Congress Passes the American Rescue Plan Act

Congress Passes the American Rescue Plan Act

Congress has passed, and President Biden has signed, the American Rescue Plan Act, 2021 (ARPA), the third COVID-19 stimulus bill.  This new $1.9 trillion stimulus package includes several health and welfare benefits-related provisions relevant to employers and plan sponsors, as summarized below.

FFCRA Paid Leave Extended and Enhanced

While COVID-19 vaccines are starting to become more readily available, the pandemic continues. In recognition, Congress extended through September 30, 2021, the refundable payroll tax credits for emergency paid sick leave (EPSL) and extended family and medical leave (E-FMLA), which were enacted pursuant to the Families First Coronavirus Response Act.  As with the extension through March 31, 2021 under the second stimulus package (the Consolidated Appropriations Act, 2021), only the tax credits are extended, which means compliance with the EPSL or E-FMLA requirements is voluntary for employers after December 31, 2020.

The ARPA expands FFCRA leave in several ways for employers who choose to offer it from April 1, 2021 through September 30, 2021:

  • The 10-day limit for EPSL resets as of April 1, 2021. Employees were previously limited to 80 hours from April 1, 2020 through March 31, 2021.
    • Paid leave continues to be limited to $511 per day ($5,110 total) for an employee’s own illness or quarantine (paid at the employee’s regular rate), and $200 per day ($2,000 total) for leave to care for others (paid at two-thirds of the employee’s regular rate).
  • A new “trigger” is added under both the EPSL and E-FMLA provisions. Employees qualify for leave if they are:
    • seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, COVID-19, and the employee has been exposed to COVID–19 or the employee’s employer has requested such test or diagnosis;
    • obtaining immunization related to COVID–19; or
    • recovering from any injury, disability, illness, or condition related to such immunization.
    • MBWL Note: The ability of an employer to receive a tax credit for providing paid time off for an employee to receive the vaccine is a clear indication of the federal government’s desire to facilitate employees receiving a vaccine.
  • Leave under the E-FMLA provision is increased from $10,000 to $12,000, with $12,000 being the maximum an employer may claim for an employee in 2021.
  • Leave under the E-FMLA provision is expanded to be available for any EPSL-qualifying reason, which is when an employee is unable to work or telework because the employee:
    • is subject to a federal, state, or local quarantine or isolation order related to COVID-19;
    • has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
    • has COVID-19 symptoms and is seeking medical diagnosis;
    • is caring for an individual who is subject to a quarantine or isolation order;
    • is caring for a child if the school or day care center has been closed, or the child-care provider is unavailable, due to COVID-19 precautions; or
    • is experiencing any other substantially similar condition specified by the regulatory agencies.
  • E-FMLA leave taken on or after April 1, 2021 is not subject to the 10-day elimination period that applied previously under FFCRA.
    • An employee’s eligibility for E-FMLA may depend on when they used E-FMLA previously and how the employer establishes its 12-month FMLA period (e.g., calendar year, fixed period, measure-forward, or “rolling” 12 months).
  • For leave taken on or after April 1, 2021, the employers may take a credit against Medicare payroll tax only (1.45%); however, the credit continues to be refundable.
    • ESPL and E-FMLA credits are available for qualified health plan expenses and for the employer’s share of Medicare and Social Security taxes.
  • ARPA clarifies that refundable credits may be received by state and local governments that are tax exempt under Code 501(a).
  • ARPA adds a new nondiscrimination requirement that eliminates the credit for any employer that discriminates in favor of highly compensated employees, full-time employees, or employees based on tenure.

Dependent Care Assistance Program Limit Increase

In February, the IRS released Notice 2021-15, which provides guidance related to the relief for health FSAs and dependent care assistance programs (DCAPs) contained in the second stimulus bill. Unfortunately, the Notice failed to clarify with any certainty whether an employee may be taxed on any DCAP reimbursements in excess of $5,000 for the calendar year.  That issue is now settled by the ARPA, which increases the DCAP exclusion from $5,000 to $10,500 (from $2,500 to $5,250 in the case of a separate return filed by a married individual) for 2021. This relief is only available for calendar year 2021; however, it also implies that an employee could elect to increase their DCAP election to the newly available $10,500 limit for 2021 (based on the relief in Notice 2021-15).  A DCAP must be amended by the end of the 2021 plan year to take advantage of the increased exclusion limit.

Temporary Premium Tax Credit Enhancements

The Affordable Care Act’s premium tax credit program is significantly enhanced for 2021 and 2022. The existing income limit of 400% of the federal poverty level, after which individuals will no longer qualify for a premium tax credit, is lifted for 2021 and 2022. In addition, the applicable percentage of household income that individuals must pay for Marketplace coverage has been reduced at all income levels.  Special rules also apply to those individuals receiving unemployment compensation during 2021.

MBWL Note: The increased eligibility for premium tax credits makes it ever more important for applicable large employers (ALEs) to offer affordable, minimum value coverage to their full-time employees to avoid potential penalty exposure.

