Understanding And Preventing High Blood Pressure
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
High blood pressure (or hypertension) is a common but often underestimated health condition affecting millions of people. In fact, the American Heart Association (AHA) reports that nearly half of American adults (48%) have high blood pressure—and only 1 in 4 have their condition under control. This condition puts individuals at risk for heart disease and stroke, which are leading causes of death in the United States.
High blood pressure is a serious medical condition that, if left uncontrolled, can lead to severe complications such as heart disease, stroke and kidney problems. Understanding this condition, its prevalence, risk factors, prevention and management is crucial for maintaining good health.
This article highlights the basics of high blood pressure and tips for prevention and management.
Blood Pressure Overview
Blood pressure is the force exerted by the blood against the walls of the arteries as it is pumped through the body by the heart. It’s typically expressed in two numbers: systolic pressure (the top number) and diastolic pressure (the bottom number). Systolic pressure measures the pressure in the arteries when the heart beats, while diastolic pressure measures the pressure when the heart is at rest between beats. The AHA considers a normal blood pressure reading to be 120/80 millimeters of mercury (mm Hg).
It’s considered high once the blood pressure reading reaches 130/80 mm Hg or above. High blood pressure occurs when the force of the blood against the artery walls is consistently too high, which means the heart and arteries have to work harder than usual. As a result, this condition can damage arteries and increase the risk of serious health problems.
Symptoms
High blood pressure is often referred to as the “silent killer” because it rarely exhibits noticeable symptoms until it reaches a dangerous level. The only way to know whether someone has high blood pressure is by measuring it.
Risk Factors
Several factors increase the risk of developing high blood pressure. Factors that can’t be changed or are difficult to control include:
- Gender (men are more likely to have high blood pressure than women)
- Race/ethnicity (Black adults are more likely to develop this condition)
- Increasing age
- Family history of high blood pressure
- Chronic kidney disease
- Obstructive sleep apnea
Fortunately, some risk factors can be improved or treated, including:
- Being overweight or obese
- Cigarette smoking and exposure to secondhand smoke
- Diabetes
- High cholesterol
- Physical inactivity
- Poor diet that is high in sodium, low in potassium and includes excessive alcohol
Prevention and Management
The good news is that high blood pressure is often preventable and manageable. Consider these tips:
- Adopt a healthy lifestyle. Healthy living includes a balanced diet low in sodium, rich in fruits and vegetables, and low in saturated and trans fats. Engage in regular physical activity, aim for a healthy weight, and avoid smoking and excessive alcohol consumption.
- Limit alcohol. The AHA recommends limiting consumption to no more than two drinks per day for men and one for women.
- Be physically active. Strive to get at least 150 minutes of moderate-intensity physical activity per week, such as brisk walking.
- Reach and maintain a healthy weight. A health care professional can suggest healthy approaches for losing and maintaining weight. For example, they can help you determine how many calories you need for weight loss and advise you on the best activities.
- Get regular checkups. Visit your health care provider regularly for blood pressure checks and follow their recommendations.
- Take medication as prescribed. If lifestyle changes alone are insufficient to control your blood pressure, your doctor may prescribe medication. It’s essential to take prescribed medications as directed.
- Manage stress. Practice stress-reduction techniques such as meditation, yoga or deep breathing exercises to help lower stress, which can contribute to high blood pressure.
- Monitor blood pressure levels. If you have high blood pressure, monitoring your blood pressure at home can help you and your health care provider track your progress and make necessary adjustments to your treatment plan.
It comes down to knowing what your blood pressure should be and trying to keep it at that level. Your doctor can answer any blood pressure questions.
Summary
High blood pressure is a common but potentially serious health condition that affects a significant portion of the U.S. population. Understanding this condition is essential for maintaining good health. By adopting a healthy lifestyle, prioritizing routine health care and following medical advice, individuals can take control of their blood pressure and reduce the risk of developing high blood pressure and associated complications.
Contact a health care professional for a blood pressure reading and to discuss any risk factors or concerns.
- Published in Blog
NLRB Delays Joint Employer Rule Effective Date to February
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
On Nov. 16, 2023, the National Labor Relations Board (NLRB) announced it would push the effective date of the new joint-employer rule to Feb. 26, 2024. The final rule was published in the Federal Register on Oct. 27, 2023, and was initially set to become effective on Dec. 26, 2023. However, the agency has delayed the effective date by two months to facilitate the resolution of legal challenges regarding the new rule. Notice of the extension will be published in the Federal Register.
The New Joint-employer Standard
The 2023 joint-employer standard establishes new criteria for determining joint-employer status as applied to labor issues related to the National Labor Relations Act. It will rescind the existing 2020 joint-employer standard and replace it with a more inclusive law, making it easier for employers to be classified as joint employers. Notable changes to the joint-employer standard include the following:
- Clarification of the definition of “essential terms and conditions of employment”
- Identification of the types of control that are necessary to establish joint-employer status and the types that are irrelevant to the joint-employer inquiry
- Description of the bargaining obligations of joint employers
Legal Challenges
On Nov. 9, 2023, a coalition of businesses sued the NLRB in federal district court, alleging the new joint-employer rule is unlawful, overly broad and contradictory to the common-law definition that limits joint employment to relationships of actual and substantial control of working conditions. The lawsuit further alleges that the NLRB is acting arbitrarily and capriciously in violation of the Administrative Procedure Act. The group of businesses suing the NLRB includes the U.S. Chamber of Commerce, the National Retail Federation, the International Franchise Association, the American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, and the National Association of Convenience Stores. Additionally, Senators Bill Cassidy and Joe Manchin announced they would introduce a Congressional Review Act resolution to overturn the rule.
