HRFocusHUMAN CAPITAL PRACTICE

May 2012 — Issue 59

HHRR CCOORRNNEERR10 TIPS TO AVOID A DOL WAGE & HOUR INVESTIGATIONKnock, knock … Surprise! Believe it or not, the federal Department of Labor (DOL) does not require an investigator to previouslyannounce the scheduling of a wage & hour investigation. Theinvestigator has sufficient latitude to initiate unannounced wage &hour investigations, in many cases, in order to directly observenormal business operations and quickly develop factual information.The following are some strategies to prevent this knock fromsounding at your company’s front door!

AVOID UNFAIR COMPENSATION PRACTICESMake sure employees are compensated in a consistent manner. If anemployer’s pay practices are consistent, complaints are less likely toarise, and the employer will be in a better situation if DOL doeslaunch a wage & hour investigation.

UNDERSTAND THE REGULATIONS It is important that employers take the time and make a concertedeffort to understand and familiarize themselves with the Fair LaborStandards Act (FLSA). It is the law, and if employers fail to follow thelaw they may face litigation or a DOL audit.

TRAININGTrain managers so they are fluent in the language of the FLSA.

ANALYZE STATE VERSUS FEDERAL LAW Determine whether the state’s wage & hour laws conflict with federallaw, then follow the law that is most beneficial to the employee.

PAY PAST OVERTIME DUE If it is determined that an employee is wrongly classified as exempt,the employer should determine how many overtime hours theemployee has worked in the past 2 years, then pay the employee theovertime due. The employer should also have the employee sign arelease to free the employer from further liability. Paying pastovertime due to employees now will be far less expensive than payingthem in a DOL settlement.

FOLLOW CHILD LABOR LAWSEmployers must determine a minor’s age and set his or her job dutiesand work schedules accordingly and carefully. Also, employers must

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TABLE OF CONTENTS

HR CORNER

10 Tips To Avoid A DOL Wage & Hour Investigation 1

HR Metrics: 10 Ways To Assess Strategic Business Context Of Your Organization 2

LEGAL & COMPLIANCE

ERRP Funds Exhausted 3

FAQS On How HHS Will Define Essential Health Benefits 4

Maryland Allows Same-Sex Marriage 5

San Francisco: HCSO Annual Reporting Form Now Available 6

CHIP Model Notice Revised 6

SINCE YOU ASKED

HSA Contribution Limits: Account Holders, Spouses And Adult, Non-Dependent Children 7

WELLNESS

Assessing The Health Of Your Population 9

WEBCASTS 11

CONTACTS 12

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file the minor employee’s age certificate, keeping it for aslong as the minor is employed.

PAY YOUR INTERNS, UNLESS THEY MEET A STRICT TESTInternships in the for-profit, private sector will most oftenbe viewed as employment by the DOL, unless a strict test ismet. Interns who qualify as employees rather than traineestypically must be paid at least the minimum wage andovertime compensation for hours worked over 40 in aworkweek.

RESPOND TO INTERNAL COMPLAINTS EXPEDITIOUSLYIf an employee files a wage & hour complaint internally, theemployer should take it seriously. Since manyinvestigations are prompted by an employee’s complaint,employers might be able to prevent an investigation byaddressing an employee’s initial internal complaint.

SEEK COMPLIANCE ASSISTANCE FROM DOLVarious compliance tools and information are available onDOL's website.

CONDUCT A SELF-AUDITEmployers can hire attorneys to audit their companies—orthey can do it themselves before DOL initiates aninvestigation. Conducting a self-audit helps ensurecompliance with federal and state laws. As part of an audit,employers should:

� Review job descriptions to determine whether they arestill accurate, reflect the jobs being performed, andreflect the skills necessary to perform the job.

� Review employees’ actual job duties to ensure that theystill fall within the administrative, executive,professional, computer, or outside sales exemptions.

� Make sure overtime for nonexempt employees hasbeen properly calculated

� Make sure the required posters have been hung in theappropriate places in the workplace.

DOL investigators look for complete, accurate, andunambiguous pay records for every employee for each payperiod from the past 3 years. As a result, it is imperativethat employers strive to keep accurate, well-organized wage& hour records that can be produced quickly. If violationsare found, the employer may owe back pay, face penalties,and be advised by DOL to make changes in employmentpractices in order to avoid future violations.