Temporary PTC Percentages Under ARPA
In the case of household income (expressed as a % of poverty line) within the following income tier: The initial premium percentage is— The final premium percentage is—
Up to 150.0% 0% 0%
150% to 200% 0% 2%
200% to 250% 2% 4%
250% to 300% 4% 6%
300% to 400% 6% 8.5%
400% and up 8.5% 8.5%

 

2021 PTC Percentages (Pre-ARPA)
In the case of household income (expressed as a % of poverty line) within the following income tier: The initial premium percentage is— The final premium percentage is—
Up to 133.0% 2.07% 2.07%
133% to 150% 3.10% 4.14%
150% to 200% 4.14% 6.52%
200% to 250% 6.52% 8.33%
250% to 300% 8.33% 9.83%
300% to 400% 9.83% 9.83%
400% and up Ineligible for PTC

COBRA Subsidy

The ARPA provides significant assistance to employees and their families who are eligible for COBRA (or state mini-COBRA) due to an involuntary termination of employment or reduction in hours.  The law provides a 100% subsidy for COBRA premiums from April 1, 2021 through September 30, 2021. The subsidy applies to group health plans other than health FSAs.

Employers who are subject to COBRA under ERISA (private employers) or the PHS Act (state and local governmental employers) are responsible for complying with the COBRA subsidy provisions.  Insurance companies are responsible for complying with the COBRA subsidy provisions for insured group health plans that are not subject to federal COBRA (e.g., when state “mini-COBRA” requirements apply to small plans that are not subject to federal COBRA, or to large group plans after federal COBRA is exhausted).  Additional highlights include:

  • The subsidy applies to an “assistance eligible individual” (AEI) who is any COBRA qualified beneficiary who is eligible for, and elects, COBRA during the period of April 1, 2021 through September 30, 2021, due to an involuntary termination of employment or reduction in hours. (The reduction in hours is not required to be involuntary.)
  • AEIs must be offered at least a 60-day window within which to elect COBRA coverage.
    • The 60-day period begins April 1, 2021 and ends 60 days after the date the notice is provided to the individual.
    • AEIs include individuals in their COBRA election period, and individuals who would be AEIs but whose COBRA coverage lapsed due to non-payment prior to April 1, 2021.
    • MBWL Note: Many AEIs will still be within their COBRA election period as a result of the Department of Labor’s disaster relief (Notice 2021-01).
  • COBRA coverage elected during the subsidy period will be effective April 1, 2021; employees are not required to elect retroactive to the date of their qualifying event or any other date prior to April 1, 2021, nor are they required to pay outstanding premiums for prior periods of coverage in order to secure subsidized coverage.
  • Employers will be entitled to an advanceable, refundable tax credit against Medicare payroll taxes (1.45%) to pay for coverage during the subsidy period. The DOL will provide forms and instructions for employers to apply for the credit.
    • Additional guidance is expected for multiemployer (union) plans and professional employer organizations (PEOs).
  • The subsidy is available until the first to occur of:
    • the qualified beneficiary becoming eligible for other group health plan coverage (other than coverage consisting only of excepted benefits, such as dental or vision, coverage under a health FSA, or coverage under a qualified small employer health reimbursement arrangement (QSEHRA));
    • the qualified beneficiary becoming eligible for Medicare;
    • the end of the qualified beneficiary’s maximum COBRA duration; or
    • September 30, 2021.
  • Qualified beneficiaries who fail to notify the plan that they are no longer assistance-eligible can be liable for a $250 penalty, which may be waived if the failure was due to reasonable cause and not willful neglect. An intentional failure can result in a penalty of $250 or 110% of the amount of premium assistance received, if greater.
  • Employers may allow currently enrolled AEIs to select new plans. An individual has 90 days from the date they are notified of the enrollment option to elect a different plan.  This option is available only if:
    • the premium for such different coverage does not exceed the premium for coverage in which such individual was enrolled at the time such qualifying event occurred;
    • the different coverage in which the individual elects to enroll is coverage that is also offered to similarly situated active employees; and
    • the different coverage is not coverage consisting only of excepted benefits, such as dental or vision, coverage under a health FSA, or coverage under a QSEHRA.
  • Required Notices to Individuals
    • General Notice / Notice of Subsidy Availability. Individuals who become eligible to elect COBRA during the subsidy period (April 1, 2021 – September 30, 2021) must be provided a notice that describes the availability of the premium assistance. The notice requirement may be satisfied by amending existing notices or by including a separate attachment. The notice must include:
      • the forms necessary for establishing eligibility for premium assistance;
      • the name, address, and telephone number to contact the plan administrator and any other person maintaining relevant information in connection with such premium assistance;
      • a description of the extended election period;
      • a description of the obligation of the qualified beneficiary to notify the plan when they are no longer eligible for a subsidy and the associated penalty for failure to do so;
      • a description, displayed in a prominent manner, of the right to a subsidized premium and any conditions thereon; and
      • a description of the option to enroll in different coverage if the employer so permits.
    • Notice of Extended Election Period. AEIs must be offered at least a 60-day window within which to elect COBRA coverage.
      • The 60-day period begins April 1, 2021 and ends 60 days after the date the notice is provided to the individual.
      • This includes:
        • individuals terminated on or after April 1, 2021;
        • individuals in their COBRA election period on April 1, 2021 (including any COVID-19-related extensions); and
        • individuals who would be AEIs but whose COBRA coverage lapsed due to non-payment prior to April 1, 2021.
      • Notice of Subsidy Expiration. Informs AEIs that the subsidy period is ending.
      • The notice must disclose that:
        • premium assistance for the individual will expire soon and the date of such expiration;
        • the individual may be eligible for coverage without any premium assistance through COBRA or coverage under a group health plan.
      • The subsidy expiration notice is not required if the subsidy is ending due to the individual becoming eligible for another group health plan or Medicare.
      • This notice must be provided not more than 45 days but no less than 15 days before the premium assistance ends.
      • Model Notices. The DOL must issue model notices of subsidy availability and extended election period within 30 days of enactment, and a model notice of subsidy expiration within 45 days of the law’s enactment.

