Alaska Wears Pink – RISQ Consulting Team
October 1st – 31st
Description | Cancer has touched all of us in some way, and we want to stop this disease in its tracks. We’ll spend the next few weeks wearing pink and fundraising for the American Cancer Society. The money our team raises helps the American Cancer Society in so many ways. It’s helping fund innovative research. It’s providing free information for people dealing with the disease. It’s providing rides to treatment and places to stay for people who have to seek treatment far from home. In short, our money is helping save lives. Help us honor the lives lost to cancer, celebrate survivors, and support the caregivers who so selflessly help others. Most importantly, please consider donating to our team and helping advance the cause. Together, we’ll be a part of making a difference.
Team Donation Link | Donate to the cause HERE
- Published in Events
Preparing for the Fall and Winter Virus Season
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.
Fall and winter are when viruses that cause respiratory disease usually circulate more heavily. Before the COVID-19 pandemic, influenza (flu) and respiratory syncytial virus (RSV) were the main causes of severe respiratory disease during these times of year. Although some people have mild symptoms when they catch the flu or RSV, others get sick enough to be hospitalized. Some seasons are more severe than others based on strains of the viruses circulating and immunity to these viruses.
Respiratory disease season lasts from October through May in the United States, peaking between December and February. The timing and duration of virus activity have been unpredictable since the start of the COVID-19 pandemic. As the U.S. Centers for Disease Control and Prevention (CDC) reports early increases in some viruses, employers can plan to prepare for peak activity. Furthermore, the CDC predicts a possible increase in hospitalizations due to new COVID-19 variants or a severe flu season paired with waves of COVID-19 and RSV cases.
With respiratory infections likely in the fall and winter seasons, it’s important for employers to consider ways to mitigate or address illness among employees to help keep workers healthy and productive. This article highlights best practices for employers during the 2023-24 respiratory season.
Employer Guidance
While the COVID-19 pandemic and the public health emergency have officially ended, the coronavirus still has the potential to disrupt workplaces for the foreseeable future. As other respiratory viruses and infections spread during the fall and winter, employers should do their due diligence and continue incorporating employee health and safety in current workplace plans, policies and benefits.
Consider the following best practices for addressing employee health and safety during the 2023-24 respiratory virus season:
- Review organizational risks. Even though there are no longer any federal, state or local mandates related to COVID-19, employers can independently assess exposures and determine how to respond. Employers could identify the hazards and risks for their on-site workplaces and implement controls (e.g., personal protective equipment and administrative or engineering controls).
- Establish remote work policies. If the workforce is primarily on-site, employers can consider having a backup plan to allow employees to work from home when dealing with virus-related symptoms. Some respiratory illnesses may not be debilitating in all cases, so employees can still work but remain isolated to reduce the chances of others getting infected.
- Review paid time off and leave policies. Expanding leave policies, including allowing negative balances in paid time off banks and leave donation or sharing programs, could be helpful to employees battling illness in these seasons. Policies may also accommodate employees to take time off when they or their family members are sick.
- Encourage healthy employee behaviors. Employee education is critical for healthy employee behavior changes. Vaccinations have been shown to reduce hospitalizations, so employers can encourage employees to get vaccinated. This fall, vaccines for the flu, RSV and COVID-19 are available. Aside from vaccinations, people need to get a good night’s sleep, stay active and drink plenty of water to keep their immune systems strong. Employers could also encourage workers to eat a nutritious diet of healthy grains, fruits, vegetables and fiber. Employee benefits could support these aspects of personal health and wellness or even incentivize healthy behaviors.
- Keep cleaning supplies on hand. If employees are working on-site, it can be beneficial to have hand sanitizer and cleaning supplies available for employee use. Businesses can encourage good respiratory etiquette and hand hygiene to help prevent the spread of illnesses.
- Foster open communication. Employers can encourage employees to talk to their managers if they’re experiencing any health issues, including long-lasting ones that may impact their performance. Training for managers could also help them respond appropriately to such conversations, which could properly address employee concerns, strengthen employee well-being and reduce legal risks.
In general, employers must stay agile and accommodating while adapting to the post-pandemic workplace. Without local, state or federal COVID-19-related mandates, employers have more ownership of how they address the respiratory season while protecting and supporting their workforces.
