Compliance & Policy
Legal/Compliance Year In Review
The election cycle and an increasingly empowered federal judiciary have resulted in a fair amount of activity on the regulatory front over the last year.
October 6, 2024

Key Takeaways

  • The election cycle and an increasingly empowered federal judiciary have resulted in a fair amount of activity on the regulatory front over the last year.
  • Major regulatory actions include areas such as accommodation protections for pregnant workers, retirement planning, and banning non-compete agreements.
  • The most impactful decision from the Supreme Court from a business perspective may be Loper Bright Enterprises v. Raimondo, which overturned Chevron and may result in a dramatically different regulatory framework than what we’ve seen over the last 40 years.

ARTICLE | Legal/Compliance Year In Review

The 2024/2025 term for the US Supreme begins the first Monday in October. 

In the next installment of this series, we’ll cover some of the major cases that the Court is expected to hear throughout the coming term, as well as how the potential range of decisions may affect some of the issues most relevant to business, labor, insurance, and workforce management. 

In the meantime, however, on the final day of the 2023/2024 term, we thought it might be beneficial to take a look back at some of the legal and regulatory issues that have shaped these topics over the last year - including Supreme Court rulings, agency rules, and beyond -  as preface for the arguments that will be unfolding before the Supreme Court from tomorrow through April with decisions handed down next summer. 

What follows is a collection and summary of some of the most relevant entries over the last year into our Legal/Compliance Roundup blog series, which are posted monthly here

Noteworthy Judicial Cases & Developments

Non-Competes Banned, Then Ban Put On Hold

The FTC banned non-compete agreements last year, but shortly thereafter a federal judge in Texas issued a ruling that currently applies nationwide and overturns the FTC’s rule banning non-compete agreements.

The judge indicated that the ban is too broad and that the FTC is limited to challenging unfair competition on a case-by-case basis but lacks the authority to issue a blanket ban and the evidentiary basis to justify such a ban were it permitted.

The FTC has until the latter part of October to appeal the decision, but the non-compete ban will likely remain unenforceable in the meantime.

That said, other cases addressing the non-compete ban are working their way through other federal districts, and should one of those cases rule differently, these issues may get fast-tracked for resolution by the US Supreme Court.

Federal Tip Credit Rule Is Simplified

On August 23, 2024, the Fifth Circuit Court of Appeals overruled the Department of Labor’s 80/20/30 rule for tip credits.

As a result, employers no longer need to distinguish between tip-producing and tip-supporting work when calculating tip credits.

It is important to note that this ruling only applies to the federal DOL rule, and does not affect any state or local labor rules regarding minimum wage and/or tip credits.

You can read more about the 80/20/30 rule being vacated here

Supreme Court Sides With Employee In Title VII Discrimination Interpretation

The case at issue involved a male employee replacing a female employee who was transferred to a new department where her pay and title remained the same but her scope of duties, schedule, and some job perks did not.

The Court held that a job transfer did not need to have caused ‘significant’ harm to an employee in order for the employer to have violated Title VII.

Supreme Court Ends Chevron Deference

The Supreme Court parted with precedent and abandoned the Chevron deference doctrine that has guided regulatory rulemaking for the last 40 years. 

When Federal agencies enforce the laws that Congress writes, they often have to make judgment calls in interpreting the statutory language about how to practically go about accomplishing the intentions of the law. 

For the last 40 years, those agencies have relied on Supreme Court precedent requiring courts to defer to the agencies’ judgment calls in interpreting how to enforce federal statutes so long as there was some ambiguity about what the statute intended that the agencies had interpreted in a reasonable manner. 

That deference was especially relied upon when agencies were interpreting federal laws that were written a long time ago, like the Fair Labor Standards Act, which was written in the 1930s when working conditions, and American life for that matter, were very different.

With the Supreme Court’s latest decisions in the cases of Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo, however, that deference previously afforded to federal regulators in interpreting ambiguous federal laws and filling in the gaps will now be shifted to the federal courts.

While the rulings will not overturn all previous decisions that have been based on the deference previously afforded executive agencies, of which there are thousands, those previous challenges are now ripe to be litigated, only now the government will have to justify their interpretation of the statute and their resulting authority to take a given action with persuasive reasoning, which will likely prove to be a much harder standard for federal regulators to meet.

It may take some time before major effects from this decision start being felt, but the regulatory landscape will likely look very different in the next 5 years than it has for the past 30, and at the very least there is likely to be significant confusion in the meantime.

