Quick Hits - January 31, 2018 - American Society of Employers - ASE Staff

Quick Hits - January 31, 2018

Fertility benefits a growing trend for employers: The percentage of employers offering fertility benefits to employees is expected to grow from 55% in 2017 to 66% by 2019, according to the 2017 Maternity, Family and Fertility Benefits Survey from Willis Towers Watson. Of the employers currently offering fertility benefits, 65% offer coverage for fertility services to same-sex couples — a percentage expected to increase to 81% by 2019. Of employers offering and enhancing fertility benefits: 71% offer them to support their inclusion and diversity goals and objectives; 59% do so to help recruit and retain top talent; 49% do so to be recognized as a “best place to work;” and 49% say it supports the organization as a “woman-friendly workplace.”  Source:  Willis Towers 1/22/18

Cadillac Tax delayed until 2022:  When President Trump signed off on the recent budget continuing resolution, there was a provision for a two-year delay of the effective date for the 40% excise tax on high-cost medical plans, from 2020 to 2022.   It was estimated that nearly a fourth of employers were likely to get tagged by the tax in its first year, even though it was supposedly going to affect only very rich-- “Cadillac” – health plans.  The tax is a 40% excise tax on individual insurance policies costing $10,200 or more and on family plans costing $27,500 and up. The chief purpose of the Cadillac tax was to give both employers and employees an incentive to hold down the cost of health spending by giving them an incentive to shift from expensive traditional plans to lower-cost policies with higher deductibles that would discourage employees from using healthcare services they didn’t really need. But the tax also was intended to help finance the Affordable Care Act by generating an estimated $12 billion in 2018 and $20 billion in 2019 to pay for the cost of providing healthcare for the uninsured, according to Congressional Budget Office estimates.  Source:  Mercer 1/25/18; NJ Spotlight 11/4/14

EEOC FY 2017 results reported:  The U.S. Equal Employment Opportunity Commission (EEOC) announced that 84,254 workplace discrimination charges were filed with the federal agency nationwide during fiscal year (FY) 2017 and secured $398 million for victims in the private sector and state and local government workplaces through voluntary resolutions and litigation. The comprehensive enforcement and litigation statistics for FY 2017, which ended Sept. 30, 2017, are posted on the agency’s website.  The EEOC resolved 99,109 charges in FY 2017 and reduced the charge workload by 16.2 percent to 61,621, the lowest level of inventory in 10 years. The agency achieved this by deploying new strategies to more efficiently prioritize charges with merit, more quickly resolve investigations, and improve the agency’s digital systems. The agency handled over 540,000 calls to its toll-free number and more than 155,000 inquiries in field offices, reflecting the significant public demand for the EEOC’s services.  The FY 2017 data show that retaliation was the most frequently filed charge filed with the agency, followed by race and disability. The agency also received 6,696 sexual harassment charges and obtained $46.3 million in monetary benefits for victims of sexual harassment.  Source:  EEOC 1/25/18

In California when does an employer need to provide a salary range to an applicant under the new law? Upon “reasonable request,” employers are now required to provide a “pay scale” for an applied-for position to an applicant. Although the law does not specifically define “pay scale,” employers may want to be prepared in advance to disclose the company-approved pay range for a position. When providing the salary range, employers may qualify it by explaining that the salary offered will be based on appropriate factors such as qualifications and experience. Employers may want to consider using salary bands in recruiting materials so that applicants can identify the possible salary range for self-selection purposes. Employers may also want to implement a system to document when an applicant requests a pay scale and that his or her request was fulfilled. Both written and oral requests for a pay scale must be satisfied.  Source: Ogletree Deakins 1/23/18

New federal contractors must enroll in E-Verify: Federal contractors and subcontractors with the E-Verify Federal Acquisition Regulation (FAR) requirement must enroll in and use E-Verify. Beginning Jan. 5, new federal contractors and subcontractors with a FAR requirement must provide their Data Universal Numbering System (DUNS) during the E-Verify enrollment process. Existing E-Verify employers designated as federal contractors with a FAR requirement do not have to provide their DUNS number but will be prompted to enter it in E-Verify when they update their company profile. To learn more about enrolling in E-Verify, use the E-Verify enrollment checklist and view the enrollment video.   Source: USCIS 1/25/18

Should the day after the Super Bowl be a national holiday? According to a new poll by Office Team, 72% of HR managers think that the day after the professional football championship game should be a paid national holiday from work. That may not be a bad idea considering more than one-quarter of employees (27%) admitted they've called in sick or made an excuse for skipping work following a major sporting event, such as the Super Bowl, NBA Finals, or World Series. Nearly one-third of professionals (32%) have been tardy to the office the day after watching a big game.  Source: Office Team 1/25/18

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