What Does This Mean For Employers?

Employers and plan sponsors should consider whether they will adopt the extended FFCRA leave provisions and/or use them to incentivize employees to receive a COVID-19 vaccine. They should also ensure their COBRA vendors are prepared to assist in identifying and notifying assistance eligible individuals within 60 days of April 1, 2021.  The DOL also plans to provide outreach consisting of public education and enrollment assistance relating to premium assistance. Their outreach will target employers, group health plan administrators, public assistance programs, States, insurers, and other entities as the DOL deems appropriate. The outreach will include an initial focus on those individuals eligible for an extended election period. We also expect the DOL and other agencies to issue guidance on various issues related to the subsidy in the coming weeks.


About the Author.  This alert was prepared for Employee Benefit Consultants, Inc. by Marathas Barrow Weatherhead Lent LLP, a national law firm with recognized experts on ERISA-governed and non-ERISA-governed retirement and welfare plans, executive compensation and employment law.

The information provided in this alert is not, is not intended to be, and shall not be construed to be, either the provision of legal advice or an offer to provide legal services, nor does it necessarily reflect the opinions of the agency, our lawyers or our clients.  This is not legal advice.  No client-lawyer relationship between you and our lawyers is or may be created by your use of this information.  Rather, the content is intended as a general overview of the subject matter covered.  This agency and Marathas Barrow Weatherhead Lent LLP are not obligated to provide updates on the information presented herein.  Those reading this alert are encouraged to seek direct counsel on legal questions.

© 2021 Marathas Barrow Weatherhead Lent LLP.  All Rights Reserved.

 

You Should Nurture Relationships with Past Employees

It’s a fact that losing good employees is a major pain point for business owners. Not only is it hard (and expensive) to replace a quality employee, but replacing institutional knowledge, relationships, and experience takes a lot of time. But this doesn’t mean employers should avoid thinking about or preparing for the eventual departure of an employee. In fact, employee alumni networks and strong networking communities comprised of ex-employees may make the next step of hiring much, much easier.

While onboarding programs are all the rage among HR professionals and business leaders, it’s sadly common for employees to leave a company in a very different manner. New employees are greeted with training, communication, and team engagement, but an employee leaving a company may be met with an exit interview, a pat on the back, or in some cases, outright hostility, resentment, scrambling and confusion on behalf of their managers.

But this doesn’t make sense for both the business and the departing employee. According to the Bureau of Labor Statistics, the average job retention rate in the United States consistently hovers at around four years. In fact, business professionals have been noted to advise against staying in a job for too long to avoid damaging your career. So why do exiting employees so often get ignored or treated poorly?

The short answer? A lack of foresight. Previous employees can have a dramatic impact on a business even after they leave. They may come back in the form of clients, business referrals, vendors, brand ambassadors, and boomerang employees. The fact of the matter is that employees are almost never going to stay with your company for their entire career, so it makes sense for organizations to prepare—well in advance—for their eventual departure and subsequent post-departure impact on the business.

But how do you nurture relationships with previous employees?

Corporate alumni programs

These programs are popular among corporate industries, including legal, consulting, and financial services. They are designed to create a network for former employees to stay connected with their old colleagues and organizations, providing a space for them to continue growing and nurturing their relationships long-term.

According to a report by Conenza Inc. in conjunction with Cornell University, there are four main motivations people have for joining alumni programs:

  • Mission-driven
  • Career-minded
  • Pragmatic
  • Social-focused

With that in mind, it seems like a major loss for organizations to miss out on staying connected with people driven by these traits. After all, they all point to growth-driven mindsets that positively impact both the alumni and the organization.

Offboarding strategies

If you’re a smaller business or simply not a fit for an alumni program, there’s plenty you can do to maintain mutually beneficial relationships with employees after they’ve left your organization. The basics of offboarding aren’t complicated—it’s simply a step-by-step process that allows for clear communication and preparation as an employee arranges to depart, ensuring the employee and the organization have everything they need before the final day. Here are some simple steps you can take to help the process along:

  • Begin preparing for their eventual departure long before you expect them to leave by creating an offboarding program that matches your organization’s values, mission, and culture. You want employees to have a cohesive experience throughout their entire lifecycle. This will help you manage expectations and maintain trust even as an employee begins the exit process.
  • Create an ongoing dialog around career development that starts the moment an employee enters your ranks. Make it clear that while you hope employees will stay forever, you understand most employees change jobs every handful of years and you’ve created opportunities and resources for them to develop within your organization and stay connected with you after they leave.

Offboarding programs will help leaders not to go into chaotic damage control by creating a clear process for each step of the departure. It allows organizations to say, “We’ve prepared for this and made it simple and easy, so we can all continue on without anxiety.” It allows the employee to leave in a measured, calm way, and the organization to be prepared to handle their leaving without confusion or missed steps that would end up frustrating both the organization and the departing employee.

A mutual investment

For both individuals and organizations alike, the relationships developed, both externally and internally, are the foundation of success. They drive investment, engagement, reputation, and networking power. It’s simply common sense to get the best value out of the most intimate of these relationships—with your employees themselves. Remember, how you treat your employees—both current and past—has a determining effect on your reputation within your industry. Handle these relationships with intentionality and care, and reap the benefits of a robust, engaged, and long-lasting network.

