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Changes proposed for H-2B program

 U.S. Citizenship and Immigration Services (USCIS) has proposed a series of rule changes that will streamline procedures for hiring workers under the H-2B program. The new rule supplements the extensive reforms of the H-2B program already proposed by the Department of Labor (DOL) in May.

When faced with a shortage of U.S. workers to fill temporary, non-agricultural jobs, employers may petition USCIS for permission to bring foreign workers into the country to perform that work. Once approved, these workers enter the U.S. in nonimmigrant status.

The proposed rule would:

• Require employer verification of the scope of the H-2B employment and the use of recruiters to locate H-2B workers
• Crack down on employers and recruiters who impose fees on prospective H-2B workers in connection with, or as a condition of, an offer of H-2B employment
• Require an approved temporary labor certification in connection with all H-2B petitions
• Disallow, with limited exception, changing the employment start date after the grant of the temporary labor certification
• Require employers to notify the Department of Homeland Security when H-2B workers fail to show up for work, are terminated, or leave the worksite without cause
• Change the definition of “temporary employment” to provide that a job is of a temporary nature when the worker's tenure will end in the near, definable future, and to eliminate the requirement that employers show “extraordinary circumstances” to be eligible to hire H-2B workers where a one-time need for the workers is longer than one year but shorter than three years
• Prohibit the approval of H-2B petitions for nationals of countries that are determined to be consistently refusing or unreasonably delaying repatriation of their nationals
• Establish a land-border exit system pilot program, which requires H-2B workers admitted through a port of entry participating in the pilot H-program to also depart through a participating port and to present designated biographic and/or biometric information upon departure. 
• Reduce from six months to three months the time H-2B workers must wait outside the United States before they are eligible to re-obtain status under the H or L classification

USCIS will accept comments from the public until Sept. 19, 2008.

More information about H-2B visas.

Dip in federal bias complaints

A report from the Equal Employment Opportunity Commission (EEOC) shows that in fiscal year (FY) 2007, federal employees filed 16,363 complaints alleging employment discrimination—down from 16,723 in FY 2006 and 18,000 in FY 2005.

Agencies also reduced the average processing time for conducting investigations from 186 days in FY 2006 to 176 days in 2007, the best investigation times reported in the last 14 years. The average processing time for closing complaints was 355 days, a decrease from 367 days in FY 2006. Of the 7,673 cases closed on the merits, 2.8% resulted in findings of unlawful discrimination. The parties entered into settlements in 3,262 complaints, or 20.6% of the total complaint closures.

Over the last 10 years, there have been subtle changes in the composition of the federal workforce, says the EEOC. Overall, the representation of women, Hispanics or Latinos, African Americans, and Asians has slightly increased, although the number of people with targeted disabilities continues to decline.

Consultants say 'Don’t sack fantasy football'

Fantasy football leaguers could cost employers nationwide an estimated $9 billion on lost productivity over the 17-week regular NFL season (September through December), say researchers at Gray Challenger and Christmas.

Challenger’s calculation assumes that the nearly 37 million fantasy football participants spend about 10 minutes per day at work, or almost an hour a week, drafting players, setting rosters and plotting strategy. Yet the Chicago-based outplacement firm warns that employers that ban their employees from participating could risk damage to morale and loyalty.

Companies need different ways to bring people together to create relationships and make the organization more than the sum of its parts, says Challenger. If fantasy footballers build relationships with each other through participation in a league, that can be valuable to an employer. In the view of Challenger, the potential fallout from a ban could be far worse than the loss of productivity caused by 10 minutes of online team management.

Best-paying states for women

Women in Connecticut had the fifth-highest median earnings in the U.S. in 2007, according to a report from the U.S. Census Bureau.

Last year, women working full-time, year-round in Connecticut earned a median $41,868. The District of Columbia had the highest median earnings for women ($49,364), followed by Maryland ($44,022), New Jersey ($42,221) and Massachusetts ($42,062). Women had the lowest median earnings in Montana ($26,598.)

The report also showed that women had lower median earnings than men in each of the 50 states. In the District of Columbia, there was no statistically significant difference between women’s and men’s median earnings.

National preparedness month

The U.S. Department of Homeland Security is sponsoring the fifth annual National Preparedness Month (NPM) in September with support from more than 2,700 NPM coalition members, the largest number to date.

NPM coalition members, consisting of national, regional, state and local organizations, will combine efforts throughout the month to encourage all Americans to prepare for emergencies before they happen.

The coalition urges individuals across the nation to take important preparedness steps that will greatly improve their ability to survive and recover from all types of emergencies, whether natural or man-made. These steps include getting an emergency supply kit, making a family emergency plan, becoming informed about the different emergencies that may affect them, and getting involved in community preparedness and response efforts.

Employers can learn how to prepare for a workplace emergency by visiting http://www.cdc.gov/niosh/topics/prepared/ .

Telecommuting helps with work-life balance

Today, work-life balance is one of the most important issues facing employees – and as a result, their employers. Employees are looking for ways to juggle their responsibilities, both on the job and in their personal lives, and often can benefit from flexibility in their work schedules.

Offering a telecommuting option is one tool employers can use to facilitate work-life balance. Telecommuting programs also provide employers with a competitive advantage in recruiting, retention, productivity and customer service levels – and profitability.

For example:

• Employees who are better able to balance the demands on their time are more satisfied and content.
• With satisfied employees, employers usually experience increased productivity, reduced turnover, a stronger team spirit and loyalty.
• A lower turnover rate leads to a decrease in the cost of training new employees and reduced costs associated with informal training provided to new team members by existing employees, which result in increased profitability.

The state Department of Transportation’s Telelcommute Connecticut consultants can help you develop a telecommuting program that not only helps employees reduce stress and save money but also meets your specific business needs.

Telecommute Connecticut provides employers with free consulting assistance to design, develop and implement telecommuting programs including HR policies and teleworker agreements and training. For more information, visit www.telecommuteCT.com or cal1 1-800-255-7433.

State's High Court rules for employers in workers' comp case

• Listen to CBIA's Kia Murrell discuss the case

In a major victory for employers, the Connecticut Supreme Court has ruled that an employee’s health status and lifestyle choices should be taken into account when determining the extent of an employer's liability in workers’ compensation cases. .

In Deschenes v. Transco, Inc., an employee who suffered from chronic emphysema caused by to a 30-year history of heavy cigarette smoking later developed lung disease due to asbestos exposure in the workplace.

The Supreme Court, overturning a decision by the state's Compensation Review Board, concluded that the employer should be liable only for the portion of lung disability caused by the asbestos exposure. A lower court will now determine a new award based on the decision.

Some trial attorneys have said they are planning to seek to overturn the court's decision in next year's General Assembly. But the fact remains that as of now, lifestyle choices will be taken into consideration in workers’ compensation cases. .

Lights, camera…no action

Job applicants are always looking for ways to stand out from the crowd, but a recent survey by the staffing firm Robert Half International suggests that submitting a video resume may not yet be the answer. Just one in four senior executives interviewed said their companies accept video resumes from candidates.

The survey asked 150 senior executives from the nation’s 1,000 largest companies “Does your company accept video resumes from job seekers?” Their responses:

• Yes 24%
• No 58%
• Don’t know 18%

Although video resumes have become more common, many employers are reluctant to accept them for fear of bias claims from job applicants, says Robert Half. Before submitting a video resume, applicants should check with the hiring manager to ensure the company does not have a policy against their use in evaluating candidates.

IRS finding 401K problems

The Internal Revenue Service (IRS) reports that about 65% of the corporate 401(k) plans it audited last year had compliance problems, a significant increase over past years.

As a result, the agency has issued a new instruction manual, available free to employers online, that discusses 11 common 401(k) errors and how to fix them.