This article provided by BLR.

HR METRICS: 10 WAYS TO ASSESS STRATEGICBUSINESS CONTEXT OFYOUR ORGANIZATIONHR metrics are the key for HR professionals to beactive participants in a business’ strategic decisions.HR metrics provide the means for HR professionalsto communicate with management. However,typically, busy HR leaders can spend only 10 percent oftheir time at the strategic level, and only 2 in 10 have aprocess in place for measuring the businessperformance of employees. These numbers indicatethat success is not being measured as well as it shouldbe, which can ultimately keep HR from being the keycontributor to organizational success that it could be. In a BLR webinar titled “HR Metrics: How to Measureand Communicate Your Strategic Value in Bottom-Line Terms,” Ronald Adler and Jennifer Burdickoutlined how the use of HR metrics allows HRprofessionals to tell their story effectively.

HR METRICS: TELLING YOUR STORYHR Metrics are about telling a story about yourorganization. Like other stories, your story:

� Must have context� Should consider historical information (lagging

indicators) � Should report current information (coincident

indicators) � Should indicate possible future events (leading

indicators and predictive analytics) � Should consider its audience (there is a growing

list of internal and external stakeholders and usersof HR metrics)

� Should engage the audience and motivate action

What stories do your metrics tell about yourorganization’s human capital and HR management?Are your executives listening?

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HR METRICS: STRATEGIC BUSINESS CONTEXTThe starting point in developing the right metrics to effectively tell your story is to fully understandthe strategic business context you’re working in. Here are 10 areas to assess in order to understandthe strategic business context of your organization:

� How does your organization produce revenue? � How does human resources add value to your organization? � Are HR activities and employment practices aligned with your organization’s strategic and

business goals and objectives? How do human resources impact these objectives? � What are your organization’s key business measurements and metrics currently? How does your

organization measure success? What’s on your organization’s scorecard? Adler noted that this isa starting point for your whole discussion.

� How do human resources impact your organization’s key business measurements and metrics? � What are your organization’s business imperatives, i.e., what distinguishes your organization in

the marketplace? How do HR activities and employment practices impact these imperatives? � What are your organization’s risks and opportunities? How do HR activities and employment

practices impact these risks? � What decisions do you want to influence? � Can you connect the dots between the metric and decision making? � What happens if your organization misses the target?

By understanding these 10 areas, you can begin to best understand what HR metrics will be mostuseful to develop and which will best tell your story to the organization’s leaders.

This article provided by BLR.

LEGAL & COMPLIANCEERRP FUNDS EXHAUSTEDOn February 17, 2012, the Early Retiree Reinsurance Program (ERRP) announced that requests forreimbursement had exceeded the $5 billion funding allocated to the program. Reimbursementrequests which exceed the program's $5 billion will now be held in the order of receipt, pending theavailability of funds. Plan sponsors with reimbursement requests on hold can expect to receive anemail notifying them that their reimbursement requests have been placed on hold pending theavailability of funds. Plan sponsors who have received such an email can call the ERRP ContactCenter to obtain updated information on the position of the reimbursement request in the list of heldreimbursement requests.

The Centers for Medicare & Medicaid Services (CMS) has indicated it will continue to payreimbursement requests in the order received until available funds are exhausted. If there are notsufficient funds to pay in its entirety the first reimbursement request that causes the initialexhaustion of the funds available for payment, CMS will partially honor that reimbursement request,and will pay the balance of that reimbursement request if additional funds become available throughoverpayment recoupment efforts. In the event that funds become available as a result of overpaymentcollections, CMS will pay subsequent reimbursement requests in the order of receipt until funds areonce again exhausted.

Related to ongoing ERRP requirements, CMS has announced its expectation that plan sponsors willuse ERRP reimbursement funds they have received, or will receive, as soon as possible, but in no caselater than December 31, 2014. Plan sponsors can view the Common Question on this topic, 800-13,which is posted in the "Use of Reimbursement" section of the Common Questions on www.errp.gov.

