The majority of healthcare reform laws don’t go into effect until 2014 when-- individual mandate kicks in, pre-existing conditions end and Medicaid expands to cover 16 million more 
Americans. Employers should be aware of certain dates in 2012, though, that could lead to further changes in health care laws down the road.
Five key health reform dates to watch:
- Jan. 1 – ACO’s This month, health-care systems went live as Accountable Care Organizations(ACO) - health reform’s big attempt to bring down the cost of health care by paying for quality of care, rather than just quantity. ACO’s will begin accepting a flat fee for all care related to a small group of their Medicare patients. Their experiment could end fee-for-service medicine — or, if it fails, send lawmakers back to the drawing board.
- March 26 – Affordable Care Act The Supreme Court will hear arguments on the Affordable Care Act to determine whether the mandated purchase of health insurance is constitutional and, if it isn’t, whether or not the rest of the law can still stand. After the Supreme Court hears the case in March, expect a decision by early summer.
- Oct. 1- Reforming Medicare Payments A series of changes to standardize billing will take effect. They will require health plans to adopt and implement rules for the secure, confidential and electronic exchange of health information. In addition, the new law’s value-based purchasing program will take effect. It will tie hospitals Medicare payments to performance metrics. (The higher the quality of care, the higher their payments will be.) Hospitals will also get penalized if a patient is readmitted for a complication/illness that could have been prevented during a previous stay- a bid to reduce unnecessary medical errors that lead to higher costs.
- Nov. 3 - 2012 Election The general election this year could lead to sweeping changes in the White House, Congress and the healthcare reform law. If Republicans gain control of the presidency and Congress, it all but guarantees that big parts of the law will be repealed. But if Democrats stay in power, much of the law could be implemented as planned depending on where the Supreme Court lands on the individual mandate issue.
- Dec. 31 – Health Exchange Deadline By the end of the year states must report on the progress they have made in readying their health insurance exchanges for their 2014 launch. If they haven’t made enough progress, the feds may opt to step in.
It’s no secret that the success of any company heavily depends on the productivity and work performance of their employees. What many businesses may not be aware of though, is that research demonstrates that employee Wellness Programs not only help with employee
productivity, but can help reduce healthcare costs as well.
Wellness programs are proven to be beneficial for both the employee, as well as the company sponsoring the program. The implementation of a Wellness Program can decrease employee stress, sick time & absences and increase workplace morale.
Many small businesses tend to shy away from wellness programs, believing it’s a luxury they can not afford. The truth is, a wellness program can be as simple or elaborate as a company wants to make it. It can be as simple as an online tool, bringing in speakers to talk about smoking cessation or nutrition or offering a fitness program.
Human Resources inc recently brought in Underground Fitness to develop an on-site group fitness class. Many HRi employees have benefited from the program by decreasing our body fat, increasing our energy levels and most of all forming closer bonds with our co-workers.
Jon Bergeron of Underground Fitness offers many different programs that can be customized for each business. Underground Fitness provides all equipment and materials to conduct the classes, in any setting. Programs are custom designed to accommodate anyone- at any fitness level.
For further information about the programs available at Underground Fitness- please contact Jon by email at jonb@undergroundfitness.us or by phone at 407 463 6940, or go to their website at www.undergroundfitness.us.
Start the New Year out right by encouraging healthy behavior for your employees. It’s a great way to demonstrate your concern for their well being, boost their morale and help reduce health care costs!
The National Labor Relations Board (NLRB) is once again postponing the effective date of their employee rights notice posting ruling. The new effective date of the rule is April 30, 2012.
The posting requirement was originally scheduled to take effect on November 14, 201
1, but was postponed to January 31, 2012 to allow for enhanced education and outreach to employers, especially small and medium sized businesses. The recent postponement is being done at the request of a federal court, which is considering legal challenges for the rule. The NLRB announced the postponement is to” facilitate the resolution of the legal challenges that have been filed with respect to the rule”.
The rule will require most private sector employers to notify workers of their rights under the National Labor Relations Act (NLRA), by posting a 11x17 inch notice that can be readily seen by employees. Employers would also be required to publish a link of the notice on internal or external websites if other personnel polices on workplace notices are posted on their website.
The controversial rule has a number of businesses and trade organization questioning the Board’s authority and jurisdiction. For additional information on the posting rule, please go to http://www.nlrb.gov/poster.
