HR

Welcome to your virtual HR Department. At the Maine Corner Store, we understand how important each employee is to a small company—and how difficult it is to keep up with all the latest HR issues, from managing Millenials to hiring online to keeping payroll taxes straight. Our HR bloggers have experience in companies of all sizes, so they can answer your questions today and as you grow.

Contractor or Employee: Evaluating the Risk

Posted Tuesday, May 21, 2013 by Pearl Ivey, SPHR

Small employers face more people pressures than ever before. Keeping headcount low due to insurance requirements under the Affordable Care Act, worker’s compensation risks, employment taxes, and increased unemployment ratings when employees don’t meet expectations are just a few of the wide range of costs of employees. Hiring independent contractors often seems like a great alternative. Contractors do not add to the employers head count, do not require insurance, worker’s compensation is avoided along with other payroll taxes, and when the need changes employers don’t have to layoff. The contractor is simply used less or not at all plus there is no unemployment hearing or increase to your tax base. Furthermore, contractors are not provided with 401K, paid time off, do not incur overtime, and often are not treated the same as employees in discrimination suits.

If it sounds too good to be true, it probably is. The extensive pressures of today’s economic market are likely a reason that independent contractor use is on the rise . The cost benefit of hiring independent contractors instead of employees seems huge but so are the risks. President Obama’s commitment since 2010 to enforcement of misclassified employees has been significant and audits have tripled. Maine and other states have also enacted new laws to ensure employee classification is treated seriously. Just a few issues that can trigger an audit include: federal or state tax audit, worker’s compensation claim, unemployment claim, wage and hour lawsuit, federal or state Department of Labor audits, discrimination lawsuit, or merger/acquisition due diligence. A single issue on any of these fronts can trigger a flurry of fines on all sides from a simple misclassification.

One of the most prevalent compliance issues facing small employers in today’s economic market is employee classification. Many employers find that hiring independent contractors or contingency workers can help their workforce remain nimble. They may warrant high rate of pay as compared with a traditional employee; yet the benefits are numerous. Workforce needs are easily met by adding or removing hours from contractors while employee expectations may appear much more rigid.  However, civil damage awards and fines for misclassification can be significant. The Federal government has tripled its revenue since 2008 from misclassification audits.

Having a written agreement and paying workers through 1099 basis will not alone protect employers from misclassification. The new rules are very clear on employee vs. contractor relationships. Language in the new law states that:

1. The following criteria must be met:

1. The individual has the essential right to control the means and progress of the work except as to final results;
2. The individual is customarily engaged in an independently established trade, occupation, profession or business;
3. The individual has the opportunity for profit and loss as a result of the services being performed for the other individual or entity;
4. The individual hires and pays the individual’s assistants, if any, and, to the extent such assistants are employees, supervises the details of the assistants’ work; and
5. The individual makes the individual’s services available to some client or customer community even if the individual’s right to do so is voluntarily not exercised or is temporarily restricted; and

2. At least three (3) of the following criteria must be met:

1. The individual has a substantive investment in the facilities, tools, instruments, materials, and knowledge used by the individual to complete the work;
2. The individual is not required to work exclusively for the other individual or entity;
3. The individual is responsible for satisfactory completion of the work and may be held contractually responsible for failure to complete the work;
4. The parties have a contract that defines the relationship and gives contractual rights in the event the contract is terminated by the other individual or entity prior to completion of the work;
5. Payment to the individual is based on factors directly related to the work performed and not solely on the amount of time expended by the individual;
6. The work is outside the usual course of the business for which the service is performed; or
7. The individual has been determined to be an independent contractor by the federal Internal Revenue Service. *(an SS-8 determination)

Contract workers are an important part of many small employers’ strategic plan, providing flexibility, expertise, and extra help when needed. Following the new guidelines will help ensure proper classification of both.
For more information, check out the Maine law at the Department of Labor Website http://www.maine.gov/labor/misclass/employment_standard.shtml
Feel free to contact me about this or other HR topics at psivey@roadrunner.com

Pearl Ivey, SPHR, MA
Co-Director ME SHRM Government Affairs
207-890-0989
pearl.ivey@molnlycke.com

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March is Colorectal Cancer Awareness Month

Posted Friday, March 08, 2013 by MSCC

Colon cancer … This is not a topic family and friends enthusiastically put at the top of their lists of things to discuss, and getting screened for colon cancer is not joyfully put at the top of most of our “to do” lists. The topic might not be comfortable, and in fact can be embarrassing, to talk about. But embarrassment is a poor excuse for putting off something that could save your life. It’s the second leading cause of cancer deaths in the United States.  The number of new cases of colorectal cancer in the United States has been decreasing slightly, and the number of deaths due to colorectal cancer has been decreasing.  The risk of colorectal cancer tends to increase after the age of 40.

