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Month: July 2022

The RISQ RECAP – July 25th – July 29th, 2022

Friday, 29 July 2022 by RISQ Consulting

July 25th – July 29th, 2022

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

 

Five ways to hire better and retain better

“Anyone who has been waiting — and waiting — for goods to be delivered, whether it’s a consumer, a retailer, or a manufacturer knows the US supply chain is in crisis. Nearly every link in the chain has been weakened and trucking is no exception. Legacy hiring and retention struggles were only exacerbated by the COVID-19 pandemic. The American Trucking Associations estimates that the driver shortage hit a historic high of over 80,000 drivers last year and is estimated to reach 160,000 by 2030. For an individual fleet operator, the average cost to replace a driver is about $8,200. The lack of drivers is a huge cost to the trucking industry and the larger economy, affecting company profits, the stock market, and the costs of all goods for all of us.”  Full Article 

– Insurance Business America


EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE

 

Wage Transparency Laws Are Here to Stay

“Some employers wish to post job openings without providing a salary range. They also would like to ask applicants about their salary history. Although this may benefit the employer in the negotiation process, asking about an applicant’s salary history and not providing salary information may be unlawful. Legislators have been concerned that employers’ lack of transparency in job listings and inquiries about salary history may disproportionately impact women, people of color, or those from other underrepresented groups.”  Full Article

– Greenberg Traurig LLP

There and Back Again: Labor Department Issues New Proposed Non-displacement Regulation

“The U.S. Department of Labor has released a proposed regulation to reinstitute a requirement that contractors provide offers of employment to workers covered by the Service Contract Labor Standards, unless the contractor can establish an exception. The regulation would implement an executive order signed by President Joe Biden on Nov. 18, 2021, and comments on the rule will be accepted until Aug. 15, 2022. It is estimated that when the final rule is incorporated, it will affect between 74,000 and 329,000 small businesses.”  Full Article

– Holland & Knight LLP

Employment Law “Kitchen Fires” – Protecting Your Restaurant Against Sexual Harassment

“According to the federal Equal Employment Opportunity Commission (EEOC), the restaurant industry is the single largest source of sexual harassment claims in the U.S. Restaurant employers need to take action to protect their employees from harassment and their businesses from potentially costly lawsuits. Surveys show 90% of women and 70% of men working in restaurants have experienced some form of sexual harassment from either managers, co-workers or customers, and recent headlines support those statistics. On a regular basis, well-known restaurant companies and celebrity chefs are being hit with sexual harassment claims as well as high dollar judgments or settlements.”  Full Article

– Phelps Dunbar LLP

EEOC’S Updated COVID-19 Guidance Places Additional Restrictions on Employers

“For more than two years, employers have had to navigate a frequently changing landscape to ensure they complied with all of the laws relating to the COVID-19 pandemic. That landscape continues to change with two recent developments from the Equal Employment Opportunity Commission. On July 12, the EEOC updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” guidance to address topics including testing employees for COVID-19, hiring, and required reasonable accommodation. On July 11, the EEOC settled a case involving an allegation that an employer had violated the Genetic Information Non- Discrimination Act by collecting employees’ family members’ COVID-19 test results.”  Full Article

– Day Pitney LLP

Bonuses & Calculating an Employee’s Regular Rate of Pay for Overtime

“The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid no less than time and one-half their regular rate of pay for all hours worked over 40 hours in a workweek. How should an employer calculate an employee’s regular rate of pay? Under the FLSA, an employee’s regular rate of pay includes “all remuneration for employment paid to, or on behalf of, the employee,” less certain statutory exceptions. The regular rate is determined by adding the employee’s pay for the workweek and all other earnings and dividing the total by the number of hours the employee worked that week.”  Full Article

– Haynsworth Sinkler Boyd P.A.

