Quick Hits - April 17, 2024 - American Society of Employers - ASE Staff

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Quick Hits - April 17, 2024

Are wellness plans worth the investment?  According to a recent study the answer is yes.  Gympass surveyed over 2,000 benefit leaders to answer this very question, and a majority said yes. In fact, 90% of companies believe they see a positive return on their wellness benefits, 85% said their wellness programs decreased the cost of recruitment and retention and 78% reported that their benefits saved them money on healthcare. Any investment in well-being, whether mental health, preventative or nutritional care, can make a difference, underlines Livia Martini, chief people officer at Gympass. To buttress the positive, according to Gympass, 98% of HR leaders saw an improvement in employee satisfaction after rolling out a wellness program, while 85% noticed decreased utilization of sick days as a result of their benefits. Ultimately, the best employee is a person who has the time and energy to have a rich life outside of work, notes Martini, and workers are embracing that mindset — 93% of workers said they consider well-being to be equally important to salary, according to Gympass.  Source:  EBN 3/27/24

Is getting a college degree worth it?  According to recent studies the answer is still yes.  For decades, research has showed that earning a degree is almost always worthwhile.  Recent college graduates working full-time earn $24,000 more a year than those with just a high school diploma, according to newly released data from the Federal Reserve Bank of New York.  Additionally, finishing college puts workers on track to earn a median of $2.8 million over their lifetime, compared with $1.6 million if they only had a high school degree, according to “The College Payoff,” a report from the Georgetown University Center on Education and the Workforce. In general, bachelor’s degree holders earn 75% more over their career, the report found — and, in many cases, the higher the level of educational attainment, the larger the payoff.  However, a lot still depends on the choice of major, research also shows. A recent study published in the American Educational Research Journal found that engineering and computer science majors provide the highest returns in lifetime earnings, followed by business, health, and math and science majors. Education and humanities majors and arts majors had the lowest returns of the 10 fields of study considered.  Source:  CNBC 3/14/24

While the number of union workers rises in autos, it’s the opposite in construction: According to an Associated Builders and Contractors analysis, the percentage of construction workers who belong to a union dropped to a record low of 10.7% in 2023. This is the latest in a generational shift. Over the past 50 years, the percentage of unionized workers has decreased from 39.5% to the new low. Nonunion construction, just like nonunion service and supply, employers should still be aware of unions and related labor law issues.  First, the government’s infrastructure bill projects will be required to be covered by project labor agreements (PLAs) between contractors and unions per a recent executive order by President Biden.  Second, construction unions are powerful organizations and decades old. They will continue to seek growth through organizing. By some metrics, 2023 was the most successful year in union organizing since 2000.  Finally, the National Labor Relations Board covers unions and nonunion employers.  Therefore, an unfair labor practice could be brought by nonunion workers against nonunion employers.  Source:  Jackson Lewis 4/3/24

What are the basic requirements for Summary Plan Descriptions (SPDs)? Under ERISA, there are several required aspects to producing an ERISA-complaint SPD. First, it must be a complete and accurate summary of plan, including benefits, rights, and obligations under the plan, and must be written to be understood by the “average plan participant.” SPDs much be furnished automatically to participants (and sometimes beneficiaries) within 90 days of being covered by a group health plan and must be furnished within 30 days after a group health plan participant requests a copy. If a plan makes changes, they are required to distribute a summary of material modification (SMM) or an updated SPD, no later than 210 days after the plan year. If the modification is a “material reduction in covered services,” the SMM must be provided no later than 60 days from the date the change was adopted. In addition, SPDs must be generally redistributed every five years. A safe harbor developed in 2002 allows employers to furnish documents electronically in two circumstances:  first, if the employee works in a computer environment, and second, if the administrator provides notice and asks consent for electronic SPDs.  Finally, in certain situations, disclosure in a foreign language can be required in an English language SPD.  Source:  CCH 3/29/24

How many jobs have you had in your career so far:  According to the Bureau of Labor Statistics, Americans born in the early 1980s held an average of nine jobs from age 18 through age 36, the U.S. Bureau of Labor Statistics reported. These adults held more jobs at younger ages: they held an average of 5.1 jobs from ages 18 to 23 compared with 2.5 jobs from ages 30 to 36. While aged 18 to 36, women with more education held more jobs than women with less education.  Regardless of education, men held a similar number of jobs. Among individuals who started jobs between ages 18 to 24, the average individual had 61% of their jobs end in less than a year, compared with an average of 34% among those who started jobs while ages 25 to 36. In this older age range, job duration is significantly longer for those with more education. Among individuals with less than a high school education who started jobs while ages 25 to 36, the average individual had 46% of their jobs end in less than a year, compared with 27% among those with a bachelor's degree and higher.  Source:  BLS 4/2/24

Ontario is requiring pay transparency: On March 24, 2024, Bill 149, the Working for Workers Four Act, 2023 (the Act) was approved.  At some point in the future, employers will be required to include the expected compensation for a position or range of expected compensation for a position in publicly advertised job postings.  Employers will be prohibited from including any requirements related to Canadian experience in a publicly advertised job posting or in any associated application forms.  If an employer advertises a publicly advertised job posting and if the employer uses AI to screen, select or assess applicants for the position, the employer will be required to include a statement on the posting disclosing the use of AI. It appears that the obligation to disclose the use of AI in the hiring process will be limited to a disclosure of the fact that AI is used and will only be required in relation to publicly advertised jobs.  Employers will be required to retain copies of every publicly advertised job posting and any associated application forms for three years after access to the posting by the general public is removed.  The definition of "employer" in the ESA will also be amended to include "prospective employer", such that the above requirements will clearly apply to both employers and prospective employers.  Source: Borden Ladner Gervais LLP 4/1/24

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