Colorectal cancer can sometimes be associated with known risk factors for the disease.  Many risk factors are modifiable, although not all can be avoided.  Both smoking and inheriting specific genes could be considered risk factors for certain kinds of cancer, but only smoking can be avoided. Prevention means avoiding the risk factors and increasing the protective factors that can be controlled, so that the chance of developing cancer decreases. Although many risk factors can be avoided, it is important to keep in mind that avoiding risk factors does not guarantee that you will not get cancer. Also, most people with a particular risk factor for cancer do not actually get the disease. Some people are more sensitive than others to factors that can cause cancer.

Diet appears to be associated with colorectal cancer risk.  Among populations that consume a diet high in fat, protein, calories, alcohol, and meat (both red and white), and low in calcium and folate, colorectal cancer is more likely to develop than among populations that consume a low-fat, high-fiber diet.  A diet low in vitamin D may also increase the risk of colorectal cancer.  One study has found that a diet low in fat and high in fiber, fruits, and vegetables does not reduce the risk of colorectal cancer recurrence during a 3-to4-year period.  A diet high in saturated fat combined with an inactive lifestyle may increase the risk of colorectal cancer.  There is also evidence that smoking cigarettes may be associated with an increased risk of colorectal cancer. Talk to your doctor about methods of preventing cancer that might be effective for you.

For more information on colorectal cancer and screening, visit anthem.com., or one of the following sites:

• National Cancer Institute:  www.cancer.gov;
• ŸAmerican Cancer Society:  www.cancer.org;
• Centers for Disease Control and Prevention:  www.cdc.gov; or,
• ŸNational Institutes of Health:  www.nih.gov.

When employees feel good, they tend to perform better. That’s why most Chamber BlueOptions’ plans come with employee discounts on health products and services, as well as an online health and fitness program. Just contact your Anthem-appointed insurance producer for more information, or go to the Maine State Chamber’s BlueOptions web page (www.mainechamber.org/blueoptions) to find a producer.       

For more information on the Chamber BlueOptions health plan, please contact Joyce LaRoche, executive director of the Maine State Chamber Purchasing Alliance, by calling (207) 623-4568, ext. 113, or by emailing jlaroche@mainechamber.org; or Amy Downing, program coordinator, at ext. 104 or adowning@mainechamber.org.

*Resources provided by Anthem.com

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February is American Heart Month

Posted Wednesday, February 13, 2013 by MSCC

February is American heart month, and heart disease is the No. 1 killer for both men and women, so it’s a good time to talk to your employees about what they can do to lower their risk of heart disease as research indicates that most heart attacks and other causes of heart disease death could be prevented.

Because the bulk of media attention on the disease is focused on men, only 1 in 5 American women believe that heart disease is her greatest health threat as well. Most believe that breast cancer is the number one threat for women, despite statistics that illustrate that 1 in 31 American women dies from breast cancer each year, while 1 in 3 dies of heart disease. Because women tend to be the “caregivers” in the family and often feel that they are too busy taking care of everyone else to take care of themselves, it’s important to know the facts about heart disease, especially as the symptoms can be different in women than they are in men.

Sixty-four percent of women who die suddenly of coronary heart disease had no previous symptoms. Because these symptoms vary greatly between men and women, they’re often misunderstood. Media has conditioned us to believe that the telltale sign of a heart attack is extreme chest pain. But in reality, women are somewhat more likely to experience shortness of breath, nausea/vomiting, and back or jaw pain. Other symptoms women should look out for are dizziness, light headedness or fainting, pain in the lower chest or upper abdomen, and extreme fatigue.