For More Information
Along with the flu and RSV, COVID-19 has become a part of the respiratory virus season. As infections and hospitalizations are expected, employers can review workplace policies and consider ways to protect and support employees who may catch a respiratory infection this season.
For the latest updates about the current respiratory disease season, visit the CDC’s website. Contact us today for additional workplace strategy guidance.
- Published in Blog
The RISQ RECAP:
September 25th – September 29th, 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
Tech Startups in US, France, Germany Help in Fight Against Wildfires “This year has been a challenging one for Phil Schneider, who hasn’t seen wildfire behavior like this in his 47-year firefighting career. Blazes raged through more than 2,000 acres of wildland in recent months in his county deep in the woods of Oregon, where a wet climate once made forest fires unthinkable. That’s an increasingly common scene around the world — from Canada to Greece, global warming has helped fuel larger and more destructive blazes, pushing firefighting services to the brink. But Schneider has a new recruit to help manage the growing risks: artificial intelligence.” Full Article – Insurance Journal
US Home Insurance ‘Bubble’ Closer to Popping as Climate Risks Mount: Report “Home insurance costs that have soared in much of the US may get even higher. Tens of millions of properties around the country are insured at prices that haven’t caught up with the danger of hurricanes, wildfires and floods, according to a new report from the First Street Foundation, a nonprofit that works to define and communicate risks posed by climate change. First Street estimates that 39 million US homes are insured at artificially suppressed prices compared with the risk they actually face. Of those, nearly 6.8 million homes are covered by state-backed “insurer of last resort” policies.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Save Billions or Stick with Humira? Drug Brokers Steer Americans to the More Costly Choice “For real competition to take hold, the big pharmacy benefit managers, or PBMs, the companies that negotiate prices and set the prescription drug menu for 80% of insured patients in the United States, would have to position the new drugs favorably in health plans. They haven’t, though the logic for doing so seems plain.” Full Article – KFF Health News
COBRA Notice Litigation Update: Recent Decision Signals Some Skepticism of Plaintiff’s Claims “Despite the sheer volume of COBRA notice cases, courts have issued relatively little guidance on the merits of the plaintiffs’ claims. Based on the decisions and proceedings to date, this article describes some trends indicating that, although COBRA notice litigation may present a risk for plan sponsors, there are also multiple potential merits and class-based defenses available to defendants.” Full Article – Groom Law Group
Managing Increasing Health and Welfare Fiduciary Risks “Take action now to stave off the pending surge in class action litigation against health and welfare plan sponsors and fiduciaries. Plaintiffs’ firms are actively looking for potential employee plaintiffs who participate in group health plans. Manage risks by establishing a health and welfare plan fiduciary committee to conduct formal, well- documented processes to monitor health plan activities and service provider performance and fees.” Full Article – Nixon Peabody
Gag Clause Attestations Due December 31, 2023 “Under the Consolidated Appropriations Act of 2021 (CAA), group health plans and health insurance issuers are prohibited from entering into agreements with service providers restricting certain information that the plan may make available to another party. This information includes [1] provider- specific cost or quality information sharing with plan members or [2] claims data (including individual claims pricing) sharing with plan sponsors (and their service providers).” Full Article – Graydon Head & Ritchey LLP
One Year Later, Where Are the ‘Transparency in Coverage’ Compliance Studies “The authors posit that the lack of compliance monitoring is not for lack of interest but rather because of the complexity of the landscape to which the regulation applies. As such, in this piece, we lay the groundwork for compliance studies by outlining the agencies responsible for enforcing compliance with the TiC rule, delineating the universe of entities that are required to comply with it, and discussing how compliance might be assessed.” Full Article – Health Affairs Forefront
Action Steps Health Parity Should Take Now in Response to New DOL Guidance on Mental Health Parity “The Departments have consistently highlighted certain types of plan exclusions or limitations as problematic or out of compliance and addressed these areas again in both the 2023 MHPAEA Report to Congress and the Proposed Rules. Plan sponsors should review their plans carefully for these red flags and should also consider performing a more general MHPAEA compliance review of their group health plans, with an emphasis on the Department’s six areas of focus.” Full Article – Foley & Lardner 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.
