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Phase 2 – Workforce Compliance Update and Employer Strategy · 10/06/2020 · Compliance Update...
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Phase 2 – Workforce Compliance Update and Employer Strategy For South Sound Business Leaders June 10, 2020
Transcript of Phase 2 – Workforce Compliance Update and Employer Strategy · 10/06/2020 · Compliance Update...
Phase 2 – Workforce Compliance Update and Employer StrategyFor South Sound Business Leaders
June 10, 2020
Today’s Conversation
► Strategy First: During COVID and Beyond
► Phase II WA Employee Benefit Considerations
► Q&A
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Today’s Panelists
► Thomas Showalter, HR Services Director, Alera ConnectHR
► Bob Bentley, Compliance Consultant, Alera West Region
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Crafting Your Employer Strategy
GAIN & MAINTAIN FAMILIARITY
WITH...
► National trends & regulations
► Washington trends & regulations
► County/municipal trends &
regulations
STEP 1: GET YOUR BEARINGS
Community & Regulatory Landscape
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► Landscape shifts daily
► Go to the source data:
Washington
https://coronavirus.wa.gov/information-
for/business
Tacoma-Pierce County
https://www.tpchd.org/healthy-people/human-
coronavirus
U.S.
https://www.cdc.gov/coronavirus/2019-ncov/
STEP 1: GET YOUR BEARINGS
Community & Regulatory Landscape
More...
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Source: CDC
STEP 2: ASSESS YOUR BUSINESS
Employees, Customers, Suppliers…
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► What’s Working Well?
► What’s Not?
► What Must I Do?
► What Should I Do?
► What Can/Can’t I Do?
► What Are My Objectives?
► What Stands In My Way?
STEP 2: ASSESS YOUR BUSINESS
Impact (so far…) Varies (a lot) by
Business
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Negative Impact Neutral Impact Positive Impact
► Operations discontinued/limited
► Revenue down/gone
► Business could not/did not adapt
► Employees furloughed/laid off/quit
► Business recovery uncertain
► “Reopening” critical/existential for
short-term survival, adaptation for
long-term survival
► Operations continued
► Revenue stable
► Business adapted
► Employees working
► Business surviving, not thriving
► Ongoing adaptation critical to weather
the “second wave” (aka recession)
► Operations stepped up for demand
► Revenue increased
► Business adapted
► Employees working, hiring
► Business thriving
► Adaptation critical to protect gains,
weather the second wave
STEP 3: THINK FORWARD
The Road To Economic Recovery Is Unchartered Territory
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2.) Hockey Stick
Quick return to “normal”
Assumes
vaccine/treatment/miracle
Assumes business/consumer
super resiliency
1.) Slow & Steady
Slow, measured recovery
Assumes outbreak is
contained/managed
Assumes business/consumer resiliency
3.) Multi-variant Tracks
Stuttering, varied, long-term
recovery by location, industry
Assumes outbreak progress &
setbacks Assumes varied
consumer/business resiliency
Most likely?
STEP 4: WEIGHT BENEFITS, COSTS,
RISKS OF DIFFERENT OPTIONS
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Benefits Costs Risks
1. Think Forward vs. Back To [Normal, Work…)
2. Differentiate Can’s, Must’s, and Should’s
3. Adapt Beyond Survive to Thrive
STEP 5: CRAFT YOUR
DURING/POST COVID STRATEGY
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STEP 5a: WORKFORCE STRATEGY
CONSIDERATIONS
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TALENT STRATEGY
Employee/Candidate Perspective Policies & Compliance
Employer Brand Employee & Supervisor Training
Remote/On-site Worker Ratio Communications
Productivity/Management Equipment & Technology
Culture/Engagement
WORKSITE STRATEGY
Facility Size & Layout
Screening, Testing, Responding
Equipment & Technology
Site/Human Hygiene
Policies & Compliance
Create a Playbook to Execute Strategy
► Many organizations were thrust into
remote work unprepared and
rushed to equip their workforce
► It’s likely to be part of many
organizations’ workforce strategy
during and after COVID
► Consider training for your
supervisors and remote workers
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Creating Your Playbook: HR Considerations
Remote Worker Considerations: Training
Creating Your Playbook: HR Considerations
Execute Your Strategy & Preempt Questions
► Can we require people to return?
► Can we test employees and/or take
temperatures?
► What do we do if they refuse?
► Is the organization liable in the case of illness,
death breakout?
► Can we ask employee health-related questions?
► What if our employees work in another
workplace (clients)?
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Compliance Concerns
► FFCRA: Families First Coronavirus Response Act – Emergency Paid Sick Leave and Emergency Paid Family Leave
► CARES: Coronavirus Aid, Relief, and Economic Security Act – Telehealth, OTC Drugs & COVID-19 Testing
► EBSA: Employee Benefits Security Administration – branch of DOL with oversight authority over health and welfare
plans
► EBSA Disaster Relief Notice 2020-01 eases the burden for health and welfare plans (and retirement plans) to provide
notices and disclosures required under ERISA and the Internal Revenue Code by clarifying that:
► Neither the plan nor the employer will violate ERISA for failing to timely furnish a notice, disclosure, or document
that must be furnished between March 1, 2020, and 60 days after the announced end of the COVID-19 National
Emergency
► This timeframe is referred to as the “outbreak period” – if Emergency ends 6/30, Outbreak ends 8/29
► Relief extends to SPDs, SMMs, SBCs, but use caution – employers must act in good faith and furnish docs as soon as
reasonably practicable
Returning to Work – Benefit Plan Considerations
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► DOL & IRS: Final Rule Put a Hold On Deadlines, Restart 60 Days After the Emergency Ends
► 30 Day Special Enrollment Period (birth, marriage adoption / 60 Day Medicaid & CHIP Enrollment
► 60 Day COBRA Election Period
► Deadline for making COBRA Premium Payments (normally 30 Days)
► Deadlines for submitting benefit claims, appeals, and external claims reviews
► IRS Notices 2020-29 and 2020-33 allow employers to amend Section 125 plans to allow:
► An increase in the carryover from $500 to $550 on Health Care FSAs
► Employees to make mid-year changes in Health Care and Dependent Care FSAs
► Employees make mid-year election benefit plan changes
► Extended time periods to incur claims
► Dental and Vision carriers providing rebates, premium credits or lower renewal increases
► Treat these like an ACA Medical Loss Ratio rebate
► Look at plan document to see if rebates/credits must be proportionally shared with employees
► PCORI Fee Due 7/31/2020, Status of Form 720
Returning to Work – Benefit Plan Considerations – 2
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Q&A
Need help?
We can help shape your strategy and playbook while
also providing hands-on support to execute.
Wilson Albers Comprehensive Employer Services
► Employee Benefits Services
► Human Resource Services
► Retirement Plan and Wealth Management Services
► Property & Casualty
Get in touch with us at [email protected] for
more information.
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If you have additional questions:
Thomas Showalter – [email protected]
Bob Bentley – [email protected]
Allyson Thomas – [email protected]
Joey Mertlich – [email protected]