Noteworthy Executive & Regulatory Developments

Federal Contractor Wage Determination

Back in October of 2023, The US Department of Labor began implementing a rule that updated the Davis-Bacon Act in a comprehensive way for the first time in more than 4 decades.

According to the updated regulation, if a given federal construction contract is meant to include a wage-determination calculation but that calculation is omitted within the contract, contractors are now required to reimburse any employees who may be negatively affected by the omission, and the federal agency responsible for contracting must reimburse the contractor accordingly.

You can read more about the new rule here.

Secure Act 2.0 

The Secure Act 2.0 took effect at the beginning year, ushering in some sweeping changes to retirement planning and savings administration in the US, including: 

  • Mandatory 401k Enrollment: Most companies with more than 10 employees that have been in operation for at least 3 years will be required to automatically enroll employees into their 401k plan with between 3% and 10% automatic contributions. There’s also a tax credit available for many companies to cover the additional administrative burden of automatic enrollment.
  • Starter 401ks With No Employer Match Requirement: The expense of matching employee contributions has deprived many employees over the years of the benefits of having a 401k account even in the absence of matching employer contributions, which should no longer be an issue under the new law. 
  • Increased Catch-up Contributions: The amount of annual contributions that employees can begin putting into their 401ks at age 50 is being increased by 50% from $6,500 to $10,000, and that limit is now indexed to inflation to ensure it keeps up with the cost of living.
  • Increased Emergency Savings Account Flexibility: Despite more than 4 in 10 US workers expressing a desire to be automatically enrolled in an emergency savings account program through their employer, only about 1 in 10 employers offered such an opportunity as of 2022. The Secure Act increases the flexibility and ease with which employers can now offer such accounts via withholding as much as 3% of opting-in employees’ paychecks up to $2,500 to be placed into said emergency savings accounts, from which employees can then withdraw their money untaxed up to four times a year with no penalties whatsoever. 

Defining Employees vs. Independent Contractors

In determining whether a given worker should be classified as an employee or as an independent contractor, as of March 11, 2024, the Department of Labor effectively reverted back to ‘the economic reality’ test.

The economic reality test takes  into account the following 6 factors when evaluating workers' employment status and classification:

  • Whether it is possible for the worker to either profit or lose money as a result of the arrangement;
  • What investments have the employer and worker each made toward completing the work;
  • Is the working relationship a more permanent arrangement or more temporary;
  • How much control does the employer exert over the worker’s process;
  • How crucial is the worker’s output to the employer’s business; and
  • The levels of skill and initiative possessed by the worker.

You can find more information from the DOL on determining employee and contractor status here.

Further, the Internal Revenue Service released an information letter that clarifies the primary factors that determine whether a given worker should be properly classified as an employee or as an independent contractor for tax purposes. 

When making this determination, the main consideration is how much control and autonomy does the worker have in doing the job, which can be analyzed in light of three primary factors: 

  • Behavioral Control: The main question to ask when assessing whether a worker is subject to the behavioral controls of a supervisor and should therefore rightly be classified as an employee is whether or not the recipient of the worker’s services has the right to control or direct how the work is done. Providing the worker with training or instructions on how to complete the required task and/or providing an evaluation of the worker’s performance or an evaluation of the work itself upon completion might all be indicative that the worker should be classified as an employee.
  • Financial Control: Whether the recipient of the worker’s services has control over the financial aspects of the job is another important consideration when assessing employment status. For example, some good questions to ask are how was the method of paying the worker determined, has the worker made a significant investment in order to complete the work (as well as if/how reimbursements were involved), and is there an opportunity for the worker to profit or incur a net loss as a result of their work. 
  • Relationship Between Worker and Work Recipient: The relationship between the parties is not only determined by their agreements and contracts but also by their other actions with respect both to the work and to each other. How each party represents the nature of their relationship to others - including other employees and/or contractors -  can also factor into the determination, in addition to whether or not the worker offers similar services more broadly to the market in general.

The IRS also noted that while it can not make determinations as to whether or not a prospective employee would properly be classified as an employee or independent contractor, the IRS will issue a letter ruling on prior employment status which can then be applied to all other workers engaged under substantially similar circumstances. 

Employers Who Reject Job Applicants Due to Credit Reports Must Provide Credit Rating Agency Info 

On March 20, 2024, the Consumer Protection Bureau began enforcing its rule requiring Employers that reject job applicants due to information obtained through a credit report to provide the rejected applicant with information about the credit reporting agency from which the report was obtained, including name, address, and telephone number.

This rule, which went into effect in April of 2023, is an update to 2018’s Summary of Your Rights Under The Fair Credit Reporting Act.