The IRS noted that most of the mistakes are coming from small and midsize employers that usually do not have the resources to keep up with tax code changes.

It pays to ride public transportation

Americans took 2.6 billion trips on public transportation in the first three months of 2008, according to the American Public Transportation Association (APTA) -- nearly 88 million more trips than last year for the same time period.

There’s no doubt that high gasoline prices are motivating people to change their travel behavior, says APTA. More and more people have decided that taking public transportation is the quickest way to beat the high gas prices.

APTA points out that employer incentives to use mass transit can benefit both employers and employees from a tax standpoint. The federal tax code allows employers to give their workers up to $115 each month to commute by transit or vanpool. Employees get the benefit tax-free, and employers get a tax deduction for the expense.

The code also lets employers give employees the option to use payroll deductions to avoid paying taxes on up to $115 a month in commuting costs. Employers save money, too, because the $115 is not subject to payroll taxes.

Employers can also share commuting costs with their workers by paying part of their monthly commuting costs and letting workers pay the balance using pre-tax dollars.

For more information on reducing commuting costs, visit APTA’s Web site.

New program promotes hiring of vets

The U.S. Department of Labor’s Office of Federal Contract Compliance (OFCCP) has unveiled a new program —the Good Faith Initiative for Veterans Employment, or G-FIVE — aimed at encouraging federal contractors and subcontractors to hire and promote veterans.

As an incentive, the program provides for a three-year exemption from OFCCP compliance reviews for contractors and subcontractors that receive a G-FIVE rating. While federal law already requires that contractors and subcontractors take affirmative action to hire and promote veterans, the G-FIVE rating will be reserved for those that demonstrate “outstanding achievements” with their efforts.

OFCCP says it will grant G-FIVE recognition based on the following factors:

• Presence of veterans in the contractor’s workforce
• An increase in the number of covered veterans in the contractor's labor force.
• The number of partnerships with local veterans' service organizations
• Established liaison with the state job service to facilitate the posting of job openings and evidence that appropriate job openings were listed and the number of veterans hired by the contractor during the AAP year.
• Recruitment efforts at educational institutions to reach students who are covered veterans.
• The number of job advertisements targeting veterans
• For prime contractors, evidence that demonstrates a commitment to encourage their subcontractors to seek qualified veterans for employment opportunities
• Affirmative action steps taken to attract qualified special disabled or disabled veterans through the nearest Veterans Administration job placement program.
• The number of on-the-job training opportunities provided to covered veterans.

OFCCP Regional Directors can make G-FIVE recommendations to the agency’s national headquarters following full compliance reviews. Contractors and subcontractors may also self-nominate by contacting their Regional Director in writing.

Passport cards: New I-9 document

U.S. Citizenship and Immigration Services reminds employers that the new U.S. Passport Card may be used in the Employment Eligibility Verification form (I-9) process.

The Departments of State and Homeland Security began producing the new passport cards in July. The card provides a less expensive and more portable alternative to the traditional passport book, and will expedite document processing at U.S. land and sea ports-of-entry for U.S. citizens traveling to Canada, Mexico, the Caribbean, and Bermuda. It cannot be used for air travel.

While the new card is more limited in its uses for international travel, it is a valid passport that attests to the U.S. citizenship and identity of the bearer. The card may be used for the I-9 form process and can also be accepted by employers participating in the E-Verify program.

The passport card is considered a “List A” document that may be presented by newly hired employees when completing the Form I-9. List A documents are those used by employees to prove both identity and eligibility to work.

The passport card is valid for 10 years for adults and for five years for children age 15 and younger.

Breastfeeding programs: Making the business case

Connecticut is one of the first 10 states in the country selected to implement The Business Case for Breastfeeding, a new project intended to heighten awareness about the benefits of having a comprehensive workplace lactation program. The project was designed by the U.S. Department of Health and Human Services (HHS), Health Resources and Services Administration’s (HRSA) Maternal and Child Health Bureau. Also participating is the National Business Group on Health, a nationwide membership-based organization. Their involvement signifies the importance of this topic to businesses who are continually seeking to improve their employees' health while reducing health care costs.

The Society for Human Resource Managers (SHRM) estimates that 26% of U.S. companies have implemented a lactation program. Research shows that these programs have a significant impact on the bottom line of companies because they:

• Increase employee retention after maternity leave, from the national average of 59% to over 90%
• Lower employee absenteeism rates for both male and female employees
• Reduce health care costs
• Improve employee productivity and loyalty to the company

The Business Case for Breastfeeding includes a comprehensive resource kit with step-by-step guidance to implementing a lactation program. These resources include many different options to consider in tailoring a program to the unique needs of each business environment, examples of existing programs, and tools that can be reproduced or modified as needed.

The Connecticut Breastfeeding Coalition (CBC) has received a grant from HHS to help start a lactation support program in 30 businesses. An individual with professional training in lactation will share their expertise with you to create a breastfeeding- friendly worksite. For more information on The Business Case for Breastfeeding, you may contact Christine Bracken RN, MSN, IBCLC at 860-628-0159 or Jennifer Matranga at jenmatr@aol.com

If you already have a lactation program, you may qualify for an employer recognition award from CBC. Apply athttp://www.breastfeedingct.org/employerfriendlyapplication.pdf

WC mileage rate increases

The mileage reimbursement rate for all work-injury related travel expenses incurred on or after Aug. 8, 2008, is now 58.5 cents per mile. The rate increase applies to all claimants, regardless of injury date, and coincides with the federal mileage reimbursement rate.

More about mileage reimbursement rates.

Study: Salary jump for new grads

 The overall starting salary offer to new college graduates, regardless of major, increased by 7.1% over last year, according to a report from the National Association of Colleges and Employers (NACE).

The Summer 2008 issue of NACE’s Salary Survey shows that, in general, the average starting salary offers to 2007-2008 bachelor’s degree graduates are on the rise.

While the Spring 2008 survey report suggested that salary increases might be leveling off, the current report shows that salaries continue to rise in many disciplines—including some that appeared flat in the spring. For example, the average salary offer to business disciplines increased by 4% over last year at this time, but the Spring 2008 report showed just a 1.6% increase.

In terms of specific majors:

• Business administration/management grads fared well, posting a 5% increase, as did economics, marketing and engineering grads.
• Computer science graduates rocketed up 13% over last year to an average of $60,000.
• Liberal arts graduates also saw rising salaries. As a group, their average offer rose from $32,000 as reported in the Summer 2007 report, to $36,000 in this report—a more than 12% increase.

NACE publishes its salary surveys quarterly, compiling data from college and university career services offices nationwide on graduates in 70 disciplines at the bachelor’s level.

Program note: How can you attract, motivate, and retain good employees? A key is ensuring that your compensation and benefits plan is efficient and effective. CBIA and Mercer Human Resources Consulting have developed a series of courses that will help you do just that.

Courses will be held from 8:30 a.m. to 4:00 p.m. at CBIA in Hartford, Mercer Human Resources Consulting in Norwalk, and the Marriott in Trumbull. To register or for more information.

10 Free bus rides for commuters

Governor M. Jodi Rell is inviting Connecticut residents to take advantage of a variety of state-sponsored services, including 10 free bus rides for new riders.

“This is a perfect opportunity for those folks who have been giving some serious thought to commuting because of the high gas prices but aren’t sure if it is for them,” said Gov. Rell. “I encourage them to try it. The 10 free bus rides are an example of all the state-supported options out there.”

The governor said other commuting incentives include a free voucher for a three-day trial ride for vanpooling. More information about commuter services.