Another common myth about heart disease is that it doesn’t affect women who are physically fit. This is also not true. Even if you’re a yoga-loving, marathon-running workout fiend, your risk for heart disease isn’t completely eliminated. Factors like cholesterol, eating habits, and smoking can counterbalance your other healthy habits. You can be thin and have high cholesterol. The American Heart Association recommends cholesterol checks starting at age 20, or earlier, if your family has a history of heart disease. And while you’re at it, be sure to keep an eye on your blood pressure at your next check-up.

Studies show that healthy choices have resulted in 330 fewer women dying from heart disease per day. Here are a few lifestyle changes women and men can make:

• Don't smoke
• Manage your blood sugar
• Get your blood pressure under control
• Lower your cholesterol
• Know your family history
• Stay active
• Lose weight
• Eat healthy

A simple pair of sneakers may be a good tool your employees can use to fight heart disease and the hefty tab that comes with it. And when employees crush out that last cigarette, or consume less sodium and fat, their efforts help reduce the 13% of all health care dollars going towards heart disease each year.

When employees feel good, they tend to perform better. That’s why most Chamber BlueOptions’ plans come with employee discounts on health products and services, as well as an online health and fitness program. Just contact your Anthem-appointed insurance producer for more information, or go to the Chamber’s BlueOptions web page (www.mainechamber.org/blueoptions) to find a producer.

For more information on the Chamber BlueOptions health plan, please contact Joyce LaRoche, executive director of the Maine State Chamber Purchasing Alliance, by calling (207) 623-4568, ext. 113, or by emailing jlaroche@mainechamber.org. Or contact Amy Downing, program coordinator, at ext. 104 or by emailing adowning@mainechamber.org.

*Resources provided by Anthem.com and American Heart Association (www.heart.org)

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Staying motivated is critical for employees who are trying to quit smoking

Posted Monday, January 14, 2013 by MSCC

Have you thought about your New Year’s resolutions yet? As each year comes to a close, we think about ways to change our lives for the better. Quitting smoking is a common New Year’s resolution for Americans each year, which is probably why January has become Smoke Cessation Month—but it’s easier said than done. Six out of 10 smokers require multiple quit attempts to stop smoking.

Every year in the U.S. over 392,000 people die from tobacco-caused disease, making it the leading cause of preventable death. Another 50,000 people die from exposure to secondhand smoke. Quitting smoking is one of the best things you can do for your health and the health of those around you. Staying motivated is critical for employees who are trying to quit smoking.  Smokeless tobacco and remembering their reasons for quitting are ways to help them stay on track.

The following facts, found at Smokefree.gov (www.smokefree.gov), are the highlighted results of various scientific studies that have been published on smoking.

Did you know…

• The more intensively you focus on quitting, the higher your odds of quitting are?
• ŸUsing nicotine replacement products could reduce withdrawal symptoms and double your odds of quitting smoking?
• Quitting smoking could help you avoid complications when undergoing surgery?
• ŸThe use of cessation materials like this directly increases your chances of quitting smoking?
• The more strategies you use to quit, the higher your odds of remaining quit?
• For every day that you quit, your immune system improves?
• Even smokers view nonsmokers more positively than they do smokers?
• As a non-smoker, others may perceive you as being more self-disciplined than as a smoker?
• Expectant mothers who quit cigarettes reduce their baby’s chances of having attention, motor control, and perception problems?
• ŸWomen who quit smoking may lower their risk for cervical abnormalities?
• Having people around you who are positive about your effort to stop smoking actually helps you quit?
• Increasing exercise has been linked with success in quitting smoking?
• Persons who have remained tobacco-free for more than 15 years appear to have the same risk as “never-smokers” for stomach cancer?
• Excess risk of heart disease caused by smoking could be cut in half after just one year of quitting smoking?
• The minimal weight gain reported by some ex-smokers often reverses itself over time?
• Quitting smoking could eliminate your need for cholesterol-lowering medication, and result in significant cost savings?
• The increased risk for developing prostate cancer as a smoker disappears over time once you quit?
• Lung function improves within a few months of quitting smoking?
• Supportive partners increase the chances of their significant others quitting?

Your body benefits as soon as you stop smoking. According to the American Lung Association, within 20 minutes of your last cigarette, your elevated blood pressure and pulse rate drop to normal. After a couple of days, your abilities to smell and taste improve, and your damaged nerve endings start to repair themselves. Within a few months, walking and other physical activities will become easier, and your lung function will increase by up to 30 percent. After five years, you’ll have nearly halved your odds of getting lung cancer.