You can read more about the new rule, its impact, and enforcement here

Pregnant Workers Fairness Act

The final regulations in support of the Pregnant Workers Fairness Act (PWFA) went into effect on June 18, 2024.

Some of the accommodations that the final rule presumes to be reasonable absent an especially significant justification for denying the accommodation, including allowing pregnant employees to: 

  • Take breaks to eat and drink;
  • Keep water nearby;
  • Use the restroom as needed; and
  • Sit or stand as needed

The rule also places a number of limitations on when employers can require supporting documentation in order for employees to request or receive accommodations under the rule, allowing employers to request such documentation only when it is reasonable under the circumstances.

The final rule also requires accommodations for medical appointments and defines certain terms broadly enough to require accommodations for medical care involving fertility, contraception, and situations when pregnancies abruptly end whether willfully or not. 

You can find the final rule here.

OSHA Hazardous Industry Electronic Submission Requirements

In addition to submitting form 300A, firms that have at least 100 employees and operate in industries that have been designated as hazardous must electronically submit data from their injury and illness logs.

You can find additional information about OSHA electronic submission requirements here.

New Notice Requirements For Enrolling and Re-enrolling Certain Policies

A new federal rule addressing short-term limited duration insurance and independent non-coordinated benefits like fixed indemnity and specific-disease or illness policies was published on April 3, 2024. 

The rule is the result of a joint effort between several federal agencies and includes a requirement that the first page of any materials marketing application enrollment and re-enrollment must include notice to potential and current policyholders that the policy does not provide comprehensive benefits. 

This notice requirement takes effect for applicable policies issued or renewed after January 1, 2025. 

You can find that new rule here

New FLSA Minimum Wage Poster

The Department of Labor released a new iteration of its Employee Rights Under Fair Labor And Standards Act Poster, which employers are required to display. 

You can find that FLSA poster here.

Overtime/Minimum Wage Exemption Threshold Increased

The Department of Labor increased the pay thresholds for Executive, Administrative, and Professional employees (EAP) including salaried computer workers, and Highly Compensated Employees (HCEs) to remain exempt from federal minimum wage and overtime laws.

On July 1, 2024, the EAP exemption threshold increased from $35,568 to $43,888. That threshold number is also set to rise again the following year on January 1, 2025, when the EAP exemption minimum annual salary rises to $58,656, after which automatic increases will begin July 1, 2027, and every three years after that. 

The increase in the minimum HEC exemption threshold follows a similar path, with the first increase up to $132,964 beginning today, before increasing again to $151,164 on January 1, 2025, and every three years after beginning on July 1, 2027. 

The overtime and minimum wage exemption threshold for computer workers that are paid hourly remains at $27.63 per hour, while the threshold for computer workers paid on a salaried basis is linked with the EAP minimum. 

Barring any unforeseen changes or court-initiated interventions, the first exemption-threshold increases are set to take effect in one month. 

In preparation, employers and human resources professionals may want to identify all the employees who may be affected and assess whether to increase their pay in accordance with the rate increases or whether it is better to begin paying them overtime (and minimum wage if applicable) instead. 

You can find more about these exemption threshold increases here

HSA & HDHP Inflation Adjustments Announced

The IRS announced the 2025 adjustments to health savings accounts and high deductible health plans:

The self-coverage limit increased by $150 to $4,300 while the family coverage limit increased by $250 to $8,550.

  • There was a $50 dollar increase on the minimum annual HDHP deductible, bringing it up to $1,650, while the family coverage deductible rose by $100 up to $3,300. 
  • The maximum yearly out-of-pocket expenses for single coverage HDHPs, including premiums, deductibles, and other related expenses) rose by $250, up to $8,300, while the family coverage equivalent increased by $500, up to $16,600

You can read more about the adjustments here

ACA Affordability Threshold Increase

Large employers with an average of 50 or more full-time employees or the equivalent are required to either offer employees minimal, affordable health coverage or they must pay a penalty in the event that an employee secures health coverage with a premium tax credit via the exchanges. 

In 2025, the threshold for what qualifies as affordable coverage increases from 8.39% to 9.02%, which means that an employee’s required contribution to the plan can be no more than 9.02% of their salary in order for the plan to be considered affordable, which allows employers to avoid potentially paying the penalty. 

You can read more about the affordability threshold here.

Noteworthy Policy Developments

Universal Paid Sick Leave Is Overdue

A recent piece from the Center for American Progress makes the case that universal paid sick leave leads to better outcomes for employees and employers alike.

The authors argue that a federal policy is necessary to supersede the patchwork set of rules and regulations on state and local levels in order to provide a more equitable competitive landscape among companies doing business all across the country.

