Employment Law Today Masthead
Brought to you by AHI's Employment Law Resource Center — www.ahipubs.com

September 7 , 2005 — Volume 7, Number 12

AHI's Believe It Or Not
Many lawsuits today are filed in gray areas. Then there are those that are distinctly black and white. A nationwide meat processor has been slapped with a race discrimination lawsuit for allegedly allowing a "whites only" sign to be hung on a restroom at one of its facilities. But it gets worse, if that's possible. The lawsuit claims that when black employees complained, they were subject to suspensions and disciplinary write-ups. And there's more. In a related suit, other black co-workers charge that they were subject to a racially hostile work environment, as epitomized by the fact that a new break room contained locked cabinets and a locked refrigerator to which only white employees were given keys.


IN THIS ISSUE:

1. Feature Story: HSA Utilization On The Rise: Are You Ready?

2. Flattery Gets You Nowhere...Except Maybe A Courtroom

3. HR Soapbox: No Computers Were Harmed In The Writing Of This Article


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1. FEATURE STORY:
HSA UTILIZATION ON THE RISE: ARE YOU READY?

According to America's Health Insurance Plans, a national trade association comprised of health insurers, enrollment in health savings accounts (HSAs) reached one million earlier this year. That number will increase considerably in 2006, says a survey by Mellon Human Resources & Investor Solutions.

The Mellon Human Resources & Investor Solutions survey polled more than 360 employers with an average of 9,000 employees per organization.

Key findings:

  • 32% of employers said they plan to offer HSAs next year (only 7% surveyed currently do).
  • An average of 16% of employees are enrolled in HSAs, but employers hope to reach an average of 24% enrollment.
  • 66% of employers plan to contribute to employee accounts.

IRS Guidance

As HSAs become a fact of life in more and more workplaces, staying on top of Internal Revenue Service (IRS) rulings on HSA eligibility is essential.

In one of its more recent rulings, the IRS declared that an employee/spouse with access to an HSA can take self-only coverage or cover some or all dependents and remain eligible for the HSA, provided his/her spouse is covered under another plan.

Generally speaking, to be eligible for HSA coverage, families can't be covered under any other plan that's not a high-deductible health plan. In its ruling, however, the IRS allows spouses to separate their coverage and allot coverage of dependents between them. Any combination is okay, as long as the spouse with the non-HSA coverage is excluded from the HSA-eligible spouse's plan.

So the HSA-eligible spouse can elect self-only coverage; family coverage for one dependent while other dependents are covered by the other spouse's health plan; or family coverage for all dependents, except the spouse.

"Health Savings Accounts: Are They Right For Your Organization?"

September 21, 2005
1:00 PM Eastern

Register Today

Attend this conference to find out exactly how health savings accounts (HSAs) can reduce your health care premiums.

Our experts will focus on the strategies, tax rules, and legal issues that employers need to consider before jumping into the world of HSAs, such as:

  • What are considered comparable contributions under the IRS's August 26, 2005 proposed regs?
  • What is the employer's end-game strategy for HSAs?
  • What about FSAs and HRAs — how do they fit in?
  • To what level should the employer fund the HSA?
  • Which HSA should be used?

Bonus: Registrants will receive the opportunity to have their health care plan designs reviewed by our plan design specialist, Mark Lam. (Prior to the conference, registrants will receive an e-mail opportunity to submit a summary of their health care benefits for Mr. Lam's analysis.)

Don't miss this opportunity to start saving your organization thousands of dollars in insurance premiums. Register today for only $179 per location.

2.

FLATTERY GETS YOU NOWHERE...EXCEPT MAYBE A COURTROOM

Conventional and legal wisdom tells managers to refrain from making jokes or disparaging remarks about older employees' ages. But what about remarks that are complimentary to the older worker? Read on to find out how seemingly positive comments can...View the full story on our website.

FREE REPORT OF THE MONTH:

Check out the new Free Report, "Do Your Sexual Harassment Efforts Pass Muster?," which provides you with the guidelines you need to prevent, stop, and respond appropriately to sexual harassment in the workplace. You get information on avoiding liability, writing a sexual harassment policy, formulating a complaint procedure, investigating a claim, and preventing retaliation.

3.
HR SOAPBOX: NO COMPUTERS WERE HARMED IN THE WRITING OF THIS ARTICLE

Kick back, relax, and take a few minutes to check out the HR Soapbox, "No Computers Were Harmed In The Writing Of This Article," in which one editor discusses her rage against the machine.

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

The Complete Policy Handbook1.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

Controlling Absenteeism Through Paid Time Off And Other Proven Programs2.
Controlling Absenteeism Through Paid Time Off And Other Proven Programs

Gives you a blueprint for controlling absenteeism and avoiding the legal, morale, and discipline problems it fosters. This report focuses on the fastest-growing strategy — paid time off (PTO) programs — and then covers the entire gamut of absenteeism problems and solutions you're faced with every day, from legal techniques to policy language.

Workplace Compliance Training Series 3.
Workplace Compliance Training Series

This training program is simple to employ and gives you every tool you need to customize training to your organization's specific needs. The series includes six stand-alone modules: Avoiding Hiring Mistakes; Conducting Successful Performance Appraisals; Eliminating Disability Discrimination; Improving Workplace Discipline Practices; Preventing Sexual Harassment; and Strengthening Workplace Diversity.

Employer's Guide To Record-Keeping Requirements4.
Employer's Guide To Record-Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

Complete Personnel Documentation Library5.

Complete Personnel
Documentation Library

Gives you a complete collection of Human Resources department documents for every situation... customizable with the click of your mouse. We have designed all the forms based on legal specifications to protect you and your organization from costly fines and lawsuits.

Copyright © 2005 by Alexander Hamilton Institute, Inc.
Employment Law Resource Center at www.ahipubs.com
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