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Attorney discusses HR challenges with health law’s employer mandate
SYRACUSE — The employer mandate in the Patient Protection and Affordable Care Act (the national health-care reform law) takes effect in just over 11 months, and human-resources (HR) professionals should make certain they have an accurate figure on their company’s employee count. That’s the recommendation from Christian Jones, a labor-law attorney with Mackenzie Hughes, LLP […]
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SYRACUSE — The employer mandate in the Patient Protection and Affordable Care Act (the national health-care reform law) takes effect in just over 11 months, and human-resources (HR) professionals should make certain they have an accurate figure on their company’s employee count.
That’s the recommendation from Christian Jones, a labor-law attorney with Mackenzie Hughes, LLP of Syracuse.
The employer mandate is a requirement that all businesses with over 50 full-time equivalent (FTE) employees provide health insurance for their full-time employees, or pay a per month “Employer Shared Responsibility Payment” on their federal tax return.
The provision is most often referred to as “play or pay,” Jones says.
The employer mandate is officially part of the Employer Shared Responsibility provision.
The annual fee is $2,000 per employee if a company doesn’t offer insurance (the first 30 full-time employees are exempt), according to a research CribSheet at the website of the Nashville, Tenn.–based National Federation of Independent Business (NFIB).
The NFIB says it advocates for the nation’s small businesses.
“So … an important first step for all employers is to determine whether they are subject to the employer mandate. In that regard, employers need [to] determine whether they meet that … 50 full-time employee, or 50 FTE employee threshold,” Jones says.
And if the company uses any independent contractors for work production, the HR department needs to make sure those contractors are properly classified to determine if they are part of the company’s overall employee count, says Jones.
“It’s important for employers to take a close look at their independent contractor arrangements and ensure that the classification is proper. And, if not, that they do properly classify those individuals as employees and include them in their employee count,” Jones adds.
Even though the federal government announced the year-long delay in the employer mandate more than six months ago, Jones recommends HR department begin the employee-count process soon, if they haven’t already done so.
As they’re preparing for compliance with next year’s employer mandate, Jones also advises HR departments that some employees might still be thinking about the individual mandate, which took effect on Jan. 1 but also has a deadline of March 31 for this year’s open-enrollment period.
“I can certainly envision employees perhaps having questions or concerns regarding their ability to obtain healthcare coverage,” Jones says.
In that case, he’d recommend employers provide a notice to those workers who elected not to participate in the employer-sponsored plan to make them aware that they have until the end of March to enroll in a plan through NY State of Health, New York’s health-insurance marketplace.
Contact Reinhardt at ereinhardt@cnybj.com
Amendment to state labor law affects severance packages
SYRACUSE — An amendment to New York’s Labor Law that took effect on Jan. 1 could affect how terminated employees negotiate severance packages. Under the amendment, New York workers who are terminated could become ineligible for unemployment insurance (UI) for a time, if they accept an immediate severance package from their employers. Under the new
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SYRACUSE — An amendment to New York’s Labor Law that took effect on Jan. 1 could affect how terminated employees negotiate severance packages.
Under the amendment, New York workers who are terminated could become ineligible for unemployment insurance (UI) for a time, if they accept an immediate severance package from their employers.
Under the new law, employees aren’t eligible to receive UI benefits during the weeks they receive severance pay, if their payments exceed the maximum weekly benefit rate, which is currently $405.
Employees will qualify for UI benefits if their initial severance payment arrives more than 30 days after the termination, says Heather Youngman, an associate focusing on civil litigation at the Syracuse office of Albany–based Tully Rinckey PLLC.
The firm’s local office is at 507 Plum St. in Syracuse.
Before the amendment, even if they did accept a severance package, employees were still eligible for unemployment insurance, Youngman says.
“Under the change, if the [New York State] Department of Labor (DOL) determines that an individual has received a severance within 30 days from the end of their employment, and that severance pay is higher than the maximum benefit, which is $405 a week, then the employee can’t collect the unemployment insurance until that severance package is exhausted,” she says.
Companies usually offer severance packages to employees who are under contract or who have worked for a company for a long period of time. The affected workers are usually professional employees or are “higher-skilled” workers, Youngman says.
“We don’t see a lot of minimum-wage workers being offered a severance package,” she says.
When negotiating a severance package, an employee should seek an extension of health-care benefits, Youngman says.
Other terms could include an employer promising to provide a positive job reference as the affected worker seeks new employment, she adds.
An employer also might promise not to contest unemployment-insurance benefit claims, beyond the boundaries of what’s permitted under the new amendment, she says.
The affected employee might also seek a lump-sum severance payment, or a continuation of payment for an extended period of time.
If the affected employee were to accept an immediate lump-sum payment, that person would be ineligible for unemployment insurance for a number of weeks based upon the maximum benefit amount.