Employers – Don’t Automatically Assume Prescription Meds Pose a Danger in the Workplace

“Have you read the warnings on prescription painkillers? They can be pretty scary – “May cause drowsiness.” “May cause dizziness.” “Do not operate a car or dangerous machinery.” (Or words to that effect). I think by now, everyone is aware of the risks associated with controlled substances. Certainly, the opioid epidemic did not earn its name lightly. So it’s not surprising that some employers are concerned when employees take prescription medications that come with those warnings – particularly when those employees are working with heavy machinery or sharp objects, or getting behind the wheel of a vehicle. But it is important for employers to understand when they can – and cannot – prohibit employees on such medications from working.”  Full Article

– Shawe Rosenthal 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.

 

NEW YORK

Sexual Harassment Hotline Law Takes Effect in New York State

“Governor Kathy Hochul signed into law an amendment to the New York State Human Rights Law requiring that the New York State Division of Human Rights (DHR) establish a confidential statewide toll-free hotline to provide free advice to employees about workplace sexual harassment issues. The law took effect on July 14, 2022.”  Full Article

– Phillips Lytle LLP

RHODE ISLAND

Rhode Island Enacts Tip Protection Law

“On June 28, 2022, Rhode Island Governor Daniel McKee signed into law a comprehensive tip protection bill. The law, which took effect immediately upon passage, generally prohibits employers from retaining any portion of an employee’s tips.”   Full Article

– Epstein Becker Green P.C.

MARYLAND 

Maryland Employers Beware – State Wage Laws Do Not Incorporate Federal Portal-to-Portal Act and Its Exclusions from Compensation

“Maryland’s highest court has ruled that the federal Portal-to-Portal Act has not been adopted or incorporated into Maryland’s Wage and Hour Law, Wage Payment and Collection Law, or the corresponding state regulations – meaning that employers may be responsible for more wages for their Maryland employees under state law than under federal law.”  Full Article

– Shawe Rosenthal LLP

NEW JERSEY

What Employers Need to Know About Newly Proposed Non-Compete Legislation in New Jersey

“On May 19, 2022, the New Jersey Assembly’s Labor Committee voted in favor of Assembly Bill 3715 (A3715) (full text available here), which would create significant restrictions on the scope and enforceability of the most common restrictive covenants entered into by New Jersey employees. While it remains to be seen whether the bill’s proposed changes will become law, the passage of A3715 in its current form would represent a seismic shift for New Jersey employers.”  Full Article

– Sheppard Mullin LLP

COLORADO

Colorado Updates its Paid Sick Leave Guidance, Including Clarifications on Carry-Over Amounts and Public Health Emergency Leave

“On June 24, 2022, Colorado’s Department of Labor and Employment (CDLE) published a revised version of its Interpretive Notice & Formal Opinion (INFO) #6B regarding the Healthy Families and Workplaces Act (HFWA), the state’s paid sick leave law that first took effect in 2020. Notably, the updated INFO #6B clarifies the amounts of accrued sick pay and public health emergency leave that employees are entitled to under the HFWA.”  Full Article

– Littler Mendelson P.C.

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Skin Care for YOU Care

Wednesday, 27 July 2022 by RISQ Consulting
By Kevina “Liz” Mitchell, Employee Benefits Account Specialist

To give context I have two skin issues on opposing sides of the spectrum. If my skin gets too dry there is an inevitable eczematic flair up. If my skin gets too oily, specifically in the T-zone area, I get cystic acne. Middle and High school Picture Day were the stuff of nightmares for me, because in the late 90’s – early 2000’s, there wasn’t the variety of skincare products available like today unless you were willing to sell off pieces of your soul. I think the absolute best at that time was Proactiv…which was too harsh for my skin *laughs in teenage angst*. So, I have a couple of school pictures (that went into the yearbooks) where I have a couple of golf ball sized lumps on my gooey face. They were gross.

Now in 2022, we have skincare products like supermarkets full of food. You can find something for everyone and have a grand ‘ol time! There are products for sensitive skin, medicated ones, Korean skincare (I love it), vegan products, and the list goes on. But before you dive into the actual products, it’s important to have a general understanding of your skin.

