19

April 6, 2016

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News

From the HR Experts: Employees And FMLA Rights

Employees and FMLA Rights Question: An employee notified his employer of a serious health condition that would require him to be out of office for some time. The employer took it as a notice of resignation and processed. A week later, the employee indicated that he wanted to go on FMLA, not resign. How should the employer proceed? Answer: The Family and Medical Leave Act (FMLA) regulations state that once an employer has been notified or has knowledge of an employee’s serious health condition, the employer is required to inform the employee of his rights and responsibilities under the FMLA. The employee does not have to specifically ask for an FMLA leave – it is up to the employer to determine eligibility and advise the employee accordingly. Additionally, if an employee has a condition that qualifies as a disability under the American with Disabilities Act, the employer has a strict responsibility to work with the employee and his medical provider […]

March 30, 2016

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How To Build An Effective Employee Handbook

Employee handbooks are an essential part of effective human resources (HR) management and positive employee relations. Handbooks can also play a critical role in demonstrating employment law compliance. Properly used, employee handbooks: Communicate policies and procedures. Play a key role in the orientation process for new employees. Serve as a valuable employee relations vehicle for educating current and prospective employees. Contribute to uniform and consistent application, interpretation, and enforcement of company policies. Protect against claims of improper employer conduct and employee lawsuits. While carefully drafted employee handbooks can be an important part of employee relations media, handbooks that are unskillfully or improperly drafted can create organizational and legal headaches. Employers must carefully review every policy and procedure in a handbook to minimize potential contract claims and be prepared to update them periodically. Since employee handbooks are not required by law, organizations may determine the best method and most effective means to communicate important HR-related information to their employees. Factors that affect an organization’s need for a written […]

March 23, 2016

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News
UNITEL

The Key to Long Term Wellness Culture

Lisa Henning, Executive Wellness Consultant, UNICO Midlands: New Year’s Resolution…a term we are all familiar with over the years. This is the time when we renew our commitments and “make good” on our promises. Wouldn’t it be nice if we could always do the right thing all year instead of having to renew our promises! Essentially, that is what culture change is about. Businesses have changed their company culture to one where wellness is front of mind. ALL of the companies that have been successful with culture change have strong leadership! This is a slippery slope. While most business leaders are aware of the financial benefits of a wellness program and want to reap the benefits, few are truly willing to commit financially to a comprehensive program. As with most things, wellness is relational…you get what you pay for. If you purchase baggies with fold over tops, you get stale bread. If you invest in the zip close baggies, your […]

March 16, 2016

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News
UNITEL

Major Issues Facing the Workers’ Compensation Industry

Each year, the National Council on Compensation Insurance, Inc. publishes a report that examines some of the major issues affecting the industry. It is a compilation of articles by industry specialists that offer valuable insights into Workers’ Compensation issues facing employers and other stakeholders. Here is a brief overview of what you will find: I. Industry Outlook An article by Stephen J. Klingel, CPCU, WCP, president and chief executive officer of NCCI is cautious about expressing a positive industry outlook for the months ahead. “While most indicators show continued improvement, it’s important to note that the combined ratio remains too high, and achieving an adequate return remains a challenge. These factors, along with the overhanging shadow of the potential loss of the terrorism backstop, add a note of caution to what might otherwise be a relatively optimistic outlook.” Peter M. Burton, CPCU, AU NCCI Senior Division Executive, State Relations gives a snapshot view of the legislative and regulatory outlook for […]

March 9, 2016

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News
UNITEL

HR Tip: Mindfulness Replacing Multitasking

One of the buzzwords of the hour is “mindfulness” – being focused and fully present in the here and now. Employers such as Google and General Mills offer classes on it, as do several prominent business schools. Proponents argue that substituting mindfulness for multitasking reduces stress and increases productivity. The barrage of information and demands from digital and non-digital resources is endless. It’s easy to see the relationship to safety and accidents; a worker who trips and falls while talking on a cell phone can be a costly injury. Neurologist Dr. Romie Mushtaq says the physiological benefits of clearing away distractions and living in the moment have been documented in many scientific and medical studies. Mindfulness enhances the brain’s efficiency, creativity and sharpness, whereas multitasking depresses the brain’s memory and analytical functions and reduces blood flow to the part of the right temporal lobe, which contributes to creative thinking. She offers these tips for practicing mindfulness in a multitasking world: […]