Special update on top labor and employment issues

Over the past year, there has been a flurry of activity in the areas of federal and state employment law. The courts also made a number of significant rulings sure to have a long-lasting impact on employers. Join CBIA and the U.S. Chamber of Commerce for a synopsis of recent legislative and regulatory developments, and gain insight into positions the government is likely to take in the future, on Tuesday, Sept. 30, starting at 8:30 a.m. in CBIA's offices in Hartford. To sign up, contact CBIA's Lise Cliche at 860-244-1900.

HSAs: IRS issues Q&A

The Treasury Department and the Internal Revenue Service (IRS) have released Notice 2008-59 providing employers and employees with a new set of formal questions and answers about Health Saving Accounts (HSAs).

The agencies have issued numerous guidance items since HSAs were created as part of the Medicare Prescription Drug Improvement and Modernization Act of 2003. The act lets an eligible employee covered under a high-deductible health plan set up a tax-exempt trust or custodial account—an HSA— for the purpose of paying qualified medical expenses.

The latest notice contains more than 40 new frequently asked questions and answers that cover a range of topics, including: Who is an eligible individual; issues related to high-deductible Health Plans; contributions to and distributions from HSAs; and establishing an HSA.

SSA unveils benefits calculator

The Social Security Administration (SSA) has a new online tool that provides immediate and personalized benefit estimates to help people plan for their retirement. The Retirement Estimator is tied to a person’s actual Social Security earnings and eliminates the need to manually key in years of earnings information.

Deciding when to retire is one of the most important and difficult decisions many people face, says Social Security. The Retirement Estimator is simple, easy-to-use and will provide highly accurate benefit estimates for those nearing retirement age. For younger workers, it will provide valuable information to help them plan and save for retirement.

The estimator is interactive allowing the user to compare different retirement options. For example, a person can change retirement dates or expected future earnings. Individuals also can print out up to three difference scenarios at one time, including their benefits at age 62 (current age if older), full retirement age, and age 70.

OFCCP has record year

In Fiscal Year 2007, enforcement efforts by the Office of Federal Contract Compliance Programs (OFCCP) garnered a record $51,680,950 in back pay and annualized salary and benefits for a record 22,251 workers subjected to unlawful employment discrimination.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Veterans’ Readjustment Assistance Act of 1974. These laws prohibit federal contractors and subcontractors from discriminating in employment on the basis of race, gender, color, religion, national origin, disability, or veteran status.

Of the record enforcement result, 98% was collected in cases of systemic discrimination—those involving an employment practice or policy that affects a significant number of workers or applicants. The nearly $52 million reflects a 78% increase over financial remedies obtained in FY 2001.

This marks the third consecutive year that OFCCP has posted record enforcement numbers. More information about the agency’s enforcement initiatives.

DOL proposes 401(k) disclosure rule

The U.S Department of Labor (DOL) has proposed regulations to improve the disclosure of certain investment-related information to workers covered by 401(k) type plans.

The centerpiece of the proposal is a requirement that plan fiduciaries provide information about investment options in a comparative chart or similar format. As part of the proposal, the DOL has developed a model chart for complying with this requirement, while giving plan fiduciaries the flexibility to design their own charts or comparative formats. The proposal also would require plan fiduciaries to disclose basic information about the plan and its investment options, such as how to give investment instructions, investment returns and fees and expenses, and how to obtain more detailed information. This information would be given to plan participants on a regular and periodic basis.

The DOL says its proposal is consistent with public consensus that workers need clear and concise information to be able to make wise investment decisions and make the most of their 401(k) plans.

The proposed rule would be effective for plan years beginning on or after January 1, 2009. Comments on the proposal should be directed to the U.S. Department of Labor, Employee Benefits Security Administration, Room N-5655, 200 Constitution Ave., N.W., Washington, D.C. 20210, Attention: Participant Fee Disclosure Project; electronically to e-ORI@dolk.gov or via www.regulations.gov. Comments must be received by September 8, 2008.

Incentives may delay decisions to retire

Employers have a narrow window of up to two years in which they may be able to change workers’ decisions to retire by offering them incentives to remain with the company, according to a survey of recent retirees by the Employee Benefit Research Institute (EBRI).

Although no single incentive is likely to motivate the majority of potential retirees to stay longer with their employer, says EBRI, it appears that employers may be able to assemble a toolkit of alternatives that would be effective in retaining substantial numbers of workers. Among the most highly rated incentives:

• Making employees feel needed
• Offering full or partial pensions while working part-time
• Making seasonal or contract work available

Other incentives for continuing to work included pay raises; continued health benefits; more meaningful work; working from home; and part-time hours.

The survey also found that the timing of the offer of a delayed retirement incentive is important. Nearly two-thirds of retirees (63%) report that these offers would have been much more effective if the retirees had known about them in the two years before they communicated their intention to retire.

In general, most workers begin thinking about retirement not long before they retire: 22% first began thinking about it only six months before they left the company; 21% began 12 months beforehand, and another 28% began 18 months or two years beforehand.

For more survey results, go to http://www.ebri.org/pdf/PR_807_10July08.pdf

New EEOC guidance on religious bias

The Equal Employment Opportunity Commission (EEOC) has issued a new compliance manual section on religious discrimination, calling the update a valuable resource for employers, employees, practitioners and EEOC staff.

The new section includes a comprehensive review of the relevant provisions of Title VII of the Civil Rights Act and consolidates case law and the EEOC’s views on religious discrimination issues “into one comprehensive document.”

Topics covered include the definitions of “religion” and “religious organization;” disparate treatment based on religion; the requirement to reasonably accommodate religious beliefs and practices; religion-based harassment; and retaliation. The section also provides guidance on the sometimes complex workplace issues involved in balancing employees’ rights regarding religious expression with employers’ need to maintain efficient, productive workplaces.

The EEOC says it developed the new guidance in response to a significant increase in charges of religious discrimination. The agency also issued a companion question-and-answer fact sheet and a best practices booklet, available for free from the EEOC Web site.

UC benefits extended

President Bush has signed an Extended Unemployment Compensation Benefits bill that will provide up to 13 weeks of additional unemployment benefits to individuals who meet federal guidelines.

The state Department of Labor is identifying those who are potentially eligible for the extended benefits and will send them notification letters. To qualify for the extension, individuals must:

• Have filed an unemployment claim effective May 7, 2006, or later, on which they have exhausted benefits
• Be fully or partially unemployed as of July 6, 2008
• Have no rights to unemployment benefits from any state, the federal government or Canada
• Be legally authorized to work in the United States
• Be able and available for and seeking employment

Employers will not be charged for the extended weeks of benefits because it is a federal program. For most claimants, eligibility and benefits will be retroactive to July 6, 2008.

Visit the Labor Department’s Web site to access Frequently Asked Questions about the extension.

Survey: Leadership development programs

Coaching a performance problem solution, communicating performance standards, and other tactical initiatives are the most common components of leadership development programs, a study by Novations Group finds.

Less frequently covered by leadership development programs are key strategic skills such as communicating vision or delegating responsibility, reports Novations, which surveyed more than 2,500 senior human resource and training executives.

The survey asked “Which of the following management situations or initiatives are addressed by your organization’s leadership development program (Check all that apply)?”

• Coaching a performance problem 71.9%
• Communicating performance standards 69.1
• Coaching a development opportunity 68.7
• Conducting a performance appraisal 66.8
• Handling conflict situations 65.9
• Communicating vision and strategy 59.4
• Selecting the right employee 58.1
• Diversity and inclusion 55.3
• Gaining commitment to goals 49.3
• Managing priorities 48.8
• Change management 45.2
• Acting on feedback 44.7
• Teaching a skill and delegating responsibility 39.6
• Influencing internal resources 34.6
• Managing a virtual team 27.6

The high priority given day-to-day management problems should not take anyone by surprise, says Novations. What's disappointing is the relatively low emphasis given to the strategic dimension. At the very core of developing new leaders is getting people to look beyond the tactical to see the bigger issues.