Conclusion
The new joint-employer standard will only be applied to cases filed after the rule becomes effective on Feb. 26, 2024. Employers can prepare for the new rule by familiarizing themselves with the new standard and determining whether a more inclusive joint-employer standard will reclassify them as joint employers by the amended effective date.
We’ll keep you apprised of any notable updates.
- Published in Blog
The RISQ RECAP:
November 20th – November 24th, 2023
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Tesla Launched its Own Car Insurance. These Drivers Say it’s a Lemon. “In February, Mark Bova purchased a used 2018 Tesla Model S. Before leaving the dealer, he bought insurance from Tesla, finding the initial $93 monthly premium “really reasonable.” Sixteen days later, as he drove along the Capital Beltway to his Maryland home, he engaged Autopilot, Tesla’s automated driving system. The car started beeping and lurched left — striking a median and flipping. He escaped through a window as the car filled with smoke. An ambulance rushed him to the hospital with back injuries that later required surgery.” Full Article – Insurance Journal
Schools Look to Improve Cybersecurity, but Many Vulnerable to Ransomware “Some K-12 public schools are racing to improve protection against the threat of online attacks, but lax cybersecurity means thousands of others are vulnerable to ransomware gangs that can steal confidential data and disrupt operations. Since a White House conference in August on ransomware threats, dozens of school districts have signed up for free cybersecurity services, and federal officials have hosted exercises with schools to help them learn how to better secure their networks, said Anne Neuberger, the Biden`s administration`s deputy national security advisor for cyber and emerging technology.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Bringing It All Together — Health and Welfare Plan Fiduciary Compliance Reviews “Fiduciaries should strive to mitigate risks proactively by formalizing a fiduciary compliance review process. A solid process involves evaluating plan documents, participant communications, service provider agreements, and service provider performance to identify potential risks. Making corrections and taking steps to minimize risk can help reduce the chance of costly litigation in the future.” Full Article – Nixon Peabody
11th Circuit Affirms District Court’s Approval of the BCBSA $2.67 Billion Settlement “Employers should be aware that they may have fiduciary duties under ERISA with respect to the use of any proceeds from the settlement fund…. Unless specific guidance is issued related to the BCBSA settlement, employers may want to use the [DOL’s] MLR guidance as a reference when determining how to calculate what portion of the BCBSA settlement proceeds should be considered ‘plan assets,’ and how those funds can be used.” Full Article – Miller Johnson Snell & Cummiskey P.L.C.
Draft of 2024 IRS Publication 15-B: Employer’s Tax Guide to Fringe Benefits (PDF) “35 pages; Nov. 17, 2023. “What’s New: [1] Cents-per-mile rule [2] Qualified parking exclusion and commuter transportation benefit [3] Contribution limit on a health flexible spending arrangement.” Full Article – Internal Revenue Service (IRS)
Self-Insured Health Plans: Adjusted PCORI Fee Announced for 2024 “For plans with plan years that ended on or after October 1, 2023, and before October 1, 2024, the fee is $3.22 per covered life. Employers who maintain self-insured health plans and HRAs … need not pay a separate PCORI fee for HRA-covered lives. However, employers who provide coverage through a fully insured plan … and an HRA must pay a PCORI fee based on the HRA.” Full Article – Jackson Lewis P.C.
The Proposed MHPAEA Regulations: A Comment on the Comments “A comment letter from the Brookings Institution] expresses concern over the depth of the analysis that is required for each NQTL [and] provides a useful schematic that fleshes out the particulars. The schematic makes the point that a substantial amount of effort is involved in demonstrating compliance for a single NQTL and all steps must be repeated for each additional NQTL.” Full Article – McDermott Will & Emery
In An Era of Premium and Provider Price Increases, State Employee Health Plans Target Key Cost Drivers “The agencies that purchase health insurance for [the more than 15 million] public employees … are often the largest commercial purchaser of health care services in their state and therefore have market power to exert pressure on insurance companies and providers. Their efforts to shift health plan and provider behaviors and encourage greater efficiencies can have ripple effects for other commercial purchasers.” Full Article – Health Affairs Forefront
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
CALIFORNIA
Amendments to California’s Retaliation Law Lighten the Burden for Employees
“Governor Gavin Newsom signed Senate Bill (SB) No. 497 into law. SB No. 497, also referred to as the Equal Pay and Anti-Retaliation Protection Act, amends California Labor Code Sections 98.6, 1102.5, and 1197.5 to lessen the burden for employees attempting to establish a prima facie case of retaliation.” Full Article
– Crowell & Moring LLP
NEW YORK
How Harassment Complaints Are Handled by NYS’s Division of Human Rights
“Although intended to be less intimidating than a court proceeding, the process by which the New York State Division of Human Rights (the Division) handles complaints can be opaque and intimidating to many individuals, employers and other organizations. This article is intended to demystify things a bit.” Full Article
– Levy Employment Law, LLC
Revisions to New York Unemployment Notice to Take Effect
“Governor Kathy Hochul has signed a bill amending Section 590 of the New York Labor Law to require employers to provide employees, upon separation, with notice of their right to file for unemployment benefits with the New York Department of Labor (NYDOL). These changes will take effect on November 13, 2023.” Full Article
– Seyfarth Shaw LLP
ALABAMA
Changes to Alabama’s Tax Laws Impose New Reporting Requirements on Employers
“Three new rules will take effect this year that alter the overtime wages subject to Alabama withholding tax and employers’ requirements in reporting those newly exempt wages. On October 31, 2023, the Alabama Department of Revenue’s Income Tax Administration issued three final rules that take effect December 3, 2023, and will cover all tax years beginning after December 31, 2023, and ending prior to June 30, 2025.” Full Article
– Littler Mendelson P.C.
