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Forbes
08-08-2025
- Business
- Forbes
12 Factors To Consider When Overseeing Employment Contracts
For HR leaders and managers, employment contracts and agreements are critical tools for setting expectations, protecting the organization and establishing trust with new hires. But as laws evolve, roles shift and new technologies emerge, it's not always straightforward to create documents that are both compliant and future-ready. From compliance with local regulations to the clarity of contract language, there are several factors that can shape how effective and sustainable an employment contract really is. To help HR teams best support their people and their organizations, the members of Forbes Human Resources Council share 12 considerations to keep in mind when drafting and managing employment agreements. 1. The Feasibility Of Contractual Obligations Do not overcommit the organization to contractual obligations that may become unsustainable in the future. Take, for example, promised benefits that ultimately could not be delivered due to medical underwriting restrictions. Another example is offering 'golden handcuffs' that could complicate matters if the organization needs to raise capital, sell the company or end the employment relationship. - Richard Polak, American Benefits Council 2. Compliance With Local Labor Laws Ensure that the contract complies with local labor laws for that particular area. Labor laws vary not only across different states, but can also vary greatly across different countries. Take the time to fully educate yourself on the specific local labor guidelines before anything is sent to the candidate. It could save you from substantial employment issues at a later time. - Janet Vardeman, Avanade 3. Clarity For All Parties One word: clarity. It's imperative that both parties fully understand the terms, expectations and benefits. Clear agreements avoid misunderstandings and help build trust from the start. This helps in setting the tone for a strong working relationship. - Sourabh Deorah, 4. Alignment With Pay Transparency Directives HR leaders employing within the EU must ensure their employment contracts comply with the EU Pay Transparency Directive—effective June 2026—by avoiding clauses that restrict employees from discussing their pay. Pay secrecy clauses or confidentiality of pay clauses are now prohibited, as transparency is key to identifying and addressing pay gaps and ensuring equal pay for equal work. - Hayley Bakker, beqom 5. The Human Impact Of Promises Every word in a contract represents a promise—and people remember when those promises are broken. HR leaders must balance legal precision with human impact. Contracts aren't just documents; they're commitments that shape trust, safety and the employee experience from day one. Don't just protect the company—protect the relationship. - Nicole Cable, Blue Zones Health Forbes Human Resources Council is an invitation-only organization for HR executives across all industries. Do I qualify? 6. The Need For Compliance Reviews In a rapidly evolving legislative climate, employment contracts and agreements will need to be reviewed with compliance in mind every single time an offer is extended, regardless of size or location. Taking the precaution protects the organization and the employee. It's good business sense. - Caitlin MacGregor, Plum 7. Clearly Outlined Terms, Conditions And Obligations The first rule is always to consider that an employment contract is an important agreement between an employer and an employee; therefore, outlining terms and conditions clearly and comprehensively is crucial. Secondly, it serves as a strong legal protection for both parties; therefore, it is essential to outline the obligations properly. Finally, ensure it's within the legal framework. - Dr. Nara Ringrose, Cyclife Aquila Nuclear 8. Current Realities And Future Strategy Context matters—and so does direction. Contracts created during uncertainty, business transformations or restructuring often solve for now but miss the bigger picture. Align terms with both current realities and future strategy. Misaligned clauses, like equity, severance or remote work, can create costly friction later. Partner with legal, but lead with a business lens focused on now and next. - Nicole Brown, Ask Nikki HR 9. Alignment Of Legal Precision With Cultural Transparency Clarity is everything. Vague language around expectations, role scope or termination terms creates confusion and risk. HR leaders must ensure contracts reflect current realities, not outdated templates. Align legal precision with cultural transparency so what's written matches how people actually work, grow and exit. Contracts should build trust, not just compliance. - Apryl Evans, USA for UNHCR 10. Consistency Across Jurisdictions A key aspect is clarity and consistency across jurisdictions. Especially when working globally, employment laws can vary dramatically. Ensuring that contracts are compliant, unambiguous and aligned with both local regulations and company guidelines helps to prevent cost-intensive legal disputes and protects both employer and employee. - Daniel Salamon, DS Leadership Advisory 11. Flexibility For Role And Organizational Change Future-proof the contract and also provide current flexibility by setting out the expectation for organization and role change within the contract. It is expected that the candidate will evolve with organizational needs. Viewing the contractual agreement from immediate need to future need ensures it does not become a static and outdated agreement that loses value over time. - Angela O'Donovan, UCC 12. Permissions For Digital Agents As agentic AI continues to build its presence within the workforce, HR leaders must begin defining access and accountability just as they would with human contractors or employees. Employment agreements may soon include digital agent permissions: what systems they access, what actions they take and how they're governed. Without clear "agent access profiles," autonomy can become risk, not leverage. - Dr. Timothy J. Giardino,