• When your top managers grow, your company will, too. Register now for CBIA’s Management Institute series —a convenient, affordable way to prepare your employees for the increased responsibility that comes with leadership. Classes are held at CBIA in Hartford.

DOJ files USERRA suit against city

The Department of Justice (DOJ) has filed a lawsuit on behalf of an Alabama National Guard member, claiming her employer, the City of Marion, violated the Uniform Services Employment and Reemployment Rights Act (USERRA).

The suit alleges that the city refused to reinstate the guard member to her civilian employment position as a dispatcher with the Marion Police Department after she returned from basic training. The suit also alleges that Marion’s violation was willful, which carries an award of special damages, because city officials were aware of USERRA’s reemployment requirements and still refused to reemploy the guard member.

Subject to certain limitations, USERRA requires that individuals who leave their jobs to serve in the U.S. military be reemployed in a timely manner by their civilian employer -- in the same position that they would have held had they not left to serve in the military.

The DOJ’s Civil Rights Division assumed responsibility for the enforcement of USERRA with respect to state and local governments and private employers in 2004. Since that time, the Division has filed 23 USERRA suits on behalf of service members, including the first-ever federal class action lawsuit under USERRA.

2008-2009 HR Council meetings set

Learn from some of the most experienced HR experts in Connecticut by participating in CBIA’s Human Resources Council. The council will meet at CBIA in Hartford from 8:30 to 10:30 a.m. on these dates:

• Sept. 30, 2008 — A legislative and judicial review
• Oct. 28, 2008 — Data security: Don’t let a breach put you in the headlines
• Jan. 27, 2009 — The Family and Medical Leave Act: Complying with an evolving law
• March 31, 2009 — the Internet and your employees: Avoiding potential dangers
• April 28, 2009 — Human resources’ role in going green

The five-meeting series costs $45 per person. To register, contact Lise Cliche at lise.cliche@cbia.com or 860-244-1977.

Design an effective compensation and benefits plan

How can you attract, motivate, and retain good employees? A key is ensuring that your compensation and benefits plan is efficient and effective. CBIA and Mercer Human Resources Consulting have developed a series of courses that will help you do just that.

Courses will be held from 8:30 a.m. to 4:00 p.m. at CBIA in Hartford, Mercer Human Resources Consulting in Norwalk, and the Marriott in Trumbull according to the following schedule:

Introduction to Benefits Theory and Administration

• Sept. 12, Hartford
• Sept 26, Norwalk

Health and Wellness Strategies

• Oct. 3, Hartford
• Oct. 31, Norwalk

Introduction to Total Rewards

• Nov. 21, Trumbull

401(k) or 403(b): Managing Your Retirement Savings

• Jan. 16, Hartford
• Jan. 30, Norwalk

Health Care Consumerism

• Feb. 6, Hartford
• Feb 27, Norwalk

Individual courses cost $199 for CBIA members, $260 for nonmembers. The full series costs $750 for CBIA members, $975 for nonmembers. To register or for more information, contact Lise Cliche at lise.cliche@cbia.com or 860-244-1977.

IRS hikes mileage rate

The Internal Revenue Service (IRS) has approved an eight-cent increase in the optional standard mileage rate for work-related automotive travel, effective July 1. The new rate for the use of a car, including vans, pickups and panel trucks, is 58.5 cents per business mile, up from 50.5 cents for the first six months of 2008.

The mileage rate is normally updated once a year in the fall for the next calendar year. The IRS says this special mid-year adjustment is in recognition of recent gasoline price increases.

The agency also noted that the rate for the use of a car for medical or moving purposes will be 27 cents per mile, and the rate per mile driven in service to a charitable organization will be 14 cents.

HR pros: Mets struck out

While there may have been reason to fire Mets manager Willie Randolph, human resource experts say team officials struck out when it came to how the dismissal was handled.

The Mets "whiffed" by:

• Firing Randolph in the dead of night when he was 3,000 miles away from home
• Doing it after a team victory
• Letting speculation about the manager's status build
• Allowing players to hear the news from outside sources as they returned to their hotel
• Failing to treat Randolph with respect.

The dismissal showed poor communication and poor judgment, said one HR executive. Management didn’t think about perception, and now the team is facing serious damage control.

House approves bill to amend ADA

By a vote of 402-17, the U.S. house of Representatives has approved a bill (H.R. 3195) that would amend the Americans with Disabilities Act (ADA) and override several U.S. Supreme Court interpretations of the federal disability bias law.

The bill modifies the definition of the term “substantially limits” to mean “materially limits,” stating that the new definition is meant to depart “from the strict standard” that has been applied by the courts. It also provides that any “ameliorative effects” of “mitigating measures” like medications may not be considered when determining whether an individual has a disability.

Employer groups as well as civil rights and disabilities groups support the legislation. The bill next moves to the Senate for consideration. The Bush Administration has expressed support for “legislation that improves the ADA” but says it has “significant concerns” about some of the bill’s provisions.

Survey shows increased job satisfaction

More than four out of 10 employees say they are very satisfied with their jobs, according to an annual job satisfaction survey by the Society for Human Resource Management (SHRM).

Eight out of 10 employees report overall satisfaction.

The percentage of very satisfied employees rose from 38% in 2007 to 41% this year. The figure has remained relatively constant since SHRM first conducted its annual survey in 2002, with 30% responding very satisfied. The overall satisfaction score — 83% this year — was 79% last year, and 77% in 2002.

In this year’s survey, female employees reported higher levels of satisfaction than male employees, as did employees aged 56 and older compared with those 35 and younger.

The most important aspects of job satisfaction, as reported by 50% or more of employees, were job security, benefits, compensation, feeling safe in the work environment, communication between employees and senior management, and opportunities to use skills and abilities. These results were similar to last year’s findings.

One significant difference in this year’s findings was the decrease in the importance of “work/life balance,” as it reached its lowest average level in the history of the survey. Forty four percent of employees reported that work/life balance is a very important aspect of job satisfaction, compared with 62% in 2002.

DOL releases annual “time use” data

The U.S. Department of Labor’s Bureau of Labor Statistics (BLS) reports that employed persons worked an average of 7.6 hours per day in 2007, working longer on weekdays than on weekends — 7.9 versus 5.6 hours.

On the days that they worked, employed men worked about three-quarters of an hour more than employed women. This difference partly reflects women’s greater likelihood of working part-time, says BLS. However, even among full-time workers (those usually working 35 hours or more per week), men worked slightly longer than women — 8.2 versus 7.8 hours.

Other BLS findings:

• Many more people worked on weekdays than on weekend days: 83% of employed persons worked on an average weekday compared with 36% on an average weekend day
• On the days that they worked, 20% of employed persons did some or all of their work at home, averaging 2.8 hours per day at home
• Multiple jobholders were almost twice as likely to work on an average weekend day as were single jobholders—62% versus 33%
• Multiple jobholders were also much more likely to work at home than were single jobholders—31% versus 18%.

CBIA’s 2007 – 2008 Compensation Report

Compensation rates are key to attracting and retaining top performers. Find out if your company’s pay practices are in line with what other similar Connecticut businesses are paying. This new report includes data on more than 150 positions from small, midsize and large employers and across various industries. In addition, for the first time CBIA has partnered with Adecco, a leader in human resources solutions, to include their salary survey data as well. For more information or to order a copy of the report, go to http://www.cbia.com/hr/Publications/20072008compensationreport.htm.

CBIA’s On-Site Training:
Sexual harassment prevention and more

If your company has 50 or more employees, you probably know that you are required by law to provide sexual harassment training for supervisory staff. But did you know that numerous court decisions have underscored the importance of such training for smaller companies and for nonsupervisory staff as well?