The holiday season is upon us once again! It's the time of year when many organizations are hosting their holiday events. The objective for most organizations when planning their celebrations is to provide a safe and memorable experience for their employees.
Below are a few suggestions for employers for hosting a "safe" holiday party:
- Establish a clear company policy that sets expectations regarding employee behavior at sponsored events.
- Remind employees that work rules regarding appropriate behavior and harassment apply to all employer-sponsored events.
- Remind employees they represent the company and should dress accordingly.
- If serving alcohol, take the appropriate steps to control consumption, require accountability, and limit exposure.
- Consider limiting the number of drinks an employee can have by issuing two or three drink tickets.
- Stop serving alcohol at least two hours before the end of the event.
- Make it clear that employees who become intoxicated will be subject to discipline.
- Provide a variety of non-alcoholic beverages for designated drivers and others who don’t wish to drink.
- Make employee attendance at company-sponsored events voluntary.
- Address any religious considerations of employees by scheduling events during the week (Monday through Thursday). Similarly, the holiday party should not be tied to any particular religion.
Holiday events are meant to reward employees, boost morale and provide fun, but they are still business events. Employers should clearly communicate to all employees that a holiday party is a work related activity and rules for appropriate work behavior always apply.
HRi Wishes you a Happy & Safe Holiday!
In November, the Equal Employment Opportunity Commission released its Fiscal Year 2011 Performance & Accountability Report. According to the report, a record number of 
employment discrimination charges were filed in 2011- in fact the largest number since the agency was established in 1965.
Highlights of the report include:
- 99,947 discrimination charges were filed against private sector employees- approximately 274 charges per day.
- Title VII claims dominated the filings, accounting for 75%, but ADA claims were also strongly represented with a disproportionate portion of the overall settlements.
- Race charges were the most common claims filed in 2011 (36%), followed by sex (29%), disability (25%) and then age (23%). National origin, religion and Equal Pay Act claims all registered less than 5% of all charges filed.
Given the state of the economy and a 9% unemployment rate, the report is really not a surprise. Increases in unemployment claims typically rise in a bad economy. With no immediate recovery in site employers can expect the trend to continue in 2012.
With this in mind - it’s important for organizations to be diligent in work place training for employees and managers on anti harassment and discriminatory behavior.
This week the VOW to Hire Heroes Act of 2011 was passed unanimously- helping to ensure that the nation’s veterans will receive the tools and resources needed to re-enter the workforce.
As the unemployment rate for post-911 veterans has hovered around 11.7%, with female veterans even higher at 14.7%, the VOW to Hire Heroes Act has critical provisions to help create job opportunities for veterans. (Predictions are that these numbers will likely rise as nearly 40,000 military veterans return home from Iraq by the end of 2011.) 
The legislation would give $2,400 tax credits to businesses that hire veterans who have been out of work for more than a month; $5,600 if they have been unemployed for more than six months; and rise to $9,600 if the veteran has been out of work for more than six months and was disabled as a result of service in a conflict zone.
In addition to the tax credits, other veteran benefits and programs would be provided to help former members of the military as they transition back to the civilian workforce- including job counseling and training & placement assistance. It also provides a year of Vocational Rehabilitation and Employment Benefits for disabled veterans.
The legislation is a positive step to help our veterans find work opportunities and ensure they get the services to which they’re entitled.
Many employers are finding they are struggling to keep top talent these days, despite high unemployment numbers. According to a study recently done by Mercer Consulting, the decline of employee loyalty and job satisfaction may be to blame. 
The survey of 30,000 employees in 17 regions between the 4th quarter of 2010 and the 2nd quarter of 2011 showed the percentage of workers seriously considering leaving their organization has significantly risen since 2006. In the United States there was an increase of 9 percentage points.
The survey found the top 4 non-financial factors influencing employee motivation were: being treated with respect, work-life balance, type of work and the quality of co-workers and leadership. Among financial factors, base pay ranked the highest.
Why should organizations be concerned with the results of this research? One major reason… apathy, anger and high turnover can be detrimental to an organization’s performance and success.
What are some steps that can be taken to increase employee loyalty and job satisfaction?
Communication – Communication is leadership. Although it can be time consuming, making employees feel they are part of the team and the organization is critical.
Recognition- Recognizing employees for their work, their achievements and their time employed with the company encourages employee loyalty.
Flexibility – Offering flexible working hours promotes a healthy work/life balance for employees and has been shown to support productivity and employee satisfaction.