Do you have dry, combination, or oily skin? Do you have underlying health issues that affect your epidermis? How does your skin react to the different seasons? These questions are important to answer because if one starts slathering themselves with unknown concoctions willy nilly, well…it could lead to varying degrees of disaster. For example, if your skin is naturally oily and you choose to use an oil-based product, you could find yourself with a sudden outbreak because your pores are extra clogged or you may find that your face is now dripping with oil and making a mess. I am guilty of both.

But once you cross that hurdle you get to swan dive into the world of self-care! Creams, mud masks, toners, mists, cleansers, serums, STEAM! You can steam your FACE!! Clearly I am a huge fan, but there really is something to doing something nice for yourself every once in a while. We’re the only person we can’t get away from so we should be kind to the person we look at in the mirror. Skin care is a great start! It’s where it all started for me.

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I’ve Told You 9 Times, MEATLOAF!

Monday, 25 July 2022 by RISQ Consulting
By Jennifer Outcelt, Creative Content Architect

A man talks to the family doctor, “Doc, I think my wife’s going deaf.” The doctor replies, “Well, here’s something you can try to test her hearing. Stand some distance away from her and ask her a question. If she doesn’t answer, move a little closer and ask again. Keep repeating this until she answers. Then you’ll be able to tell just how hard of hearing she really is.” So, the man goes home and tries it out.

He walks in the door and says, “Honey, what’s for dinner?”

He doesn’t hear an answer, so he moves closer to her. “Honey, what’s for dinner?”

Still no answer.

He repeats this several times, until he’s standing just a few feet away from her. “Honey, what’s for dinner?”

Finally, she answers, “For the ninth time, I said we’re having MEATLOAF!”

It’s a silly old joke, but one that might ring truer the older you get. And I’m talking about relevancy here, not an actual ringing in your ears. Though, you might have that too. Chances are, if you’re over 40, you are beginning your hearing loss journey. Of your 5 basic senses, hearing is one of the first to develop senioritis. It starts skipping classes, lacks motivation, and it’s performance dwindles. To be clear, I’m comparing this to a student in 12th grade. I would never dream of creating a metaphor involving the word “senior” in a thinly veiled plot to imply that you were becoming a senior citizen… (looks around nervously).

But hear me out here. Losing your hearing can impact way more of your life than just ignorance towards the menu items for the evening’s meal. And this fading out of the world around you does not happen overnight. It’s gradual and stealthy. In fact, you’ll never hear it coming until someone you love is shouting at you about meatloaf.

My dad (sorry, dad, I know you’ll read this) has been flighting with this reality for several years. His tinnitus and hearing loss have gotten worse from decades of loud machinery and even more decades of just plain life. We’ve begged him to hear reason and go get tested for hearing aids, but he would hear none of it. And I mean because he is stubborn, not because he didn’t hear us beg. At first, he claimed that everyone around him just mumbled.  This caused him to be frustrated with family and friends and ultimately limited his ability to contribute to conversations in the lively and captivating ways he used to. I think he is starting to recognize the need for auditory assistance now, but it’s hard to get past the stigma of a hearing aid.

Losing your hearing might make you feel like you are broken or old, but if left to slowly fade to mute it can deprive you of way more than just sound. Apparently, it can lead to brain atrophy, loss of balance, dementia, social isolation, and depression. I found information about this in a study about the “Association of Hearing Loss With Psychological Distress and Utilization of Mental Health Services Among Adults in the United States”, and an brief article about “The Hidden Risks of Hearing Loss” that I think would be an interesting read for you. That is unless your eyes are also in senioritis mode… in which case, might I recommend glasses?

https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2768374

https://www.hopkinsmedicine.org/health/wellness-and-prevention/the-hidden-risks-of-hearing-loss

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The RISQ RECAP – July 18th – July 22nd, 2022

Wednesday, 20 July 2022 by RISQ Consulting

July 18th – July 22nd, 2022

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

 

The Evolving Roll of Risk Officers in the Corporate World

“The increasing frequency of natural disasters and the rise of ESG are a few factors that have contributed to insurance companies placing a greater focus on mitigation and prevention. For the insurance industry the risk management side of their business has become more important than ever before. However, in the corporate world outside the insurance industry, risk management has also been evolving.”  Full Article 