TEXAS
Employee E-Signatures in Arbitration Agreements Under Scrutiny
“Regardless of the ultimate outcome of the AutoNation case, one thing is clear—employers should have e-signature systems that leave little room for doubt about the efficacy of the security procedures, and the resulting authenticity of an employee’s e-signature.” Full Article
– Hunton Andrews Kurth LLP
NEW YORK
New York Enacts Laws on Captive Audience Meetings, Wage Theft, and Gender Identity
“During a busy term at the New York Legislature, Governor Kathy Hochul signed legislation prohibiting captive audience meetings, categorizing wage theft as larceny, and expanding protection of “gender identity or expression” to interns.” Full Article
– Jackson Lewis P.C.
CALIFORNIA
New California Non-Compete Law Furthers the State’s Employee Mobility Protections and Seeks to Void Out of State Employee Non-Compete Agreements
“On September 1, 2023, California Governor Gavin Newsom signed legislation that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract.” Full Article
– Seyfarth Shaw LLP
WISCONSIN
Worker’s Compensation in the Work-from-Home Era
“At the onset of the COVID-19 pandemic in 2020, many employees around Wisconsin transitioned from a traditional office setting to working remotely from home. Since then, new questions have been raised by workers regarding which at-home injuries might be covered under the Worker’s Compensation Act.” Full Article
– State Bar of Wisconsin
NEW HAMPSHIRE
New Hampshire Adopts Workplace Accommodations for Nursing Mothers
“New Hampshire will guarantee the right of nursing mothers to an unpaid break of 30 minutes to pump for every three hours of work beginning July 1, 2025. This new state law comes in the wake of the 2022 federal PUMP Act, which requires employers nationwide to provide employees with reasonable break time to express breast milk for one year after a child’s birth.” Full Article
– Jackson Lewis P.C.
- Published in Blog
Understanding Pet Care And Its Impact On Your Health
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 American Pet Products Association reports that two-thirds (66%) of U.S. households own a pet. Dogs are the most popular, followed by cats and freshwater fish. Not only are pets a great companion, but they can boost an owner’s health and overall well-being. Humans and animals can have a true symbiotic relationship.
This article explores proper pet ownership, how to stay healthy and safe around pets, and the link between pet health and personal well-being.
Taking Care of Pets
Pets bring new responsibilities for owners—and part of that is knowing how to take care of the animal. To ensure your pet’s optimal health and happiness, consider these pet care tips:
- Select proper food. Dietary needs vary for pets based on the type of animal and age. For example, puppies require different food than senior dogs. Like humans, pets may also have special diets (e.g., gluten-free, grain-free and vegetarian) and nutritional needs. Improper feeding can lead to health issues (e.g., skin problems, malnutrition and obesity), and some human foods and plants are even toxic to animals. A vet can advise on a pet’s ideal diet.
- Provide 24/7 access to water. Pets always need access to clean and fresh water to stay hydrated and healthy. Hydration can lead to organ failure and potentially death. If pets live in water, such as fish or turtles, cleaning aquariums and tanks regularly is important so the pets don’t get sick. A contaminated tank can disrupt the balance of the ecosystem and harm the pet.
- Designate a safe, cozy shelter. Most pets need protection from extreme temperatures and weather conditions, so they shouldn’t be expected to live exclusively outdoors. Provide the pet with an appropriate environment to retreat to and feel safe. For example, cats may want a covered bed indoors.
- Socialize them early on. Pets can benefit from socialization, so it can be advantageous to get them out of the house or have guests over. For dogs, it’s important to socialize puppies with different sights, sounds, places and people and reinforce positive experiences. Many owners overlook behavioral issues, so it’s critical to address any problems right away so they don’t worsen.
- Exercise them regularly. Movement is important for your pet’s mental and physical health. Misbehavior is often a result of boredom when pets are left alone. A walk or exercise can be an opportunity to socialize with the pet further.
- Build healthy habits. Maintaining routine wellness checkups, vaccinations and teeth cleanings is important. Some pets also require regular grooming to stay happy and healthy. Many owners often neglect dental health, but this could result in periodontal disease and lead to tooth loss or systemic diseases. Similarly, if nails grow too long, they could cause health and mobility issues.