Further, the benefits of universal paid sick leave wouldn’t stop with employers and their families, or even with the companies themselves who can expect to see increased productivity and reduced turnover as a result, but even public health and the US economy as a whole would see net gains from the enactment of universal paid sick leave legislation.

You can find the relevant data and analysis here

Workplace Psychological Abuse Regulations

Supporters want to see the Workplace Psychological Safety Act become the new template across the country for how psychological abuse is reported, managed, and prevented at work.

Unlike many current laws addressing workplace harassment, the Workplace Psychological Safety Act has no requirement that ties the bullying behavior to protected status on the part of the victim, thus removing one of the major obstacles to complaint filing and dispute resolution. 

The model legislation requires employers to: 

  • Promptly investigate complaints of workplace psychological abuse;
  • Implement policies aimed at combating abuse; and
  • Submit diversity metrics and abuse reports quarterly, which will then be made available via public search in an effort to increase transparency and incentivize compliance.

The model legislation also enables victims of on-the-job psychological abuse to:

  • Request internal investigations by their employers in order to circumvent some of the red tape that can sometimes bog down investigations conducted by state agencies; and
  • Sue employers for failing to adequately address the abuse in accordance with the law. 

While the Act has yet to be enacted by any state legislature, the momentum seems to be building, with statehouse support in Rhode Island, Massachusetts, and New York.

Pre-Tax Deduction Primer

Forbes Advisor published a helpful piece that breaks down some of the key aspects involving pre-tax deductions, what is permissible, what isn’t, and how they work.

The core idea behind pre-tax deductions, of course, is that they can benefit employees directly in some way while also reducing their taxable income. 

Some examples of pre-tax deductions include contributions toward health plans, insurance coverage, dependent care, and transportation benefits, all of which can be taken from employees’ gross income prior to calculating any taxes.

It’s important to keep an eye on the compliance issues involved, however, given that many types of pre-tax deductions are capped, including some retirement accounts, FSAs, and HSAs. Also, there are eligibility requirements, specific rules for specific plans, and limitations that apply exclusively to highly-compensated employees that must all be adhered to when administering these types of programs, as well. 

You can read more about the issues involving pre-tax deductions here

Mployer’s Take

For the Executive Agencies, it was business as usual for the most part, but with the greater sense of urgency that comes in the final year of a presidential term when the future of agency leadership and policy prioritization is uncertain.

The implementation of the Pregnant Workers Fairness Act and the Secure Act 2.0 were certainly significant, but perhaps the largest and most ambitious regulatory change was the Federal Trade Commission’s ban on non-compete agreements, which has since been put on hold by a federal judge as the legality of the plan is adjudicated and makes its way through the court system.

That system and the process of regulations getting challenged in federal court is likely to see a lot more activity in the coming years, as well, in the wake of the Supreme Court’s overturning of the Chevron doctrine, which puts significantly more power in the hands of judges in terms of evaluating executive agency action.

While the impacts of the Supreme Court’s decision to abandon Chevron precedent will not be immediate, the next several years may bring with them substantial upheaval of the existing regulatory framework that has been established over the last 40 years. 

And although that kind of subtle, yet ground-shifting impact will be tough to match, in the next installment we’ll highlight some of the cases set to be heard and decided by the Supreme Court in the new term beginning this week, and given the Court’s activity over the last couple of years, some of those cases may be primed to have comparably significant impacts as to how business is conducted in the US, as well.

Workforce Management
How To Get The Most From Internal Talent Development Programs
As the value of talent increases, the cost-benefit analysis is shifting toward internal talent development over the acquisition of outside talent when it comes to ensuring your company's workforce has the necessary skills and abilities to get the job done.
October 11, 2023

For years now, locating and securing the right talent with the necessary combinations of skill sets to help the business to succeed has consistently been among the top concerns for managers and executives.

Although the labor market has softened somewhat in recent months, it still remains historically strong with national unemployment below 4%, and attracting and retaining workers capable of meeting your company’s needs continues to require an outsized amount of time, energy, and expense.

Despite the growing value that talent is able to capture on the marketplace on top of the growing costs associated with capturing that talent, most companies still rely much more heavily on acquiring talent from outside the company that already comes equipped with the abilities and experience the company is seeking instead of developing talent internally to fill those roles.

While the outside talent acquisition model may have made more sense under the market conditions in the days prior to the Great Resignation, however, as the value of talent increases, the cost-benefit analysis is shifting toward internal talent development.