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BACKGROUNDThe ERRP was established by the health care reform law with appropriated funding of $5billion. It became effective June 1, 2010. The program provides reimbursement to plansponsors of participating employment-based plans for a portion of the cost of healthbenefits for early retirees and their spouses, surviving spouses and dependents. In order toobtain reimbursement under the ERRP, plan sponsors had to first submit a completedapplication to the Department of Health and Human Services (HHS) and be accepted intothe program. HHS began accepting ERRP applications on June 29, 2010 but stoppedaccepting them in May 2011. The program was slated to end no later than January 1, 2014,but HHS had the authority to stop taking ERRP applications based on the availability offunding.

Once a plan sponsor’s ERRP application was accepted, the plan sponsor could submitdocumentation of actual costs for early retiree health care benefits and receivereimbursement from the ERRP. Claim reimbursements began in October 2010. InDecember 2011, ERRP announced that reimbursements would be unavailable for claimsincurred after December 31, 2011.

For more information on the ERRP, see Willis Human Capital Practice Alert, Vol. 3, No. 7,“It’s a Start: Guidance on the Early Retiree Reinsurance Program.”

FAQS ON HOW HHS WILL DEFINE ESSENTIALHEALTH BENEFITSThe Department of Health and Human Services (HHS) has added a set of FAQs to itsprevious releases on the approach it intends to follow in defining “essential health benefits”(EHB).

NOTE: The health care reform law directs the relevant agencies to define EHB so that a planproviding EHB will be similar in scope to typical employer-provided health benefits and willinclude coverage in 10 broad categories of health care. HHS has indicated that it intends toissue regulations under which each state chooses a benchmark plan from among severaloptions and then determines what must be added so that the resulting plan providescoverage of all 10 categories of health care that the statute specifies for EHB. This meansthat there will be multiple state-specific definitions of EHB, rather than a single definition.

The new FAQs primarily provide details on how HHS will work with states to define EHB.They also include, however, information on how an employer would use the EHB definition incomplying with the lifetime and annual dollar limits provisions of the health care reform law.

WHY THE EHB DEFINITION MATTERS TO EMPLOYERS SPONSORING HEALTH PLANSEmployers generally are not responsible for ensuring that their group health plans provideEHB. Insurers may be required, however, to ensure that the group policies they sell toemployers in the small group market or through an insurance exchange provide EHB. Self-insured, grandfathered and large-market insured group health plans are not required toprovide EHB at all.

NOTE: The significance of the term essential health benefits (as well as the confusinglysimilar term “minimum essential coverage”) is discussed in Willis Human Capital PracticeAlert, July 2011, “Looking Ahead – Compliance After 2011.”

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Employers are responsible for ensuring that the group health plans they sponsor –whether insured, self-insured, grandfathered or non-grandfathered – comply with thehealth care reform law’s provisions regarding annual and lifetime dollar limits. (Thereare several types of excepted benefits programs which need not comply, as explained inWillis Human Capital Practice Alert, July 2011, “Looking Ahead – Compliance After2011.”) The annual and lifetime dollar limits provisions apply only with respect to EHB– they do not limit plans’ ability to impose dollar limits on non-EHB.

FAQS ADDRESS COMPLIANCE WITH LIFETIME AND ANNUAL LIMITS PROVISIONSThe provisions regarding lifetime and annual dollar limits on EHB are currently ineffect, but one of the open questions about them has been which of the benefits a planoffers is non-EHB which may be subject to such limits. See Willis Human CapitalPractice Alert, July 2010, “Patient’s Bill of Rights Guidance Issued.” The enforcingagencies have said that they will take into account good faith efforts to comply with areasonable interpretation of EHB until regulations defining the term are finalized. Withspecifics on exactly which benefits are EHB lacking, however, most employers havesimply not applied lifetime or annual dollar limits to any benefits. Multi-stateemployers were particularly disappointed when previous HHS releases indicated thatregulations will allow each state to define EHB for itself.