– Insurance Business America


EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE

 

Self-Insured Health Plans: August 1st PCORI Fee Due Date is Rapidly Approaching

“Dental plans and vision plans that are excepted benefits are not subject to PCORI fees. Similarly, health flexible spending accounts that are excepted benefits are not subject to PCORI fees. For plans with plan years that ended on or after January 1, 2021, through September 31, 2021, the fee is $2.66 per covered life. For plans with plan years that ended on or after October 1, 2021, through December 31, 2021, the fee is $2.79 per covered life.”  Full Article

– Jackson Lewis P.C.

HHS Issues Guidance on Post-Dobbs PHI Protections Under HIPAA Privacy Rule

“The HHS guidance outlines the types of non- healthcare disclosures of PHI that are permitted without an individual’s authorization. The guidance also describes how the Privacy Rule applies to such disclosures in the context of PHI that contains abortion and other sexual and reproductive healthcare information. For each such disclosure, HHS emphasizes that covered entities are permitted, but not required, to disclose the PHI.”  Full Article

– Ogletree Deakins

Health Plan’s Blanket Exclusion for Wilderness Therapy Violated MHPAEA

“Accepting the dependent’s argument, the court concluded that for parity analysis purposes, skilled nursing facilities were the medical/surgical analog to residential treatment centers for MH/SUD conditions. Next, the court noted that there was no evidence that the administrator would deny benefits in a skilled nursing facility (on the medical/surgical side) merely because the care occurred in a wilderness setting. According to the court, this tended to support the dependent’s argument that the administrator had created a wilderness treatment exclusion that applied only to behavioral health programs — in violation of MHPAEA.”  Full Article

– Thomson Reuters Practical Law

May Abortions Be Reimbursed on a Tax-Free Basis from a Health FSA, an HRA, or an HSA?

“The following expenses may be reimbursed from an FSA, HRA, or HSA under current federal tax law: [1] The cost of the abortion procedure, if legal; [2] Transportation expenses, if out-of-state travel is required; and [3] Lodging (up to $50 per night), assuming that the care is received from a physician in a hospital or an equivalent facility. Many issues will depend on the interpretation of the IRS or the courts.”  Full Article

– Dickinson Wright

 

 

 

Amendment to Group Health Plan Fee Disclosure Rules Can Reduce Plan Costs

“Now that plan fiduciaries have easier access to the compensation paid to these service providers, they can judge whether the compensation is reasonable and potentially cut costs by switching service providers…. Fiduciaries could also explore eliminating indirect compensation to service providers to save costs.”  Full Article

– Hall Benefits Law

Fourth Circuit Revives Retirees’ Claim of Vested Retiree Life Insurance Coverage

“The Fourth Circuit agreed with the plaintiffs that if their retiree life insurance coverage were ever a vested benefit, PPG could not rely on the later-added reservation of rights clause to terminate that coverage. If the removal of the prior reservation of rights clause in 1969 vested retiree life insurance coverage for Plan participants working between 1969 and 1984, then the 1984 reservation of rights clause only allowed PPG to modify or terminate retiree life insurance coverage for participants hired after the clause’s adoption.”  Full Article

– Roberts Disability Law

 


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

Lights, Camera . . .West Hollywood Paid Time Off Ordinance

“West Hollywood has joined the growing ranks of California cities that have their own local sick leave and/or minimum wage requirements. West Hollywood enacted an ordinance that creates new paid and unpaid time off mandates as well as minimum wage obligations and mandates the distribution of service charges. The new ordinance went into effect for most employers July 1, 2022.”  Full Article

– Seyfarth Shaw

NEW MEXICO

If Pain, Yes Gain—Part 101: New Mexico Paid Sick Leave Law in Effect Today; Final Rules, Model Poster and FAQs Available

“The New Mexico statewide paid sick leave law is in effect as of July 1, 2022. The state recently released a series of related materials—final rules, detailed FAQs, model posters, a policy compliance checklist, and a guide to the law.”  Full Article