The maximum benefit amount is one of the factors that the DOL uses to consider length of ineligibility, Youngman says.
The DOL also considers how much the employee earned per week in making the determination, she adds.
Gov. Andrew Cuomo last March approved this change to the state labor law in the state’s 2013-14 budget.
The amendments are part of an unemployment-benefit overhaul intended to save employers statewide an estimated $400 million over 10 years.
The law’s new provisions, some of which took effect last Oct. 1 and others that went into effect Jan. 1, will save Central New York employers an estimated $16 million over that period, according to a report from the state Department of Labor.
Contact Reinhardt at ereinhardt@cnybj.com
Top Candidates Do Not Equal Top Employees
Your new hire sailed through the interview process. He “wowed” HR, hit it off with the department manager and — based on his stellar résumé — is more than qualified for the position. So why is he failing on the job? It could be because he’s a great interviewee, but not a high performer. In
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Your new hire sailed through the interview process. He “wowed” HR, hit it off with the department manager and — based on his stellar résumé — is more than qualified for the position.
So why is he failing on the job?
It could be because he’s a great interviewee, but not a high performer. In fact, there is very little correlation between a candidate’s interviewing skills and his ability to become an outstanding employee.
Some hiring processes fail at distinguishing between those who interview well and those who will actually perform well on the job. These faulty processes overlook high performers, simply because they don’t interview all that well.
Simply put, top candidates don’t necessarily equal top employees. So how can you tell if your potential new hire actually has the “right stuff” to become a great employee? You need to do these three things:
1. Understand the qualities of someone who interviews well
Good interviewees are: adept at creating a positive first impression, polished and professional in appearance, articulate, enthusiastic, confident, prepared, poised, etc.
2. Understand the qualities of a top performing employee
The traits of a top employee are (in many cases) completely different from the traits of someone who simply interviews well. Top employees are:
§ Extremely competent and highly motivated to do their best work.
§ Effective working with, motivating, and managing other people.
§ Courageous enough to take initiative and implement change.
§ Strong in the face of adversity and tough challenges.
§ Great at problem-solving and decision-making.
§ Committed to goals and deadlines.
§ Full of growth potential.
§ Able to keep their egos in check.
3. Know how to tell the difference
Well-versed interviewees make great presentations, but presentations do not always correlate with top performance.
The reverse is true, too — great employees don’t always interview well. They are usually more discriminating, less eager to please, and unwilling to waste time —characteristics that don’t necessarily make the best first impressions.
So how do you identify top performers, and weed out “wannabes?” Use these tips:
Attract better prospects
§ Never assume that top employees will find you. They already have great jobs. It is highly unlikely that they will be actively looking at the same time you have an opening. You must have the capabilities to locate and engage them.
§ Build your employer brand. It is human nature to want to work at well-known, respected firms. Therefore, if top-performing employees don’t know that you are a well-managed company that’s a great place to work, you will never be considered.
§ Proactively build a pipeline. Top employees usually do not accept job offers out of the blue from strangers. Take the time to develop candidate relationships built on trust and mutual respect. Then, when the opportunity arises, approach them with job possibilities.
§ Make your job descriptions more compelling and do not simply focus on skills. When writing a job description, knowing the requirements — the goals — of the job is important. What are the challenges and hurdles? What does success look like? Top employees become interested in positions because of the work they will do, not because of the absolute and finite skills they possess.
§ Make the application process less tedious. Top employees are busy and have little time (or patience) to undergo an arduous application process. If you make them jump through hoops, they may delay starting the application process or never apply at all.
Improve your evaluation process
§ Hone your interviewing process — and your interviewers’ skills. Asking open-ended questions about experiences and accomplishments does not help gauge a candidate’s track record, depth of experience, job-related competencies, cultural fit, etc. For the most part, these types of questions only assess the candidate’s storytelling abilities.
§ Teach interviewers how to develop behavioral questions that break through a candidate’s interviewing facade and evaluate actual job performance. To lessen the bias caused by first impressions, require interviewers to cite specific candidate statements that back up their evaluations and/or conclusions. Train them to support their ratings with examples — rather than opinions, impressions, or hunches.
§ Be ready to act. Top employees do not stay job candidates for long. If your hiring process is too slow or lengthy, competition can creep in. Interest levels can wane. Impatience can increase. And you may wind up losing candidates.
§ Critically examine your entire process — from the moment a candidate contacts your company through onboarding — identifying and eliminating process bottlenecks that cause delays.
§ Make the initial offer viable. A high performer wants a better job — plain and simple.
And while it’s not the only consideration, the salary you offer is the primary way the candidate evaluates how “great” your job is — and how much you value him as a potential employee. If what you offer is not superior to his current pay, expect him to reject the offer.