For more information on smoking cessation, visit www.anthem.com. These links may also be helpful: www.cdc.gov/tobacco and www.smokefree.gov.

When employees feel good, they tend to perform better. That’s why most Chamber BlueOptions plans come with employee discounts on health products and services, as well as an online health and fitness program. Just contact your Anthem-appointed insurance producer for more information, or go to the Chamber BlueOptions web page at www.mainechamber.org/blueoptions to find a producer.

For more information on the Chamber BlueOptions health plan, please contact Joyce LaRoche, executive director of the Maine State Chamber Purchasing Alliance, by calling (207) 623-4568, ext. 113, or by emailing jlaroche@mainechamber.org; or Amy Downing, program coordinator, at ext. 104 or adowning@mainechamber.org. 

* Resources provided by Anthem.com

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Social Media in Small Business: Employee and Employer Rights

Posted Friday, January 04, 2013 by Pearl Ivey, SPHR

In 2012, six states (California, Delaware, Illinois, Maryland, Michigan, and New Jersey) enacted legislation prohibiting an employer from requiring or requesting employee social media password information . Although it may seem a natural separation of personal and private life; as a small employer, web presence is often even more crucial than to a large organization. Do your customers use social media to locate your place of business, look for your product, or learn more about your organization? If the answer is yes to any of these then a couple of backhanded social media comments by employees or disgruntled former employees which are linked to or “liked” can severely impact your business. You may not even realize until it’s too late as customers may not tell you, they simply don’t frequent the business. Large companies may have staff committed to reviewing the internet for disparaging remarks about the organization but small companies rarely have time to commit to the activity.

Small businesses have been slow to harness social media at work. According to a survey in 2011 for the Society for Human Resource Management (SHRM), overall, 68% of businesses used social media in some way during the past year and 19% report that they just started using this tool during the past 12 months. 40% of companies participating in the SHRM survey indicated they have a social media policy and 33% had taken disciplinary action against an employee for inappropriate use of social media. Businesses with less than 100 employees were far less likely than larger organizations to have a social media policy .

A word of caution, the National Labor Relations Board (NLRB) has long taken a strong stand on the rights of employees to free speech. The concern is over the rights of employees to collectively discuss terms and working conditions of employment and is inclusive of non-union shops as well as union. A recent case of the NLRB involved a BMW dealership; Knauz BMW in Illinois . A salesperson posted sarcastic comments regarding the hot dogs, chips, and bottled water provided at a sales event. The same salesman also posted photos and comment about an incident at the adjacent Land Rover dealership and an accident that had occurred when a 13 year old took a vehicle and ran over his parent’s foot and then went into a pond. A decision on September 28, 2012 by the NLRB found that the employee acted alone and this was not intending to garner support for the working conditions as the employer indicated the discharge was based solely on the Land Rover incident. The concerns raised from the incident for employers are twofold. First, NLRB is going after non-union employers as well as union workforce when there is concern for overstepping policy boundaries for free speech. Second, had the employee been fired solely for trying to collectively gain support against the employer for serving hot dogs and water instead of champagne or some perceived higher class socioeconomic food items, the discharged employee would have had a case. Ridiculous as it sounds, the theoretical basis is that salespeople rely on commissions for sales. If the terms and working conditions the employer provides are substandard (hot dogs instead of d'oeuvres or lobster, if that is what is expected of this type of clientele), then the employee has the right to collectively discuss this with others. This can include coworkers or others and the employer may not have the right to expect this be kept off from a social website. The key here is to review your social media policy. If you have no social media policy then wrongful termination due to “collective discussion” might have been the outcome, if the Range Rover photos were not part of the case or if it appeared the employee were trying to garner collective group support from other employees. On the other hand, if you have a social media policy and it is so restrictive that it does not permit employees to discuss the dealership during off hours on social media sites then the NLRB or an employee may take action on this as well (notwithstanding company proprietary information or confidentiality breach). This could be considered restricting the employee’s right to free speech. One important point to remember when small businesses are drafting social media policy and also when taking disciplinary action for employee comment on social media sites; be sure to consider employee’s rights under Section 7 of the NLRB to collectively bargain, whether or not your organization currently contains Union staff.

