Health and Benefit E-newsletter

September 2007

Prepare for the Impact of the Aging Workforce

Transform 2010, an initiative of the Minnesota Department of Human Services is seeking to heighten the urgency to transform policies, infrastructures and services within all employment sectors to prepare for Minnesota’s aging workforce.

A series of regional summits will be held across the state with the goal to present the Blueprint for 2010. The Blueprint will highlight steps taken by local organizations in anticipation of the population shift which will begin in 2011 when the first baby boomers retire. Attendees will receive a copy of the Blueprint for 2010, a series of fact sheets on ways to take action in their business. For a listing of regional meeting dates and locations or for a copy of the Blue Print summary go to www.dhs.state.mn.us/2010. Registration is free, but seating is limited at these meetings.

Health Care Exchange

The Minnesota Department of Health is conducting focus group research as part of a study for the Legislature on the potential for establishing a health insurance exchange and other issues related to improving the way that health care markets work in Minnesota. Focus groups will be held with employers that currently offer health insurance and employers that do not offer health insurance. If you are interested in participating in a focus group or would like more information, please contact Mary Bethke at (651) 292-4672, (800) 821-2230 or mbethke@mnchamber.com.

A ‘Business Case’ for Investing in Employee Wellness

Employees make decisions every day that affect their health and wellness. When organizations develop a supportive culture that encourages employees to make healthy lifestyle choices, a more productive workforce and a healthier bottom line prevail.

Companies that have instituted health promotion and wellness programs have experienced:

• Lower turnover and absenteeism rates
• Lower health care costs
• Improved productivity
• Increased employee morale

One excellent source to help employers get started is the Healthy Minnesota Workplace Initiative toolkit developed by the Minnesota Department of Health. This toolkit builds a “business case” for starting a worksite wellness program and provides practical steps to customize a program to your business. There has never been a more compelling time to focus on health improvement in the workplace. To view the toolkit and adapt it to your workplace, visit www.health.state.mn.us/hmwi.

Minnesota Employers and Personnel Records

Effective January 1, 2008, most Minnesota employers will be obligated to inform new employees of their right to review their personnel records and obtain copies of those records. Employers with 20 or more employees must provide “written notice” to each new hire of the “rights and remedies” provided in the Minnesota Personnel Record Review and Access Act.

“Written notice” is not specifically defined, so employers have several options: Employers can review their procedures and either (1) revise their current Minnesota handbook so it provides “written notice” upon hire or (2) create a “written notice” that documents that each new hire has been given the notice.

The “written notice” will need to provide each new hire with notice of the following rights and remedies:

• The right, upon written request, to review the employee's “personnel records,” as defined by the Act.
• The right, after the review, to make a written request for a copy of those records.
• The right to dispute information contained in those records and the procedures for resolving those disputes.
• The employee's right not to be retaliated against for asserting these rights.
• The remedies available for violations of these rights, including the right to force compliance, the right to recover actual damages plus costs, and, in cases of retaliation for asserting one's rights, the right to recover back pay, reinstatement, other make-whole and equitable relief, and attorney fees.

None of these rights or remedies is new. What is new is that, starting January 1, employers must inform employees in writing about these rights and remedies. For more information, contact Dave Diederichs, manager of labor management policy at (651) 292-4682, (800) 821-2230 or ddederichs@mnchamber.com.

Statewide Smoking Ban goes into Effect October 1

A new statewide smoking ban goes into effect October 1, 2007. Except under certain narrow circumstances, the law prohibits smoking in public places, public meetings, places of employment and on public transportation. The law extends secondhand smoking protections to customers and employees in virtually all indoor workplaces including restaurants, bars and private clubs. For a complete listing of the rules distributed by the Minnesota Department of Health, visit www.health.state.mn.us/divs/eh/indoorair/mciaa/ftb/index.html.

Unemployment Insurance – Potential Law Change

The Unemployment Insurance Director for Minnesota’s Department of Employment and Economic Development has contacted the Minnesota Chamber requesting feedback from the business community on a potential change in Minnesota’s Unemployment Insurance law.

The Department is considering changing Minnesota’s statutory definition of “wages” to conform exactly to the definition that is used by Social Security. The current difference in definitions is problematic for calculating unemployment insurance taxes and benefits; for example, when a Minnesota employer is calculating wages, meals are considered wages within Minnesota’s current definition, but meals are excluded from wages under the Social Security definition.

The Minnesota’s Unemployment Insurance Advisory Council, which is comprised of business and labor members, will be looking closer at this issue at its next meeting which is scheduled for Thursday, September 20th. For more information or to provide feedback on this topic, please contact Dave Dederichs, Manager, Fiscal and Labor Management Policy at the Minnesota Chamber at (651) 292-4682, (800) 821-2230 or ddederichs@mnchamber.com.

Federal Minimum Wage Increase – Employer Mandated Posting Requirement

In May, President Bush signed the Fair Minimum Wage Act of 2007 which increases the federal wage. The federal minimum wage increased the wage rate to $5.85 on July 24, 2007. The federal minimum wage will increase further in two steps to $6.55 on July 24, 2008; and $7.25 on July 24, 2009 (see below table).

For more information on this or other Minnesota legislation, please visit the Minnesota Chamber’s Web site at www.mnchamber.com. For more information on the federal Fair Labor Standards Act, please visit www.dol.gov/compliance/laws/comp-flsa.htm.

Compliance Posters: According to federal and state labor laws, it is mandatory that all of the standard State and Federal Labor Laws & OSHA Regulations are clearly posted and maintained in your workplace. The Minnesota Chamber has partnered with Ceridian to offer our members Compliance Posters at a competitive rate. To order, go to www.solutioncenter.ceridian.com/hrsc/MN and go to the Compliance Tab.

HR Strategies for a Changing Workforce: This is one HR event you don't want to miss! Make plans now to attend the Employers Association's 2007 Conference for HR Professionals. This year's theme is "HR Strategies for a Changing Workforce". The conference will showcase the 2007 EA HR Best Practices Awards. This year the winners are Bernick's Beverages-Vending, Hennepin County and INH Companies. They will give an overview of their award-winning programs. In addition, other presenters will provide those in attendance with critical updates on compensation and employment law along with a variety of HR strategies. The conference is scheduled for Tuesday, October 30, 2007 from 8:00 a.m. to 4:15 p.m. at Employers Association offices in Plymouth. Interested individuals may register on-line at www.employersinc.com and search for "2007 HR Conference". Chamber members receive affiliate pricing rate.

For more information on this or other products and services available through the Minnesota Chamber of Commerce, contact Mary Bethke at (651) 292-4672, (800) 821-2230, or mbethke@mnchamber.com or visit our Web site at www.mnchamber.com/benefits.

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