 

Content provided by Q4iNetwork and partners

Photo by mavoimage

How HR Professionals Can Benefit from Learning the Sales Pitch

Over the past several years, HR’s role has steadily risen in stature, with more and more leaders recognizing the critical nature of HR functions and their impact on business growth and the bottom line. And HR has risen to the occasion by finding solutions to the chaos caused by the pandemic, driving vital culture changes to improve equality within the workplace, prioritizing diversity and inclusion, and developing new solutions to improve the employee experience.

But despite this upward trend, the task of pitching new ideas, plans, or strategies to the C-Suite isn’t without difficulty. While you may understand how the solution you’ve worked hard to develop is right for the business, it’s not exactly easy to convey this—especially when money is on the line.

As more solutions become available and the market for HR solutions grows, HR professionals need to prepare themselves for the inevitable fight for the “right one”. But this can’t be done in a power-play.

As you prepare for your next conversation about an HR solution you’d like to implement, consider approaching it like a “pitch.”

Understand your audience

While you may understand why the solution you’re pitching is the right one, that doesn’t mean it’s clear to the CEO or CFO of the company. As you work to frame the information you’ve gathered, consider each of your audience’s perspectives, and try framing your pitch to fit their specific lens:

  • A CEO generally keeps the grand vision for the organization front of mind. They want to know how any solution will help them reach their ultimate goals. They want to be reassured that each section of the company will engage successfully with the solution. And they’ll want to know why this solution is better than others.
  • A CFO is a different story. They want to know how this solution will affect the bottom line. They may be more interested in hard numbers, data, research, and comparative data between similar solutions.

As you approach these conversations, consider how you might frame the information you have to fit your audience’s specific questions before sitting down with them. Preparing yourself for the decision-makers’ inevitable questions and worries will help you develop confidence and build their confidence and trust in you as your conversation progresses.

Start with small steps

Instead of expecting a decision to be made right out the gate, consider setting up a series of meetings in which you approach your ultimate goal of implementing the solution over time, creating stepping stones that gradually bring the decision-makers to the finish line. Set clear goals for each meeting so they’ll know what to expect. Consider breaking down the conversation into a series of small steps:

  1. Set a preliminary meeting to talk about the current solution (or lack of solution) the organization has. Review how it’s going and identify what issues have arisen. Then take a look at the overall goals of the organization and identify areas that need attention. This meeting is an opportunity for you to uncover their concerns and goals, which will inform how you approach your second presentation.
  2. In your second meeting, frame your solution around the main points and concerns highlighted in the first discussion. This is your chance to explain why you think it’s the best fit. Don’t leave your expert opinion out, but don’t forget to address your audience’s concerns. Before asking them to make the final decision, propose bringing in someone from the company offering the solution or from a similar organization as yours that has implemented it.

By approaching the pitch as a series of small steps that lead to a bigger decision, you’ll remove the anxiety around making the final purchase and help build trust as they learn about the solution.

Practice

As you prepare, don’t forget to practice these conversations. Try roleplaying and writing a list of questions you might expect. While you may think you know everything about this solution, you don’t want to risk giving a sloppy, confusing answer when the moment strikes. Run through your presentation at least three times, and identify areas that can be clarified, simplified, or left out.

Remember, you are the expert in this situation. If you believe your solution will make a difference for your organization, you owe it to your team to be as prepared and knowledgeable as possible. You got this!

 

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Photo by Cathy Yeulet

Move Past the Buzzwords: How to Lead Intentionally

In the world of business, buzzwords seem to rule the headlines. Optimize, disrupt, engage, drive—they pop up in headlines about leadership, HR, employee engagement, productivity, and the bottom line of your business.

What ties these ideas together? They all allude to the possibility of gaining something, of getting the upper hand—of winning. Yet, after all the articles you’ve read, how much time have you really spent ‘winning’?

This article isn’t about the next new leadership strategy or the latest piece of tech you should be implementing. It’s about you, your vision, and how not to lose sight of it amidst all the noise.

Filter for the vision

Fresh ideas can be a great motivator to take action, but without vetting them against the vision, they turn into a distraction. Here’s an example of how distraction can play out. A manager was called into a meeting with the upper management team to hear about their exciting new idea: they wanted to partner with another organization to share resources and expand their reach. They were excited, urging the manager to get to work immediately on a communication plan. Her first response instead was to ask questions:

  • How does this fit into the visions for the two organizations?
  • What resources are we sharing?
  • What benefits will we each receive, financial or otherwise?
  • How will we manage the combined financials?
  • What are the expectations of each team?

The room was silent. They hadn’t taken the time to think it through. They had no answers, and the idea was dropped just as soon as it was picked up.

If you’re not looking at new ideas through the intentional lens of your vision, it’s easy to get pulled off track. Leaders and their team members should know this vision lens well enough to filter ideas for ones that fit and ones that are a distraction.

Theme over numbers

To avoid the same story happening at your organization, try implementing an annual or bi-annual theme. While setting goals and hard numbers is a great way to hold yourself and your team accountable, that shouldn’t be the first place you go when you develop your organizational strategy.

A theme is an idea you intentionally want to take hold in the behaviors of your team. The most powerful themes are often the most simple, such as “be intentional” or “simplify” or “progress over perfection.” And a theme has a longer lifespan than numbers-driven goals, and the newly developed behaviors won’t disappear if you fail to meet any specific goal.