Please feel free to contact me about this or other HR topics at psivey@roadrunner.com

National Conference of State Legislature. Retrieved from http://www.ncsl.org/issues-research/telecom/employer-access-to-social-media-passwords.aspx

SHRM Survey findings: Social media in the workplace. Retrieved from http://www.shrm.org/research/surveyfindings/articles/pages/socialmediaintheworkplace.aspx

National Labor Relations Board. NLRB finds Facebook posting that caused salesman’s discharge at Chicago area BMW dealership was not protected. Retrieved from http://www.nlrb.gov/news/nlrb-finds-facebook-posting-caused-salesman%E2%80%99s-discharge-chicago-area-bmw-dealership-was-not-pro

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Affordable Healthcare? Considerations for Small Business

Posted Friday, November 16, 2012 by By Pearl Ivey, SPHR

With the elections completed, employers will be turning to benefits consideration and implications of the Patient Protection and Affordable Care Act (PPACA)(1). If the vast legislation and discourse on the topic has seemed confusing, you are not alone. 974 pages of legislation, IRS tax requirements, timelines, and interim guidance are certainly enough to discourage small employers from clearly understanding the nuances and implications of decisions regarding costs for employee growth and benefit decisions(2).

Proponents of the sweeping legislation suggested the law would encourage small employers to provide health insurance to employees. Instead, for small employers overall coverage has remained flat. Furthermore, the suggested 35% credit for base coverage purported to be distributed to small employers remains largely untapped. The U.S. Government Accountability Office stated that eligibility estimates range from 1.4 to 4 million businesses. However, in 2010, only 28,100 employers claimed the full percentage and overall 170,300 utilized any claim at all(3). This low number raises questions about the reason that small business wouldn’t want to take advantage of the credit given tough economic conditions.

One explanation suggests that only 83% of organizations in the smallest employer category offer health insurance. In addition, employers themselves and their families are not allowed to personally be included in the exemption. A final factor is the inordinate amount of time required to calculate whether or not your business qualifies.  IRS Form 8491, “3 Simple Steps” for the credit actually requires seven worksheets, fifteen calculations, approximately 2-8 hours gathering the required data, and another estimated 3-5 hours of tax preparation time per US Government Accountability Office Report to Congressional Requesters on the Small Employer Health Tax Credit (May, 2012).  The return on investment may be a negative return if the organization does not qualify.

To review PPACA, employers with less than 50 full time equivalent employees (>30 hours per week, average earnings less than $50,000, with employer paying at least 50% of the premium) are exempt from penalty for not providing insurance; while employers with less than 25 full time employees earning an average of less than $25,000 qualify for the maximum exemption if they do provide insurance. State insurance caps, employer and tax professional preparation time further reduce the incentive to apply for the credits even among the eligible organizations that do provide insurance for their staff. Unless something changes before 2014, Maine has opted out of the State Exchange program and therefore will fall under the Federal Exchange. Exchanges are places where consumers and businesses can compare and purchase health insurance. Small employers will still be exempt after 2014. For a period of time the tax credit will increase to as much as 50% of the base premium for eligible employers. Larger employers will either provide insurance meeting the requirements for employees or face fines/taxes.

As a small employer, consider the following questions:

• Do you currently offer health benefits to your employees?
• Is your current staff retention rate impacted by health benefits?
• As unemployment decreases, will benefits play an important role in your total compensation package?
• If you offer benefits, do they meet the threshold requirements for PPACA?
• For employers at or near the threshold amount for either full/partial credit or potential penalty (10/25/50 full time employees >30 hours) in 2014, what is your staffing plan?
• Will you attempt to recapture qualified credits? If so, you may wish to consider tracking required items.

One final thought is to utilize experts to help facilitate strategic decision making. Your own key staff may have areas of expertise, external partners such as your accountant, insurance brokers, and HR consultants will help inform your organization and suggest options to plan for the changes. The Maine State Chamber offers Chamber BlueOptions® health insurance for small employers. Find out more about the plan and provider contact information or request a quote at
http://www.anthem.com/mainechamberblueoptions/index.html

Although admittedly I’m biased, J. Gaudet Associates, an HR firm in Westbrook, Maine 207-878-5588, provides services for small employers such as benefit comparison analysis and compensation analysis to ensure your current workforce plan and pay meets your strategic goals.  