The best interviewees don’t always make the best employees. To consistently attract and hire great people, you must learn how to tell the difference between the two. So train your interviewers to evaluate performance — not likeability. Refine your branding and recruiting to attract higher caliber candidates. Streamline your hiring process to keep the best prospects interested in your business. And offer them what they’re worth. Do these things and you’ll hire top employees, every time.
This article was excerpted from the November 2013 issue of the “Staff Matters” e-newsletter, provided by and reprinted with the permission of Liverpool–based CPS & Professionals, Inc.
There was a great running gag on the NBC sitcom “30 Rock,” about a fake TV game show called “Homonym.” The host said a word that has multiple meanings and the contestant tried to guess which definition the host had on his card. No matter which meaning the contestant guessed, the host would always reply,
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There was a great running gag on the NBC sitcom “30 Rock,” about a fake TV game show called “Homonym.” The host said a word that has multiple meanings and the contestant tried to guess which definition the host had on his card. No matter which meaning the contestant guessed, the host would always reply, “No, sorry, it’s the other one.”
So what could this gag have to do with anything relevant to your organization?
It’s a funny but I think useful example of the importance of “sideways thinking.”
It’s human nature for us to have certain patterns of thinking that we repeat. Usually, this is because this way of thinking or problem solving has worked for us before. But then we get to a problem that our usual approach, or the approach everyone else is taking, just won’t work.
Thinking sideways is a discipline in which we broaden our field of vision, looking for alternate routes that might be less traveled, less-familiar, or less-certain, but still lead back towards our goal.
Let me give you a really simple example. Say you need five minutes with a policymaker. You hear about an event she’s attending, and you decide to go and hope to get some time with her. Great idea.
Maybe it worked before when you went to a breakfast meeting with 10 other people. This event, however, has dozens of attendees, all wanting the same thing as you. What do you do?
Think sideways. See the policymaker’s aide sitting at the table looking at his smartphone. Go strike up a conversation with him. You might easily get five minutes of his time. If you handle the conversation correctly, a topic for another column, you might be able to get him to put your issue in front of the policymaker for you. You didn’t shake a politician’s hand, but you just might get her ear.
Let’s wrap up with one action you can take today to start thinking sideways. This might sound like odd business advice, but do crossword puzzles regularly. They stretch your mind to consider alternate solutions to obstacles. Hint: when a clue seems impossible, think homonym.
Are you being heard?
Frank Caliva III is the director of public affairs & strategy development at Strategic Communications, LLC, in its Washington, D.C. office. Strategic Communications, which is based in Syracuse, says it provides trusted counsel for public relations, crisis communications, government relations, and business strategy. Contact Caliva at fcaliva@stratcomllc.com
An updated lesson on what you’re selling
In August 2005, I wrote an op-ed, entitled, “What Are You Selling?” (Subhead: Be like Bob, sell yourself). In the column, I told the story a successful local salesperson, whom I called Bob. The full column is below in italics. Read through it and check back with me on the other side: Here’s a
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In August 2005, I wrote an op-ed, entitled, “What Are You Selling?” (Subhead: Be like Bob, sell yourself). In the column, I told the story a successful local salesperson, whom I called Bob. The full column is below in italics. Read through it and check back with me on the other side:
Here’s a question for those of you who are in sales: What do you feel like you’re selling? Is it your answer that you’re selling a product (a piece of software for example) or a service (like public relations)? Actually, you’re selling the most important product or service in the world — yourself. It’s your knowledge, talent, professionalism, and perhaps most importantly, the connections you have and the people you know.
Before I start to sound too much like Jeffrey Gitomer in his weekly Sales Moves column, let me tell you why I am writing about this topic.
In covering business in Central New York, I’ve encountered a number of successful business owners, managers, and salespeople.
But there is one very successful salesperson, whom I believe has a profound approach — he sells himself. And I think it’s about time I shared with readers some of his innovative, yet simple methods.
I will call him Bob and withhold his real name so as not to sound like I’m advertising his services or products, or letting his competitors and prospects in on his methods.
Bob sells marketing services. But you’ll never hear him say that. He makes appointments for “networking” meetings with prospects — lots of them, probably one or two meetings a day.
And networking is exactly what Bob delivers. He’ll meet with people whom he knows aren’t likely to buy his marketing services, either because they have said they’re not interested or are just starting out in business, or don’t have a big budget. Heck, he’s even met with unemployed people. There’s no one that Bob will write off as being not worth a meeting. His belief is that by helping people to network in the community, obtain important contacts, and find ways of obtaining free attention for their businesses, the people he meets with will call him first when they are ready to market their businesses.