To be clear, many companies have recognized these changing dynamics in the labor market and have adjusted their tactics accordingly by increasing the role of internal training, education, and promotion as means to obtain a properly capable workforce.

Still, even for a lot of the companies that have made proactive steps toward conducting more talent development in-house, oftentimes talent development infrastructure and previously established talent-development practices have become outdated, with limited application, insufficient digitization, and price points that are ill-suited to meet the needs of the modern workforce.

In order to ensure your company’s internal talent development and upskilling programs and opportunities are fine-tuned to achieve your goals, here are 5 recommendations for how managers and HR professionals can be more proactive in their efforts to optimize internal development practices:

5 Tips For Optimizing Your Company’s Internal Talent Development

  • Proactively Engage with Education Providers: Not all internal development programs need to be developed internally and you don’t have to start from scratch. Locate and contact outside entities that might have already put together the kinds of programs you’re looking for or platforms that might be compatible with your employees’ learning needs and styles. 
  • Consider a Variety of Education Providers: Explore a range of possibilities including both partnerships with traditional colleges or learning institutions as well as less-traditional options like ed-tech startups or skill-specific certification programs. 
  • Collaborate in Program Creation: Unless you find a source for a pre-existing training or education program that perfectly meets your specifications, the best bet for obtaining the optimized program is often working collaboratively to create it with a trusted partner who brings in additional, education-related perspective and value-add.
  • Consider Subject-Matter Partners Too: While working with collaboration partners that have expertise in knowledge and training delivery is a good way to ensure the programs you create are effective educational tools, it can also be a good idea to engage industry peers and potentially even competitors in order to create a program that is forward-looking with regard to the competencies and abilities that are going to be needed as the industry and/or job function evolves.
  • Budget Accordingly: The upfront investment needed to support the exploration and ultimate establishment of these kinds of training and educational programs can pay substantial dividends when employees' aptitude and desire for professional development can be brought into alignment with the needs of the company. 

You can read more about this topic here

Thought Leadership
Leveraging Benchmarking and Telehealth: A Conversation with Brent Morrell on Employee Benefits
Delve into the world of HR and employee benefits with Brent Morrell, Director of Talent at Badger Infrastructure Solutions joined Jared Koll from Mployer Advisor in our latest #HRisHard: Expert Interview Series! 
October 10, 2023

Below, find the full video, as well as a recap of their discussion on HR and employee benefits. A must-read (and watch) for HR leaders and benefits buyers seeking innovative, data-driven strategies!

Benchmarking Benefits: A Path to Improvement

Brent detailed the significance of benchmarking benefits data as a cornerstone for HR leaders. He shared an example from his role, where benchmarking led to the discovery of a trend in Emergency Room (ER) utilization among a specific category of employees at Badger Infrastructure Solutions. 

By analyzing the data, it became evident that employees working unconventional hours were resorting to ER visits as opposed to normal doctor visits, because their shifts were offset from common doctor availability. 

This revelation sparked a strategic shift towards Telehealth benefits.. Brent recounted how an entire campaign was launched to encourage the adoption of Telehealth, leading to a remarkable reduction in ER visits.

"We built an entire campaign to encourage Telehealth medicine. We were able to reduce the ER visits by over 70%."

This initiative not only proved to be cost-effective but also enhanced value for employees, showcasing the transformative impact of benchmarking benefits data.

Telehealth Benefits: Riding the Rising Tide

Telehealth emerged as a beacon of convenience for employees at Badger Infrastructure Solutions, particularly for employees working non-traditional hours. Brent underscored the concept of “rising tides lift all ships,” demonstrating how innovative solutions can simultaneously benefit both the organization and its workforce.

“That's a perfect example of where you can really find that rising tides lift all ships, where you are doing something that ultimately is giving you more cost-effective solutions but also delivering value for your employees.”

The emphasis on Telehealth showcased the potential of alternative healthcare solutions in addressing specific employee needs and improving overall well-being.

Navigating the Benefits Journey: Advice for HR Leaders

Brent shared advice for HR leaders and teams struggling to implement data-driven strategies across benefits, advocating for process-driven approaches, stressing the importance of focusing creative solutions.

"Go and ask your employees, 'Hey, what benefits are you curious about? What are you guys hearing?' Ask your recruiters."

Brent added that thinking outside the box is the best way to address these challenges, whether you’re running proof of concepts, testing ideas, or scaling successful initiatives.

Talent Matters: Purpose-Driven Newsletter

Brent also detailed his ongoing newsletter, Talent Matters, as his personal outlet to bring his experience to other professionals  and amplify his personal development.