Forbes
08-07-2025
- General
- Forbes
Acknowledging Employees' Generational Differences Is Vital
Senior advisor, global affairs, at American Benefits Council. Global HR specialist developing innovative HR and benefits strategies. Until recently, I believed that people—regardless of their generation—were driven by the same basic drivers and needs: recognition, security and purpose. I'd heard the buzz about generational differences, but I always thought it was overblown. People are people, right? Or so I thought. The Parenting Moment That Changed My Perspective I grew up in a Baby Boomer household where discipline was strict and voices were often raised. My father believed in tough love, and I carried much of that approach into my first marriage, when I became a father of two Millennials. Now, in my second marriage, I have a five-year-old, who's a member of Generation Alpha. My wife, born to Generation-X, has a noticeably different parenting style than what I was raised with or embodied. (She's a lot more measured.) You'd think having such a generationally diverse family would make me an expert on our differences. But it wasn't until recently that I began to truly understand just how much has changed. The moment of reckoning was confronting my 18-year-old son after he'd forgotten to walk the dog for the third time. He was glued to his phone as I tried to talk to him, so I raised my voice to get his attention. I'd done it countless times before, but in this moment, my five-year-old piped up from across the room with a startling observation: 'You yell a lot!' His words stopped me cold. In my childhood, such boldness would have earned a swift punishment. But here was my youngest son, not only unafraid to speak his mind but able to do so with an honesty that cut straight through me. At first, I tried to explain myself. 'I raised my voice because your brother wasn't listening.' His response? 'There are other ways to talk to people.' That simple statement hit me harder than any lecture or management seminar ever had, challenging not only my parenting but my entire worldview. It made me pause and reflect on how different his upbringing is from mine. I realized that, in his world, respect isn't something demanded by authority. It's earned through understanding and communication. I was faced with an uncomfortable truth. What worked for my generation doesn't necessarily work for his generation—or my older children's, for that matter. And these changes, while occasionally subtle, are drivers that affect how we interact with others in the world, including in the workplace. Multigenerational Workplaces Need A New Approach For years, I resisted the idea that younger generations were fundamentally different from mine, but now I see how much our culture has changed. Instead of believing in command and hierarchy, Millennials and Gen-Zers prioritize communication and collaboration. They've been raised in environments where their voices matter, and they're encouraged to express themselves. So naturally, those expectations carry over into their professional lives. According to Deloitte, Millennial and Gen-Z employees tend to reject traditional corporate structures. They want to work in purpose-driven environments where their ideas are valued and their contributions are recognized. Team members from these generations expect leaders to support their professional development and approach feedback as a conversation, not a lecture. These shifts, as well as my new perspective, have led me to rethink how those of us in HR are designing our organizations' programs and workplace strategies. One-size-fits-all approaches are no longer enough. The newer generations want to be engaged and empowered to create their own success. So, we need to foster a culture of compassionate productivity. Accountability must be coupled with psychological safety, and leaders should encourage open communication, mentorship and collaboration. Adapting to these changing expectations is vital for employee satisfaction. As Deloitte's research shows, when people feel heard and understood, they're more engaged and productive. And when organizations embrace generational differences instead of resisting them, they create cultures where everyone can thrive. We Must Understand All Generations To Move Forward Understanding generational differences isn't about drawing lines between 'us' and 'them.' It's about really listening and being willing to adapt. My five-year-old taught me that there are other ways to talk to people, and I'm learning how to apply that to leadership as well. Embracing change isn't just necessary; it's transformative. And if we let them, the youngest voices can have the biggest impact. Forbes Human Resources Council is an invitation-only organization for HR executives across all industries. Do I qualify?
