Quick Hits - March 1, 2023 - American Society of Employers - ASE Staff

Quick Hits - March 1, 2023

Employers supporting treatments for weight loss: More employers are becoming aware of the dangers of obesity among their employees and are opting to assist them with weight loss and weight management efforts. That is one significant finding of the 2022 “Employee Benefits Survey” recently released by the International Foundation of Employee Benefit Plans. The survey indicates that 22% of employers in the United States cover prescription drugs for weight loss, and 45% cover bariatric surgery. Additionally, 32% of organizations offer weight management programs. Overweight people are at a heightened risk of other chronic conditions, such as high blood pressure, type 2 diabetes, coronary heart disease, and some cancers, according to Julie Stich, a certified employee benefits specialist and the International Foundation’s vice president of content. The survey also identifies other popular fitness and nutrition initiatives among both corporate and public/governmental employers. They include standing and walking workstations, ergonomic training and support, offsite fitness center or gym membership subsidies, and encouraging exercise or other activity during work breaks.  If your organization isn’t offering these benefits yet, it should consider given the war for talent.  Source: ALM Benefits Pro 1/12/23

Women are returning to the workforce: After suffering steeper job losses than men in the Covid-19 recession, many women have quickly regained their footing in an economy benefiting from historically low unemployment.  Labor force participation among women between the prime working ages of 25 and 54 has virtually made a full recovery, according to government data released last week. At 76.9%, the share of women in that age group who were working or actively looking for work in January was essentially back to its pre-pandemic level of 77%.  The rebound comes after 13.6 million women, or 18% of the entire U.S. female population, lost their jobs during the depths of the pandemic. Those losses were steeper than for the 11.9 million men who lost their jobs, or 14% of the U.S. male population, over the same time period. Men of prime working age, by contrast, have yet to experience a full recovery. While labor force participation among 25- to 54-year-old men outstripped the rate among women in the same age group, at 88.5% in January, it was still shy of February 2020’s level of 89.2%, according to federal data.  Yet many may be in the workforce and not counted since they may be working gig jobs (as independent contractors).  Source: NBC News 2/13/23

Hybrid seems to be growing:  The number of Americans back in offices has been steadily climbing since the height of the pandemic. Americans who have the option of working from home might be doing so to avoid paying for public transit or gas as the economy tightens, says George Anders, senior editor-at-large at LinkedIn.  And the recent winter storms and cold snaps could be deterring people to trudge forward with daily commutes.  There are also people who have recently been hired for fully in-person jobs who discovered upon joining that onsite attendance five days a week isn't necessary. So, they've slipped into hybrid work, Anders says.  The bottom line: Employers want workers to come back for good, but it's unlikely work will ever return to what it was before the pandemic's massive experiment in teleworking.  Source: Axios 1/12/23

FMLA for remote workers:  In a Field Assistance Bulletin sent to regional administrators and other DOL staff, Principal Deputy Administrator Jessica Looman of the DOL's Wage and Hour Division  said that teleworking employees may take medical or family leave even if they do not work in close proximity to their colleagues. Under the FMLA, workers may take unpaid medical leave after they accrue 1,250 hours of service, so long as there are at least 50 employees at or within 75 miles of their worksite. Wage and Hour said that the office or worksite to which workers report or from which they receive assignments, not their personal homes, is considered their worksite for FMLA purposes. Thus, the department said, eligible workers who do not live within 75 miles of 50 or more colleagues may take FMLA leave, so long as they receive their instructions from a larger office or hub.  HR needs to ensure that they documented remote employees reporting lines in an organizational chart. Source: Law360 2/9/23

Considering disability insurance for employees? A major consideration when purchasing LTD insurance is whether the benefits are taxable to the employee. If the employer pays 100% of the premiums, the LTD benefits are fully taxable to the employee. On the other hand, if the employee pays some or all of the premiums on a post-tax basis, the LTD benefits are tax-free according to the percentage of premiums paid.  Before purchasing group LTD insurance, ask if the carrier offers a "gross up plan." Under these arrangements, the employees pay 100% of the premiums on a post-tax basis. Employers can "gross up" the employees by offering a raise to compensate them for the added premium cost. This arrangement is permitted by the IRS and enables employees to enjoy tax-free LTD benefits at no additional cost to the employee and only minimal added cost to the employer. Also, define the term disability.  Does the plan insure against the participant's inability to perform his or her own occupation, any occupation, or some combination of the two? Make sure you are comfortable with the definition of disability. If not, consider requesting that the definition be changed to "own occupation" coverage (or even "specialty own occupation" coverage) for the full duration of benefits, or at least five years.  Source:  DeBofsky Law 1/5/23

Do you know the State Song of Michigan?  No, it’s not Hail to the Victors or Victory for MSU.   "My Michigan," written in 1933, has been Michigan's official song since 1937.  The full history is that it was written by Giles Kavanagh (lyrics) and H. O'Reilly Clint in 1933. It was published by Clint's own music publishing company at Detroit. It was formally adopted as an official state song by the Michigan Legislature in 1937 by Concurrent Resolution 17. Despite being an official state anthem, the song is very rarely sung and has never been used on formal state occasions. This may be because doing so would incur liability to pay a royalty. The State did not purchase and/or the authors would not sell the copyright. Its copyright will expire at the end of 2028, the 95th year after its publication, per the Copyright Term Extension Act.  So, in 2028 we can all sing without fee the Michigan state song.  Source:  USA Today 2/12/23, Wikipedia

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