A theme will work as a guide and a reference for all the major (and minor) activities within your organization and can help weed out initiatives that sound great but aren’t aligned with your vision. Pick an idea for your theme that reinforces your company vision and acts as a reference point to keeping your ideas and intentions in alignment with your vision.

Proactive planning

Creating a theme can help you think ahead in a logical, intentional way. One way that organizations get sidetracked or find themselves stumped by a complicated, poorly planned initiative is reactive planning. As your business grows, it will inevitably hit roadblocks. Problems aren’t avoidable. But often, leadership gets stuck in a loop of reactive planning, responding to each problem as it arises, only thinking one step ahead or one step behind each challenge.

Reactive leadership doesn’t allow for intentional growth and can suck an entire organization’s energy down the drain. So the next time your organization comes up against a roadblock, step back and consider your options. Don’t run with the first idea that comes to you without thinking things through:

  • Does the plan align with your theme?
  • Does it make sense long-term?
  • Does your team have the capacity to execute the plan?
  • Why are you choosing this plan over others, how will it help, and what does your team need to do to make it happen?

Change your mind (set)

If your team tends to complain when asked to do the hard work associated with getting a new initiative up and going, it’s likely that leadership hasn’t explained the initiative in proper context. It’s difficult to accept tactical chores when there is no obvious and immediate benefit.

If you want your business to win and your vision to be realized, you must take time to allow your team see how new initiatives help fulfill the vision. Once understood, the detailed, often frustrating work of laying down the pavement toward functionality and success, can be met with much more acceptance.

For example, if you’re paying for a robust tech platform to track sales, marketing efforts, and prospecting, but you’re frustrated by the results, ask yourself if you’ve equipped your staff with the right training. Do they know why they’re going to use it? Do they know how to use it?

If they don’t have a clear understanding, you haven’t implemented the technology with a solid strategy, and you need to reverse your steps and start over. If they do have a clear understanding, ask yourself why they aren’t using it correctly (or at all).

Organizations waste massive amounts of money on tech they hardly use, not because they don’t see its value, but because they don’t make the time commitment to 1) train their employees, or 2) take accountability for its success.

Your job as a leader isn’t just to hold people accountable or set the direction of your organizational growth—it’s to take responsibility for the details, the strategy, and the planning. Your vision = your responsibility. Sure, you get to ask for help, but the ultimate success or failure falls on you.

Where to start

To get your organization, or even your brain, back on track, retreat to your vision. Start there and move forward. Always ask:

  • “Does this idea align with our vision?”
  • “Am I willing to put in the work to develop a strategy?”
  • “How will I communicate this to my team?”

In the end, businesses get off and on track repeatedly as they grow and change. Remember to recenter your focus on your vision, even as it evolves, and resolve never to be above the “busy work” of strategy. After all, any idea looks like a good idea without a plan.

 

 

Photo by Ian Iankovskii

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Wellness and Productivity: A Holistic Approach

For much of the country, winter can be a challenging time. Decreased light, more time spent indoors, the horrible experience of waking up in the dark and ending work in the dark—it can be tough. This winter may be especially challenging, with the pandemic forcing us into isolation and away from our favorite cozy coffee shops and bookstores.

As humans, our energy naturally ebbs and flows throughout our lives and throughout the seasons. This can be difficult for those of us with high expectations. We don’t like to accept that sometimes, we need sleep, time alone, or support. But these things are inevitable, pandemic or not, and fighting against them isn’t an effective use of our energy. We need to learn to roll with our energy cycles, not against them.

Here are four tips to help you stay on track with your goals while not falling out of tune with your needs.

Make short term commitments 

At the start of every week, make a list of all the things you want to accomplish. Then break each item out into categories:

  • Start with “the one thing”—the task you commit to complete above all others.
  • Then, break it into time-intensive tasks that you know will take a while.
  • Next, think about your quick wins, the things you know you can get done quickly.
  • Finally, think about the items that can wait till later and put them in your backlog.

This will help you stay on top of the stuff that matters most while also keeping things from slipping through the cracks. It’ll provide you with a sense of accomplishment and enable you to make clear decisions around how you spend your time each day. In short, it’ll help your days stay clear of busywork and give you direction to aim your energy most effectively and efficiently.

Keep small promises

Each of us has different needs, challenges, and sticking points. Try making some small, easily accomplishable promises to yourself. Pick something that can have a high impact on your mood but doesn’t take too much time. A ten-minute walk in the middle of the day, for instance. Or fifteen minutes to journal in the morning before work.

Keeping small promises to yourself helps you gain a sense of control and emotional wellbeing. It will help you remove opportunities to berate yourself for not being perfect by providing you something to point to and say, “At least I did this for myself today.”

Redefine what productivity means

In our society, we often put more value on “productivity” than wellbeing. We get down on ourselves for not doing enough, working hard enough, or growing fast enough. But the reality is that like our energy, our productivity ebbs and flows over time. We may have times of intense growth followed by quieter, more restful periods. That’s normal.

However, we get into trouble when we place greater value on the “more productive” periods than the restful ones. If we measure our success against those times in our lives that we have been the most productive, we’ll always fall short of our expectations. Growth spurts and times of increased productivity are great, but they aren’t necessarily what leads to success.

Approach your life holistically

Allowing yourself the grace to move between these stages in your life and placing value on all of them is the key to both happiness and productivity. To have growth, you need to have rest. Remember, your success, whether it’s emotional, financial, or occupational, is your responsibility. Take the steps you need, big or small, to ensure you’re supporting yourself as you expand and contract within your life.