The new FAQs provide some details on the meaning of EHB for purposes of the annualand lifetime dollar limits provisions, at least for group health plans that are self-insured,grandfathered or provided through large-market insurance policies. Such plans maychoose any one definition of EHB that is authorized by HHS, and the enforcing agencieswill treat that as a permissible EHB definition for purposes of the lifetime and annuallimits provisions. It seems clear that, once the individual states’ definitions are in place,an employer may choose any one of those definitions and amend its plan to imposelifetime or annual dollar limits on benefits that are outside of that definition. It isunclear exactly what plans may or must do between now and the time that statesfinalize their EHB definitions.

The National Legal & Research Group will continue to monitor developments involvingthis issue and provide information on them as needed.

MARYLAND ALLOWS SAME-SEX MARRIAGEOn March 1, 2012, the governor of Maryland, Martin O’Malley (D), signed the CivilMarriage Protection Act (HB 438). This law will allow same-sex couples to marrystarting January 1, 2013. Opponents of the law have stated their intent to gather enoughsignatures to put the law up to a voter referendum that would appear on the November2012 ballot.

Maryland currently requires insurance carriers to offer domestic partner coverage ifrequested by the policyholder. Insurers will now be required to provide coverage tosame-sex spouses whether the policyholder requests the coverage or not. Self-insuredplans that are governed by ERISA will not be affected by the state law. Regardless ofwhat Maryland law says, it will generally be trumped by federal law. Therefore, same-sex spouses are typically treated as non-spouses for all federal laws – that includesCOBRA, federal tax, FMLA, etc. However, same-sex spouses will be eligible for thosebenefits and rights conferred by Maryland law.

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Maryland joins Connecticut, Iowa, Massachusetts, New Hampshire, New York, Vermont, the state ofWashington (legislation legalizing same-sex marriage was signed on February 13, 2012 and is effectiveJune 7, 2012) and Washington D.C. in legalizing same-sex marriage. For a discussion on how same-sexmarriage affects employers and employer-sponsored benefits, please see Willis Human CapitalPractice HR Focus, August 2011, Issue 50, “New York Enacts Same-Sex Marriage Law.”

SAN FRANCISCO: HCSO ANNUAL REPORTING FORMNOW AVAILABLE San Francisco’s Health Care Security Ordinance (HCSO) requires that medium and large businessesmake certain minimum contributions toward their San Francisco employees’ health care. Under thismandate, an employer may either contribute at least the minimum amount to a medical plan or otherhealth benefits or pay that amount into the publicly available program established by the HCSO. (SeeWillis Human Capital Practice Alert, Issue 112, for additional details on the HCSO’s requirements.)The HCSO requires covered employers to report on their health care expenditures by April 30 of eachyear. A copy of the 2011 ARF is now available on the Office of Labor Standards Enforcement’s (OLSE)website.

The ARF has been updated to reflect the HCSO amendments that were effective January 1, 2012. Forinformation about the amendments, please see Willis Human Capital Practice HR Focus, January2012, Issue 55, “San Francisco Health Care Ordinance Amended.”

CHIP MODEL NOTICE REVISEDThe Department of Labor’s (DOL) Employee Benefit Security Administration (EBSA) has released anupdated CHIP model notice. The revised notice can be found by clicking here. A printable version isalso available by clicking here. The DOL also makes the notice available in Spanish; click here.

Employers who had already fulfilled the CHIP notice requirement prior to the release of the newnotice are not affected by the revised notice (redistribution of the notice is not required). However,employers who have not yet complied with the notice’s annual distribution requirement will want tobe sure they use the most recent notice.

BACKGROUNDAn employer is required under the Children’s Health Insurance Program Reauthorization Act(CHIPRA) to provide a CHIP notice if it maintains an insured or self-insured group health plan underwhich it offers benefits in a state that provides a premium assistance subsidy under Medicaid orCHIP. An employer must provide the CHIP notice to employees who reside in these states, regardlessof the employer’s location or principal place of business (or the location or principal place of businessof the group health plan, its administrator, its insurer or any other service provider affiliated with theemployer or the plan), and regardless of an employee’s enrollment status in the employer’s grouphealth plan.