"I write not for the purpose of becoming popular, not for the purpose of telling you I know all this stuff. Honestly, I write more for the professional development of myself."

Brent says his writing process focuses on delivering a diversity of content, with a goal of addressing top-of-mind HR topics for the professionals in his audience.

You can check out Brent’s newsletter here.

#HRisHard Expert Exit Interview

To close the conversation, Brent shared his answers in our quick-fire HR Exit Interview:

1. Karaoke Song Choice:

Brent: “Life is a Highway.” 

2. Quote You Live By:

Brent: “The answer’s always ‘No’ unless you ask.” 

3. Alternative Profession:

Brent: “Marketing and real estate would be intriguing.” 

4. Dream Living Location:

Brent:  “Living and skiing in the Swiss Alps.”

6. Go-To Dish to Cook:

Brent: “Mexican casserole”

7. Advice to Younger Self:

Brent: “Invest earlier in retirement plans and don’t believe the myths you tell yourself.”

HR is Hard. Mployer Makes it Easier

Mployer Advisor is dedicated to our community of HR and People leaders. Be sure to subscribe to our newsletter for future interviews. Know someone that would make a great guest? Contact Jared at jared.koll@mployeradvisor.com.

Economy
The Employment Situation For October 2023
The latest economic release from the Bureau of Labor Statistics reports that the U.S. added 336 thousand new jobs last month, matching the initially reported figure from the month prior, while the unemployment rate held steady at 3.8%.
October 7, 2023

Editor's Note: This report is based on survey data from September 2023 that was published in October 2023. This is the most recent data available. (Source: Bureau of Labor Statistics)

The US unemployment rate average held steady at 3.8% for the second month in a row, and in what has become a very familiar tale over the last couple of years, US employers once again exceeded expectations, adding 336 thousand jobs to their payrolls last month. 

What may be even more impressive in terms of quantifying the resilient strength that the economy has continued to display, however, is the fact that the previous two months had their initially released jobs gains revised upward by an average of about 45 thousand per month, so the job market has actually been even stronger than previously reported.

Beyond the jobs figures, however, the other primary story conveyed through this latest economic report is one of stability, where there was very little month-to-month change in most of the aggregate data points and metrics that are collected and computed. 

For example, there was no significant change in the number of people who are classified as long-term unemployed at 1.2 million, nor was there any meaningful movement in the labor force participation rate at 62.8%. 

The leisure and hospitality industry saw the largest number of new jobs added with about 96 thousand new payroll entries over the month, which is a more than 50% overperformance relative to the average growth of 61 thousand jobs per month over the past year in this industry. 

The government sector saw the next largest number of job additions at 73 thousand, followed by health care at 41 thousand, then professional services and social services which added about 29 thousand and 25 thousand new jobs last month, respectively. 

The transportation and warehousing industry saw a small increase in their ranks, while the information industry saw a comparable decrease, but the remaining industries  - including mining, retail, wholesale, manufacturing, construction, and financial activities - saw no meaningful month-to-month change in employment figures.

Average hourly earnings rose by about 0.2% or $0.07 per hour, while the average workweek length was unchanged at 34.4 hours. 

Mployer Advisor’s Take

In the face of the largest and fastest series of interest rate hikes that we’ve seen in the last 40 years, US employers are continuing to hire and are largely holding onto the talent and role players that they’ve already got.

Further, while somewhat counterintuitive given the surprisingly strong jobs report today which makes the probability of another interest rate hike when the Fed reconvenes next month all the more likely, the markets seem to have responded positively to the news and saw significant gains over the course of the day.

In many ways, it seems like the US economy keeps outdoing itself and proving its fortitude in a time when many economists once believed it would be softening if not in the midst of a full-on recession.

Perhaps instead, both the unemployment rate and inflation have found a sustainable equilibrium that can be maintained throughout this current stage of the economic cycle and are strong enough to ensure that any economic downturn on the near-term horizon is both relatively mild and short-lived. 

Only time will tell, as always of course, but for one other benchmark for good measure, it’s worth noting that as of last month restaurants and bars have finally returned to their pre-pandemic levels, which represents a significant milestone on COVIDs ongoing transition from epidemic to endemic.

If the economy’s return to normalcy has reached a place of stability, this new normal on the employment front seems to be working pretty well so far. 

Eager for more exclusive content? Check out the Mployer Advisor blog here.

Workforce Management
Increasing Employee Engagement
Employees who are engaged with their work are typically more productive and get better results, while disengaged employees can actually have a net negative impact on your bottom line.
October 6, 2023

This recent piece from The Business Journals highlights the strong correlation between companies with high employee engagement and high levels of success. 