 

Photo by Alexandr Ivanov

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How to Get More Out of Every Conversation

The art of leading a productive and enlightening conversation is at the essence of success. Whether you’re conducting a job interview, talking to a client, or working with your team, you need the power to get as much out of every conversation as you can.

You need to inspire, to be purposeful and clear, to obtain and share quality information, and to connect on a human level—all of which needs to happen naturally and in as few words (of yours) as possible.

Here are a few key points you can apply to nearly every conversation you have, amplifying your impact, takeaway, and position.

Who’s at the center?

Leading a quality conversation doesn’t mean you become the focal point. Most of the time, if you position the other person at the center, you can make a greater impact. You can make the other person think you’re the most interesting person in the world, or they can leave the conversation feeling they are the most interesting person in the world.

Which would you prefer? Be honest with yourself.

While you might impress some people by espousing your thoughts, experiences, and opinions, it will do little to help you connect with and learn from them. This brings us to a critical point: setting your intention. If you want to lead a conversation where everyone goes away with your opinions and ideas swirling around in their heads, then sure, get on your soapbox and talk away.

BUT, if you intend to get information from someone while also connecting with them personally, then your focus should be on them.

Listening to hear, not to speak

Imagine a microphone: the only thing that comes out of it is what is said into it. Having a conversation with someone who spends their time waiting to speak is like becoming a microphone for the other person. It’s not fun. Or rewarding. Or engaging.

It’s just exasperating.

So how do you avoid being the person who only listens long enough to find an opportunity to speak? The first step is slowing down. Remind yourself why you are having the conversation. Ask yourself what it is you’re hoping to gain. Then ask yourself how you’re going to get there. I promise you, the answer isn’t by talking.

Learn how to ask questions

While you’ve known how to ask questions since you first learned to talk, it doesn’t mean you know how to ask the right questions.

Let’s look at two similar questions and see how they evoke wildly different responses:

  • Did you feel happy when you got the new job?
  • What was it like to get the new job?

One quick way to stop a conversation in its tracks is to ask leading or closed-ended questions. These are questions that push the response in a specific direction and simply require a yes or no answer.

What would you say if someone asked you the first question? Probably something like, “Yes, I did feel happy!” While that isn’t a bad answer, it doesn’t leave room for you to add anything else. The answer sits within the original question: “Happy,” prompting no additional thought or introspection

Now think about answering the second, open-ended question. There’s no obvious response. Your answer could go in many different directions, allowing richness and depth to develop within the discussion. Those are the types of questions you want to be asking if you’re looking for value.

Don’t resist the awkward pause

While no one loves to sit in silence, learning to do so comfortably can create something amazing. Think about the landscape of your conversation as a jumble of marbles on a mattress. You go from one marble to the next in a sometimes straight, sometimes meandering line. But there will always be marbles that don’t get picked up. 

Now, think about silence as a bowling ball put down in the center of the mattress. The ball’s weight creates a physical pull on the outlying marbles, coaxing them to roll into the dent left by the bowling ball and into the center of the conversation.

Give your conversation some intentional bowling balls. Make way for those stray thoughts or shy opinions to be pulled to the center and realized.

Move with purpose

As you practice leading conversations that produce real value, help you authentically connect, and make progress, take the time to reflect. After an especially frustrating or exciting conversation, stop and go over what made it successful or not. This process takes self-awareness, intention, and purpose. Take your time, work at it, and watch as each interaction you have becomes more valuable, impactful, and satisfying.

 

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Battling Ageism Continued: Protecting Senior Professionals

A few weeks ago, we published a blog that covered four ways you can work against ageist practices in your workplace. While it’s a good start to identifying the subtle ways ageism can sneak in, it’s essential to address some more concrete ways ageism takes place.

The numbers behind ageism

Ageism is, without a doubt, a heavy burden on the American people and our country as a whole. Last year, the AARP released a study that calculated the U.S. lost $850 billion in GDP due to ageist practices against older workers in 2018. The same study projects that by 2050, the losses resulting from age discrimination could reach up to $3.9 trillion.

These ageist practices keep older workers out of the job market, impact any dependents they have, and force family members to pick up the slack. The study found 57% of GDP revenue lost was caused by workers forced into involuntary retirement.

Rejecting the practices of ageism

Although the Age Discrimination in Employment Act (ADEA) protects workers 40 and over from being denied work and put at a disadvantage due to their age, a Supreme Court 2009 ruling made it more difficult for plaintiffs to win cases. The new ruling requires plaintiffs to prove their age was the deciding factor in their employer’s decision, removing what’s commonly called “mixed motive” cases from the table.

Last year, in response to the study and following public outcry, a bill (The Protecting Older Workers Against Discrimination Act) was introduced to the Senate to amend the Supreme Court’s decision and to make it easier for plaintiffs to make their case. Although this bill is not yet law, it shows a strong push to reject ageism and protect older workers from its destructive impact.

What can you do to ensure your organization isn’t participating in ageist practices?

Empower your employees

A straightforward way to hold your organization accountable? Ensure your employees know their rights and what to do when they feel their rights have been infringed upon. Educate your managers, hiring managers, and leadership team on:

  • Good defining traits to inform their decisions (experience, skills, compatibility)
  • What needs to be left out of the equation (age, ethnicity, gender, etc.)
  • What age discrimination looks like in the workplace (subtleties of language, hiring decisions)

Make sure your employees know they have a right to protect themselves from discrimination, and create the expectation that neither you nor they should tolerate any form of it. Create internal channels for employees to address issues and make sure they know what they can do to protect themselves.