ILLINOIS
Proposed Regulations for the Illinois Paid Leave for All Workers Act Offer Employers a Mixed Bag for Compliance
“The Illinois Department of Labor (IDOL) published much anticipated proposed regulations interpreting the Illinois Paid Leave for All Workers Act (the “Act”) set to take effect January 1, 2024. The Act will require nearly all covered Illinois employers to provide its covered employees up to 40 hours of paid leave per year, to be used ‘for any purpose.’” Full Article
– Littler Mendelson P.C.
- Published in Blog
Snowplow Safety
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
As the operator of a snowplow, it’s crucial to recognize the approaching winter weather and understand that cities and municipalities will rely on your skills to clear snow and ice from their roadways. While snowplows are valuable winter tools, it falls on you to ensure their safe operation.
Read on for more information on the safe operation of snowplows, and prepare for a winter season that prioritizes both efficiency and safety.
Snowplow Safety Tips
Operating snowplows in wintry conditions can present several risks. Here are safety tips to consider when using them to help ensure your and others’ safety:
- Get a good night’s sleep. This promotes heightened alertness, better decision-making, reduced fatigue and increased safety on treacherous winter roads.
- Review your route to be ready for steep hills, intersections, sharp turns, narrow streets, changes in surfaces and other potential hazards (e.g., speed bumps, low limbs, railroad tracks, mailboxes, utility covers).
- Perform a pre-trip inspection on your vehicle. Inspect the brakes, lights, wipers, tires, spreader and auger, defroster, mirrors and other safety features.
- Ensure your snowplow is properly equipped with emergency supplies such as a first-aid kit, radio, cellphone, flashlight, shovel, flares, reflective vest, blanket, food and drinking water.
- Enter and exit the snowplow’s cab safely using the three points of contact method (i.e., face the vehicle and keep one foot and two hands or two feet and one hand on the vehicle at all times).
- Stay alert when driving, watch your speed, wear a safety belt, use turn signals, and follow all applicable traffic laws while being patient with other drivers and pedestrians.
- Know where to safely pile the snow; avoid placing it in high-traffic areas as it could melt and refreeze, creating slippery black ice, and avoid blocking fire hydrants, fire lanes and drains.
- Avoid pushing snow off bridges or overpasses, as it can fall on cars or people below. Consider how windy conditions may affect visibility and where to pile snow.
- Routinely check your mirrors and blind spots, look for closely following vehicles and scan the area for stalled cars, pedestrians, animals or children playing on snow piles.
- Make sure to pay attention to parked cars and mailbox locations in residential areas so as not to hit these objects when clearing the sides of the streets.
- Stop periodically to clear ice and snow from your lights and windows and ensure the plow shoes are adjusted for various surfaces.
- Pull over on the side of the road if you need to report an accident or emergency to avoid distracted driving.
- Remember to set the brakes and disengage the power to the spreader and plow before exiting the cab.
- Never drink alcohol or use other drugs prior to heading out to plow snow.
- Drive defensively when operating a snowplow to prevent accidents from occurring.
For more safety information, contact your supervisor.
- Published in Blog
Common Social Engineering Tactics to Watch For
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
Social engineering refers to a cyberattack method in which a cybercriminal preys on key human behaviors (e.g., trust of authority, fear of conflict and promise of rewards) to obtain unwarranted access to targets’ technology, systems, funds or data. These attacks can be deployed through various tactics, such as digital impersonation, deceitful messages or malicious software (known as malware). Social engineering attacks have become a significant threat to businesses of all sizes and sectors; after all, anyone can be targeted in these incidents—including entry-level workers, managers and CEOs.
With this in mind, it’s crucial for businesses to be aware of frequently utilized social engineering methods and adopt effective cybersecurity measures to help mitigate these incidents. This article outlines common social engineering tactics to watch for and offers associated prevention and response tips.
Common Social Engineering Techniques
In a social engineering attack, a cybercriminal implements a number of manipulative tactics to lure their target into performing actions that they normally wouldn’t. Some common social engineering methods include the following:
- Phishing—This technique involves cybercriminals leveraging fraudulent emails to trick recipients into providing sensitive information, clicking malicious links or opening harmful attachments. In order to make their emails appear genuine, cybercriminals will often impersonate trusted sources (e.g., a co-worker or well-known organization) and feign a sense of urgency to rush targets into acting. In addition to traditional phishing, cybercriminals may also attempt to manipulate targets over text messages or phone calls (known as smishing and vishing, respectively).