Many necessities that people need to survive and stay healthy are the same that animals need. A veterinarian can provide pet care guidance and recommendations.
Staying Healthy Around Pets
Everyday activities that are part of caring for your pet can spread germs from pets to people. Handling pet food and toys, cleaning cages and kissing a pet can pass germs from the pet to you. Keep in mind that pets can spread germs even if they look clean and healthy.
The risk of getting a disease from a pet is low for more people, but some groups are more likely to get sick from the germs that pets spread. Those groups include young children, older adults, people with weakened immune systems and pregnant women.
One of the best ways to prevent the spread of germs or diseases is to practice good hygiene. Hand-washing can help people stay healthy around pets and protect themselves against diseases. As such, hand-washing is important after playing with, feeding and cleaning up after a pet. Pets can contaminate surfaces in the home with germs, which means owners may pick up illnesses that way as well. It’s best to keep pets away from food and areas where food and beverages are prepared, served, consumed or stored. Proper hand hygiene is key to keeping animals and humans healthy.
Staying Safe Around Pets
Animals can feel stressed just like humans, so it’s important to understand the signs of stress in a pet and know when not to approach them. A common sign of chronic stress is reduced appetite, increased digestive problems or lethargy. Dogs may growl, whine, bark or pace when stressed out, and cats may excessively scratch, groom or vocalize. Pets can also sense an owner’s stress levels and take on any anxious feelings. If something seems off about a pet, it’s best not to dismiss it; address the triggers and take extra care of them.
Furthermore, a pet can help young children learn about compassion and responsibility, but they should be supervised while interacting with animals to ensure safety for all. Remember to teach children to wash their hands immediately after playing with animals or touching pet belongings (e.g., food and water dishes, beds and cages). Children are often the victims of bites and scratches and are more likely to get ill from pets.
Understanding the Link Between Pets and Well-being
The unconditional love of a pet can do more than offer companionship. Consider these benefits of owning a pet:
- Stress relief—Being in the physical presence of an animal can decrease the stress hormone cortisol, lowering your blood pressure and helping you feel less stressed.
- Boosted immunity—Pets can help lower blood pressure and the risk of developing allergic reactions (e.g., asthma and eczema).
- Routine management—Routines are good for humans and animals alike. The nudge to wake up and take care of a pet is good as it gets you going for the day and keeps the routine on track. Also, putting something or someone before you can provide a physical and mental boost.
- Increased socialization—Pets become companions, so developing more connections and socializing with others is beneficial. Animals can help an owner be more social and reduce loneliness. Going out in public with a pet often leads to more human connections.
- Active lifestyle—Adults need at least 150 minutes of moderate-intensity physical activity each week, and pet ownership can help people get moving. Movement not only supports physical health but also mental and emotional health. It can reduce anxiety, depression and negative moods. Physical activity is good for your mind and body—and your pet, too.
While these benefits focus on pet ownership, service animals can offer the same advantages. Service animals are trained to provide support for people with certain disabilities or conditions. This type of animal companionship can help those people feel less alone, guide them through outings or accomplish critical tasks.
Summary
Proper pet care is the core of responsible pet ownership. Pets depend on their owners for their health and well-being. It comes down to providing the basic necessities of life (e.g., food, water and shelter) and offering opportunities for exercise and socialization. In return, pet ownership can positively impact owners’ physical, mental and emotional wellness. Pets can provide owners with a sense of belonging, happiness and connection.
Talk to a veterinarian if you have questions about a pet or how to select the right animal companion for you.
- Published in Blog
Mental Health Minute
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.
Stress and anxiety is bound to creep into your life no matter the mitigation. When it does, you can prepare yourself with simple a quick techniques to sooth the impact and recover quicker.
How Can Grounding Techniques Help Manage Feelings?
Grounding is a practice that can help you manage experiences such as flashbacks, unwanted memories or negative emotions. These techniques involve focusing on the present to distract yourself from anxiety and other challenging emotions.
Physical Grounding Techniques
Physically grounding yourself involves using your senses to help you navigate feelings of distress. A technique to physically ground yourself is to put your hands in water and focus on the temperature of the liquid or switch from cold water to warm water and back while focusing on the present moment.
Other physical grounding exercises include deep breathing, savoring food or drink, picking up nearby objects and moving your body (e.g., walking, running in place or doing jumping jacks).