Off-site employee training can be expensive, inconvenient and difficult to coordinate. CBIA eliminates those headaches by conducting sexual harassment prevention training right at your facility.

No matter the size of your company or the nature of your business, we can tailor a dynamic training workshop to meet your needs. Your staff will learn

• What kinds of conduct and language constitute sexual harassment

• Strategies to prevent harassing behaviors from occurring in your workplace

• Procedures to follow when an employee is harassed, or believes he or she has been harassed

• Interpersonal skills for confronting/discouraging harassers, to ensure a positive, productive work atmosphere

Our workshop includes a review of harassment law, how it applies to your work environment, numerous real-world case examples, role-play activities, and informative take-away materials that will enable you to implement positive, corrective steps immediately upon returning to work.

To schedule a sexual harassment prevention training workshop at your facility—or for information about CBIA’s other onsite training programs—contact Mark Soycher at 860-244-1138 or mark.soycher@cbia.com.

Gas prices changing business practices

For most employers, where their employees live has never been a concern, but soaring gas prices may be changing that.

The Hartford Courant reports that companies nationwide have begun asking applicants a different type of question: Are you driving to work and what’s the length of your commute? It’s part of any conversation, says one employer. Making an investment in an employee who’s going to leave after a short time because of commuting costs hurts the bottom line. Anything beyond a 20- to 30-minute commute is dicey. 

 Many employers are also looking for ways to reduce the commute for current employees, some by shifting to a four day workweek.  Others have begun to shift their supply chain around and are using local suppliers. Larger-than-expected raises to cover the cost of gas may also become necessary for employers worried about losing employees to competitors. 

Job ads: Watch that language

In an informal discussion letter the Equal Employment Opportunity Commission (EEOC) has offered guidance on the legality of using particular wording in “help wanted” advertisements.

Asked whether employers can legally use phrases such as “women and minorities encouraged to apply,” the EEOC said they knew of no case where an employer had been held liable for using such language in their job advertisements. To develop an applicant pool that reflects the demographics of the qualified workforce, it may be necessary to encourage members of underrepresented groups to apply, said the agency.

The agency was also asked whether use of the phrase “and others” makes an otherwise discriminatory advertisement -- as in “seeking stay-at-home moms and others” or “seeking retirees and others" -- nondiscriminatory. According to the EEOC, “seeking” a particular kind of applicant indicates a preference for that group; it is not just "encouraging” people to apply. Therefore, using the phrase “and others” likely would not redeem such an ad.

Another issue brought a mixed response from the EEOC. Asked whether it had a definitive policy for the use of gender-specific job titles, the agency said using a narrow term such as “waitress” in a job ad implicates federal anti-discrimination law because the term is likely to deter members of protected groups — in this case, men — from applying for such jobs. The term “journeyman,” however, is considered gender-specific but its use does not implicate antidiscrimination laws because it is a term of art designating a particular skill level. However, the agency added that it has not taken a formal position on whether “journeyman” or “journey level” is appropriate.

In the letter, the EEOC cautioned that the guidance was general in nature and not a legal assessment. The legality of particular employment practices can only be determined when specific charges of discrimination are filed, said the agency.

Federal contactors must use E-Verify

Under an executive order issued recently by President Bush, federal contractors will be required to use E-Verify — the Department of Homeland Security’s (DHS) voluntary electronic employment verification system — to confirm the employment eligibility of workers on all future government contracts.

DHS operates E-Verify in partnership with the Social Security Administration (SSA). The system compares employee information from the I-9 form against records in the Social Security Administration’s database and in the DHS immigration database. While some states have mandated use of the system for certain employers, voluntary adoption by employers has been slow

The DHS and the attorney general of the U.S. are charged with enforcement of the executive order, and DHS is authorized to issue implementing rules. Among other things, the rules are expected to clarify whether the Office of Federal Contract Compliance will have an enforcement role; the order applies to all federal contracts, regardless of size; and subcontractors are also covered.

Google top choice for MBAs

For the second year in a row, MBA students responding to a survey by Universum have chosen Google as their ideal employer.

The global employer branding consultants Universum polled nearly 58,000 students from 52 MBA programs for its annual survey. Nearly 24% of the students named Google as the workplace of choice. Rounding out the top five were McKinsey and Company (16%); Goldman, Sach (15%); Apple (14%); and The Boston Consulting Group (12%).

The survey also found management consulting to be students' desired industry (30%), followed by financial services (19%), marketing/advertising (13%), consumer goods (12%), and investment banking (8%).

MBA students said they expect a $90,000 salary, on average, one year after graduating and $180,000 after five years.

Boomers not eager to retire

Baby boomers are no more eager to retire than their predecessors were, according to a survey of more than 2,500 senior HR executives by Novations Group, a consulting and training services firm based in Boston.

When asked how the baby boomers in their organization feel about retirement, the HR execs responded:

• Our baby boomers seem eager to retire – 14%
• Our baby boomers seem no more eager to retire than previous groups – 42%
• Our baby boomers do not seem eager to retire – 19%
• Not sure – 25%

Novations warned that the ambivalence of boomers toward retirement has left many employers in a vulnerable position. A majority of them (56%) either don’t expect, or don’t know if there will be, a large loss of talent. Only 26% are taking steps to mitigate the loss, for example, by creating ways for baby boomers to gradually reduce their hours. These 26% will have a competitive edge over other companies that don’t have plans to address the issue, says Novations.

DOL proposes H-2B changes

The U.S. Department of Labor (DOL) has proposed rules to modernize the H-2B application process and strengthen worker protections under the temporary labor certification program.

When there is a shortage of skilled U.S. workers, the H-2B program enables employers to apply for temporary, nonagricultural workers from outside the country to fill temporary or seasonal needs. The proposed rules would streamline the process and eliminate duplication of effort by state workforce agencies (SWAs) and the DOL’s Employment and Training Administration (ETA). Instead of applying first with their SWAs, employers would file their H-2B applications directly with the ETA. Employers would also obtain the applicable prevailing-wage determinations for their job opportunities from the DOL, rather than from their SWAs.

The proposed rules also prohibit employers from passing along any related costs to foreign workers who participate in the H-2B program. In addition, the DOL proposes to debar for up to three years any employer, attorney or agent who commits fraud or willful misrepresentation concerning the H-2B employment-based immigration program, or fails to cooperate in DOL audits or investigations.

Public comments on the proposal will be accepted until July 7.

HSA limits for 2009

 The U.S. Treasury Department and Internal Revenue Service have issued new guidance on the maximum contribution levels for Health Savings Accounts (HSAs) and out-of-pocket spending limits for High Deductible Health Plans (HDHPs) that are required with HSAs. These amounts have been indexed for cost-of-living adjustments for 2009.

New annual contribution levels for HSAs:

• For 2009, the maximum annual HSA contribution for an eligible individual with self-only coverage is $3,000
• For family coverage, the maximum annual HSA contribution is $5,950
• Catch-up contribution for individuals age 55 or older is increased by statute to $1,000 for 2009 and all subsequent years
• Individuals eligible on the first day of the last month of the taxable year (which is December for most taxpayers) may make the full annual contribution (plus catch-up contribution if 55 or older by year-end), regardless of the number of months the individual was eligible in the year. For those people who are no longer eligible on that date, both the HSA contribution and catch-up contribution apply pro rata based on the number of months of the year a taxpayer is eligible.

New amounts for out-of-pocket spending on HSA-compatible HDHPs:

• For 2009, the maximum annual out-of-pocket amounts for HDHP self-coverage increases to $5,800 and the maximum annual out-of-pocket amount for HDHP family coverage is $11,600.