- Spear phishing—A spear-phishing scheme typically focuses on specific individuals or companies and uses personalized information to convince targets to share their data. In these instances, cybercriminals will research targets’ online behaviors, such as where they shop or what they share on social media, to collect personal details that make their schemes seem more legitimate.
- Business email compromise (BEC)—Such a technique refers to cybercriminals posing as business leaders or partners (e.g., executives, senior-level employees, vendors or suppliers), often for financial gain. Cybercriminals generally deploy BEC scams via email by creating fake accounts for business leaders or partners and using deceiving messages to trick targets into transferring money, divulging financial data or changing banking details.
- Baiting and quid pro quo—Through this strategy, cybercriminals make false promises to persuade targets to share data or download malware. These false promises may appear in the form of fraudulent pop-up advertisements or deceitful online promotions. For example, a cybercriminal may use a false advertisement for a free movie download to trick their target into installing a virus on their device. Similar to baiting, quid pro quo incidents involve cybercriminals promising to provide something valuable to their targets (e.g., an e-commerce coupon code or discounted security software) but only in exchange for the targets’ sensitive information (e.g., contact details, bank account numbers or login credentials).
- Pretexting—This technique consists of cybercriminals impersonating a co-worker, community leader or authority figure (e.g., a police officer, government employee, banker or tax official) and asking targets to provide sensitive information to confirm their identities or help complete critical tasks and assignments. Some of the most common types of data stolen amid pretexting incidents include employees’ contact details and Social Security numbers, company bank records and workplace security information.
- Tailgating—Through this tactic, cybercriminals physically sneak into workplaces by following closely behind employees or other credentialed individuals (e.g., custodians or building maintenance workers) without their knowledge. That is, after these authorized individuals leverage their key fobs or identification badges to pass through locked doors or security checkpoints, the cybercriminals will also slide inside before the locks can reengage. From there, the cybercriminals may leverage their on-site access to steal essential company records, infect important technology with viruses or malware and compromise security systems to allow continued workplace infiltration.
- Scareware—This method entails cybercriminals utilizing various scare tactics to frighten and manipulate targets into paying ransoms, often through seemingly legitimate prompts (e.g., fraudulent virus infection alerts urging targets to purchase security software for their devices or deceptive messages claiming to be from law enforcement that accuse targets of committing crimes and demand payment for any associated fines). Scareware may either initially contain malware or eventually coerce targets into downloading malware.
Tips to Mitigate Social Engineering Attacks
Businesses can consider these steps to help prevent and respond to social engineering attacks:
- Provide training. Businesses should educate employees on social engineering and how it could affect them. Additionally, employees should be required to participate in routine cybersecurity training on social engineering attack detection and prevention. This training should instruct employees to do the following:
- Maintain a healthy sense of skepticism across communication channels by watching for social engineering tactics in emails, texts and calls (e.g., lack of personalization, generic phrasing and urgent requests).
- Refrain from interacting with emails, texts or calls from unknown or suspicious senders.
- Avoid clicking links or downloading applications provided within emails or texts.
- Never share sensitive information online, via text or over the phone.
- Utilize trusted contact methods (e.g., calling a company’s official phone number) to verify the validity of any suspicious requests.
- Report any suspicious emails, texts or calls to the appropriate parties, such as a supervisor or the IT department.
- Implement access controls. By allowing employees access to only the information they need to complete their job duties, businesses can reduce the risk of cybercriminals compromising excess data or securing unsolicited funds amid social engineering incidents. To further protect their information, businesses should consider leveraging encryption services and establishing secure locations for backing up critical data.
- Utilize proper security software. Businesses should make sure all workplace technology is equipped with adequate security software. In some cases, this software can halt cybercriminals in their tracks, stopping fraudulent messages from reaching recipients’ devices and rendering harmful links or malicious applications ineffective. In particular, workplace technology should possess antivirus programs, spam detection systems, email filters, firewalls, message-blocking tools and multifactor authentication capabilities. This security software should be updated as needed through patch management systems to ensure its effectiveness.
- Ensure safe financial transactions. Having secure financial procedures can help limit the risk of any money being lost during social engineering attacks. As such, businesses should instruct employees who handle financial operations to carefully analyze fund transfer requests and similar payment demands to ensure their validity. When possible, these requests should be discussed in person before moving forward, especially if they involve alternative payment procedures or changes in banking details. Businesses may also want to consider utilizing several verification methods and implementing the “two-person rule” to confirm payment requests, in which two authorized individuals must review and approve transactions before they can go through.
- Adopt a cyber incident response plan. In the event that a social engineering attack is suspected or detected, it’s essential for businesses to have dedicated cyber incident response plans in place that outline steps to ensure timely remediation and keep damages to a minimum. These response plans should address a variety of possible attack scenarios and be communicated to all applicable parties. Both the Cybersecurity & Infrastructure Security Agency (CISA) and the National Institute of Standards and Technology (NIST) have resources available to help businesses create such plans.
- Conduct tabletop exercises and penetration testing. It’s not enough for businesses to simply create cyber incident response plans. Rather, they should routinely assess these plans for ongoing security gaps and make changes as needed to ensure maximum protection amid social engineering attacks. Common assessment techniques include the following:
- Penetration testing—Such testing consists of an IT professional mimicking the actions of a cybercriminal to determine whether an organization’s workplace technology possesses any vulnerabilities and is able to withstand attack efforts. This testing usually targets a specific type of workplace technology and may leverage various attack vectors.