Mental Grounding Techniques
You can mentally ground yourself with exercises that prevent mental distractions and help redirect your thoughts to the present.
Such exercises include memory games, category-thinking (e.g., listing all the types of cake you can think of), reciting a song or book passage you know by heart, and visualizing a daily task you enjoy.
Soothing Grounding Techniques
Soothing techniques can be used to comfort yourself in times of high anxiety or distress. These techniques are intended to promote good feelings that reduce or distract from negative emotions.
You can practice soothing techniques by picturing the face of someone you love, repeating compassionate phrases about yourself, spending time with your pet, visualizing your favorite place or listing positive things.
Conclusion
Grounding techniques can help you manage unpleasant experiences like distress, anxiety, traumatic nightmares and flashbacks. Try these exercises to reduce distress when you first start to feel negative emotions.
Try These Mood-boosting Activities
Negative emotions and disappointments can easily derail your activities. Although it’s common to be in a bad mood occasionally, letting negative emotions take over your day can leave you feeling worse. Instead of ignoring a bad mood, try a mood-boosting activity.
Free Mood-boosters
- Walking outdoors is a great activity for improving your mood. Spending time outdoors and being in sunlight have both been proven to boost mood. Additionally, walking can release endorphins, which ease stress and discomfort.
- Find ways to laugh, such as watching funny videos, sharing jokes with a friend, going online or watching comedians.
- Try aromatherapy to de-stress. Smells can trigger positive memories and help relieve anxiety or stress. Find your favorite scented soap, smell something that reminds you of a loved one or sample a new essential oil.
- Play cheerful and upbeat music. This can help boost your mood, ease tension, reduce anxiety and even improve certain brain functions, such as memory.
- Do something nice for somebody else, such as a co-worker or friend. Being compassionate to others can make them feel better and may improve your mood as well. Consider small favors, such as doing chores for your housemate or partner, walking a neighbor’s dog or helping a stranger with their groceries.
- Talk to people in your life who uplift you. A short call or time spent with a loved one can help you reduce tension. As a bonus, your loved one may be able to make you laugh, take your mind off your troubles or remind you that you’re not alone.
Conclusion
The next time you’re in a bad mood, try one of these free mood-boosting activities to reduce stress and lessen the impact of negative emotions.
- Published in Blog
The RISQ RECAP:
September 18th – September 22nd, 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
Woodruff Sawyer: Softer D&O Market Still Offers Concerns for Underwriters “While concerns about a “tsunami of pandemic-related litigation” never quite materialized, according to Woodruff Sawyer in its latest D&O Looking Ahead Guide for 2023, those fears have been replaced with a number of others among D&O insurers. Economic challenges such as inflation and higher interest rates, as well as the threat of a recession, combined with the war in Ukraine, limited supply chains and a volatile stock market are creating a difficult environment for management teams and boards.” Full Article – Insurance Journal
Viewpoint: IT Asset Disposition Is Growing Cyber Security Threat for All Organizations “Cyber risk headlines are dominated by rising ransomware activity and soaring global data breach costs. The increased ransomware activity, driven largely by threat actor financial motives, has indiscriminately affected all industry segments – from large corporate clients to small to midsize enterprises alike. As a consequence, the cyber insurance market has witnessed notable changes. Both from a direct and reinsurer viewpoint, we have experienced pared-back coverage, increased pricing per million dollars of cover and limited capacity. While these developments top headlines, it is not the sole exposure point for corporations.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Pajamas, Pennies and Time Rounding “Submitted for your consideration are two court decisions, decided less than a year apart, and involving the same practice of rounding time entries up or down to the nearest quarter hour. The legal principles applicable to both decisions were identical, but their outcomes (so far) were very different.” Full Article – Constangy Brooks
The EEOC’s Strategic Plan Provides Insight Into its Priorities, Including Systemic Discrimination “The Equal Employment Opportunity Commission has released its Strategic Plan for Fiscal Years 2022-2026, effective immediately. This document provides employers with an overview of the EEOC’s particular areas of focus.” Full Article – Shawe Rosenthal