– Seyfarth Shaw

LOUISIANA 

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

“You can purchase CBD legally in all U.S. states, but most states still have laws making THC (the psychoactive component in marijuana) illegal, especially without a prescription. However, CBD can trigger a positive drug test. Hemp-derived CBD may contain low levels of THC that show up on a drug test. The Eastern District of Louisiana tackled this very issue in considering if the ADA protects an employee when a positive drug test may have been triggered by CBD use.”  Full Article

– Bradley Arant Boult Cummings

NEW JERSEY

Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now

“In response to the #MeToo movement, New Jersey enacted N.J.S.A. 10:5-12.8, which amended the New Jersey Law Against Discrimination (NJLAD) to prohibit, in employment contracts or settlement agreements, any non-disclosure or confidentiality provisions that have “the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment.” In Savage v. Township of Neptune, No. A-14: 5-20, the Appellate Division confronted the question of whether N.J.S.A. 10:5-12.8 also applies to non-disparagement provisions, and concluded it does not.”  Full Article

– Littler Mendelson

ILLINOIS

New Legal Obligations for Chicago and Illinois Employers

“As of July 1, 2022, amendments to the Chicago Human Rights Ordinance went into effect, requiring employers with at least one employee working within the city’s boundaries to update sexual harassment policies; display new posters; and augment their sexual harassment training. Employers who fail to comply could face fines of up to $10,000 per day.”  Full Article

– Benesch Friedlander Coplan & Aronoff

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The Benefits Of Mindful Eating

Wednesday, 20 July 2022 by RISQ Consulting
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.

 

Taking time to be mindful of your eating process and not focusing on restricting calories could enhance your awareness of the experience, improve your relationship with food and help you lose weight. Mindful eating can be an essential practice in today’s world, where multitasking is common practice. Multitasking while eating can lead to less satisfaction with your meals, less awareness of the food, and often, overeating.

This article explores mindful eating, its benefits and how to practice this healthy approach.

What Is Mindful Eating?

Mindful eating is a type of mindfulness meditation that focuses on being fully present and aware of one’s feelings, thoughts, physical sensations and environment during meals. As such, mindful eating makes you fully aware of the eating experience and your thoughts and feelings about food.

This concept encourages focusing on preparing and consuming your food in a distraction-free environment. By thinking about the food, you may become more aware of the signals your body sends to your brain that indicate satisfaction and fullness, which can help you improve your general health and well-being.

Benefits of Mindful Eating

Mindful eating offers several physical and mental health advantages, including the following:

  • Better body cue recognition—You’ll better understand your body’s hunger, craving and fullness cues. You can also establish a better overall relationship with food when aware of your cues.
  • Overeating prevention—Mindful eating allows you to check in with yourself and pause snacks or meals if you aren’t actually hungry. A pause can help you slow down and break the cycle of overeating and binge eating.
  • Healthier food choices—When you’re more aware of how food makes you feel, you may choose more nutritious foods that can make you feel energized.
  • Stress reduction—Mindfulness-based exercises, including mindful eating, can help reduce cortisol (or stress) levels.
  • Weight loss—Although research is mixed on the definitive connection between mindful eating and weight loss, you’re likely to lose weight if you properly listen to your hunger cues.

Mindfulness practices may also help improve anxiety, depression, eating disorders and stress symptoms.

Tips for Mindful Eating

Mindful eating may sound simple, but it takes practice. Consider the following mindful eating tips:

  • Honor your food. The mindful practice starts before the food is on your plate. It’s important to acknowledge where the food was grown and who prepared the meal.
  • Evaluate your hunger. It’s equally important to continue to assess your appetite while eating. Checking in with your physical hunger and satiety sensations can help you learn your cues.
  • Start with small portions. Modest portions can help you respect your hunger and satiety cues. Single-serving portions may also look more substantial on smaller plates or bowls.
  • Pay attention to your food. Engage your senses and notice what you see (e.g., food texture, color and appeal), smell, feel (e.g., texture and temperature), taste and hear (e.g., crunch).
  • Eliminate distractions. Being distracted while eating can fuel a negative relationship with food or lead to overeating or emotional eating. Also, avoid eating in a bedroom, living room or vehicle.
  • Slow down. Make a conscious effort to chew your food more to aid digestion and allow more time to recognize your body’s cues.
  • Don’t skip meals. Going too long without eating increases the risk of extreme hunger, which may lead to a quick and easy food choice—which is not always a healthy one.

