Human Resources

ACA Pay or Play – Beyond the Look-Back Measurement Period

Most large employers subject to the pay or play penalty under the Affordable Care Act (ACA) have established look-back measurement periods and stability periods to determine which employees must be treated as full-time and offered group health coverage to avoid the penalty.

The look-back measurement period is by no means the end of the story when it comes to the pay or play. There are two important remaining pieces to the puzzle in order to address compliance.

Keep Your Medical and Drug Testing Forms Separate

You cannot ask any medically-related questions on a job application or during a pre-job offer interview. You can only inquire about medical, worker’s comp, and drug testing issues AFTER a job offer is made; this is normally a conditional job offer.

Once the employee is on board, medical and drug questions and tests can be addressed. Be sure to keep that information in a separate file – in a separate location – apart from the general personnel file. Check with your legal counsel to ensure compliance on this and other issues.

Pre-Employment Screening: Avoiding Traps and Lawsuits

Hiring new employees is more difficult today than it has ever been before. The pervasive nature of social media, the legalized use of previously-illegal drugs, and increased concern for protecting individual and company confidences all pose potential barriers in making hiring decisions. Employers of all sizes are well-advised to implement legal pre-employment screening measures before hiring the wrong person for the job.  

Michigan law permits employers to implement several types of pre-employment screens. Employers can:

Operate in Multiple States? Careful When Using Criminal Record Information

We have one big country, but there are 50 states, over 3000 counties/parishes, and thousands and thousands of cities and towns. They all have their own laws and regulations on a variety of things, including the use of criminal records when making hiring decisions.

How an Unemployment Hearing is Conducted

The Administrative Law Judge sits at a desk, and the parties, their witnesses and representatives sit at a table usually set up in front of the Administrative Law Judge’s desk. The Administrative Law Judge will direct the parties and witnesses where to sit. The Administrative Law Judge begins by introducing him or herself by name, and makes sure he or she has the names of all the parties, witnesses, representatives, and attorneys. Hearings are tape recorded.

Three Keys to Conducting Effective Performance Reviews

Ongoing communication with employees is a cornerstone of peak performance, but it often falls short when put into practice. Performance reviews provide necessary feedback to staff, but are only effective if done properly, which means:

  • the reviews must be consistently administered;
  • the measured performance objectives must be job-related;
  • and the feedback given must be honest and specific.

To help your evaluations rise to the occasion, focus on these three things: