The RISQ RECAP:
October 3rd – October 7th, 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
Relay partners with CyberCube
“Insurance technology provider Relay Platform has announced a partnership with cyber risk analytics platform CyberCube. Relay allows clients to intake, submit and compare quotes digitally. The quotes are then presented in Rely’s Smart Client Proposal, which enables agents and brokers to convert more business. Relay combines API, manual and email quotes while providing analytics to help boost renewal rates.” Full Article
– Insurance Business America
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Do Employers Have Obligations Under OSHA with Respect to COVID-19 Safety? “Employers are subject to OSHA requirements related to COVID-19 safety in a few ways. Non- healthcare employers still have to comply with the General Duty Clause by performing job hazards assessments relating to COVID-19 exposures and protecting employees from those hazards including, but not limited to, providing personal protective equipment and contact tracing.” Full Article – Littler Mendelson
The Remote (Worker) is Broken! Workers’ Compensation and Stay-At-Home Employees “In a post-pandemic world, work-from-home and hybrid work arrangements have become the norm in many industries. While employers and employees have become adept at hosting Zoom and Teams meetings, this significant uptick in remote work begs the question: What if an employee gets injured while at home?” Full Article – Bradley Arant Boult Cummings LLP
Facing Your Face Mask Duties– A List of Statewide Orders “Governors and public health officials across the country implemented stringent mitigation measures to help contain the spread of COVID-19. As COVID-19 case rates fluctuate, face coverings are not uncommon as a preventative measure. Numerous jurisdictions have encouraged—or mandated—citizens to wear face coverings when out in public, especially when social distancing cannot be maintained effectively. Some directives also obligate employers to provide masks to their employees. – Littler Mendelson
” Full Article
Top 10 Labor & Employment Issues in M&A Transactions “Our business is buying (or selling) a company – now what? Due diligence is an essential part of a successful merger or acquisition, and there are countless labor and employment issues that may come up during this process. Should due diligence reveal that the target company is not in compliance with a certain law, the parties will have to analyze the risks associated with the transaction as a result of non-compliance. Is it too costly to come into compliance now? Are the risks of litigation or government action material?” Full Article – Akerman
Form I-9 Flexibility to End in October: What This Means For Employers “Many employers have adopted flexible working policies as a result of the COVID-19 pandemic, allowing their employees to work remotely on a part-time or even full-time basis. As an employer with flexible working policies, you may have been taking advantage of the Department of Homeland Security’s (DHS) temporary deferral of the requirement that you physically inspect your employees’ identity andemployment authorization documents in person at the start of employment, as part of the process for completing the Form I-9, Employment Eligibility Verification.” Full Article – Venable LLP
“Dazed and Confused”: What Multi-State Employers Need to Know About the Current Trend of California and Several Other States Prohibiting Discrimination of Off- Duty Cannabis Use “Within the past year, seven states and several cities[4] across the country have expanded these protections to include recreational use of cannabis, with California being the most recent state to pass such a law. With the passing of AB-2188, California now joins Nevada,[5] New York, New Jersey, Connecticut, Montana, and Rhode Island to make it “unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, . . . [for] the person’s use of cannabis off the job and away from the workplace.” Full Article – Gordon & Rees
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 Expands Pay Transparency and Reporting Obligations
“On September 27, 2022, California Governor Gavin Newsom signed Senate Bill (SB) 1162, which requires certain employers to provide more pay transparency on pay scales and expands pay data reporting obligations for other employers. The new obligations take effect on January 1, 2023.” Full Article
– Jackson Lewis
Bereavement Leave Now Protected in California
“On September 29, 2022, California Governor Gavin Newsom signed Assembly Bill (AB) 1949, which amends the California Family Rights Act (CFRA) to require covered employers to provide eligible employees with 5 days of bereavement leave. AB 1949 applies to employers with 5 or more employees nationwide.” Full Article
– Jackson Lewis
WASHINGTON D.C.