Miami Herald
17-03-2025
- Health
- Miami Herald
Why Florida wants companies to turn over personal data about customers' prescriptions
Business groups are raising privacy concerns after state regulators requested detailed data on Floridians' prescription drugs, including patients' names and dates of birth and their doctors. The Office of Insurance Regulation is demanding the unusual trove of data from pharmacy benefit managers — health care industry middlemen that Gov. Ron DeSantis and others have blamed for skyrocketing drug prices and monopolistic behavior. The companies were asked this year to turn over claim reimbursement data for every prescription drug they filled in Florida in 2024, possibly hundreds of millions of transactions. The state did not answer when asked how many companies have complied. It said it wanted the data to better understand the companies' practices. Industry groups have pushed back, arguing that regulators haven't given a good reason for why they need such detailed information. The state's demand 'impermissibly violates the health privacy and security of millions of Floridians,' the American Benefits Council wrote to Florida Insurance Commissioner Mike Yaworsky in February. The organization, which asked the state to withdraw its request, represents hundreds of the world's largest corporations. Many of its members use pharmacy benefit managers to manage their employees' health plans, but some are insurers and pharmacy benefit managers themselves. Critics of pharmacy benefit managers said the concerns over patient privacy are reasonable. But the Office of Insurance Regulation said the request was 'in the best interest to protect consumers.' Officials also lashed out at critics. 'These 'raised concerns' are clearly from those who do not want to be regulated or have any oversight in their industry,' a spokesperson told Bloomberg News, which first reported news of the request. The office wrote that it has had no data breaches, while the health care industry was 'the most breached sector in 2024.' (Hackers stole HIV test results and other sensitive information on 729,699 Floridians at the Department of Health, a separate state agency, last year.) Another industry trade group raised the prospect that the state is using the data to identify doctors providing illegal abortion services or transgender treatment for minors, but there is no evidence that's the case. The Office of Insurance Regulation told the Herald/Times it requested the detailed information as it probes the pharmacy benefit manager industry for the first time, thanks to a 2023 law that gives the state more oversight. Taking on pharmacy benefit managers has been a DeSantis priority. He touted the 2023 legislation as an appeal to seniors during his failed run for president that year. The data requested by regulators under the new law could be used to uncover the workings of one of the most opaque parts of America's bloated medical system. 'It is important to be thorough in order to establish a baseline,' spokesperson Shiloh Elliott said in a statement. Pharmacy Benefit Managers Pharmacy benefit managers emerged in the 1960s when employee health plans began offering workers a new benefit: coverage for prescription drugs. Before then, drugs were relatively cheap. Patients could get their prescriptions filled at nearly any pharmacy and pay out of pocket. But when insurance plans began covering prescriptions, they turned to pharmacy benefit managers to process the claims and monitor the costs. The benefit managers' purpose was to drive down costs by negotiating with pharmacies and drug makers to get the best prices for the insurer and its patients. The industry's business model has changed drastically since then. Pharmacy benefit managers created their own pharmacies, merged with insurance companies and struck secret deals with drug manufacturers, driving up costs. A New York Times investigation last year found that pharmacy benefit managers steer patients toward pricier drugs, charge steep markups on what would otherwise be inexpensive medicines and extract billions of dollars in hidden fees. Other state and federal regulators have made similar accusations in recent years as awareness of the industry has grown. The three biggest pharmacy benefit managers are owned by CVS Health, Cigna and UnitedHealth Group and process 80% of all prescriptions in the United States. 'People keep calling them the middlemen,' said Antonio Ciaccia, president of 3 Axis Advisors, a consulting firm that investigates America's drug supply chain. 'They're the whole system at this point.' Increasing oversight DeSantis pushed the Legislature in 2023 to dramatically increase oversight of the industry. The law subjected pharmacy benefit managers in Florida to examinations every two years, starting in January this year. It's not unusual for regulators to see patients' claim information. The Office of Insurance Regulation can already access detailed patient and doctor information for Medicaid recipients and employees on state health plans, for example. But the state's data demand to pharmacy benefit managers goes well beyond that, to include self-insured plans that business groups say are protected by federal law. 'There's very clear Supreme Court authority that says the state can't do that,' said Ryan Temme, a lawyer for the American Benefits Council. The organization is not seeking legal action to stop the requests, however. Protecting Privacy Corporations have used concerns over patient privacy to fight regulatory scrutiny. In the early 2000s, they argued that creating a database of doctors who prescribe opioids would violate the doctor-patient relationship. The database was eventually created and helped identify doctors and pharmacies abusing the system. When then-Attorney General Ashley Moody asked for access to the data in 2019 to sue pharmacies and drug companies for those abuses, lawmakers initially resisted on similar grounds. The data Moody received did not include patients' names or dates of birth. Patients were instead assigned random ID numbers. Ciaccia's company analyzed 350 million anonymized Florida Medicaid claims to produce a 2020 report that found pharmacy benefit managers were paying their own pharmacies much more to dispense drugs than their competitors. He said he didn't think it was critical for state regulators to have patients' names and birth dates. 'I don't think getting patient names is worth the trouble,' Ciaccia said. Michael Jackson, a retired pharmacist and former CEO of the Florida Pharmacy Association, said concerns about privacy were fair. 'Any consumer would not want the government to have access to their confidential information,' Jackson said. But as a former pharmacist who testified in support of Florida's 2023 legislation, he also questioned pharmacy benefit managers' motivations. 'What is it that the PBM industry doesn't want you to know?' Jackson said. 'Why are they hiding behind patient confidentiality?' Herald/Times Tallahassee bureau reporter Alexandra Glorioso contributed to this report.