March 2, 2016

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News

Why Good Workers Do Not Work Safely

With occupational injury rates at an all-time low, it’s clear that employers have done a good job making workplaces safer. Yet, accidents and deaths do occur. While some are a result of recalcitrant employees or unscrupulous employers, injuries do happen to good workers in good workplaces. What leads such workers to make unsafe decisions and how can employers reduce the likelihood of this happening? Shortcuts It’s human nature to take shortcuts, believing we have the knowledge and know how to get the job done as quickly as possible. In today’s fast paced world that is often riddled with concerns about job security, employees tend to push even harder. The Liberty Mutual Workplace Safety Study backs this up with findings that show overexertion maintains its number one ranking as the leading cause of serious non-fatal workplace injuries, costing companies over $13.61 billion in direct costs and representing over 25% of the costs of all workplace injuries. Climbing on shelves rather than […]

February 24, 2016

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News
UNITEL

The Who, What, & Why of Cyber Liability

Who Needs Cyber Liability Coverage? Any communications company engaged in providing computer services, Internet services or those companies using the Internet in its everyday course of business. What Activities Create Cyber Risk? Use of Email Support of Webmail Internet Service Providers Dependence on Network Services Electronic Storage of Customer Information Storage of Third-Party Trade Secrets and Data On-Line Advertising and Marketing Web Site Design, Development & Ecommerce Web Site Activities (Content, Links) E-Commerce E-Brochures/E-Catalogs E-Bill Payment Internet/Digital Media Electronic Bulletin Boards or Social Interaction Why Does My Customer Need Cyber Coverage? A General Liability policy will cover a physical injury to tangible property. Information is not tangible property. A General Liability policy also excludes electronic data. Claim Examples: Trademark Liability ISPs are liable for their own activities that constitute trademark infringement. As a result, if an ISP were to advertise their services under a trademark that is confusingly similar to a mark of another party (such as Netcomp, IBMLink, or CompuService), they would be exposed to […]

February 17, 2016

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News

FMLA and Serious Health Condition for a Spouse

From the HR Experts and UNICO HR Solutions: Question: How do we certify a serious health condition for a spouse who is pregnant and not our employee when the husband seeks leave under the Family and Medical Leave Act (FMLA)? Answer: An employer may require that the need for leave for a serious health condition of the employee or the employee’s immediate family member be supported by a certification issued by a health care provider. Both the mother and father are entitled to Family and Medical Leave Act (FMLA) leave for the birth of their child and to be with the healthy newborn child (i.e., bonding time) during the 12-month period beginning on the date of birth. A husband and wife who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken for birth of the employee’s son […]

February 10, 2016

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News
UNITEL

Common HR Mistakes Made By Smaller Companies

What Types of Mistakes Do Small Businesses Make Regarding Human Resources? Dealing with human resource issues can be challenging at times for any company but especially smaller companies. Quite often, smaller companies just don’t have the expertise or resources when it comes to making sure mistakes aren’t being made when it comes to handling employees. Management and business owners are focused on growth, customer relations, and being as profitability as possible. HR mistakes can cost companies a lot of money and many don’t realize they aren’t compliant or unaware what HR laws apply to them. It’s important that you make sure you avoid these common mistakes which can cost you a lot of time and money if they aren’t addressed properly. 1. Not Having An Employee Handbook – Employee handbooks are important for small companies too. A small business owner may not see a need for one to exist there are many reasons why one should. The employee handbook communicates […]

February 3, 2016

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News

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? 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 success has matched or exceeded the results indicated in the results listed above. Lincoln Industries, Duncan Aviation, and the State of Nebraska have all received national recognition for their wellness […]

January 27, 2016

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News
UNITEL

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 […]

January 20, 2016

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The Importance Of Employee Handbooks

Question: What is the benefit of investing in the creation of an employee handbook? Answer: A handbook sets expectations and general guidelines for employees to operate under, promotes treating employees with fair and consistent practices, outlines employee benefits, and helps defend unemployment claims and lawsuits. Providing a well-drafted and complete handbook permits management to operate efficiently in determining proper steps and actions to take with employees in handling a variety of topics from attendance, leave, performance concerns, and disciplinary action including terminations. When a company invests in the creation and distribution of a handbook, the company empowers the workforce to operate within the guidelines stated, setting rules and processes that define the how, why, and who to go to that will inevitably become a backdrop to defending any allegations of wrong doing when drafted and followed carefully. The return on investment (ROI) of the employee handbook is unmeasurable; it can provide support in the defense of a legal suit, minimize […]

January 13, 2016

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Understanding Work Comp Can Help You Lower Costs