Multitasking while eating has become the new normal, but you can be in control and aware of the process and your feelings. You can try the eating approach at your next meal or start small by attempting the practice once a week—for example, establish a “Mindful Monday.”

Contact a registered dietitian if you need additional help or guidance with mindful eating or general eating habits.

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New Mental Health Crisis Dialing Code Launched July 16

Monday, 18 July 2022 by RISQ Consulting
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.

 

The 988 Suicide and Crisis Lifeline (Lifeline) launched nationwide on July 16. Similar to dialing 911 for medical emergencies, people in emotional distress or suicidal crisis can call or text 988 and be connected immediately to trained counselors who will listen, provide support and connect them to resources if necessary.

The three-digit dialing code is new, but the Lifeline is not. Previously known as the National Suicide Prevention Lifeline, callers only reached the 24/7 national crisis hotline by dialing 1-800-273-8255 (TALK). The easy-to-remember dialing code (988) is meant to replace that number; however, callers will still be connected to the same services, regardless of which number is used. The Lifeline provides services in both English and Spanish.

“We have a three-digit number for medical emergencies; we need a three-digit number for psychological emergencies—and that’s what this is.”

– John Draper, executive director, Lifeline

The Lifeline

Since 2005, the Lifeline has been a network of roughly 200 crisis centers funded by the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration. Since its founding, the Lifeline has received more than 20 million calls from people in distress looking for help when they needed it most. Nearly 2.4 million calls occurred in 2020 alone, illustrating America’s current mental health crisis.

Spreading the Word About 988

Suicide is the second leading cause of death among preteens and adults aged 25 to 34, according to the Centers for Disease Control and Prevention. The Lifeline is a direct connection to compassionate, accessible care for anyone experiencing mental health-related distress, including thoughts of suicide, mental health or substance use crisis, or other emotional struggles. People can also call the Lifeline if they are worried about a loved one who may need emergency support.

Just as Americans know to call 911 in a medical emergency, it’s vital to spread the word about 988 in your own state. This new three-digit dialing code could provide immediate support during someone’s darkest hour.

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The RISQ RECAP – July 11th – July 15th, 2022

Wednesday, 13 July 2022 by RISQ Consulting

July 11th – July 15th, 2022

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

 

Mass Shooting Insurance Rates Jump as Incidents Rise

“The cost of buying insurance protection against mass shootings has spiked more than 10% in the United States this year following a string of deadly events, insurers said. The United States witnessed 293 mass shootings so far this year, according to a report by the Gun Violence Archive that defines them as any event involving the shooting of four or more people other than the assailant. That compares with 309 the same period last year, but is sharply up from 240 in 2020.”  Full Article 

– Insurance Journal


EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE

 

The Future of Hybrid Working: Full Steam Ahead or a Screeching U-turn?

“As various restrictions put in place during the global coronavirus pandemic have lifted across the world, many businesses have embraced hybrid working. However, as we look to the future, are these working arrangements of the so-called “new normal” really here to stay? We consider below whether there are already significant factors at play that could prompt many businesses to want to withdraw from hybrid working and, if so, what legal considerations this could entail.”  Full Article

– Seyfarth Shaw

EEOC Sanctions Employer for GINA Violations Relating to Collection of Employees’ Family Members’ COVID Test Results

“On July 6, 2022, the Equal Employment Opportunity Commission (EEOC) announced it has entered into a conciliation agreement with a Florida-based medical practice for violations of the Genetic Information Non-Discrimination Act (GINA) arising out of the practice’s collection of employees’ family members’ COVID-19 testing results.”  Full Article

