SEPTEMBER - 2007

   IN THIS ISSUE
 
2007 Annual Survey of Employer-Sponsored Health Plans
The findings of the 2007 annual survey of employer-sponsored health insurance by the Kaiser Family Foundation and Health Research and Educational Trust are now available. A quick scan of the numbers indicates that most didn’t change all that much from the spring of 2006 until this spring. Approximately the same percentage of employers offer health insurance to their workers (60% in 2007 vs. 61% in 2006) and the average annual premiums increased by 6.1%, down somewhat from the 7.7% increase for 2006. The good news is that this marks the 4th consecutive year in which the rate of growth for premiums has declined. This is also the lowest rate of increase since 1999 when premiums increased by only 5.3%. Almost half (46%) of the plans offered by employers experienced increases of 5% or less. While the current trend toward a lower rate of change in premiums continues, it is important to note that since 2001, premiums for family coverage have increased by 78%. Over that same period inflation has gone up 17% with wages increasing only 19%.

The average annual health insurance premium for single coverage was $4,479 in the 2007 survey with family plans averaging $12,106 across all employer size categories with little variation between small and large employer plans or between plans fully insured and those that were self-funded. Of workers with single coverage 80% contributed an average of $694 toward their premiums and 94% of those with family plans contributed an average of $3,281 toward annual premium costs. Overall, workers with single coverage contributed 16% of premium costs and those with family plans contributed 28%. This proportion of premium cost shared by workers has remained relatively stable and worker contribution continues higher for small employer plans.  MORE
 
US Chamber Challenges New Worker ID Rules
The Department of Homeland Security is the latest government agency to step in with a proposed solution to undocumented workers in the U.S. In August it issued new rules that would take effect on September 14 placing increased responsibilities and burdens on employers. The Social Security Administration (SSA) currently notifies employers that have 10 or more employees with information that does not match the SSA database. However, employers have not been required to act upon these notices. The new Homeland Security rules basically would give employers just 90 days to resolve ‘no-match’ letters from the SSA. On August 31 the new rules were put ‘on-hold’ when a U.S. District Court Judge temporarily blocked their implementation in response to suits filed by various labor and civil rights organizations. The U.S. Chamber of Commerce and other business groups have also filed suits to block implementation. The SSA was preparing to send out 140,000 ‘no-match’ letters to employers involving over 8 million workers. The Chamber estimates that resolution of these notices would cost small businesses in the U.S over $100 million.
 
ANSWERS FROM THE HELPLINE
WAGE AND HOUR LAWS


Q.    Must I pay employees double-time if they work on Sundays or holidays?

A.    There is no legal requirement to pay double-time for work performed on Sundays or on holidays. If employees are eligible for a paid holiday and also work on the holiday, they would be paid for their hours worked in addition to their holiday pay. Of course, any hours over 40 in a week are to be paid at time-and-a-half for non-exempt employees.

Q.    Is there a minimum call-in pay that I am required to pay employees?

A.    If an employee is called in to work, the employer is only required to pay them for their actual time worked. While some employers may choose to have a company policy that will pay employees a minimum of 2 or 4 hours in order to reward and encourage employees to be willing to suddenly come in if needed, there is no law requiring them to do so.

Q.    Do I need to pay employees when they are on-call?

A. Employees do not have to be paid for on-call time, only hours worked. Keep in mind that employees must be given an adequate amount of time to report to work, giving them the freedom to do what they wish with their free time. A reporting time of less than 30 minutes may be considered too restrictive. If the employee is required to remain at home or any other one location, this may be considered work time. An employer is allowed to require the employee to abstain from alcohol consumption during on call time.

Q. Can I give an employee comp time instead of paying overtime if the employee would prefer it?

A. Even if an employee wishes to have compensatory time off, employers are legally required to pay time-and-a-half for all hours worked over 40 in a week for non-exempt employees. Therefore because overtime must be paid for in the pay period in which it was earned, this is an illegal practice, if the compensatory time is saved for a later pay period. The employer can choose however, to allow the employee to leave work early, come in late, or take a day off to offset extra hours in the same workweek.

Q. When must I pay my employees for travel time?

A.    Travel time is paid differently depending on if it includes an overnight stay or if the travel is done all in one day. Employers must pay travel time for employees required to travel to another city and return home the same evening, minus the normal commuting time, whether the travel time is within normal working hours or not. Employers must compensate employees required to stay overnight in another city, for travel only during normal working hours, but regardless of the day of the week.
 