- Tabletop exercises—A tabletop exercise is an activity that allows an organization to simulate a realistic cyberattack scenario (e.g., a phishing simulation) for the purpose of testing its incident response plan’s efficiency. In other words, this exercise serves as a cyberattack drill, giving participants the opportunity to practice responding to an attack.
- Consult trusted experts and professionals. Businesses don’t have to navigate and address their social engineering exposures alone. Instead, they can seek assistance and supplement their existing resources with guidance from a wide range of trusted external parties, including insurance professionals, legal counsel, cybersecurity firms, law enforcement and government agencies (e.g., CISA and NIST).
- Purchase sufficient coverage. It’s critical for businesses to purchase adequate insurance to secure ample financial protection against potential losses that may arise from social engineering attacks. Businesses should consult trusted insurance professionals to discuss their specific coverage needs.
Conclusion
Social engineering is a common and widespread cyberthreat that has the potential to wreak havoc on businesses across industry lines. Fortunately, organizations that ensure a solid understanding of key social engineering methods and leverage proper prevention and response measures can help minimize these incidents and their related losses.
Contact us today for more risk management guidance and insurance solutions.
- Published in Blog
The RISQ RECAP:
November 13th – November 17th, 2023
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
US Contractors, Insurers Overlooking Some Safety Improvements in Construction “Many American construction firms are failing to implement obvious and inexpensive safety measures that could save lives, reduce injuries and avoid costly insurance claims. And many insurers are not nudging their insured contractors to be proactive and preventive. “It’s usually not until after the fact, after something happens,” said TJ Lyons, a safety consultant who spoke Tuesday at the International Risk Management Institute’s 43rd Annual Construction Risk Conference in Orlando.” Full Article – Insurance Journal
Dash Cams in Fleet Vehicles are Key to Avoiding Nuclear Verdicts, Risk Managers Say “Cameras. One showing the driver and another facing forward. Those can be the keys to avoiding nuclear verdicts after auto and truck crashes, especially for companies with fleets of vehicles and relatively inexperienced drivers, two Crum & Forster risk executives said Monday at the International Risk Management Institute’s Annual Construction Risk Conference. “Fleet liability has not been profitable for insurers for a long time,” said Paul Anderson, vice president of field underwriting for the national group of property/casualty insurance companies.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Can An Employer Fire Me for My Speech Outside Work? “Absolutely yes – depending on the circumstances. While we have grown up with the notion that free speech is sacrosanct in this country, the First Amendment actually only prohibits the government from restricting individuals’ speech. The restriction on censorship does not extend to private employers and, to be clear, not-for-profit organizations are also private employers.” Full Article – Levy Employment Law, LLC
An Early Report on How the Supreme Court’s Affirmative Action Admissions Policies Decision is Impacting the Private Sector “In Students for Fair Admissions v. Harvard, 600 U.S. (June 29, 2023) (SFFA), the United States Supreme Court struck down the legality of affirmative action programs within the university setting, holding that universities may not use race by itself as a “plus factor” in college admissions decisions.” Full Article – Whiteford, Taylor & Preston LLP
Engage the Workplace With A Military Mindset “The WSJ piece about the benefit of hiring drill sergeants to double down on productivity and reduce whining makes some good points about how the private sector can profit from hiring military veterans. But the piece misses some important points about how veteran-driven values and skills can address employee engagement, a key private sector concern.” Full Article – Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
EEOC Settles Landmark AI Discrimination Workplace Suit “The U.S. Equal Employment Opportunity Commission (EEOC) has settled its first discrimination lawsuit involving artificial intelligence (AI) in a New York federal district court. The EEOC and iTutorGroup filed a joint settlement, which provides that the tutoring company will pay $365,000 to resolve the charges against it. The EEOC alleged that iTutor’s AI hiring selection tool illegally screened out female applicants over the age of fifty-five and male applicants over the age of sixty.” Full Article – Hall Benefits Law, LLC
Increased Protection for Employees Who Blow the Whistle on Workplace Safety “The National Labor Relations Board (NLRB) and the Occupational Safety Health Administration (OSHA) recently memorialized their collaborative agreement to engage in information sharing between the agencies regarding the National Labor Relations Act (NLRA) and the Occupational Safety and Health Act of 1970 (OSH Act), namely its anti-retaliation provision and other whistleblower provisions.” Full Article – Barnes & Thornburg LLP
How the Federal Government’s AI Risk Management Practices Will Set the Standard: A Closer Look At Government Action Following President Biden’s Executive Order “The White House announced the formation of the ‘US AI Safety Institute’ within the Commerce Department’s technology arm, the NIST. The Institute has been directed to develop technical guidance used by regulators, such as the EEOC, considering rulemaking and enforcement on discrimination related to AI. The White House has also released for public comment draft guidance relating to the federal government’s use of AI.” Full Article – Seyfarth Shaw LLP
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
CALIFORNIA
Amendments to California’s Retaliation Law Lighten the Burden for Employees
“Governor Gavin Newsom signed Senate Bill (SB) No. 497 into law. SB No. 497, also referred to as the Equal Pay and Anti-Retaliation Protection Act, amends California Labor Code Sections 98.6, 1102.5, and 1197.5 to lessen the burden for employees attempting to establish a prima facie case of retaliation.” Full Article
– Crowell & Moring LLP
NEW YORK
How Harassment Complaints Are Handled by NYS’s Division of Human Rights
“Although intended to be less intimidating than a court proceeding, the process by which the New York State Division of Human Rights (the Division) handles complaints can be opaque and intimidating to many individuals, employers and other organizations. This article is intended to demystify things a bit.” Full Article
– Levy Employment Law, LLC
Revisions to New York Unemployment Notice to Take Effect
“Governor Kathy Hochul has signed a bill amending Section 590 of the New York Labor Law to require employers to provide employees, upon separation, with notice of their right to file for unemployment benefits with the New York Department of Labor (NYDOL). These changes will take effect on November 13, 2023.” Full Article
– Seyfarth Shaw LLP
ALABAMA
Changes to Alabama’s Tax Laws Impose New Reporting Requirements on Employers
“Three new rules will take effect this year that alter the overtime wages subject to Alabama withholding tax and employers’ requirements in reporting those newly exempt wages. On October 31, 2023, the Alabama Department of Revenue’s Income Tax Administration issued three final rules that take effect December 3, 2023, and will cover all tax years beginning after December 31, 2023, and ending prior to June 30, 2025.” Full Article
– Littler Mendelson P.C.