Employers were required to provide an initial CHIP notice by the later of either (1) the first day of thefirst plan year after February 4, 2010 or (2) May 1, 2010. Accordingly, for plan years that beganbetween February 4, 2010, and May 1, 2010, employers should have provided the CHIP notice by May1, 2010. For plans with plan years that began after May 1, 2010, employers should have provided theCHIP notice by the first day of the plan year (i.e., January 1, 2011, for calendar year plans). Afterdistributing the initial CHIP notice, employers must provide the notice annually.

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SSIINNCCEE YYOOUU AASSKKEEDD::HSA CONTRIBUTION LIMITS:ACCOUNT HOLDERS, SPOUSES ANDADULT, NON-DEPENDENT CHILDRENThe National Legal & Research Group (NLRG) is frequently askedabout who may contribute to a Health Savings Account (HSA) andwho is eligible for tax-free reimbursements from an HSA. NLRG wasrecently asked several questions in regard to an employee, age 59,who elected to cover an adult child under an HSA-qualified high de-ductible health plan (HDHP). She elected full family coverage, cov-ering herself, her spouse, age 60, and the adult child. The spouse alsohas an HSA-qualified HDHP through his employer and has alsoelected full family coverage (covering himself, his spouse and theadult child). The adult child does not qualify as a tax dependentunder Internal Revenue Code (IRC) §152 as a “qualifying relative”but was added to the parents’ coverage following enactment of thePatient Protection and Affordable Care Act of 2010 (PPACA). PPACArequires employer-sponsored group health plans that provide cover-age for employees’ children to make that coverage available until thechild reaches age 26.

NLRG received the following questions regarding this situation:

1. How much can the employee contribute to her HSA?2. How much can the spouse contribute to his HSA? 3. What is the interaction, if any, between the employee’s and the

spouse’s ability to contribute to their individual HSAs?4. Can the adult child contribute to her own HSA, and, if so,

how much?

BACKGROUNDIn order to make a tax-deductible contribution to an HSA, a personmust be an “eligible individual.” A person is an eligible individual,with respect to any month, if the person is:

� Covered by a plan that qualifies as a high deductible health plan(HDHP)

� Not covered at the same time by any other plan which is not anHDHP, but which covers the same benefits as the HDHP (otherhealth plans include general purpose health Flexible SpendingAccounts)

� Not claimed as a dependent on another person's tax return (aspouse is not considered to be a tax dependent under either IRC§§151 or 152, even though a taxpayer may claim an exemption forthe spouse)

� Not enrolled (not just eligible, but actually enrolled) in MedicarePart A or B (eligible employees age 65 or over may contribute toan HSA, including the catch-up contribution, as long as they arenot enrolled in Medicare)

HSA CONTRIBUTIONS ANYONE, EVERYONE? HSAs are individual accounts, owned byindividuals. The HDHP, however, is an employer-sponsored group health plan. While the employersets the eligibility criteria for the HDHP, federaltax rules determine whether an individual with anHDHP can enroll in and contribute to an HSA.These rules also determine how much they cancontribute to the HSA.

The amount that the account holder or any otherperson (e.g., an employer) can contribute to theaccount holder’s HSA depends on the category ofHDHP coverage the account holder has (i.e., self-only or family), the account holder’s age, the datethe account holder becomes an eligible individual,and the date the account holder ceases to be aneligible individual. For 2012, if the account holder

has self-only HDHP coverage he can contribute up to $3,100, and ifthe account holder has family HDHP coverage he can contribute upto $6,250. The HSA contribution limit for an HSA-eligible individualwho has family HDHP coverage is not affected merely because one ormore of the other covered family members also has non-HDHPcoverage or HDHP coverage with a lower deductible.

If the account holder is an eligible individual who is age 55 or older atthe end of the account holder’s tax year (usually December 31), theaccount holder’s contribution limit is increased by $1,000. Forexample, if the account holder has self-only coverage, he cancontribute up to $4,100 (the contribution limit for self-only coverage($3,100 for 2012) plus the additional contribution of $1,000).

There are special contribution rules for married individuals. Ifeither spouse has family HDHP coverage, both spouses are treated ashaving only that family HDHP coverage. If each spouse has familycoverage under a separate plan, their combined contribution limitfor 2012 is $6,250. The contribution limit is split equally betweenthe spouses unless they agree on a different division. If both spousesare 55 or older, each spouse's contribution limit is increased by theadditional $1,000 catch-up contribution. If both spouses meet theage requirement, their total HSA contributions cannot be more than$8,250 ($6,250 plus the additional $2,000 in catch-upcontributions). Each spouse must make the additional catch-upcontribution to his or her own HSA (“joint” HSAs do not exist).