Washington D.C. to Expand Antidiscrimination Protections to Include Independent Contracts and Homeless Individuals
“Effective October 1, 2022, an amendment to the District of Columbia’s Human Rights Act (“the Act”) will expand the universe of workers protected under the Act, as well as codify workplace harassment as an unlawful discriminatory practice.” Full Article
– Proskauer Rose
NEW YORK
NYC to End Private Employer COVID-19 Vaccine Mandate on November 1, 2022
“On September 20, 2022, New York City Mayor Eric Adams announced that the city will end its COVID-19 vaccine mandate for private employers on November 1. Adams stated that lifting the mandate now “puts the choice in the hands of New York businesses” as to whether to require employee vaccination, subject to accommodations for religious or medical reasons. ” Full Article
– Cooley LLP
MASSACHUSETTS
Massachusetts Updates Paid Family and Medical Leave Contribution Rates for 202
“The Massachusetts Department of Family and Medical Leave has announced changes to the employer contribution rates under the Paid Family and Medical Leave Act (PFMLA) effective January 1, 2023.” Full Article
– Jackson Lewis
- Published in Blog
9 Cyber Risk Questions Every Board Should Ask
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.
When a data breach or other cyber event occurs, the damages can be significant, often resulting in lawsuits, and serious financial losses. What’s more, cyber exposures impact businesses of all kinds, regardless of their size, industry, or status as a private or public entity.
In order for organizations to truly protect themselves from cyber risks, corporate boards must play an active role. Not only does involvement from leadership improve cyber security, it can also reduce liability for board members. To help oversee their organization’s cyber risk management, boards should ask the following questions:
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Does the organization utilize technology to prevent data breaches?
Every company must have robust cyber security tools and anti-virus systems in place. These systems act as a first line of defense for detecting and preventing potentially debilitating breaches.
While it may sound obvious, many organizations fail to take cyber threats seriously and implement even the simplest protections. Boards can help highlight the importance of cyber security, ensuring that basic, preventive measures are in place.
These preventive measures must be reviewed on a regular basis, as cyber threats can evolve quickly. Boards should ensure that the management team reviews company technology at least annually, ensuring that cyber security tools are up to date and effective.
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Has the board or the company’s management team identified a senior member to be responsible for organizational cyber security preparedness?
Organizations that fail to create cyber-specific leadership roles could end up paying more for a data breach than organizations that do. This is because, in the event of a cyber incident, a fast response and clear guidance is needed to contain a breach and limit damages.
When establishing a chief information security officer or similar cyber leadership role, boards need to be involved in the process. Cyber leaders should have a good mix of technical and business experience. This individual should also be able to explain cyber risks and mitigation tactics at a high level so they are easy to understand for those who are not well-versed in technical terminology.
It should be noted that hiring a chief information security officer or creating a new cyber leadership role is not practical for every organization. In these instances, organizations should identify a qualified, in-house team member and roll cyber security responsibilities into their current job requirements. At a minimum, boards need to ensure that their company has a go-to resource for managing cyber security.
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Does the organization have a comprehensive cyber security program? Does it include specific policies and procedures?
It is essential for companies to create comprehensive data privacy and cyber security programs. These programs help organizations build a framework for detecting threats, remain informed on emerging risks and establish a cyber response plan.
Corporate boards should ensure that cyber security programs align with industry standards. These programs should be audited on a regular basis to ensure effectiveness and internal compliance.
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Does the organization have a breach response plan in place?
Even the most secure organizations can be impacted by a data breach. What’s more, it can often take days or even months for a company to notice its data has been compromised.
While cyber security programs help secure an organization’s digital assets, breach response plans provide clear steps for companies to follow when a cyber event occurs.
Breach response plans allow organizations to notify impacted customers and partners quickly and efficiently, limiting financial and reputational damage.
Board members should ensure that crisis management and breach response plans are documented. Specific actions noted in breach response plans should also be rehearsed through simulations and team interactions to evaluate effectiveness.
In addition, response plans should clearly identify key individuals and their responsibilities. This ensures that there is no confusion in the event of a breach and your organization’s response plan runs as smoothly as possible.
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Has the organization discussed and formalized a cyber risk budget? How engaged is the board in terms of providing guidance related to cyber exposures?
Both overpaying and underpaying for cyber security services can negatively affect an organization. Creating a budget based on informed decisions and research helps companies invest in the right tools.
Boards can help oversee investments and ensure that they are directed toward baseline security controls that address common threats. Boards, with guidance from the chief security officer or a similar cyber leader, should also prioritize funding. That way, an organization’s most vulnerable and important assets are protected.
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Has the management team provided adequate employee training to ensure sensitive data is handled correctly?
While employees can be a company’s greatest asset, they also represent one of their biggest cyber liabilities. This is because hackers commonly exploit employees through spear phishing and similar scams. When this happens, employees can unknowingly give criminals access to their employer’s entire system.
In order to ensure data security, organizations must provide thorough employee training. Boards can help oversee this process and instruct management to make training programs meaningful and based on more than just written policies.
In addition, boards should see to it that education programs are properly designed and foster a culture of cyber security awareness.
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Has management taken the appropriate steps to reduce cyber risks when working with third parties?
Working alongside third-party vendors is common for many businesses. However, whenever an organization entrusts its data to an outside source, there’s a chance that it could be compromised.
Boards can help ensure that vendors and other partners are aware of their organization’s cyber security expectations. Boards should work with the company’s management team to draw up a standard third-party agreement that identifies how the vendor will protect sensitive data, whether or not the vendor will subcontract any services and how it intends to inform the organization if data is compromised.
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Does the organization have a system in place for staying current on cyber trends, news, and federal, state, industry and international data security regulations?
Cyber-related legislation can change with little warning, often having a sprawling impact on the way organizations do business. If organizations do not keep up with federal, state, industry and international data security regulations, they could face serious fines or other penalties.
Boards should ensure that the chief information security officer or similar leader is aware of his or her role in upholding cyber compliance. In addition, boards should ensure that there is a system in place for identifying, evaluating and implementing compliance-related legislation.
Additionally, boards should constantly seek opportunities to bring expert perspectives into boardroom discussions. Often, authorities from government, law enforcement and cyber security agencies can provide invaluable advice. Building a relationship with these types of entities can help organizations evaluate their cyber strengths, weaknesses and critical needs.
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Has the organization conducted a thorough risk assessment? Has the organization purchased or considered purchasing cyber liability insurance?
Cyber liability insurance is specifically designed to address the risks that come with using modern technology—risks that other types of business liability coverage simply won’t cover.
The level of coverage your business needs is based on your individual operations and can vary depending on your range of exposure. As such, boards, alongside the company’s management team, need to conduct a cyber risk assessment and identify potential gaps. From there, organizations can work with their insurance broker to customize a policy that meets their specific needs.
How We Can Help
Asking thoughtful questions can help boards better understand the strategies management uses to prevent, detect and respond to data breaches. When it comes to cyber threats, organizations need to be diligent and thorough in their risk prevention tactics, and boards can help move the cyber conversation in the right direction.
Cyber exposures impact organizations from top to bottom, and all team members play a role in maintaining a secure environment. However, managing personnel and technology can be a challenge, particularly for organizations that don’t know where to start. Contact us today to learn more about cyber risk mitigation strategies you can implement today to secure your business.
- Published in Blog
Mitigating BYOD and E-discovery Risks
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 prevalence of employee-owned smartphones and other devices in workplaces across the country has grown considerably in the last few years and shows no sign of stopping.
A recent study by Bitglass found that 85% of organizations surveyed allowed their employees to use their personal devices for work functions. If it wasn’t obvious already, the “bring your own device” (BYOD) era is here to stay.
While there are numerous benefits of implementing a BYOD policy at your workplace, it can be problematic from an e-discovery standpoint, should your company enter litigation.
E-discovery Basics
Electronically stored information, or ESI, can be subject to discovery, which means it can be requested as evidence in court cases.
