Things you should know
Fines for federal immigration violations increased
Effective March 27, 2008, the civil monetary penalties assessed against
employers who violate immigration laws were increased. Among the more significant
fines under the revised regulation for knowingly hiring or unlawfully employing
an undocumented worker, an employer will now face civil fines of: $375-$3,200
for each undocumented individual; $3,200-$6,500 for each undocumented individual,
if the employer has previously been in violation; and $4,300-$16,000 for
each undocumented individual, if the employer was subject to more than one
cease and desist order.
While the regulation made no mention of an increase for this, employers
who are convicted of having engaged in a pattern or practice of knowingly
hiring unauthorized aliens or continuing to employ aliens, knowing that
they are or have become unauthorized to work in the United States, may be
fined up to $3,000 per unauthorized employee and/or face up to six months
of imprisonment.
Fines increased also in the areas of record retention, antidiscrimination
obligations, final notifications, and document fraud.
Workplace injuries linked to chronic health conditions
A study of workers at the Eastman Chemical Co. in Tennessee revealed that
employees who reported workplace injuries had higher rates of chronic health
conditions and risk factors than those who did not report an injury. Men
50 years and older and women 40 to 49 years old had the highest injury rates.
The group of injured employees had higher blood pressure readings, headache
symptoms, depression and metabolic syndrome (a combination of disorders
that increase the risk of developing both heart disease and diabetes that
is more prevalent with age).
The researchers conclude that wellness initiatives to address health issues
among workers should lead to a healthier, more productive workforce.
Study shows wellness programs pay off
According to a white paper, The Health and Economic Implications of
Workplace Wellness Program, by the American Institute for Preventive
Medicine in Farmington Hills, MI, a three-year study found that health risks
decreased after the implementation of a comprehensive worksite wellness
program. Each year, savings increased due to reduced health care costs,
absenteeism, and Workers’ Comp claims. In the first year the total
savings was $116 per participant and in the third year, it was $464 per
participant.
Noting that an estimated 87.5% of health care claims are lifestyle-related,
companies and employees receive many benefits from a workplace wellness
program in addition to reduced costs. These include increased employee morale,
improved employee health and increased productivity.
GAO identified $13 million in improper federal Workers’
Comp payments
One of our tenets is that mistakes are often made in Workers’ Comp.
According to a report from the Government Accountability Office (GAO), the
Department of Labor’s Office of Workers’ Compensation Programs
(OWCP) is ineffective in managing improper payments. OWCP staff reported
that quickly processing claims had a higher priority than detecting and
recovering improper payments and that processing deadlines prevented payments
from being quickly cancelled when the claimant returned to work or died.
From a review of a sample of claims files for overpayments identified by
OWCP in 2006, GAO found that many occurred because claimants did not notify
OWCP in a timely manner when they returned to work. Errors also contributed
to the overpayments. |