– Proskauer Rose

 

What the Supreme Court’s Recent Decisions on Guns and Prayer Mean for Private Employers

“Two decisions handed down by the Supreme Court last month held that government actions were unconstitutional. In Kennedy v. Bremerton School District, the Court held that a public school district’s instruction to a high school football coach that he could not pray on the field after each game violated the First Amendment. A New York State law limiting individuals from carrying concealed weapons was found, in New York State Rifle & Pistol Ass’n Bruen, to run afoul of the Second Amendment. Central to both those decisions was that they involved state action – a government body telling individuals what they could not do.”  Full Article

– Levy Employment Law

Loss of Job Over Religious Vax Refusal ≠ Irreparable Harm

“In Halczenko v. Ascension Health, Inc., the doctor, who objected to the COVID vaccine on religious grounds, was terminated for failing to comply with the hospital’s vaccine mandate. He sought a preliminary injunction to reinstate him while his lawsuit was proceeding. In order to receive a preliminary injunction, a plaintiff must show that they will experience irreparable injury absent the injunction, among other things. The doctor argued that the termination caused him such injury because his professional skills would deteriorate within 6 months to the point he would no longer be able to work, and that he was unable to secure another position in the interim.”  Full Article

– Shawe Rosenthal

 

Event in Review: Navigating Internal Investigations at Nonprofits

“An allegation of misconduct or illegality can have very harmful effects for an organization: it can hurt staff morale, violate an organization’s mission, and, in extreme circumstances, can threaten a nonprofit’s exempt status. During a recent luncheon program, Venable partners George Constantine, Eric Berman, and Doreen Martin, along with Jesse Raben, general counsel and COO of The Trust, discussed how nonprofits should navigate internal investigations that can arise from whistleblower complaints, government inquiries, or any other violation of the organization’s policies.”  Full Article

– Venable

EEOC Issues First Guidance on Algorithm-Driven Employment Decisions

“The last several years have seen algorithm-driven technologies like artificial intelligence (AI) and other algorithmic or automated decision-making systems proliferate throughout nearly every industry, from managing the supply chain to detecting and preventing fraud and helping farmers decide what crops to plant. Employment-related decisions are no exception; employers are increasingly using algorithmic decision-making systems in the hiring and evaluation of employees, with an eye to eliminating bias and discrimination in these processes.”  Full Article

– Venable

 


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

Lights, Camera . . .West Hollywood Paid Time Off Ordinance

“West Hollywood has joined the growing ranks of California cities that have their own local sick leave and/or minimum wage requirements. West Hollywood enacted an ordinance that creates new paid and unpaid time off mandates as well as minimum wage obligations and mandates the distribution of service charges. The new ordinance went into effect for most employers July 1, 2022.”  Full Article

– Seyfarth Shaw

NEW MEXICO

If Pain, Yes Gain—Part 101: New Mexico Paid Sick Leave Law in Effect Today; Final Rules, Model Poster and FAQs Available

“The New Mexico statewide paid sick leave law is in effect as of July 1, 2022. The state recently released a series of related materials—final rules, detailed FAQs, model posters, a policy compliance checklist, and a guide to the law.”  Full Article

– Seyfarth Shaw

LOUISIANA 

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

“You can purchase CBD legally in all U.S. states, but most states still have laws making THC (the psychoactive component in marijuana) illegal, especially without a prescription. However, CBD can trigger a positive drug test. Hemp-derived CBD may contain low levels of THC that show up on a drug test. The Eastern District of Louisiana tackled this very issue in considering if the ADA protects an employee when a positive drug test may have been triggered by CBD use.”  Full Article

– Bradley Arant Boult Cummings

NEW JERSEY

Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now

“In response to the #MeToo movement, New Jersey enacted N.J.S.A. 10:5-12.8, which amended the New Jersey Law Against Discrimination (NJLAD) to prohibit, in employment contracts or settlement agreements, any non-disclosure or confidentiality provisions that have “the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment.” In Savage v. Township of Neptune, No. A-14: 5-20, the Appellate Division confronted the question of whether N.J.S.A. 10:5-12.8 also applies to non-disparagement provisions, and concluded it does not.”  Full Article