ILLINOIS
Proposed Regulations for the Illinois Paid Leave for All Workers Act Offer Employers a Mixed Bag for Compliance
“The Illinois Department of Labor (IDOL) published much anticipated proposed regulations interpreting the Illinois Paid Leave for All Workers Act (the “Act”) set to take effect January 1, 2024. The Act will require nearly all covered Illinois employers to provide its covered employees up to 40 hours of paid leave per year, to be used ‘for any purpose.’” Full Article
– Littler Mendelson P.C.
- Published in Blog
4 Key Trends Driving Employer Health Care Costs in 2024
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
Amid ongoing inflation pressures, employees and employers alike can expect their health care costs to increase in 2024. Global professional services firm Aon reported that health care costs for employers will grow by 8.5% in 2024 (to more than $15,000 per employee), nearly double 2023’s figure. In line with those findings, the Business Group on Health’s 2024 Large Employer Health Care Strategy Survey predicts a 6% increase in health care costs in 2024.
All signs point to health care costs continuing to rise in 2024. This article outlines the primary drivers of health care costs and ways that employers plan to manage them.
Mental Health Challenges
Employees’ mental health concerns and needs, such as depression, anxiety and substance use disorder, undoubtedly rose during the COVID-19 pandemic and continue to linger amid its aftermath.
Consider the following findings from the Business Group on Health’s survey:
- Three-quarters of employers (77%) reported an increase in mental health concerns among employees in the aftermath of the pandemic, compared to 44% in 2023.
- Nearly one-fifth of employers (16%) anticipate an increase in mental health concerns in the future.
Employees and employers alike will continue to notice a prolonged impact of mental health challenges. In response, employers are expected to continue to expand access to mental health support and services, and many plan to provide more options for support and reduce cost barriers to care. Organizations may also explore manager and employee training to recognize mental health issues, anti-stigma campaigns and flexible working arrangements so employees can discreetly seek mental health care during regular working hours.
Pharmacy Costs
In 2024, pharmacy costs will continue to impact employers significantly. In addition to high-cost drugs, relationships with pharmacy benefits managers (PBMs) are also a key concern for employers.
The Business Group on Health’s survey revealed the following about prescription drugs and pharmacy costs:
- Employers experienced an increase in the median percentage of health care dollars spent on pharmacy, from 21% in 2021 to 24% in 2022.
- Most (92%) employers were concerned or very concerned about high-cost drugs in the pipeline, and 91% were concerned or very concerned about the pharmacy cost trend overall.
- Nearly three-quarters (73%) of employers say finding more transparency in PBM pricing and contracting is a priority, and 58% say they want to see additional reporting and better provider quality measurement standings.
To address rising drug costs, employers may implement pharmacy management strategies. These could include prioritizing transparent PBM practices (e.g., requesting detailed reports, auditing PBM services, requiring compensation and pricing disclosures and negotiating contract terms) and plan design changes to address costly medications and treatments (e.g., prior authorization, step therapy and sites of care management).
Cancer Treatment
Preventive screenings were a critical health care component disrupted during the pandemic, according to the Business Group on Health. As a result, employers are anticipating more late-stage cancers among workers.
Consider the following survey results from the Business Group on Health:
- Fifty percent of employers report cancer is the number one driver of health care costs, and 86% say it’s among their top three drivers.
- Half of employers (53%) will offer a cancer-focused center of excellence approach in 2024, with an additional 23% considering this strategy by 2026.
In response to rising cancer care, employees may encourage advanced screening measures and maintain full coverage of recommended prevention and screening services. Employers are also monitoring oncology clinical advancements (e.g., biomarker testing and immunotherapies) and helping guide employees to high-quality care to improve health outcomes.
Health Care Delivery
Health care innovations, specifically on-site or near-site clinics and virtual care, gained popularity during the pandemic, and demand is starting to level out. However, such types of care continue to be critical for employees as they prioritize primary or preventive health care.
The survey by Business Group on Health discovered the following views about health care delivery:
- Fewer employers thought virtual care would significantly impact health care delivery in 2023 (64%), compared with 2021 findings (85%). Regardless, 2023’s figure is still relatively high and above pre-pandemic survey results.