Review your practices

When was the last time you looked at your internal practices to uncover malpractice, out of date approaches, and possible employee rights violations? Does anyone in your organization have this responsibility, or do you cross your fingers and hope nothing comes up?

Or did you do it at the start of your business but haven’t reviewed your practices in years?

Commit to continually reviewing your internal processes for hiring, promoting, and wage and hour decisions. If you have no system to examine these areas, you will be much more likely to find your business in hot water. The key concept here is to be proactive, not reactive.

Take action

There are ways to support older employees and increase their long-term impact and contributions to your organization. Also, keep in mind there are ways to make different roles more accessible to senior professionals. Consider:

  • Offering flexible hours
  • Offering part-time positions
  • Offering skills training

Making quarterly meetings to review benchmarks, wins, and growth areas will help your employees quantify their value to you and provide a record of their contribution and progress within your organization, protecting both their rights and yours.

Take on the responsibility 

In the end, organizations must shoulder the responsibility and duty to ensure they are providing just, equitable, and responsible treatment to their employees. Diversifying your workforce in any direction will allow you to grow and allow your community to grow with you. What’s right for your employees, is good for you, and what’s right for your industry, is good for your country. It’s time to step up to the plate and bat ageism out of the park.

 

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If You Care About ROI, Follow This Strategy

When you measure progress within your organization, you don’t do it by checking off each individual activity done by your team. You do it by looking at how well you’re accomplishing your overall company goals. So why do we often approach projects from the opposite direction?

A common mistake that leads to loss of ROI and efficiency stems from our human need to get swept up in the details. Now, there’s nothing wrong with getting all the details right, but details shouldn’t be first in the pecking order of priorities.

For progress to happen, you need to measure your activities. But without goals and a strategy, you can’t measure anything accurately. If you don’t have a solid plan of alignment, you won’t prioritize what actions and details need the most attention.

The flaw in quick solutions

As we’ve all learned in the last year, crises happen, and they can happen overnight. Organizational pivots can be spurred by internal and external events within your market, industry, or location. With varying levels of success, businesses responded to shifts caused by the pandemic by implementing new technology, changing processes, and rearranging priorities.

Even outside the pandemic, it’s incredibly easy for organizations to implement “solutions” to their problems, creating more friction. For instance, many organizations struggle with data duplication because they use different systems to track their prospecting and sales, marketing, and client management. The result is a chaotic mass of unusable data that provides extremely limited information to those who need it.

Here’s how to ensure your organization avoids this type of costly mistake by changing your approach to problem-solving.

Stepping back

Before you decide to implement a solution for a problem, start by following these steps.

1. Identify your core goal

Your goal should be in the context of the result you’re looking for, not the solution. For instance, “We need a system to help us manage our prospecting” is an example of a solution statement. A goal statement looks more like, “We want to make more informed decisions around how we manage our prospecting and have a smoother handoff between prospecting/sales and client management.” Starting with the goal statement stops you from identifying possible solutions before you’re ready and keeps the door open to make connections between this goal and other related goals.

2. Review department alignment

If you want to save time and resources, spend time reviewing how this goal might affect other departments; specifically, determine if it aligns with issues cropping up in those departments. In the case of data duplication, if an organization approaches marketing, sales, and client management as separate tasks, they miss what it’s all about: the entire customer experience.

Suppose they approached this issue with a broader lens. In that case, they could implement a tool to combine each of these activities under one system, resulting in no data duplication and a smoother transition between the customer journey stages.

3. Identify your KPIs

If you’re interested in measuring how well a solution is working (which you should be for several reasons, ROI aside), then identify core KPIs you can use to track a tool’s success. Keep them measurable, attainable, and specific.

To continue with the example used above, KPIs for this type of solution might involve:

  • Increased customer retention rates
  • Increased closed deals
  • Decreased time for client onboarding

Refer back to your goal statement to help you identify the results you hope to achieve.

Don’t skip ahead

If you find a new tool that seems excellent, great!

But stop before implementing it.

It’s easy to get excited about a solution without first clarifying your goal. Who doesn’t like to nerd out about new solutions? But if you don’t have processes in place to stop new solutions from being implemented before completing these steps, you’ll end up wasting time, money, and resources.

These steps should be followed for nearly every activity, process, and solution your organization implements. So even though you’re excited, stop, take a step back, and make sure you cover these bases before running ahead with your new solution. The results will be far more impactful, efficient, and sustainable.

 

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Four Ways to Fight Burnout

Even before the pandemic, employee burnout was a top concern for employers. The Mayo Clinic describes burnout as “a state of physical or emotional exhaustion that also involves a sense of reduced accomplishment and loss of personal identity.” It manifests in many ways that are quite literally dangerous for employees. Symptoms of burnout include insomnia, fatigue, heart disease, vulnerability to illness, and death.

So, let’s talk about some simple and practical approaches to fighting burnout in your workplace. First things first, employers need to take responsibility for leading the fight. It’s not your employees’ job to fight burnout on their own. Burnout is often caused by systemic issues in a company’s culture, leading to overworked employees who don’t have the time or resources to manage their workload.

It’s best to approach the fight from all angles and not assume there is a one-size-fits-all solution for your company. Here’s where you can start.