The maximum annual HSA contribution for the year is based uponthe individual’s category of HDHP coverage (self-only or family) onthe first day of the last month of the account holder’s tax year(December 1 for most taxpayers). For example, if the account holderhad family HDHP coverage on the first day of December, hiscontribution limit for 2012 is $6,250 (this is true even if the accountholder had single coverage earlier in the year). In other words, theaccount holder is treated as having the same HDHP coverage for theentire year as he had on the first day of that last month. Thismaximum contribution level, however, is contingent on maintainingHDHP coverage throughout a specified testing period. The testingperiod begins with the last month of the account holder’s tax yearand ends on the last day of the 12th month following that month (atotal of 13 months). For example, December 1, 2012 throughDecember 31, 2013 would be the testing period for contributionsmade in the 2012 tax year.

So, to answer questions 1, 2 and 3, each spouse, as they both meet theage requirement, can fund their own HSA with the $1,000 catch-upcontribution and they can contribute an additional $6,250 – eitherput $3,125 in each HSA account or split any other way the spousesagree upon (the spouses should discuss with their tax adviser theissue of who should make what HSA contribution).

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Finally, to answer the last question onwhether the adult child can contribute to herHSA and how much, the maximumcontribution limit is determined for each“eligible individual.” In the current situation,the adult, non-dependent child is not adependent eligible to be claimed on theparent’s tax return. In addition, she is alsocovered by a plan that qualifies as an HDHP(she is actually covered by two HDHPs).Assuming she is not covered by a non-HDHPand she is not enrolled in Medicare, she will bean “eligible individual.” This means she wouldbe eligible to establish her own HSA. Sinceshe has family HDHP coverage, she would beallowed to contribute up to the maximumfamily contribution amount ($6,250 in 2012).

CONCLUSION To summarize who can contribute what in thefact pattern provided above, the employee andspouse could make a combined HSAcontribution of $6,250, split between theirHSAs however they see fit, plus they can eachmake an additional $1,000 catch-upcontribution, as they are both over age 55, totheir respective HSAs (a grand total HSAcontribution between them of $8,250). Theadult, non-dependent child could contributeup to $6,250 to her own HSA.

Taken as a group, the family is essentially ableto contribute a combined $14,500 into HSAsin 2012. And, if the parents had a secondadult, non-dependent child under the sameHDHP, the total would be $20,750. The taxcode provides an incentive for adult, non-dependent children, to aggressively fund anHSA (on a tax preferred basis) while coveredunder a parent’s employer-sponsored HDHP.

For questions about whether an adult childwho is not a tax dependent may have hismedical expenses reimbursed through aparent’s HSA, please see Willis Human CapitalPractice HR Focus, June 2011, Issue No. 48,“Since You Asked: Who is Eligible for Tax-Free HSA Reimbursements?”

WELLNESSASSESSING THE HEALTH OF YOUR POPULATIONIdentifying risk factors in an employee population is the first step toward improving overall health and controllinghealth care spending. Perhaps the most effective way for employers to do this is to offer questionnaires, commonlyreferred to as a health assessment (HA) to their employees.

WHAT IS A HEALTH ASSESSMENT?An HA is a questionnaire that gathers information from individuals in order to identify their risk factors for healthconditions and diseases. Typically HAs collect information on demographics, individual medical history, lifestylebehaviors and biometric data such as blood pressure and cholesterol level. After completing an HA, participants areprovided with individualized feedback and information on any identified risk factors in order to improve health,sustain health and/or prevent disease. According to the 16th Annual National Business Group on Health/Towers WatsonSurvey Report, 79% of employers’ surveyed offer HAs.