- Employers’ number two priority for 2024 is implementing more virtual health opportunities. In addition to expanding, they’ll evaluate partnerships and consider vendors that can integrate with others.
- Roughly half of employers (53%) offered on-site clinics in 2023, and the same figure is expected to do so in 2024, which likely signals a plateau in the offering. Some employers have migrated to a hybrid or remote work environment, reducing the need for health services at the workplace.
It’s no surprise that the necessity of virtual health care peaked during the pandemic. Moving forward, more employers are looking to expand health care offerings to better support primary care and mental health. It comes down to prioritizing employee health outcomes.
Summary
Heightened health care costs are likely to continue impacting employers for the foreseeable future. Looking ahead to 2024, many employers are focusing on impacts related to mental health, medications, cancer and health care delivery. To combat rising costs, employers are focusing on improving employee health outcomes, reducing unnecessary services and prioritizing prevention and primary care.
Additionally, it may be advantageous for employers to focus on benefits education and employee communication. The goal is to help them understand their benefits and the best ways to utilize and maximize them. Many employees are looking for ways to stretch their hard-earned dollars further, and employers can step in to provide that much-needed guidance. In turn, employer efforts focused on preventive and proactive health care can help curb health care costs.
Contact us for more employer-sponsored health care resources.
- Published in Blog
Winter Attraction and Retention Tips
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
While some industries are busy due to holiday shopping and seasonal employment, recruiting often slows during the winter months—especially after the winter holidays. However, winter is also when many job candidates are setting goals and making plans for the coming year, which may include searching for new jobs and opportunities. Additionally, less recruiting activity means employers seeking to attract and hire employees during the winter may experience a competitive advantage over similar organizations.
Simultaneously, many employers struggle to keep employees engaged during the winter months. Employers may notice decreased workplace productivity and morale associated with the cold, dark weather and stress of the holidays and winter months. Left unaddressed, a winter slump can negatively impact employee satisfaction and retention, leading to increased turnover rates and other employment challenges.
Savvy employers can use winter employment challenges as opportunities to attract talented job candidates and re-energize the workforce. This article provides guidance for winter attraction and retention.
Winter Attraction Tips
Many individuals have more free time around the holidays. This provides an opportunity for employers to boost their recruiting efforts at a time when potential candidates have more free time and lenient schedules. Employers can consider the following strategies to improve winter attraction:
- Ramp up social media efforts
- Launch an employee referral program
- Share organizational and employee successes on social media
- Schedule interviews while candidates have free time around the holidays
- Build a talent pipeline to take advantage of the reduced hiring competition
- Recruit college or university students who graduated during the fall semester
- Use employment websites to improve branding and candidate outreach.
- Create a mobile-friendly application process
- Be quick and transparent with all candidate communications.
Winter Retention Tips
During the winter, employees often get less physical activity, spend less time outdoors and see their friends more infrequently. Additionally, many individuals experience a post-holiday slump, which refers to a period of mental fatigue or depression due to the emotional, financial and physical stress of the holiday season. This can negatively impact employees’ mental health and workplace performance. Employers can consider the following practices to boost employee engagement and retention during the winter months:
- Recognize and reward employees for good work and accomplishments
- Encourage goal-setting at the team, department and individual level
- Train employees to ensure they’re well-equipped to handle their workplace responsibilities
- Host active work breaks, such as 10-minute stretching or exercise options around the office
- Offer employees flexibility on days of severe winter weather
- Promote idea sharing and collaboration.
- Check-in with employees on a personal and professional level.
- Design a comfortable workspace (e.g., soft lighting and lounge chairs).
- Celebrate and encourage employees’ personal successes (e.g., birthdays and weddings).
- Encourage employees to take work breaks together.
- Offer holiday bonuses and other incentives (e.g., gift cards or prepaid cards).
- Encourage employees to take paid time off.
Conclusion
Winter can create employment challenges for employers looking to attract and retain talented individuals. Employers that adopt a proactive approach to attraction and retention during the winter months can combat employment challenges that might otherwise contribute to low morale, decreased productivity and high turnover rates.
Contact us today for more workplace resources.