Boston Globe
05-03-2025
- Health
- Boston Globe
Florida seeks drug prescription data with names of patients and doctors
Advertisement But the demand is sparking concerns about government overreach and patient privacy. 'You don't need such granular patient information for purposes of oversight,' said Sharona Hoffman, a health law and privacy expert at Case Western Reserve University. She added: 'You have to worry: Is the government actually trying to get information about reproductive care or transgender care or mental health care?' Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up Florida's six-week abortion ban, enacted by Gov. Ron DeSantis, a Republican, and the state's Republican-dominated Legislature, requires that doctors who prescribe abortion pills dispense them in person, not through the mail. Another Florida law banned transgender transition care for minors and made it harder for adults to seek such care. Last year, a judge struck down key parts of that law, though it is still being enforced while the legal fight makes its way through the courts. The data requested by the state could, in theory, be used to determine whether physicians are complying with those laws. It was also unclear whether any of the benefit managers had complied and turned over the information to the state. Some benefit managers and the employers that hire them to handle prescription drug benefits for their workers have also criticized the state's demand. A group of large employers, the American Benefits Council, is asking the Florida regulator to withdraw its order to turn over the information. In a letter to the state, the council's lawyers wrote that the 'demand impermissibly violates the health privacy and security of millions of Floridians,' and that the state had not clearly outlined its authority or reasons for the action. Advertisement 'We have a duty to employees and their data,' Katy Johnson, the president of the council, said in an interview. Shiloh Elliott, a spokesperson for Florida's insurance regulator, said that objections to the state's data request 'are clearly from those who do not want to be regulated or have any oversight in their industry.' She said the office 'will continue to request data in the best interest to protect consumers.' Rosa Novo, the administrative benefits director for Miami-Dade County Public Schools, which provides health coverage to about 45,000 people, said in an interview that while she appreciated the state's efforts to address drug prices, it was unclear why it would need this level of detailed information about patients and their medications. 'My doctor is the only one who should know that,' Novo said. Federal privacy law allows benefit managers to hand over limited data about individual patients in certain circumstances, such as when regulators are conducting an audit. But, according to experts, Florida's data request could violate the law because it is so broad and may go beyond what the regulator needs to conduct its review. Experts said that another concern with Florida's request is that when sensitive patient data is in multiple hands, it raises the risk of a breach in which the information may be stolen. Elliott said those concerns 'should be addressed to the actual health care insurance companies that have had countless data breaches exposing millions of Americans' sensitive information.' Florida's data order was first reported by Bloomberg. Advertisement Like other states, Florida already has access to some of the data it is seeking, such as detailed information about prescriptions that are paid through Medicaid. But that data is generally strictly walled off, accessible only to staff members whose jobs require it. Benefit managers often field requests from government regulators asking for slices of data to conduct audits or investigations. Such requests typically ask benefit managers to strip out patient names, and other identifying details, or ask for a small sample of patient claims. By comparison, Florida's data request was 'pretty expansive and unprecedented,' said Joseph Shields, the president of a group of smaller benefit managers, Transparency-Rx. Florida sought data not only on Florida residents, but also on patients who may have filled a prescription while visiting the state. Its request included patients covered through the federal Medicare program and commercial plans through employers that are regulated under federal law rather than state law, according to the regulator's letter to one benefit manager reviewed by the Times. The Prescription Drug Reform Act, the Florida law the regulator used to justify the data request, imposed new reporting requirements on the benefit managers but said nothing about a mandate requiring them to turn over such detailed patient information. Benefit managers have fiercely fought efforts to scrutinize their business practices. This article originally appeared in .