WHY OFFER A HEALTH ASSESSMENT?To:� Provide behavioral motivators for your employees and their dependents � Predict future health care trends � Create targeted messaging for worksite wellness programming� Provide employee health awareness and determine appropriate program intervention � Improve health plan design and services through valuable feedback

Employers should examine their organizational culture and choose an administration format that will best meet theneeds of the majority of their employees. All assessments should be written at or below a sixth grade reading level.Typically, an older workforce and retirees prefer a paper-based questionnaire. Most employers are offering anelectronic HA to their workforce, or transitioning from paper-based to electronic HAs. Reasons for the migrationinclude greater freedom over question customization, better integration with other program data and the opportunityto provide instant feedback.

HEALTH ASSESSMENT COMPONENTS These should be structured so that they:� Provide a personalized follow-up report to employees� Are electronically available� Assess readiness to change� Cover risk factors recommended by the United States Preventive Services Task Force� Incorporates clinical values, such as blood pressure, cholesterol levels, body mass index and/or waist

circumference � Assess stress level� Assess physical activity level

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� Assess tobacco and drug use� Assess absenteeism and/or presenteeism (ideally, both)� Can, if the employer has a clinical staff onsite be integrated with

clinical information gathered by onsite staff

WHAT ARE THE DIFFERENT METHODS OF FOLLOW-UP TO A HEALTHASSESSMENT?Employees should always be granted the option of being contacted afteran assessment. Once a risk factor is identified and the employee has givenhis or her consent to be contacted, a variety or a combination of differentfollow-up methods can be used.

POPULAR FOLLOW-UP METHODS INCLUDE:� Health coach contact; telephonic (recommended for first contact),

electronic or in person� Electronic personalized materials or links to resources� 24-hour nurse line� Tear-off sheet to take to the employee’s physician� Review with personal wellness coordinator� Follow-up with occupational health nurses/health professionals at

the work site� Immediate one-on-one counseling by subject matter expert/health

professional

Offering several options for employee follow-up allows the greatestchance of achieving high satisfaction as well as removing potentialbarriers to compliance. Reports indicate that when information andresources are convenient for people to access they are more likely to usethem. Reports indicate that one-on-one counseling sessions achieve thegreatest employee satisfaction levels, and they are highly recommendedfor initial contacts. Once the employee has been contacted, the contactingparty can ask how the employee prefers to be reached in the future.

Implementing a health assessment can be the first step in creating acomprehensive wellness program in your organization. For additionaltools and resources, please contact your local Willis Associate.

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WEBCASTSSOLVING COMPLIANCEPROBLEMS UNDER THE NEW FMLAREGULATIONS

TUESDAY, MAY 15, 20122:00 PM EASTERN TIME

Presented by: KIMBERLY HARRELL, MS PHR, SR.HUMAN RESOURCES CONSULTANT,HR PARTNER

The recently issued Family and MedicalLeave Act (FMLA) regulations are requiringemployers to rethink their FMLA policies,procedures and documentation.

The new regulations also provideinterpretations to major FMLAdevelopments, including GINA’s safe harborrules and the in loco parentis rule.

These new regulations have not lessened theconfusion for employers, especially in areassuch as determining what is a qualifyingserious health condition, complying withnotification and certification requirements,and providing intermittent leave.

Please join us for an informational overviewof FMLA as it exists today, including recentcourt cases interpreting FMLA, as well as anupdated look at what the future holds forFMLA legislation and strategic enforcement.

PARTICIPANT ACCESS Advance reservations are required toparticipate. Click here to RSVP for this call.

HEALTH REFORM:WHAT THE SUPREMECOURT SAID; WHATTHE SUPREME COURTWILL SAY.

TUESDAY, JUNE 19, 20122:00 PM EASTERN TIME

Presented by: PRESENTED BY JACK TOWARNICKY, JDEMPLOYEE BENEFITS ATTORNEY,WILLIS NATIONAL LEGAL &RESEARCH GROUP

Recently the U.S. Supreme Court heardoral arguments about four specific issuesregarding the Patient Protection andAffordable Care Act of 2010. The issueswere whether the legal challenge wastimely, whether the individual mandate isconstitutional, whether the individualmandate can be severed from the rest ofthe law and whether expanded Medicaidcoverage is an impermissible mandate onthe states.

Join Willis’ National Legal ResearchGroup for a Health Reform Update. We will review the implications of theSupreme Court decision as well as nextsteps in terms of compliance foremployer-sponsored health plans.

