The Wisconsin Department of Workforce Development just released February unemployment numbers and the results aren’t surprising area employers: The State’s unemployment rate has declined to 3.7%, the lowest since 2000. Pick up an issue of any business-focused magazine, HR-related journal or Google “how to find and keep employees” and you’ll see article after article about the talent shortage. While finding new talent is part of the challenge, keeping that talent is equally as difficult. While employee recruitment and retention is a huge challenge for employers, it’s a huge opportunity for job seekers.
Employees are no longer lured to a company just by a decent salary and benefit packages. This generation of our workforce has different ideas and the current employment market is only adding to their cause. Companies are offering things like unlimited vacation time, flexible work schedules, paid volunteer time and employee wellness programs. Employers are getting creative, doing things like providing free lunches and breakfasts and offering family friendly policies that employees are encouraged to take advantage of. Some are even allowing employees to bring their pets to work. Today’s employers have had to get creative.
This work environment has made us pause and take note and we wonder, what is your company doing about the talent shortage? What types of recruitment programs and employment offerings would you consider if it helped you find workers and talent in Southeastern Wisconsin? What type of creative benefits is your company offering?
Sound off! We want to hear from you! Let’s get the dialogue going!
An award-winning staffing expert in Southeastern Wisconsin in manufacturing, clerical, professional and light industrial placements, Nissen Staffing Continuum is proud of our commitment to capitalize on every employee’s strengths. As your strategic partner, we’ll help you take your staffing initiatives to the next level, whether it’s onsite programs, direct hire placement, temp-to-hire programs or temporary staffing with our team of recruiters that are supported by a full-time sourcing department. For more information about how we can help you find great employees, contact us today and allow us to help you with your HR needs so you can focus on your company’s success!
On Wednesday, January 11th, 55 members of the Waukesha Area Safety Council gathered for their monthly meeting. The group welcomed Attorney Charles Palmer from the law firm of Michael Best & Frederich, who discussed updates to Wisconsin’s Worker’s Compensation Laws that were passed by the State legislature earlier this year. The lunch and learn format lent itself to a succinct presentation and opportunities for questions. Attorney Palmer reiterated the importance of these laws and their need to balance the interest of both Labor and Management.
Specifically, three major changes to these laws impact Human Resources & Safety Professionals and how they should handle specific worker’s comp situations. The areas impacted by the changes include:
- Violations to the Drug and Alcohol Policies
- Misconduct or Substantial Fault
- Pre-Existing Conditions
Violations to the Drug and Alcohol Policies
Under the changed laws, if any employee violates an employer’s policy against drug and alcohol use AND the violation causes the employee’s injury, THEN the employee nor the employee’s dependents may receive any compensation under law, including no benefits for temporary or permanent disability. (This had previously read that they would receive a 15% reduction in benefits). In order to make the law work effectively, Attorney Palmer suggested that employers need to make sure that their policies are clear, that they can prove the injury was caused by a violation of the policy and that documentation is done correctly. He also suggested that an employee’s behavior prior to and after the injury should be clearly documented, as well as having adequate documentation that the employee was aware of and had received written documentation of the policy. Finally, he encouraged that all employers make sure their policies are clear and up to date, including verbiage concerning illegal and legal (over the counter and prescription) drugs.
Misconduct or Substantial Fault
Under the changed laws, any injured employee could be denied temporary disability benefits if they’ve been suspended or terminated due to their own misconduct or substantial fault. (Previously, a terminated employee would be paid disability while not working until end of healing.) If an employee is suspended or terminated for safety violations, ignoring employer directives or has a post-accident positive drug test, the employer may deny him/her benefits. Attorney Palmer encouraged members to be sure that their disciplinary rules and procedures are up to date, and enforced consistently – do not discipline or terminate only the employee who is injured, while not applying the same discipline to those who commit the same violation without being injured.