It’s a simple approach that yields results. Bob is successful at it for several reasons (all of which could help you in your business’s sales efforts):
He knows literally everyone in his business community. Years of networking, schmoozing, volunteering in the community, and marketing have honed a huge network of contacts.
Bob listens and asks questions. If the prospect talks about how she is having trouble finding the right house to buy, Bob will instantly chime in with a name of a real-estate agent that he knows can help her. Or maybe the client attended a certain business school and Bob will mention the name of a fellow grad he knows. Bob is always connecting people.
Bob always follows up. You’d think with some of the less-than-ready-to-buy prospects Bob meets, the one meeting would be the end of it. But no, Bob will call back and see how they’re doing. He’ll ask the person whether she’s found that dream house or connected with that acquaintance from college.
Bob is tireless in pursuing new prospects, even during times when he has a full plate of existing clients to service. Again, he’ll meet with anyone, anytime. This helps inoculate him during lean business cycles.
So, be like Bob by aggressively getting out there and selling yourself.
Bob’s story contained interesting and effective lessons for salespeople. And it’s just as relevant today as when I first penned the column. But there is one order of business left incomplete. Who is Bob?
Now, I can finally reveal that. Drum roll please … Bob is none other than Bernie Bregman, who is retiring after more than 25 year with The Business Journal. But being the hard charger he is, Bernie is not stopping work altogether. He will still be involved in some interesting initiatives. Stay tuned.
Congratulations and best of luck, Bob … er, Bernie!
Adam Rombel is editor-in-chief of The Central New York Business Journal. Contact him at arombel@cnybj.com
Tax exemptions for military, locally grown produce among new bills signed into law
New York Governor Cuomo recently signed a number of bills into law. One new law that I sponsored will enable military to receive sales-tax exemptions on vehicles purchased out of state. Another will increase purchasing of locally grown produce in hospitals, prisons, and other state-run facilities. Military tax exemption A.6223 exempts members of the military upon
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New York Governor Cuomo recently signed a number of bills into law. One new law that I sponsored will enable military to receive sales-tax exemptions on vehicles purchased out of state. Another will increase purchasing of locally grown produce in hospitals, prisons, and other state-run facilities.
Military tax exemption
A.6223 exempts members of the military upon returning to New York from having to pay New York sales tax on vehicles that they purchased while stationed in another state — provided that they paid sales tax in the other state. The law became effective immediately. I was pleased to co-sponsor this measure in the Assembly.
New York residents who purchase a vehicle outside of New York state are required to pay sales tax upon registering the vehicle. For those who served in the military, this proved problematic. Military service members often keep their residency and driver’s license in their home state while serving because they intend to return to their home state someday. Unfortunately, in doing so, if a service member kept his New York residency and purchased a vehicle while stationed in another state, he would be obligated to pay New York’s sales tax on that vehicle upon returning to New York — even if he paid sales tax in another state. This meant a veteran returning to New York state may have had to pay sales tax on his vehicle twice. The new law prevents this.
NY farm produce to increase at state-run facilities
I was pleased to support A.5102 in the Assembly, which supports local agriculture. This law requires hospitals, prisons, and other state agencies to buy more local produce. It requires the state to put in place better purchasing and tracking systems to make this possible. The law already favored that state agencies purchase locally produced food, but this new law gets more specific on purchasing systems and reporting those purchases.
It authorizes the Commissioners of General Services and Ag and Markets to develop regulations to “establish guidelines to increase purchases of New York food products; publish the guidelines on the Office of General Services website; and provide for monitoring and implementation …” It also requires annual reports be made to the state legislature and the governor so the public can better track these purchases.
William (Will) A. Barclay is the Republican representative of the 120th New York Assembly District, which encompasses most of Oswego County, including the cities of Oswego and Fulton, as well as the town of Lysander in Onondaga County and town of Ellisburg in Jefferson County. Contact him at barclaw@assembly.state.ny.us, or (315) 598-5185.
Schneiderman announces $2.5 million settlement with HCR Home Care
ROCHESTER — New York Attorney General Eric Schneiderman on Thursday announced a $2.5 million settlement with Rochester–based Home Care of Rochester (HCR), resolving an investigation
St. Elizabeth, Faxton St. Luke’s get grants for affiliation process
UTICA — St. Elizabeth Medical Center (SEMC) and Faxton St. Luke’s Healthcare (FSLH) will use separate $50,000 grants to help pay for legal and consultant
Elmira Savings Bank finishes paying back the federal government
ELMIRA — Elmira Savings Bank (NASDAQ: ESBK) announced this week it has repaid the final $3.5 million segment of the $14 million it received from
St. Lawrence University will use $160K Alden grant for technology improvements
CANTON — St. Lawrence University will use a grant award of $160,000 to equip seven study rooms in its Owen D. Young (ODY) Library with
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