Please feel free to contact me about this or other HR topics at psivey@roadrunner.com

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High at work? Maine’s Medical Marijuana Law

Posted Tuesday, October 23, 2012 by Pearl Ivey

The statistics around the topic of drug use are startling. In the United States;

• Of the 9.4 million users who reported using drugs in the past month, 2.9 million (31%) worked for firms with fewer than 10 employees (1).
• Of all 2011 drug users, nearly 5 million people used drugs daily or almost daily.
• Employed drug abusers cost their employers about twice as much in medical and worker compensation claims as their drug-free coworkers (2).
• 3.1% of the workforce reported using at least one illicit drug at work during the last 12 months (3).

Workforce impairment and marijuana: the results used to be so cut and dried (pun intended). In 1999, Maine passed the law allowing prescribing and possession of marijuana. In 2009, voters passed legislation (4) allowing a legal distribution mechanism in this state. The Maine Department of Licensing and Registration manages the Medical Marijuana program including registration and dispensary oversight (5). Eighteen states have passed legislation regarding this issue and 8 more have pending legislation.

Maine registrants with a debilitating medical condition may obtain a prescription for marijuana use, grow it themselves, have a designated caregiver grow it for them, or purchase at one of 8 dispensaries located around the state.  Employers are forced to consider the conflict that possession and use of the drug is a federal offense, yet in Maine the drug is legal. The dichotomy is likely one that many small employers will be faced with reconciling. As of March, 2011, Maine had 796 registered marijuana patients with 310 pending and 211 registered caregivers and I’m sure this number has increased substantially in the 1 ½ years since the last published data was released.

According to the law, employers may not refuse to hire someone because they are a (registered) marijuana user, or discipline/terminate them solely for this reason. On the other hand, employers may refuse to permit use or impairment at work particularly when it is contradictory to policy or safety considerations (Cuillo & Lowe (6)). Of course every situation must be considered individually.

In contrast to the Maine law, employees who fall under the federal rules (for example CDL drivers) may have actionable ramifications for positive drug testing under the federal law, even if they have state registration. For positions where safety is a concern, fitness for duty testing is often utilized to ensure the applicant can safely carry out the duties of the position.

Employers may not discriminate against employees for the lawful use of marijuana unless it would cause the employer to be in violation of federal law or lose federal funding (such as the DOT regulated positions). A recent case in May, 2012 held that medical marijuana remains illegal under federal law and ADA protection was not available (7). Then, in another landmark decision on September 19, the US District court in Michigan upheld a lower court decision permitting worker termination for positive marijuana testing indicating the law protects registered individuals from arrest and prosecution but not from drug testing in the private sector(8). The topic of protection certainly brings up new issues for employers to ponder.

Peter Lowe, Esq. of Brann & Isaacson law firm in Lewiston, Maine, has reflected on the issue extensively and shared some key points of consideration that have been ongoing issues for Maine employers:

• Do you wish to learn of the medical marijuana use through a post-offer test or medical screening? If the answer is yes, then you will also need to consider-
• How will you deal with the positive test results?
• What disciplinary action will your company outline for employees impaired by medical marijuana, other drugs (legal or illegal) or alcohol (Noting that the recovering drug addict or alcoholic is considered disabled under ADA)
• How will you return the substance abuser to work?
• How will your organization deal with possession or use of marijuana or other substances at work?

Attorney Lowe provides tips and practical advice for employers:

• Consider whether or not the employee is a “Direct Threat” to themselves or the safety of others that cannot be resolved by reasonable accommodation.  42 USC § 12111 suggests that when the employee falls under the direct threat guidelines the risk of action may be mitigated as long as qualified medical opinion and objective medical evidence is considered.  
• Make sure that you have clear rules regarding drug (legal or illegal) and alcohol possession and use. Review any drug testing programs for alignment and federal vs. state differences. Address safety and including getting the employee who has used, safely home. Define impairment or under the influence and specify clear consequences.
• Review your return to work policy (considering the applicability of FMLA) and Employee Assistance Programs (EAP). Describe expectations. Do individualized assessments and rely on medical opinions.

Given the prevalence of prescription drugs in the workplace, the topic of medical marijuana might be the catalyst to help you think about these issues further.