Control Workers’ Compensation Costs Understanding how it works could save you money: For many companies, workers’ compensation insurance is a necessary evil that is often ignored and left uncontrolled. It is viewed as a commodity which is a mistake. By ignoring this major business expense, you may experience increased premiums or the inability to obtain a policy from a standard carrier. The resulting financial impact on your business could include price increases to consumers, the inability to offer competitive wages, or a reduction in operations. To control your costs, it’s important to have a clear understanding of what workers’ compensation is and what role you play in the process. It also helps to work with a broker that has the knowledge, tools and resources to help you improve your work comp program. A No-Fault System Workers’ compensation is a no-fault system established under individual state law that provides medical and wage loss payment to employees injured in the course and […]

January 6, 2016

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What To Expect From OSHA In 2016

While it is difficult to predict exactly how OSHA will proceed in 2016, there are a number of changes in the regulatory arena as well as new initiatives that are important guides for employers: Significant Increase in Fines For the first time in a quarter of a century, OSHA can increase the maximum penalty amounts it imposes on employers that violate occupational safety and health standards under a provision in the Bipartisan Budget Act signed into law November 2, 2015. The Act requires OSHA to implement the new maximum penalties in two phases: An initial catch-up adjustment; and An ongoing subsequent adjustment period The one-time catch-up will increase penalties to reflect the changes in inflation from 1990 – 2015. Current estimates using October 1990 to September 2015 CPI data (the latest data available) suggest a nearly 80% increase in fines for 2016. This adjustment will take effect no later than August 1, 2016. Thereafter, employers should expect fine increases by […]

December 30, 2015

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News

Current State Of The Work Comp Market: Turbulence

Every year, Stephen Klingel, president and CEO of the National Council on Compensation Insurance, Inc. (NCCI), chooses one word to define the current state of the workers’ compensation industry. This year, that word is Turbulence. It’s a word that does not emote confidence; rather, it conveys turmoil, unrest, and instability. Not comforting for employers. Speaking at NCCI’s 2015 Issues Symposium in May, Mr. Klingel noted: Lost time claims decreased an estimated 2% in 2014, which is a smaller decrease than the 2.9% reported in 2013. “Our industry runs in cycles.Watch for upward pressure on claim frequency from new workers in unfamiliar jobs.” The workers’ compensation sector should prepare for “difficult times” as “workplaces and the workforce evolve.” “We are going to see employee relationships with no defined workplace or work schedule. This will lead us to develop new definitions of injuries and complicate investigations into course and scope of employment. Determining whether a person is an employee or an independent […]

December 23, 2015

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Injury Management Tips-Lower Work Comp Costs

Claims Management • Contact your injured workers early and often. This will let them know that you care about them, which can help keep morale up and encourage their return to full, regular duty. • Consider unconventional or outside-the-box treatment if it will help an employee recover and return faster. • If your state allows you to direct or encourage employees to use certain doctors, use doctors who understand your business whenever possible. This will help ensure the best treatment for your employees and hopefully aid in return to work scenarios, keeping claims costs down. • Integrate strategic wellness programs into your company to help reduce injuries. Understand how chronic conditions, like obesity and diabetes, can affect or cause other injuries. Managing such diseases properly can reduce workers’ compensation claims costs. • Explain workers’ compensation benefits, programs and expectations during new employee orientation to keep future claims costs down. Make sure employees understand that they will not be punished in […]

December 16, 2015

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UNITEL

Understanding Cyber Security

As most of you know, cyber security has become the topic of the day when it comes to managing the risk of running your telecommunications business. By understanding the most common reasons cyber claims are denied, policyholders will be better prepared to help get their claims successfully resolved. 1. Late or Improper Notification The most common reason carriers deny cyber claims is late notice. Unless the policy has specific language that allows claims for a period of time after the policy ends (usually limited to just a few months at most), then notification during the policy period is key to getting these claims approved. In addition, notice of any occurrence that could lead to a claim also must be made to the carrier (or your UNITEL agent) in a timely and appropriate manner. All policyholders of cyber coverage should be acutely aware of the need for timely notification of any potential claims activity. That will allow them to establish workable protocols […]

December 9, 2015

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News

Nebraska Employment Law Update-Workplace Privacy Act (L.B. 821)

On April 19, 2016, Nebraska Governor Pete Ricketts signed the Workplace Privacy Act (L.B. 821). The act prohibits an employer from: Requiring or requesting that an employee or applicant provide or disclose any user name or password or any other related account information in order to gain access to the employee’s or applicant’s personal Internet account by way of an electronic communication device Requiring or requesting that an employee or applicant log into a personal Internet account by way of an electronic communication device in the presence of the employer in a manner that enables the employer to observe the contents of the employee’s or applicant’s personal Internet account or provides the employer access to the employee’s or applicant’s personal Internet account Requiring an employee or applicant to add anyone, including the employer, to the list of contacts associated with the employee’s or applicant’s personal Internet account or require or otherwise coerce an employee or applicant to change the settings […]