- Published in Blog
The RISQ RECAP:
November 6th – November 10th, 2023
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Right Turn on Red? With Pedestrian Deaths Rising, US Cities Are Considering Bans “Sophee Langerman was on her way to a bicycle safety rally in Chicago’s Lakeview neighborhood in June when a car turning right rolled through a red light and slammed into her bike, which she was walking off the curb and into the crosswalk. The car was moving slowly enough that Langerman escaped serious injury, but the bicycle required extensive repairs. To Langerman, it`s another argument for ending a practice that almost all U.S. cities have embraced for decades: the legal prerogative for a driver to turn right after stopping at a red light.” Full Article – Insurance Journal
Three Passengers Sue Alaska Airlines After Off-Duty Pilot Accused of Trying to Cut Engines “Three passengers sued Alaska Airlines, saying they suffered emotional distress from an incident last month in which an off-duty pilot is accused of trying to shut down the engines of a plane while catching a ride in the cockpit from Washington state to San Francisco. In the complaint filed Thursday in King County Superior Court in Washington state, San Francisco residents Matthew Doland and Theresa Stelter and Paul Stephen of Kenmore, Washington, alleged that the pilot should never have been allowed in the cockpit because he was suffering from depression and a lack of sleep.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Winston & Strawn LLP: Benefits Bulletin — IRS Increases PCORI Fees Payable in 2024 “The new Patient Centered Outcomes Research Institution (PCORI) fee for policy and plan years that end on or after October 1, 2023 and before October 1, 2024 is $3.22; an increase of $0.22 per covered life as compared to the PCORI fee assessed on or after October 1, 2022 and before October 1, 2023.” Full Article – Winston & Stawn LLP
Self-Funded Plan’s Guide to Gender-Affirming Coverage “Whether or how a group health plan (GHP) should cover gender-affirming care is a complex and evolving legal issue. This is especially true of self-funded GHPs, which are generally not subject to the nondiscrimination provisions of the Affordable Care Act (ACA). Both state and federal law are still unsettled. Self-funded GHP sponsors must carefully consider numerous legal factors.” Full Article – Hall Benefits Law
ACA Reporting Benefits Brief “The reporting requirements under the Affordable Care Act (ACA) have been in effect since 2015. Many employers are already familiar with the rules. However, some employers, particularly those that have grown in size, may lack clarity regarding their reporting obligations under the law. As the deadlines for the 2023 ACA reporting roll near, it is important to review the basics of reporting, including any changes that may be applicable for the 2023 reporting year.” Full Article – Acrisure, LLC
Reminder: Gag Clause Attestations Due by Year-End “[1] Review applicable contracts to ensure that they do not contain prohibited gag clauses. [2] If the group health plan is fully insured, confirm that the insurer will make the Attestation on behalf of the plan. [3] If the group health plan is self-insured, it may be possible to delegate the responsibility for completing the Attestation to the plan’s TPA. [4] Review existing agreements with insurers/ TPAs to ensure that the agreement includes a ‘compliance with applicable law’ provision.” Full Article – Faegre Drinker Biddle & Reath LLP
Agencies Propose Extensive Modifications to Regulations Implementing Surprise Billing IDR “Several provisions of both the interim final and final regulations, as well as related agency guidance, have been vacated in a series of cases brought by an association of health care providers. In response, the agencies recently issued proposed regulations addressing IDR fee issues raised by the litigation and, among other things, partially shut down and reopened the federal IDR portal multiple times. The agencies now propose additional regulations to adjust the IDR process and change the fee structure. Here are highlights.” Full Article – Thomson Reuters / EBIA
Fact Sheet #66e: The Davis-Bacon and Related Acts — Compliance with Fringe Benefit Requirements “The following practices may lead to violations under the DBRA, resulting in failure to pay the applicable prevailing wage rate: [1] Misclassifying laborers and mechanics for the type of work performed; [2] Failing to obtain prior approval from the DOL for unfunded fringe benefit plans; [3] Failing to annualize (or incorrectly annualizing) the hourly equivalent of fringe benefit amounts. [4] Paying hourly rates and/or fringe benefit amounts pursuant to a Collective Bargaining Agreement (CBA), where the CBA specifies rates lower than those required in the applicable wage determination; and [5] Improperly taking credit towards fringe benefit obligations for certain expenses.” Full Article – Wage and Hour Division, U.S. Department of Labor
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
CALIFORNIA
California Passes New Law Mandating Workplace Violence Prevention Plan for Employers
“On September 30, 2023, Governor Gavin Newsom signed SB 553 into law, establishing a new written Workplace Violence Prevention Plan (“WVPP”) requirement for nearly all California employers.” Full Article
– Sheppard Mullin Richter & Hampton LLP
MASSACHUSETTS
Massachusetts Amends Paid Family and Medical Leave Law
“As of November 1, 2023, the Massachusetts Paid Family and Medical Leave (PFML) law will permit employees to supplement their PFML benefits using accrued paid time off (PTO), such as sick or vacation pay. Employers cannot require that employees use their accrued PTO while receiving PFML benefits but must permit employees to do so.” Full Article
– Morgan, Lewis & Bockius LLP
ILLINOIS
New Illinois Law Mandates Certain Employers Offer Pre-Tax Commuter Benefits Starting January 1, 2024
“Open enrollment season is upon us, but employers who employ a substantial number of employees in Illinois may have a surprise in a new benefit that must be offered. Illinois recently adopted the Transportation Benefits Program Act (HB 2068; P.A. 103-291) (the “Act”) which aims to promote the commuter benefits available to employees who use or may use public transportation to commute to and from work.” Full Article
– Michael Best & Friedrich LLP
COLORADO
Legislative Update: Colorado Proposes New Rules for Tipped Workers, and More State and Local Efforts to Eliminate the Tip Credits
“Proposed New Rules Under Colorado’s Overtime & Minimum Pay Standards Order Would Narrow Employers’ Use of the Tip Credit and Tip Pools.” Full Article
– Seyfarth Shaw LLP
NEW YORK
New York Narrows the Scope of Employee “Invention Assignment” Provisions
“On September 15, New York enacted Labor Law Section 203-f, limiting the enforceability of invention assignment provisions in employment agreements. Under the new law, employers do not have rights to any employee inventions created on the employee’s own time and without the use of employer resources or trade secrets.” Full Article
– Troutman Pepper Hamilton Sanders LLP
- Published in Blog