Minimum deductible amounts for HSA-compatible HDHPs:

• For 2009, the minimum deductible for HDHPs increases to $1,150 for self-only coverage and $2,300 for family coverage.

In addition, a fiscal year plan that satisfies the requirements for an HDHP on the first day of the first month of its fiscal year may apply that deductible for the entire fiscal year.

High court backs workers in retaliation cases

 In separate decisions, the U.S. Supreme Court has ruled that two federal laws prohibiting employment discrimination also allow employees to sue for retaliation, even though neither law specifically mentions it.

In one of the cases, a black employee filed suit against his employer, claiming he was fired because of his race and because he complained about alleged racial discrimination against a co-worker. The lawsuit included discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964 and Section 1981, a Reconstruction-era civil rights statute that prohibits, among other things, race discrimination in employment contracts. A lower court dismissed all but the 1981 retaliation claim, which made its way up to the high court.

The other case involved the provision in the Age Discrimination in Employment Act (ADEA) that covers federal employees. It prohibits age discrimination against federal employees, but unlike the ADEA provision covering the private sector, does not prohibit retaliation.

The race bias ruling is particularly significant for employers because Section 1981 has a much longer statute of limitations — four years — than Title VII has. It also does not require an employee to first file a complaint with the EEOC, and does not limit the amount of punitive and pain and suffering damages that can be awarded

Staffing employment edges down

Staffing industry employment declined slightly in the first quarter of 2008 compared with the same period last year, according to survey data from the American Staffing Association(ASA).

America’s staffing companies employed an average of 2.8 million temporary and contract workers per day from January through March, down 1.7% or 48,000 jobs from the first quarter of last year. This marks only the fourth time since the second quarter of 2002 that the industry’s quarterly employment decreased from the same period of the previous year.

Demand has softened for lower-skilled labor, says ASA, but there continues to be growing demand for higher-skilled talent.

In addition, the ASA Staffing Index — which measures weekly changes in staffing industry employment — has been flat since the beginning of the year. This suggests that the staffing industry has remained more resilient than in previous periods when the economy had slowed, says ASA.

U.S. sales of temporary and contract staffing totaled $17.7 billion in the first quarter of this year, an increase of 1.5% over the same quarter of the previous year, and a new first quarter record.

New degree: A.S. in finance, insurance

A new academic degree, associate of science in insurance and financial services, was recently approved by the Board of Governors of the Connecticut Department of Higher Education. The degree is one of the first of its kind in the country.

The Insurance and Financial Services Center for Educational Excellence developed the new degree with extensive industry participation and in collaboration with faculty at Capital Community College in Hartford and Norwalk Community College

Gov. M. Jodi Rell’s office called the degree a significant step toward meeting the needs of the state’s insurance and financial services companies for skilled workers.

The degree will be offered for the first time in the fall of 2008 at Capital Community College and Norwalk Community College. Registration begins in June. For more information, go to

http://www.ct.gov/governorrell/cwp/view.asp?A=3293&Q=416140

Competing for talented younger workers? Get an edge with telecommuting

Connecticut companies are facing a shortage of skilled workers that’s being caused by an aging employee population. Because businesses must continually compete for younger workers, talented young people whose skills can contribute to the success of any business are in high demand. Is your company doing all it can to attract and retain them?

Younger workers often expect flexibility in their work schedules, so offering the ability to telecommute is an easy way to reach this age group. Employees between the ages of 18 and 34 are twice as likely to prefer flexible working conditions as older employees, according to one recent study. In fact, 70% of survey respondents agreed that they would welcome the opportunity to work from a remote location.

Telecommuting is a good option because employers with telecommute programs (1) attract the best and brightest candidates to the hardest-to-fill jobs, (2) reduce the cost and time of recruiting and retraining replacements and (3) help employees achieve work/life balance and reduce their costs and stress.

Many younger workers also have the characteristics that make good telecommuters, including being self-motivated, independent self-starters.

Telecommute Connecticut provides employers with free consulting assistance to design, develop and implement telecommuting programs including HR policies and teleworker agreements and training. For more information, visit www.telecommuteCT.com or call 1 -800-255-7433.

2008 college class largest in state’s history

 Connecticut’s public and independent colleges are expected to graduate some 36,000 students this spring, the largest number in the state’s history.

According to a profile by the state Department of Higher Education, about half of the students will receive their bachelor’s degree, 26% will get a master’s degree, and 14% an associate’s. Most will have majored in one of five fields that have been the most popular choices over the past 10 years: business; health; education; social science/history; and the liberal arts. The class will include more than 1,000 new nurses, more than 3,600 new teachers, and about 3,500 with degrees in the sciences — biology, physics, engineering, and computer science.

Nearly 18% of the students are from minority groups, reflecting the state’s increasing diversity, but still lagging their representation in the general population. Sixty percent are women, retaining their majority status first reached in the late 1970s.

Immigration agents arrest 300

Looking for evidence of aggravated identity theft and fraudulent use of Social Security numbers, agents of U.S. Immigration and Customs Enforcement (ICE) recently arrested more than 300 individuals at a meatpacking plant in Iowa.

The worksite raid was the largest enforcement operation of its type ever in Iowa. All of those taken into custody during the operation are being interviewed to determine if they have health, caregiver, or other humanitarian concerns, says ICE. So far, 40 individuals have been released on humanitarian grounds under supervision, but will be required to appear before an immigration judge. Anyone discovered to be in the United States illegally eventually will be placed into administrative removal proceedings.

ICE has not indicated whether the employer will face charges.

Few companies dealing with language issue

A survey by The Conference Board of senior human resource, training and development executives finds that 66% of companies do not provide English language skills in their training programs.

Among this group, more than half said they “have not found a need to warrant such training,” even though more than 80% report employing English-deficient employees. Some of these companies have found alternative means for accommodating such employees; for example, one in five report using bilingual supervisors.

Companies that don’t provide English language skills in their training programs say they would if it would result in increased productivity and employee engagement.

As foreign workers make up a larger share of the U.S. workforce, more employers will be dealing with language limitations, says The Conference Board. Whether and how companies choose to accommodate these workers could have significant impact on the sustainability of success. The latest evidence suggests companies would do well to recruit and hire the best available talent, regardless of language limitations, and invest in language training.

$1M payout for sex bias against men

A Dallas-based restaurant chain has agreed to pay $1 million to settle a sex discrimination lawsuit that accused the company of refusing to hire male bartenders.

In the lawsuit, the Equal Employment Opportunity Commission (EEOC) claimed that Razzoo’s restaurants set up and communicated to managers by e-mail a plan for an 80 – 20 ratio of women to men behind the bar. Male applicants and servers were expected to testify at the trial — which will now be unnecessary because of the pre-trial settlement—that managers told them Razzoo’s wanted mostly “girls” working as bartenders. Male servers were generally denied promotion to bartender and the few men who were promoted were not allowed to work lucrative “girls-only” bartending events.

Some may say that sex sells drinks, said the EEOC’s lead counsel on the case, but gender ratios are illegal.

Razzoo’s agreed to pay $775,000 to be divided among a class of male applicants, male servers and male bartenders who were discriminated against. The chain also agreed to spend no less than $225,000 to retain the services of a human resources consultant or to develop an in-house human resources department.

Coming in June…. What Every Supervisor Needs to Know About Employment Law. Informed managers and supervisors can be a big help on the HR front. Be sure your company’s supervisors are up to date on the latest developments in discrimination law and related workplace issues. June 11 in Windsor or June 20 in New Haven.

Job seekers need a little help from their friends

Internet sites are helpful, but job seekers still rely most heavily on personal connections when looking for work.

In a survey by Gallup, people who had searched for work in the past six months were most likely to say they used family and friends (74%) and current employees at a company (70%) as resources. Forty percent also used referrals from the potential hiring company’s customers or vendors.