Gen-Y Workers Again Distinguish Themselves
Based upon past articles in the HR Exec, it should come as no surprise to hear that another study has identified Generation Y workers as ‘high risk’ for departure. A report from Walker Information on loyalty in the workplace confirms that these newest workers to enter the workplace are 6% more likely to move on to another job than the next older age group - Generation X. However, this report adds a new twist by saying that these young workers also represent the highest percentage of ‘truly loyal’ employees coming in 6 points higher than even the famously loyal ‘baby boomers’. The Gen-Y workers are educated and highly skilled. They are also eager to buy-in to their employer’s mission. But if they don’t find the environment supportive of their continued growth and advancement, they are prepared to look elsewhere. This outlook isn’t unique to the Gen-Y worker as the percentage of workers categorized as ‘high risk’ to leave exceeds those classified a ‘loyal’ regardless of age. This has made worker retention a business problem that more and more HR executives are struggling to address with competitive pay, benefits, recognition and career advancement programs.  MORE
 
409A Document Compliance Deadline Extended
We have been warning of the impending year-end deadline for changes to 409A compliance so you may be relieved when you hear that Treasury and the IRS have extended 'the deadline'. Be careful. The document compliance deadline has been extended for those businesses scrambling to apply changes in Internal Revenue Code Section 409A to nonqualified deferred compensation plans. However, the requirements and effective date of the new requirements haven’t changed, just the document compliance deadline. This means a plan can now be amended retroactively during 2008 back to January 1, 2008 but it still must be in operational compliance with the new requirements throughout the year. Since operational compliance hasn’t changed, the review of arrangements potentially subject to 409A prior to December 31, 2007 is still required to be in compliance with the final regulations by year-end.
 
Business Customers of Ameren May Qualify for Assistance Program
Ameren Illinois utilities has launched a program to assist small businesses and non-profit organizations hard hit by higher electric bills. A qualifying organization may receive one-time credits of up to $5,000 toward their Ameren electric bills. Part of a $1 billion rate relief package for Illinois electric customers, the Non-Residential Hardship Assistance Program extends assistance to the non-residential market. To qualify, businesses and organizations must meet the eligibility guidelines listed on www.ameren.com and be able to demonstrate a financial hardship caused by this year’s electric rate increase. Non-profit applicants must provide proof of their non-profit status; businesses must have fewer than 50 employees and have experienced at least a 30 percent increase in their electric bill from July 2006 to July 2007. For complete program guidelines or an application, visit www.ameren.com or call your Ameren Illinois utility. Applications for assistance must be postmarked no later than October 12, 2007.
 
Environmental Regulatory Training for Your Staff
The Illinois Environmental Regulatory Group (IERG) is offering seminars specifically designed to detail the technical and legal requirements and expectations necessary for environmental compliance. Give your in-house management the basics crucial to their effective use of outside experts. Three (3) sessions will be presented covering regulations in the areas of Air (9/24), Water (10/29) and Land (11/7). You are encouraged to attend all sessions and bring your outside experts along with you. Application has been made for accreditation with the Illnois MCLE Board. Discounted rates are available to IERG and Illinois Chamber members. CLICK HERE for complete information and registration.
 
Drug-Free Workplace Week 2007
The Department of Labor has announced that this year’s Drug-Free Workplace Week will be held October 14 through 20. The purpose of Drug-Free Work Week is to educate employers, employees and the general public about the importance of being drug-free as an essential component of a safe and healthful workplace. Throughout the week the DOL and alliance members will conduct various activities to help employers, supervisors and workers understand how to implement effective drug-free workplace programs that focus on detection and deterrence while also offering assistance and support for workers who may have problems with alcohol or drugs. CLICK HERE to find out how your business can participate.
 
The Chamber HR HELPLINE
Knowing what you can and can't do will help you prevent costly mistakes. Call our staff of HR experts. Let Pam Holleman help you deal with problems safely and avoid disputes. You can reach the Helpline toll-free at 800-322-4722.
 
Business Services
Your membership in the Illinois Chamber pays! We offer valuable programs and services to our members at special discounts. CLICK HERE for our growing list of outstanding seminars, workshops and programs that will help you with your everyday business needs.
 
Support Your Guard & Reservists!
The Chamber urges all Illinois employers to recognize their Guard and Reserve employees by signing and displaying the ESGR Statement of Support. To get yours, simply complete an online form and you will receive a personalized certificate that demonstrates your support. Click here for answers to Frequently Asked Questions (FAQ's) for employers and reservists. Also visit the SBA Veteran's Business Development web site for assistance to small business owners that have employees activated in the Guard or Reserves. Click  MORE
 

The HR Exec - Copyright © 2007 The Illinois Chamber
Wood S. McComb, Editor
Pam Holleman, Manager, Human Resource Information