As the authors note, not only will employees who are engaged with their work be more productive and get better results, but disengaged employees will actually have a negative impact on companies’ bottom lines, with a recent Gallup poll showing a net global economic loss of about 8.8 billion dollars stemming directly from employee disengagement.

In order to increase employee engagement, the article recommends 3 potential tactics: creating open lines of communication, adapting the work environment to meet the shifting employee needs and expectations that are revealed through those open communication lines, and measuring the effectiveness of your efforts before then sharing those findings with your employees.

Open Communication

One of the quickest ways to ensure your employees disengage is to keep them out of the loop and not reveal to them the complete picture of what the company is trying to achieve as well as how each employee's efforts fit into that grander scheme. 

In order to properly do their jobs, employees will need access to certain tactical information. Employees will also need to receive feedback regarding how well they are functioning in their specific role, of course.

In order to be fully engaged with their work, however, employees often want to see beyond the relatively narrow scope of their own duties in order to both feel more invested in the larger mission and to self-correct their own performance and output more in-line with system-wide goals. 

Take Action In Response To Feedback

To mine value from the open communication lines with employees, employers and managers must not only listen to and understand the feedback being provided, but they must also act on that information in order to shape the work environment in a way that better encourages employee engagement.

Making tangible adjustments based on feedback received also further encourages more and better feedback in a positive feedback cycle of engagement.

While there is no one single path toward building a more engaged culture in the workplace and some creativity is typically required to better capture the attention and focus of your own particular employee pool, the article does recommend several potential courses of action to consider, including rewards program updates, improved training/development opportunities, clearer metrics/targets, and offering additional work flexibility. 

Celebrate Positive Outcomes

Once open lines of communication between managers and employees have been established, it is important to then share with employees the way that managers are interpreting the feedback that they are receiving, and to specify then how those interpretations are driving the changes being implemented in pursuit of better employee engagement.

By highlighting the adjustments being made and the reasons for doing so, in addition to defining desirable outcomes sought from making those adjustments, employers and managers have the opportunity to reinforce those open communication lines and to showcase the positive outcomes that the team is able to achieve, which further solidifies engagement, as well. 

You can read more about this topic here.

Employee Benefits
Mployer Advisor Announces 2023 Winners of Third Annual ‘Top Employee Benefits Consultant Awards’ in Austin and San Antonio, Texas
Nashville, Tenn.– October 5, 2023 – Mployer Advisor, the leading independent platform for employers to research, review, and evaluate insurance brokers has named over 500 winners across more than 50 regions as part of its third annual “Top Employee Benefits Consultant Awards” for 2023. Mployer Advisor’s Top Employee Benefits Consultant Award Program evaluates brokers based on breadth and depth of experience across employer industries, sizes, insurance products, and employer reviews.
October 5, 2023

Nashville, Tenn.– October 5, 2023 – Mployer Advisor, the leading independent platform for employers to research, review, and evaluate insurance brokers has named over 500 winners across more than 50 regions as part of its third annual “Top Employee Benefits Consultant Awards” for 2023. Mployer Advisor’s Top Employee Benefits Consultant Award Program evaluates brokers based on breadth and depth of experience across employer industries, sizes, insurance products, and employer reviews. We recognize esteemed brokers that demonstrate market-leading competencies and a proven track record of success among employers, insurance providers, and peers.

Our team is proud to recognize this group of 2023 top-rated insurance advisors as part of our third annual Top Employee Benefits Consultant Awards,” said Brian Freeman, the Founder and CEO of Mployer Advisor. “Employer-sponsored healthcare and benefits cover over 150M Americans. Who an employer selects as their benefits advisor has more impact on employee cost and satisfaction with their healthcare than who an employer chooses as the insurance carrier. We have rated these brokerages utilizing sophisticated, industry-first algorithms, and we applaud the winners’ demonstrated commitment to service, quality, and positive employer feedback.”

Mployer Advisor determined the winners of the third annual “Top Employee Benefits Consultant Award” by analyzing each brokerage based on historical data, online reviews, their M Score rating, and demonstrated business experience.

The Austin and San Antonio, Texas job markets are among the most competitive in the U.S. Southwest region, employing more than 2.6 million people. Offering competitive employee benefits is a critical factor in hiring top talent for the region’s employers. Finding and partnering with a highly rated insurance consultant is imperative to retaining talent in any market.    