Nearly two-thirds (62%) used online databases to look for work. Smaller percentages of jobseekers relied on other Web-based resources, such as specific organizations’ Web sites (56%), search engines such as Google and Yahoo (39%), professional or trade associations’ Web sites (36%), online networking tools (29%), online job ads (28%), and their college’s career center or Web site (16%).

Job seekers also found referrals and personal interaction more effective than other types of search tools, including web-based databases and search engines. About two-thirds of jobseekers said referrals from an organization’s current employees are effective when searching for work, while half rated family and friends as effective resources. One-third of jobseekers considered an organization’s Web site to be a somewhat effective tool. One quarter said online job databases are somewhat effective, while no more than 20% rated any of the other cyber-search resources as somewhat effective.

State’s high court breaks new ground

Employers must reasonably accommodate employees with disabilities and identify potential accommodations, even though the state Human Rights and Opportunities Act does not explicitly require them to, Connecticut’s Supreme Court has ruled.

In officially recognizing an employer’s duty to accommodate, the high court adopted the position the state Commission on Human Rights and Opportunities (CHRO) has long held on the issue. Its interpretation, said the court, is consistent with the state statute’s legislative history and intent, federal disabilities law, and the law of other states.

The court’s decision revives the accommodation claim of an employee whose employer temporarily moved him from a job as a driver to working in a warehouse after he hurt his back. But the company refused to reassign him on a permanent basis.

10 hardest jobs to fill

In an annual survey by Manpower, Inc., U.S. employers identified the following 10 jobs as the hardest to fill for 2008:

1. Engineers
2. Machinists/Machine Operators (ranked 10th in 2007)
3. Skilled Trades
4. Technicians (4)
5. Sales Representatives (1)
6. Accounting and Finance Staff (8)
7. Mechanics (3)
8. Laborers (9)
9. IT Staff
10. Production Operators

Sales representatives, technicians, accountants/finance staff and machinists appeared on the hardest-to-fill list for the third consecutive year, confirming that job seekers with specific skill sets are still in demand.

Engineers appeared second on the list in 2006 and first this year, after dropping off completely in 2007. Employers are also finding it difficult to fill openings for skilled trades people, IT staff and production operators, all new to the 2008 list.

Although job categories have shifted on the list, it’s clear that all types of companies need to plan how they will transition from baby boomers to younger generations, says Manpower. Companies must balance attracting and retaining aging workers with developing innovative recruiting programs that target young professionals, especially those interested in technical and trade careers.

• To learn more about attracting and retaining older workers, join us for a day long conference in June.

New drug-free workplace kit

The Substance Abuse and Mental Health Services Administration (SAMHSA) has developed a Drug-Free Workplace Kit, suitable for all sizes of workplaces.

Nearly 75% of current illicit drug users and 79% of heavy drinkers aged 18 or older are in the workforce, says SAMHSA. Substance abuse is expensive and dangerous for American businesses, costing them estimated billions of dollars a year.

Available in print or online, the free kit offers practical, evidence-based information, resources and tools for developing and maintaining drug-free workplace policies and programs.

The new kit includes nine brochures, 13 fact sheets, a bumper sticker and two posters for display in workplaces. The materials cover a range of topics, including how to assess your company’s needs; understanding the legal issues related to substance abuse; developing a policy; prevention education; training your supervisors; and creating an employee assistance program. The kit also includes information on how to set up systems for evaluating the program’s effectiveness.

Up to five printed copies of the kit can be ordered by calling 1-877-726-4727. It can be downloaded online at http://www.workplace.samhsa.gov/WPWorkit/index.html.

Bigger paychecks for summer hires

Twenty-four percent of employers plan to pay their summer hires more this year than they did last year, according to a survey by CareerBuilder.com. Nearly half plan to dish out $10 or more per hour; 7% will pay $20 or more per hour.

The hospitality and retail industries lead in the number of hiring managers planning to recruit summer help, at 40% and 39% respectively. Most-offered summer positions are office support, customer service, and landscape maintenance.

Nearly two-thirds of employers say they will consider their summer recruits for permanent placement within the organization.

Summer jobs can also be rather … unusual. When asked about the most unusual or memorable summer jobs they’ve ever held, workers identified chicken wrangler, clown in an underwater theatre; cast member in a haunted house; gopher hunter; eraser of marks in used books; and scrubber of rubber ducks for a national rubber duck race.

Women in the workforce

A record 68 million women were employed in the U.S. in 2007 — 75% of them in full-time jobs, according to the U.S. Department of Labor (DOL).

The largest percentage of employed women (39%) worked in management, professional, and related occupations, accounting for 51% of all workers in these occupations. They outnumbered men in such occupations as financial managers; human resource managers; education administrators; medical and health service managers; accountants and auditors; budget analysts; property, real estate, and social and community association managers, physical therapists; and nurses.

The DOL’S figures also show that 34% of employed women worked in sales and office occupations; 20% in service occupations, 6% in production, transportation and material moving occupations; and 1% in natural resources, construction and maintenance occupations.

For more data from DOL on women in the workforce, go to http://www.dol.gov/wb/stats/main.htm.

H-1B visa cap reached

The U.S. Citizenship and Immigration Services (USCIS) says it has received enough H-1B petitions to meet the congressionally mandated cap for Fiscal Year 2009. The agency has also received more than 20,000 H-1B petitions filed on behalf of people who are exempt from the cap under the “advanced degree” exemption.

USCIS will randomly select the number of petitions needed to meet the caps of 65,000 for the general category and 20,000 for the advanced degree exemption. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit.

Current holders of H-1B visas are not affected by the cap.

Safety at the office

While office settings usually lack drill presses, band saws and other obvious risks that everyone equates with workplace safety, thousands of working Americans are injured in offices every year, says the National Safety Council (NSC). Perhaps the biggest risk in the workplace is not being aware of risks -- not realizing the potential dangers associated with some common office features that can lead to injuries or even death.

According to the NSC, the most common office hazards include file cabinets and other obstacles; electricity and fires; falling down and sitting down; and ergonomics and working postures. For tips on how to assess your office workspace for these hazards and prevent or correct potential problems areas, visit

http://www.nsc.org/cubicle_safety.aspx

More Connecticut commuters using trains

Nearly 1.4 million new riders traveled on Connecticut’s commuter rail service in 2007.

The Connecticut Department of Transportation (DOT) recently released its annual rail ridership report for calendar year 2007 and first two months of 2008, showing across-the-board increases. The New Haven Line had more than 1.3 million new passengers in 2007, a nearly 4% increase over 2006. Shore Line East (SLE) ridership increased 5.5%, or 25,000 more passenger rides in 2007. In January and February of 2008, rail ridership continued to experience strong increases.

New stations, more parking and better equipment are all encouraging more people to choose the train, says Gov. M. Jodi Rell. A modern rail system with convenient and reliable service is an important part of a 21 st century transportation infrastructure Connecticut needs to support our economy and quality of life.

Connecticut intrastate ridership—those customers who do not begin or end their commute in New York City’s Grand Central Terminal — had the highest percentage increase in 2007. More than 3.9 million passengers traveled on the New Haven Line within Connecticut, a 7% increase over 2007. The Waterbury Line experienced a 6.9% increase; the New Canaan Line increased 3%.

The New Haven Line is one of the busiest commuter routes in North America, carrying more than 36 million passengers in 2007.

Watershed benefits case

The U. S. Supreme Court has agreed to hear a case that could have widespread ramifications for employee benefit plans and insurers nationwide.

In the case, the justices will consider how courts should weigh an apparent conflict of interest when the same benefits administrator is authorized to both determine eligibility for benefits and pay those same benefits. The decision would pertain to ERISA-covered plans, such as health, life and disability coverage.