Halloween isn't just a celebration for kids anymore. An increasing number of businesses are also celebrating this holiday. According to a
survey done by the Society of Human Resource Management (SHRM) more than 1/3 of employers offer Halloween celebrations.
Celebrating Halloween in the workplace can bring some much needed fun and help to release stress and tension. It can be a great occasion for employers and employees to get to know each other better and create more effective working relationships. It can also help to promote teamwork, improve morale and create a positive company culture. On the negative side, employers should exercise caution, as holiday celebrations can open businesses up to employment law issues, such as harassment and discrimination.
In order for Halloween to be a positive experience, it's important for organizations to strike a balance between having fun and retaining a professional atmosphere. This is possible with a little advanced planning and sensitivity. It's vital for employers to issue guidelines so that respect is given to the diverse opinions of all employees.
Some suggested guidelines include:
- Make wearing costumes optional.
- Clearly communicate costume guidelines in advance.
- Reminding employees to use good judgment with respect to fellow employees and costume choices.
- Discourage costumes based on ethnicity, religion or race.
- Discourage tricks or pranks.
- Offer alternative celebrations, such as a fall luncheon, a pumpkin bowling contest, a pumpkin decorating contest or candy apple making.
In the end, the decision to celebrate Halloween in the workplace is up to the employer. Whether an organization chooses to celebrate Halloween or some other holiday, it's important for employees to come together during the year as workmates and teammates to take a break, relax and have fun.
Domestic Violence is a widespread problem affecting millions of people in the United States– both men and women. According to the Safe@WorkCoalition:
- Among women, 50-85% of those abused have missed work because of it; more than 60% reported being late to work.
- 96% of domestic violence victims who are employed have experienced problems at work resulting from the abuse.
In acknowledgment of National Domestic Violence Month - The Domestic Violence Leave Act was recently reintroduced in Congress. Under the proposed bill, the federal Family Medical Leave Act (FMLA) would include victims of domestic violence.
The bill would allow employees or his and her family members (spouse, domestic partner, parent or child) to take leave under FMLA in order to address “domestic violence, sexual assault or stalking and their effects.” The bill would grant eligible employees leave to: seek medical attention, obtain legal assistance, attend support groups for victims, seek counseling, or participate in actions to increase safety that is necessary.
Employers would be required to keep all evidence of the abuse in strict confidence, except when necessary to protect the victim or family or assist with documentation of the abuse. In the absence of third party documentation, a worker would be able to meet FMLA’s certification requirements by providing a written statement.
Currently FMLA allows employees to take unpaid leave for their own (or family members) medical condition but does not provide for the expanded needs of domestic violence.
FMLA
FMLA leave is unpaid, although employees may use their accrued paid sick or vacation leave while on FMLA leave. The FMLA applies only to employers that have at least 50 employees working within 75 miles of each other, and employees who have worked for at least a year, and at least 1,250 hours in the past year, for the employer.
Earlier in the year, the National Labor Relations Board issued a controversial Final Rule that would require the majority of private sector employers to notify their employees of their rights under the National Labor Relations Act by posting a new mandatory workplace poster. The 
original effective date was November 14, 2011.
Last week the NLRB announced it was postponing the implementation date until the beginning of the year. The new effective date is January 31, 2012. Reports indicate that the NLRB postponed the deadline “in the interest of ensuring broad voluntary compliance”. Evidently there were many businesses and trade organizations that questioned the uncertainty about which businesses fall under the Board’s jurisdiction.
The posting requirement applies to all private-sector employers (including labor unions) subject to the National Labor Relations Act, which excludes agricultural, railroad and airline employers. Because NLRA rights apply to union and non-union workplaces, all employers subject to the Board’s jurisdiction (aside from the USPS) will be required to post the notice. The Board has chosen not to assert its jurisdiction over very small employers whose annual volume of business is not large enough to have a more than a slight effect on interstate commerce.
In addition to the physical posting, the rule requires every covered employer to post the notice on an internet or intranet site if personnel rules and policies are customarily posted there. Employers are not required to distribute the posting by email, Twitter or other electronic means. The notice must be posted in English and in another language if at least 20% of employees are not proficient in English and speak the other language. The Board will provide translations of the notice, and of the required link to the Board’s website, in the appropriate languages.
The 11 by 17 inch notice is available at no cost from the NRLB through their website, either by downloading and printing or ordering a print by mail. For further information, please go to https://www.nlrb.gov