– Littler Mendelson

ILLINOIS

New Legal Obligations for Chicago and Illinois Employers

“As of July 1, 2022, amendments to the Chicago Human Rights Ordinance went into effect, requiring employers with at least one employee working within the city’s boundaries to update sexual harassment policies; display new posters; and augment their sexual harassment training. Employers who fail to comply could face fines of up to $10,000 per day.”  Full Article

– Benesch Friedlander Coplan & Aronoff

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Employee Quits Continue Downward Trend in May From All-time High

Wednesday, 13 July 2022 by RISQ Consulting
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.

 

The U.S. Bureau of Labor Statistics (BLS) recently released its May Job Openings and Labor Turnover Summary. The number of employee quits continued to fall for the second month in a row; May’s reported number of employee quits fell to around 4.3 million, down from 4.4 million in April and from a record high of 4.5 million in March.

The BLS defines “employee quits” as a “voluntary separation initiated by the employee.” “Employee quits” is used as a measure of workers’ willingness or ability to leave jobs. May marks the 12th consecutive month that more than 4 million workers left their jobs.

Despite the decrease in total employee quits, May’s report reveals that the rate of quits changed very little, dropping slightly from 2.9% in April to 2.8% in May. The arts, entertainment and recreation industry saw a slight increase in employee quits.

In addition to the continued high number of employee quits, the number of total job openings fell slightly from 11.4 million on the last day of April to 11.3 million at the end of May. Job openings outnumbered unemployed workers by approximately 5.3 million. The most significant decreases in job openings were in professional business services, durable goods manufacturing and nondurable goods manufacturing.

Other key takeaways from May’s report include an unchanged hire rate despite the slight decrease in job openings. Additionally, although the number of layoffs and discharges dropped slightly to 1.4 million, the discharge rate was unchanged at 0.9%.

May’s report indicates that employee mobility remains strong as employees continue to leave their jobs voluntarily in very large numbers. Consistent with prior months, May’s report indicates that employees are not leaving the workforce entirely but finding new employment.

Employer Takeaway

Even though employee quits have continued to trend down, the number of job openings appear to have stabilized at more than twice as high as pre-pandemic levels. As a result, the demand for workers remains high, and employers continue to struggle retaining employees.

May’s report suggests that workers still feel confident enough to switch jobs for better pay or working conditions due to the high number of job openings. Employers have been forced to respond by raising wages and offering competitive benefits to attract talent.

The sustained trend of high numbers of employee quits and job openings likely point to continued talent challenges for employers. As such, employers should continue to monitor employment trends to stay informed on the evolving market.

Contact RISQ Consulting for more resources.

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Sleep Science Ain’t No Snooze

Monday, 11 July 2022 by RISQ Consulting
By Jennifer Outcelt, Creative Content Architect

Are you religiously listening to the podcast Ologies yet? You should be. I keep telling you to and you should know by now that I only try to force behaviors that will improve your life.

Speaking of things that can improve your life; SLEEP, am I right? The subject of sleep might seem like a snooze, but I assure you it’s nothing to lay down for. Or maybe you should… Sorry, give me a minute to rouse some better puns. Sleep is one of those things that you probably don’t think too much about until you stop getting it. But once is goes on the fritz, boy are you in for a rude awakening!

In these episodes of Ologies, Alie interviews Dr. W. Chris Winter about his research in the subject of Somnology, which is fancy science talk for “why do we sleep and how is it done and what does it look like and why is it weird in some people?” The validation I got from this two-part episode was honestly a dream come true. I finally know why I was a certifiable zombie during my child’s infancy, why the sound of a squeaky ceiling fan will put me out like a dose pure of melatonin, and why my ultra-punctual brain sometimes wakes up before my lazy anesthetized body.

If you want to learn more about that thing you do for a third of your life, then check out the Somnology episode on the Ologies podcast at the link below.

 https://www.alieward.com/ologies/somnology

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