The case involves a benefits administrator who approved an employee for long-term disability, but terminated the benefits after two years, saying the employee had improved to the point of no longer being eligible. Meanwhile, a Social Security judge had ruled that the employee was totally disabled and entitled to Social Security disability benefits.

The employee sued, and a federal appeals court ruled in her favor, finding that the decision to terminate benefits was not the result of a principled reasoning due to the benefits administrator’s conflict of interest.

Depending on the outcome of the case, say experts, companies may find that they have to completely reorganize the way they handle benefit claims. Oral argument at the high court is set for April 23.

Obesity costs employers billions

Obese employees cost U.S. private employers an estimated $45 billion annually in medical expenses and lost productivity, according to a report from the Conference Board.

Obesity is not solely a health and wellness issue, says the Conference Board. Employers need to pay attention to their workers’ weights, for the good of the company’s fiscal health as well as for the good of the employees’ health.

Among the reports’ findings:

• Obesity is associated with a 36% increase in spending on health care services, more than smoking or problem drinking.
• More than 40% of U.S. companies have implemented obesity-reduction programs, and 24% more said they plan to do so in 2008.
• Estimates of return-on-investment (ROI) range from zero to $5 per $1 invested. ROI aside, these programs may give companies an edge in recruiting and retaining employees.
• Employers need to weigh the risks of being too intrusive in managing obese employees against the risks of not managing them.
• The jury is still out on the costs and benefits of paying for employees’ weight-loss surgeries, as some say companies are unlikely to recoup surgery costs before these employees leave for other jobs.
• How employers communicate a wellness or weight-loss program is as important as how they design it; companies should involve employees in planning health initiatives, rather than working from the top down, and should make sure personal privacy is protected.

Updated WC info packet

The Connecticut Workers’ Compensation Commission’s Information Packet has been updated and is available online.

The packet includes comprehensive “plain-English” information about Connecticut’s workers’ compensation system, its benefits and procedures, plus a number of sample forms. It carries a revision date of 4/8/08.

Telecommuting Works! Telecommuting from the Employer’s Perspective

This seminar presents the benefits of telecommuting from the employer’s perspective, including bottom-line benefits, and also focuses on human resources issues and technology considerations. Wednesday, April 30 in Stamford.

More about ‘no-match’ letters

The Department of Homeland Security (DHS) has released a supplemental proposed rule related to the agency’s controversial No Match Rule issued last August.

The August rule outlined the steps an employer should take if it receives a letter from the Social Security Administration indicating that the information the company submitted about an employee does not match the government’s records. That rule was later blocked by a federal judge, and the new supplemental rule aims to address the three issues cited by the judge for his decision.

Specifically, the judge questioned the agency’s change in position on what would constitute an employer’s “knowing violation” of immigration law. He also expressed concern that the DHS had exceeded its authority regarding anti-bias provisions in the rule and had failed to conduct a regulatory analysis as required by the Regulatory Flexibility Act.

DHS maintains that the supplemental rule adequately deals with the judge’s objections. The agency has also filed an appeal of the court’s decision and says it is pursuing the two paths simultaneously in order to resolve the situation as quickly as possible.

The public has until April 25, 2008, to comment on the supplemental rule.

• For an update on the DHS “no match” rule and other immigration issues, don’t miss CBIA’s next HR Council meeting on Tuesday, April 29 in Hartford. To register or for more information.

Onsite health clinics becoming popular

Workplace health centers providing care for employees are growing in popularity, according to a survey by the consulting firm Watson Wyatt Worldwide.

The 2007/2008 Onsite Health Center Survey found that nearly one-third of companies have or plan to have an onsite health center by 2009, up from 27% in 2006. Among companies that have already set up onsite clinics, the most common motivation was a desire to improve the productivity of their employees.

Other key survey findings about workplace health clinics:

• Preventive services such as immunizations and screenings are the most commonly available services. Many employers also offer wellness, disease management, lifestyle behavior change and coaching services.

• Nearly all employers make the onsite health center services available to employees enrolled in their health plan. Three-quarters of companies provide services to part-time employees, including those not eligible to participate in the plan.

• There are significant gaps in the integration of the onsite health center with other health and productivity programs. A number of companies cite this lack of integration as one of the top challenges in operating an onsite health center.

• Despite offering the clinics to help increase productivity, most surveyed companies do not measure their onsite health center’s return on investment.

High court turns down retiree health care case

Ending eight years of litigation, the U.S. Supreme Court has refused to review a federal appeals court ruling that upheld an employer’s right to reduce health care benefits for retirees when they become eligible at age 65 for Medicare.

The court’s action, in effect, leaves intact a rule adopted by the Equal Employment Opportunity Commission (EEOC) that permits “coordination of retiree health benefits with Medicare.” The rule allows employers to maintain a two-tier system of retiree health care benefits, with younger retirees receiving richer benefits than Medicare-eligible retirees. The American Association of Retired Persons (AARP) challenged the EEOC rule in court, claiming that lower benefits for older retirees violated the federal Age Discrimination in Employment Act.

Employer advocates and unions alike disagreed with AARP, saying the rule encourages employers to maintain health care coverage for retirees. Without a compromise rule, they said, employers might equalize retiree health care benefits by reducing benefits for younger retirees or decide to drop all benefits for their former employees.

• For an update on employment discrimination law and other legal and compliance issues, be sure to attend CBIA’s HR Conference in May.

Most employees take “mental health days”

Nearly one-third of employees say they take “mental health days” to tend to family or relationship issues.

ComPsych a provider of employee assistance programs, asked 1,036 employees at client companies: “What would most likely cause you to take a ‘mental health day’ to recover or recharge?” The responses:

• Family/relationship issues (30%)
• Work stress/workload (20 %)
• Personal issues such as legal, financial, other (15%)
• Lack of physical energy/well being (12%)
• Boredom, lack of motivation (5%)

With the growing complexities of family and personal life, it is not surprising that relationship and family issues top the list of reasons for checking out of work, says ComPsych. Whether the employee is married, a caregiver or single, relationship stress can be a major distraction at work. ComPsych says they see this every day in their work, with relationship problems consistently among the top reasons for calls to their employee assistance programs.

New rule on H-1B filings

U.S. Citizenship and Immigration Services (USCIS) has issued an interim rule that modifies the selection process for H-1B visas and prohibits employers from filing multiple H-1B petitions for the same worker. The agency says the goal of the new rule is to ensure that companies seeking H-1B visas subject to congressionally mandated numerical limits have an equal chance to employ an H-1B worker.

The H-1B visa program allows U.S. businesses to employ workers in certain occupations, such as scientists, engineers, and computer programmers, that require a minimum of a bachelor’s degree and the theoretical and practical application of highly specialized knowledge.

Under the new rule:

• USCIS will now either deny or revoke multiple petitions filed by an employer for the same H-1B worker
• USCIS will not refund filing fees for duplicative or multiple H-1B petitions
• In years when USCIS implements a random selection process for petitions, USCIS will include petitions in the random selection process that are filed during the first five business days available for filing H-1B petitions for a given year, rather than just the first two days
• If a petition incorrectly indicates that it is exempt from any of the H-1B numerical limits, the petition will be denied if no H-1B visa numbers are available; and filing fees will not be returned

The rule does not prevent related employers, such as a parent company and its subsidiary, from filing petitions on behalf of the same alien for different positions, based on legitimate business need.

Telecommuting Works! Telecommuting from the Employer’s Perspective

This seminar presents the benefits of telecommuting from the employer’s perspective, including bottom-line benefits, and also focuses on human resources issues and technology considerations. Thursday, April 17 in Gales Ferry or Wednesday, April 30 in Stamford.