Peter Lowe is the editor for the Maine Employment Law Letter, a great resource on this and other Maine Law topics. See Peter’s bio page for more information at http://www.brannlaw.com/info.php?sec=2&pid=13

Your comments on this or any other topic are welcome at psivey@roadrunner.com

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Think Pink: October is Breast Cancer Awareness Month

Posted Wednesday, October 17, 2012 by MSCC

We see it everywhere—on bumper stickers, car magnets, lapels, and T-shirts. The pink ribbon is a well-known symbol that has brought increasing awareness to a serious disease. It seems that all of us know someone who has had breast cancer—a neighbor, a friend, a mother or a sister. And it’s no wonder. About one in eight women in the U.S. will develop invasive breast cancer in her lifetime. Not only that, it’s the second most common cancer found in U.S. women.

Looking at Risk Factors…
Risk factors aren’t causes of breast cancer, but they are associated with a greater chance of developing the disease. Having one or more risk factors doesn’t mean you will get breast cancer. In fact, most women who have several risk factors never get the disease. There are some risk factors you can’t control, like your age and your family background. Other risk factors are within your control—things like limiting your alcohol intake and increasing the amount of physical activity you get. Other ways to reduce your risk include eating a healthy diet and getting screened regularly.

Screening…
Screening exams for breast cancer look for evidence of the disease before signs and symptoms appear. There are three main screening tests: mammograms, clinical breast exams, and breast self exams. Your health care provider can tell you which exams are best for you and how often you should have them.

Know the Symptoms…
Symptoms of breast cancer vary from person to person. Some people may have no symptoms at all, which is why getting the recommended screening tests is so important. The increased use of mammography means the number of breast cancers found early is growing.

Male Breast Cancer…
Though breast cancer is found overwhelmingly in women, men can develop it too. In the United States, that ratio is one man to every 100 women who are diagnosed. It was estimated in 2008 that almost 2,000 men would be diagnosed with the disease and about 450 would die of it.

Resources…
Affordable or free mammograms may be available in your area though various public and private health programs. For information, call the National Cancer Institute’s Cancer Information Service toll free at 800-4-CANCER. Or go to the American Cancer Society’s (ACS) website at cancer.org and enter your zip code to find your local ACS office.

When employees feel good, they tend to perform better. That’s why most Chamber BlueOptions’ plans come with employee discounts on health products and services, as well as an online health and fitness program. Just contact your Anthem-appointed insurance producer for more information, or go to the Chamber’s BlueOptions web page (www.mainechamber.org/blueoptions) to find a producer.

For more information on the Chamber BlueOptions health plan, please contact Joyce LaRoche, executive director of the Maine State Chamber Purchasing Alliance, by calling (207) 623-4568, ext. 113, or by emailing jlaroche@mainechamber.org, or contact Amy Downing at ext. 104 or adowning@mainechamber.org.

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Wellness Offerings for the Maine Small Employer

Posted Friday, June 15, 2012 by Sarah Conroy

I’d like to focus in this blog post on some ideas to help you include wellness programming in your business even if you think your business is too small to do so.  As you know, health and wellness is constantly evolving, but it is all wrapped up in your bottom line, whether it be a safety issue in the workplace or a leave to care for a sick family member who might have avoided this had more prevention and wellness efforts been a part of their everyday lives.

How to Go About Developing A Wellness Presence in Your Workplace

I include here an interview I did on a wellness consortium for small employers in Midcoast Maine I was fortunate to create with other employers in 2009.  It might give you some ideas on how to go about it if you are a small employer and want to enjoy some of the benefits that collaborating with others brings.  While the article is about 2 years old as of this writing, much of it continues to be relevant.  For example, you will certainly want to begin by determining exactly what special discounts and programs are available via your insurer and build from there.

Besides your insurance provider’s offerings and wellness related behavior program discounts, there are all kinds of other community-based offerings.  Maine has put its tobacco settlement money to good use and there are Healthy Maine Partnership offices all over the state.  Here is a map to put you in touch with your local offices.   As you will note, the site is easily navigable and includes many other resources, like local walking trails should you want to put together a walking club.  You will also find a resource kit , and a link to Keep ME Well, Maine’s website devoted to wellness, including a free Health Risk Assessment tool that will help your employees and their families know how to set themselves on the path to wellness, regardless of whether your company’s health plan or your company itself offer such a service.