Under the new rule, an employer may submit evidence that an employee’s permanent disability was only partially caused by an injury sustained at work. Old laws held an employer responsible for an employee’s full disability, even if they had a pre-existing condition related to the new injury. So long as the pre-existing injury was aggravated beyond normal progression, the law had held the employer fully responsible. Under the new law, in order to separate the pre-existing disability from the disability caused by the current job, a doctor must determine the percent of disability assigned to each. Again, Atty. Palmer encouraged employers to work with their insurers to make sure that documentation is clear, and supplied to the doctor including: prior work history and medical records, specifics of the current injury claim, witness statements regarding the current claim, details of the current job, and other information that will allow the doctor to compare the level of exposure in the current job, to past exposure, and compare the pre-existing medical information to the current medical information.
An award-winning staffing expert in Southeastern Wisconsin in manufacturing, clerical, professional and light industrial placements, Nissen Staffing Continuum is proud of our commitment to safety. We maintain an active role as the Outreach Coordinators on the Waukesha Area Safety Council and welcome the opportunity to learn from the great speakers that present to the organization. As your strategic partner, we’ll help you take your staffing initiatives to the next level, whether it’s onsite programs, direct hire placement, temp-to-hire programs or temporary staffing. Our recruiters are supported by a full-time sourcing department dedicated to finding great employees for our clients. For more information about how we can help you find great employees, contact us today and allow us to help you with your HR needs so you can focus on your company’s success!
DISCLAIMER: This article is meant to be a brief summary of the major points covered in the meeting presentation and is not meant to provide legal and/or medical advice. As always, we suggest you consult with your medical or legal professional when dealing with any workplace injury or worker’s compensation issue. Don’t have legal representation and need to retain an expert? Atty Charles Palmer (Michael Best & Frederich) can be reached by email at firstname.lastname@example.org.
Interested in joining the Waukesha Area Safety Council and taking advantage of learning from our great speakers, while networking with other HR and Safety Professionals? Please contact Jean at Jean@nissenstaffing.com for more information!
On January 1, 2015, the EmployER Mandate of the Affordable Care Act (ACA) goes into effect. Companies with more than 50 employees will be in “Pay-or-Play” mode, including staffing firms providing large contingent workforces to businesses.
Employers who utilize temporary employees from staffing firms need to be aware of which mode “Pay” or “Play” their staffing firm(s) is/are choosing in 2015. Compliance within the staffing industry varies because of the many types and sizes of staffing firms and the options each of these firms need to consider when dealing with the ACA rules and regulations. The ACA requires extensive tracking and documentation, and creates unprecedented administrative issues.
Staffing firms choosing to “play,” such as Nissen Staffing Continuum, will be offering “low option cost for employee” health insurance coverage required by the government as a safeguard and for the benefit of all parties involved, including:
- Retention benefit for temporary employees. Health insurance coverage is another employment benefit for temporary employees, giving businesses relying on a flexible workforce a stable, consistent group of employees.
- Administrative support and documentation. Staffing firms choosing to “play” are employing new tools for tracking, administration and documentation advantageous for the employee, business and staffing firm. For businesses utilizing a contingent workforce, all necessary paperwork for future audits and proof of compliance is accessible because of the firm’s due diligence.
- Protection from common law employer clause. One challenging issue for businesses and staffing firms is the common law employer clause of the ACA, a generalized set of rules detailing how to determine who is required to offer health care insurance to the employee. According to Erinn Stromberg, Operations Manager at Nissen Staffing Continuum, “Nissen Staffing Continuum will be taking every step to protect our clients from the common law clause by adding new provisions into our terms of business (client agreement) that will satisfy this regulation.” ACA-compliant firms will have provisions and documentation protecting their clients from liabilities that could arise over the common law employer clause.
As a business, knowing whether your preferred staffing firm will “play or pay” in 2015 is essential for every employer utilizing a contingent workforce to meet their staffing needs. Partnering with a staffing company not in the “play” mode and not taking the necessary precautions to protect you from the Common Law Employer clause can leave your business open to unprecedented consequences and penalties that come with this new legislation—and your business will be the one to pay.