1. PTO and the benefit of benefits

MetLife’s recent study found that 86% of employees considered health insurance a “must-have” and ranked comprehensive employee benefits as one of the most critical drivers of employee well-being. The same study also found that comprehensive employee benefits were a driver for increased employee productivity and loyalty.

Ensure you’re giving your employees the support they need to take care of themselves mentally and physically. Consider offering them a week’s more PTO than you did the previous year and see what it does for employee engagement, productivity, and retention.

If you’re not sure this is the right move for your business, make an experiment out of it. Record your numbers for retention, engagement, productivity, and wellness for the previous year, and compare them after one year of offering your new plan.

2. Workload monitoring

Providing a reasonable workload is a leading factor in decreasing employee stress and burnout. While this may seem obvious, it can be a tricky task to work out exactly how much work is too much (or not enough) for your employees. Do your research and develop a strategy for identifying when workloads are too high and when they need to be decreased and spread out.

Involve your employees in this process. They can help you gain insight into the ebb and flow of their workload and inform you how to best respond to the challenges they face. Make sure to keep an open dialog between employees and managers and encourage honesty.

3. Human management

This leads us to understanding the different causes of burnout and how to address them. While burnout is often a direct result of a failure on the company’s behalf to manage employees strategically, sometimes it results from external issues.

The year 2020 is an excellent example of how employees may deal with the same workload they always have but struggle to keep up due to added stress from their environment, like:

The minute you ask an employee to put aside their needs, you set your company and your employee up for failure.

Design a culture that recognizes productivity naturally ebbs and flows along with our ability to manage stress, workload, and well-being. Allow your employees to be human and open about their challenges. If an employee feels like they can take a day off or ask for extra help on a project without retaliation, their stress level won’t rise, and they’ll be better equipped to get back on track and manage their workload like the dedicated employee they are.

4. Recognition

MetLife found that employee recognition was the ultimate driver in increasing productivity, engagement, and loyalty, and decreasing stress, burnout, and depression. A simple “thank you” or “great job” can be the difference between an employee feeling burned out and feeling accomplished. There are many creative ways to celebrate and acknowledge your employees, so there isn’t a good excuse for not doing it.

Looking forward

This may be an old topic, but it’s never been more relevant. As you move into 2021 and the decade beyond, you must maintain a sincere effort to help your employees lead healthy lives at work and at home. Fighting burnout will save you money, protect employee health and well-being, and give you both stronger legs to stand on.

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Kicking Ageism Out of Your Workplace

Ageism is an established problem HR departments battle. Laws and organizations have been founded upon the need to protect workers from ageist practices. A report by Glassdoor in 2019 found nearly half of respondents in the US had witnessed or experienced ageism in the workplace. It also found that younger employees, aged 18-34, were more likely to witness or experience some form of discrimination in the workplace. In the UK, for example, 48% of adults (aged 18-34) experienced ageism in the workplace, in contrast with 25% of employees aged 55+.

You might be thinking, “Wait, I thought ageism was about older employees?”

Here’s the deal.

Ageism is about senior employees, but it also encompasses young employees. It’s as easy to assume an older employee won’t know how to use new technology as it is to assume a younger employee can’t handle the responsibility of important work.

To protect your workplace from ageist policies, attitudes, and culture, take these steps.

Use your words carefully

A lot can be conveyed by how we talk to one another. What feels like harmless turns of phrase can make a considerable impression and convey held biases we may not be aware of. For instance, referring to a younger employee as a “kid” can mean you view them as a child. Think about what you’re saying and why you’re saying it. Words conveying a dismissive, slighting, or negative connotation can pop into our vocabulary without much thought but can do serious harm to an employee’s experience.

Think before you ask 

One incredibly unprofessional, but common experience young employees have is to be given irrelevant tasks. For instance, an employee in their twenties just out of grad school gets called into their boss’s office. Instead of getting a real assignment, they’re asked to pick up the boss’s cat and take it to the vet. Oh, and while they’re at it, pick up some cat food from a store across town.

Passing off personal tasks to young employees, often with the title of Assistant, is unfortunately all too common. These behaviors show a lack of respect for the employee’s experience, skillset, time, and contribution.

Review your demographics 

One way to spot ageism in your workplace is to evaluate the demographics of the people on your team. For instance:

  • Do you have a predominantly young or old team?
  • Do people in your field tend to be older?
  • Do you discount younger professionals because you don’t think they can handle the role’s responsibility?
  • Do you assume older people within the field won’t be as agile or technically capable?

Your workplace demographics are a great place to start when looking for patterns in your hiring practices that might be weeding specific demographics out of your talent pool.

Where you offer opportunities

Beware of assuming the only people who want growth opportunities and new training are younger employees. Development programs, unique and challenging opportunities, new tech, and strategy shouldn’t belong to only one demographic. Ensure you offer these opportunities to your team equally, providing room for growth and development to everyone.

Don’t get complacent 

Ensuring your workplace is both in compliance and a positive environment for people of all demographics takes commitment, effort, and diligence.

This isn’t a conversation you should have once and move on. Diversity, inclusion, and anti-discrimination should be an ongoing conversation and priority for business leaders across industries. Train your managers to catch their own biases, recognize ageist practices and mentalities, and address it when they see it. Teach your employees to do the same and build a system that acknowledges and responds appropriately to employees who speak up.

Creating a safer, more inclusive environment won’t just protect you from lawsuits but protect employees so they can flourish and grow within your organization.

 

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