If the decision is delayed, we will scopeout the various permutations of theseissues and how a favorable or unfavorableruling for each might impact employer-sponsored coverage. Immediately afterthe decision is announced, we will followup with an Alert.

PARTICIPANT ACCESS Advance reservations are required toparticipate. Click here to RSVP for this call.

These programs have been approved for 1(General) recertification credit hour toward PHR,SPHR and GPHR recertification through the HRCertification Institute. For more informationabout certification or recertification, please visitthe HR Certification Institute website at

www.hrci.org. The use of this seal is not an endorsement by the HRCertification Institute of the quality of the program. It means thatthis program has met the HR Certification Institute’s criteria to bepre-approved for recertification credit.

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NEW ENGLAND

Auburn, ME207 783 2211

Bangor, ME207 942 4671

Boston, MA617 437 6900

Burlington, VT802 264 9536

Hartford, CT860 756 7365

Manchester, NH603 627 9583

Portland, ME207 553 2131

Shelton, CT 203 924 2994

NORTHEAST

Buffalo, NY716 856 1100

Cranford, NJ908 931 3005

Florham Park, NJ973 410 4622

Morristown, NJ973 829 6374973 829 6465

New York, NY212 915 8802

Norwalk, CT203 523 0501

Radnor, PA610 254 7289

Wilmington, DE302 397 0171

ATLANTIC

Baltimore, MD 410 584 7528

Bethesda, MD301 581 4261

Knoxville, TN865 588 8101

Memphis, TN901 248 3103

Nashville, TN615 872 3716

Norfolk, VA757 628 2303

Reston, VA703 435 7078

Richmond, VA804 527 2343

Rockville, MD301 692 3025

SOUTHEAST

Atlanta, GA404 224 5000

Birmingham, AL205 871 3300

Charlotte, NC704 344 4856

Gainesville, FL352 378 2511

Greenville, SC704 344 4856

Jacksonville, FL904 355 4600

Marietta, GA770 425 6700

Miami, FL305 421 6208

Mobile, AL251 544 0212

Orlando, FL407 562 2493

Raleigh, NC704 344 4856

Savannah, GA912 239 9047

Tallahassee, FL850 385 3636

Tampa, FL813 490 6808813 289 7996

Vero Beach, FL772 469 2842

MIDWEST

Appleton, WI800 236 3311

Chicago, IL312 288 7700312 348 7700

Cleveland, OH216 861 9100

Columbus, OH614 326 4722

Detroit, MI248 539 6600

KEY CONTACTS

U.S. HUMAN CAPITAL PRACTICE OFFICE LOCATIONS

Willis North America • 05/12 13

Grand Rapids, MI616 957 2020

Milwaukee, WI414 203 5248414 259 8837

Minneapolis, MN763 302 7131 763 302 7209

Moline, IL309 764 9666

Pittsburgh, PA412 645 8506

Schaumburg, IL847 517 3469

SOUTH CENTRAL

Amarillo, TX806 376 4761

Austin, TX512 651 1660

Dallas, TX972 715 2194972 715 6272

Denver, CO303 765 1564303 773 1373

Houston, TX713 625 1017713 625 1082

McAllen, TX956 682 9423

Mills, WY307 266 6568

New Orleans, LA504 581 6151

Oklahoma City, OK405 232 0651

Overland Park, KS913 339 0800

San Antonio, TX210 979 7470

Wichita, KS316 263 3211

WESTERN

Fresno, CA559 256 6212

Irvine, CA949 885 1200

Las Vegas, NV602 787 6235602 787 6078

Los Angeles, CA213 607 6300

Novato, CA415 493 5210

Phoenix, AZ602 787 6235602 787 6078

Portland, OR503 274 6224

Rancho/Irvine, CA562 435 2259

San Diego, CA858 678 2000858 678 2132

San Francisco, CA415 291 1567

San Jose, CA408 436 7000

Seattle, WA800 456 1415

The information contained in this publication is not intended to represent legal or tax advice andhas been prepared solely for educational purposes. You may wish to consult your attorney or tax adviser regarding issues raised in this publication.