ESI is a category of discoverable information separate from print documents, and includes both structured and unstructured data such as emails, instant message logs, Word® documents, PowerPoint® presentations and scanned documents.
In litigation, e-discovery is the process of identifying, collecting, preserving, reviewing and producing relevant electronic data or documents as evidence. Determining which ESI is relevant is not simple due to the lack of precedence and established standards; however, it is important to be able to quickly access the right ESI.
While failing to produce all required ESI can be considered negligence, handing over too much data could mean disclosing privileged competitive information and jeopardizing corporate strategy or product plans.
BYOD’s Skyrocketing Popularity
Allowing employees to use their personal phones, laptops, tablets or other devices for work purposes has quickly become the new norm. Employees enjoy being able to use their own devices for several reasons:
- They can get more work done on their own devices with a more flexible schedule.
- They may prefer the operating systems of their own devices.
- Company-provided devices may lack the functionality that employees desire.
- Bringing personal activities into their work lives can lead to happier employees and more productivity.
Employees aren’t the only satisfied party. Employers can save money by not having to buy company-owned devices for employees to use, including technical support costs associated with diagnosing problems employees may have.
In addition, many employers can save on telecommunication costs, as employees are often willing to self-fund their own mobile plans.
BYOD Litigation Risks
Allowing employees to bring their own devices can seem like a pretty good deal for both sides. However, there are inherent risks with the practice, especially from a legal standpoint.
Employers must consider the following risks that may hinder the e-discovery process:
- Since you do not own employees’ devices, you do not have total control over the devices and how they’re used.
- There are many different types of data on devices, depending on the operating system, applications used, etc., and separating personal data from business data may be difficult.
- Data on devices can be stored in several locations.
- It is difficult to protect data on employees’ devices from harm, including theft and hacking.
- Employers cannot just seize an employee’s device for discovery—they need consent from the employee.
Best Practices for BYOD Policies and the E-discovery Process
If you have a BYOD policy at your workplace, or are planning to implement one, consider the following to ensure it is comprehensive and e-discovery-friendly:
- Have employees sign an agreement that lets them know how e-discovery requests will be handled, should the need arise.
- Consider using Mobile Application Management (MAM), which allows employers to control how applications perform on employee devices. It can control application encryption and even wipe sensitive data off the phone of a former employee.
- Consider purchasing and implementing one of the many applications capable of separating business data and personal data, making it easy for employers to locate discoverable data.
- Mandate that employee devices be configured to save certain information directly to the company servers.
- Create an acceptable use policy that lets employees know how you want them to handle company data on their personal devices.
- Prohibit employees from uploading sensitive company data to any third-party cloud storage system, such as Dropbox, Google Drive or Box.
- Sync data between employee devices and company servers regularly.
- Educate employees on best practices for keeping all data on their devices safe—the devices may contain sensitive company information.
- Mandate that employee devices be password-protected.
- Ensure that your BYOD policy is forthright and outlines the exact process for e-discovery, including a clear chain of custody.
- Ensure your IT and legal teams are on the same page. Your IT team should be able to advise the legal team on exactly what kinds of data are stored on employee devices and the best way to retrieve the data. The legal team, whether employed or contracted, should be familiar with the e-discovery process to advance the procedure as quickly as possible.
- Require compliance with your BYOD policy. In addition, keep the policy flexible to keep up with the ever-changing data landscape.
- Determine how you will handle the data on phones of former employees. Some companies remotely wipe former employees’ devices, but that can bring up questions about the ethics of deleting personal data from a device.
- Carefully decide which employees can use their own devices. BYOD may not be relevant or useful for all employees.
- Consider listing what devices are and are not acceptable. BYOD does not mean employees are free to use whatever device they wish. Employers may not want to offer support for certain devices due to the particular operating system or inherent security issues.
- Always put data security ahead of employee device security. Your company’s data should always be your number one concern.
Contact RISQ Consulting today for more ways to help make sure your BYOD policy properly protects your company’s data.
- Published in Blog
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