The recipients of the 2023 “Top Employee Benefits Consultant Awards” for Austin and San Antonio are as follows:  

 

The above winners are a snapshot of Mployer Advisor’s matrices and proprietary M Score on June 15, 2023. To view a full list of consultants in Austin and San Antonio, Texas, visit MployerAdvisor.com.  

About Mployer Advisor:  

Mployer Advisor is changing the way employers search, evaluate, and select insurance advisors. The intuitive platform connects employers and employees to great benefits and insurance plans by providing employers with actionable data to easily evaluate and select the best advisor for a company’s specific needs. Most brokerages have a profile on Mployer Advisor, which provides independent ratings of insurance advisors to support employers. Insurance brokers cannot pay to influence their Mployer Advisor rating. Only highly rated brokerages are allowed to advertise on the platform. To learn more about Mployer Advisor, visit https://mployeradvisor.com and follow us on LinkedIn.  

Disclaimer: Rankings are dynamic, and this report may not reflect the rankings currently listed on Mployer Advisor’s website. Because Mployer Advisor’s research is ongoing, interested companies that want to join next year’s list are encouraged to claim their free profile on Mployer Advisor.

Media Contact:  

Anthony Waters

Anthony.waters@mployeradvisor.com

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Employee Benefits
Mployer Advisor Announces 2023 Winners of Third Annual ‘Top Employee Benefits Consultant Awards’ in Dallas and Fort Worth
Nashville, Tenn.– October 5, 2023 – Mployer Advisor, the leading independent platform for employers to research, review, and evaluate insurance brokers has named over 500 winners across more than 50 regions as part of its third annual “Top Employee Benefits Consultant Awards” for 2023. Mployer Advisor’s Top Employee Benefits Consultant Award Program evaluates brokers based on breadth and depth of experience across employer industries, sizes, insurance products, and employer reviews.
October 5, 2023

Nashville, Tenn.– October 5, 2023 – Mployer Advisor, the leading independent platform for employers to research, review, and evaluate insurance brokers has named over 500 winners across more than 50 regions as part of its third annual “Top Employee Benefits Consultant Awards” for 2023. Mployer Advisor’s Top Employee Benefits Consultant Award Program evaluates brokers based on breadth and depth of experience across employer industries, sizes, insurance products, and employer reviews. We recognize esteemed brokers that demonstrate market-leading competencies and a proven track record of success among employers, insurance providers, and peers.

Our team is proud to recognize this group of 2023 top-rated insurance advisors as part of our third annual Top Employee Benefits Consultant Awards,” said Brian Freeman, the Founder and CEO of Mployer Advisor. “Employer-sponsored healthcare and benefits cover over 150M Americans. Who an employer selects as their benefits advisor has more impact on employee cost and satisfaction with their healthcare than who an employer chooses as the insurance carrier. We have rated these brokerages utilizing sophisticated, industry-first algorithms, and we applaud the winners’ demonstrated commitment to service, quality, and positive employer feedback.”

Mployer Advisor determined the winners of the third annual “Top Employee Benefits Consultant Award” by analyzing each brokerage based on historical data, online reviews, their M Score rating, and demonstrated business experience.

The Dallas and Fort Worth, Texas job markets are competitive in the U.S. Southwest region, employing over 4.2 million people. Offering competitive employee benefits is a critical factor in hiring top talent for the region’s employers. Finding and partnering with a highly rated insurance consultant is imperative to retaining talent in any market.    

The recipients of the 2023 “Top Employee Benefits Consultant Awards” for Dallas and Fort Worth, Texas are as follows:  

The above winners are a snapshot of Mployer Advisor’s matrices and proprietary M Score on June 15, 2023. To view a full list of consultants in Dallas and Fort Worth, Texas, visit MployerAdvisor.com.  

About Mployer Advisor:  

Mployer Advisor is changing the way employers search, evaluate, and select insurance advisors. The intuitive platform connects employers and employees to great benefits and insurance plans by providing employers with actionable data to easily evaluate and select the best advisor for a company’s specific needs. Most brokerages have a profile on Mployer Advisor, which provides independent ratings of insurance advisors to support employers. Insurance brokers cannot pay to influence their Mployer Advisor rating. Only highly rated brokerages are allowed to advertise on the platform. To learn more about Mployer Advisor, visit https://mployeradvisor.com and follow us on LinkedIn.  

Disclaimer: Rankings are dynamic, and this report may not reflect the rankings currently listed on Mployer Advisor’s website. Because Mployer Advisor’s research is ongoing, interested companies that want to join next year’s list are encouraged to claim their free profile on Mployer Advisor.

Media Contact:  

Anthony Waters

Anthony.waters@mployeradvisor.com

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