You may also want to familiarize yourself with the Wellness Council of Maine and get some training in their WELCOA programs if you want to take this to the next step and begin to more fully integrate all your offerings and supplement them with a true action plan to bring about employee wellness by incenting behaviors targeted toward the issues in your particular workforce.  You will learn much more about the wellness success stories of big companies like Cianbro and small companies like Northeastern Log Homes.  Success comes in reduction in costs to employer and employee, increases in employee satisfaction and many other forms.  Creating a culture of wellness is important and its care and feeding must be sustained to see results, so think about what you introduce and be sure you are serious about maintaining a wellness presence and including employees in the process.

Other Resources

While I have no connection to this program, I wanted to mention that there is a new option to join the first in the nation health insurance captive.  Maine recently allowed the offering of health insurance captives and the eyes of the nation are upon us.  So far, only one player in this market has emerged and I include it here to address any confusion its name may cause.  It is called the Maine Wellness Association, but it is not a wellness council, it’s actually an employer consortium to self-insure claims in much the same way businesses have been able to do for worker’s compensation programs.  They offer a health plan called Maine Sense.

I would like to recommend a group sponsored by Harvard Pilgrim Health Care called Let’s Talk Health Care. I have been asked to comment there and thus should be considered a compensated spokesperson, but I can tell you I find the group helpful and might not have found it on my own, so I would recommend it regardless.  There is much discussion on wellness, but also many other healthcare related topics relevant to our daily lives.

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Sarah Conroy, SPHR, CEBS
SHRM Maine State Government Affairs Director
207.713.8337
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How’s The Hiring? A Question for Maine’s Small Business Community (Part 3 of 3)

Posted Friday, June 01, 2012 by Sarah Conroy

Questions and Answers (cont’d)

What about returning veterans?  As you know, due to Maine’s proud tradition of military service, there are a LOT of combat vets returning to Maine as well as vets already here.  Are you prepared to take advantage of this great resource?  Take a moment to understand how the military is wired so you can determine how best to utilize veterans as employees.  Remember, we have already paid for some great training for them as taxpayers and you want those skills at your place of business, not someone else’s.  If you have never hired vets before, please consider contacting the veterans’ representative at your local career center for starters:  http://www.mainecareercenter.com/employment/veterans-services/veterans-reps/index.shtml .  You will also want to learn more about how best to engage with the newly returned and those qualifying as Wounded Warriors.  Along with your veterans’ representative, here are a couple of great links to help you get started:  http://www.americasheroesatwork.gov/forEmployers/HiringToolkit and
http://www.esgr.org/site/Resources/FactSheets.aspx .

What about those who may have had challenges with bankruptcy or foreclosure due to the economic downturn? There are many more people who have fallen into foreclosure and bankruptcy in this long recession than ever before.  This status may no longer be a predictor of success in the job for which you wish to screen. If you have a screening process that checks credit, you may wish to revisit it in light of this.  While Maine does not disallow the use of credit checks for relevant positions at this time, many states are now outlawing the practice.  (Of course the Fair Credit Reporting Act and other laws do apply in Maine.)

What about felons?  You might want to take a minute to be sure you are applying EEO law correctly in the screening process.  The EEOC has just refined the regulations that govern the use of criminal background checks in the hiring process and some states are also curtailing its use in an effort to allow those who have paid their debt to society to become gainfully employed once more.  For example, in Massachusetts, a “ban the box” law took effect in February which removes the criminal history question from employment applications.  More on how background checks may be used in private employment:  http://www.eeoc.gov/eeoc/newsroom/release/4-25-12.cfm

What is your policy on following up with candidates?  Does everyone get an acknowledgment?  An explanation?  Feedback of any kind?  Remember, whether chosen or not, whether deserving of respect in your opinion or not, candidates are consumers, citizens and community members among other hats they wear.  You will want to pay attention to your reputation here just as much as on the sales and marketing side of your business.

All these changes in our macro economy along with regulatory shifts means that you will want to begin to see more in your mind’s eye than what has come before.  Can a woman do that job that has always been held by a man in your business?   Will you gain more from a fresh perspective on things than might be lost in say, upper body strength?  Start with the top of your org chart and encourage everyone to think about what candidate brings, not how they are different or how they are not “Bob” or “Sue” or other role models.
 
Your questions on this or any other HR topic is welcome at seconroy@gmail.com.

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