Labor Department Proposes Increasing Salary Threshold for Overtime Pay “On Aug. 30, 2023, the WHD of the DOL released a NPRM that proposes to revise the “white collar” overtime exemption regulations applicable to executive, administrative, and professional employees. Most notably, the highly anticipated proposal seeks to raise the salary threshold under which employees are eligible for overtime pay under federal labor law to $1,059 per week ($55,068 annualized).” Full Article – Greenberg Traurig LLP
State Pay Transparency Laws: What’s Required Now and What’s Next? “As the summer winds down, multistate employers must remain apprised of an ever – Cooley LLP
-increasing number of obligations in the area of pay transparency … We highlight recent developments to existing pay transparency laws, summarize new pay transparency laws enacted over the summer and offer compliance tips for multistate employers grappling with this growing nationwide trend.” Full Article
DOL’s Conflicting Versions of Independent Contractor Standard Under FLSA “In January 2021, the U.S. Department of Labor (DOL) under the Trump administration issued a final rule defining the standard for when a worker is an independent contractor for the purposes of the Fair Labor Standards Act (FLSA). This standard remains in effect, although the DOL under the Biden administration issued a new proposed rule redefining the standard in October 2022.” Full Article – Hall Benefits Law, LLC
Expanding Existing Bereavement Leave Policies to Account for Fertility Related Losses “Bereavement leave policies generally aim to provide employees with paid leave following the death of a family member. These policies, however, often fail to acknowledge the grief that employees experience upon a fertility related loss, such as a miscarriage. Fertility related losses are very common (with more than 1 in 4 pregnancies resulting in miscarriage) and frequently result in post-traumatic stress disorder (with almost 1 in 3 women developing PTSD after a miscarriage), and yet they remain largely unaddressed in the workplace.” Full Article – Mintz, Levin Cohn Ferris Glovsky and Popeo P.C.
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.
TEXAS
Employee E-Signatures in Arbitration Agreements Under Scrutiny
“Regardless of the ultimate outcome of the AutoNation case, one thing is clear—employers should have e-signature systems that leave little room for doubt about the efficacy of the security procedures, and the resulting authenticity of an employee’s e-signature.” Full Article
– Hunton Andrews Kurth LLP
NEW YORK
New York Enacts Laws on Captive Audience Meetings, Wage Theft, and Gender Identity
“During a busy term at the New York Legislature, Governor Kathy Hochul signed legislation prohibiting captive audience meetings, categorizing wage theft as larceny, and expanding protection of “gender identity or expression” to interns.” Full Article
– Jackson Lewis P.C.
CALIFORNIA
New California Non-Compete Law Furthers the State’s Employee Mobility Protections and Seeks to Void Out of State Employee Non-Compete Agreements
“On September 1, 2023, California Governor Gavin Newsom signed legislation that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract.” Full Article
– Seyfarth Shaw LLP
WISCONSIN
Worker’s Compensation in the Work-from-Home Era
“At the onset of the COVID-19 pandemic in 2020, many employees around Wisconsin transitioned from a traditional office setting to working remotely from home. Since then, new questions have been raised by workers regarding which at-home injuries might be covered under the Worker’s Compensation Act.” Full Article
– State Bar of Wisconsin
NEW HAMPSHIRE
New Hampshire Adopts Workplace Accommodations for Nursing Mothers
“New Hampshire will guarantee the right of nursing mothers to an unpaid break of 30 minutes to pump for every three hours of work beginning July 1, 2025. This new state law comes in the wake of the 2022 federal PUMP Act, which requires employers nationwide to provide employees with reasonable break time to express breast milk for one year after a child’s birth.” Full Article
– Jackson Lewis P.C.
- Published in Blog
Protecting Your Business From Power Surges
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.
Power surges, which are sudden spikes in electrical voltage, can wreak havoc on business equipment and systems. While they may seem like minor inconveniences, power surges can have a significant impact on a business’s bottom line. This article explores the dangers of power surges, effective strategies to shield businesses from their effects and the crucial role of insurance in safeguarding their assets.
What Causes a Power Surge?
A power surge happens when there’s a sudden increase in electrical voltage in a building’s electrical system or the electrical grid. These voltage spikes are caused by different factors, like lightning strikes that discharge massive amounts of electricity into the grid or directly into buildings. Electrical grid fluctuations, such as changes in demand or power line switching, can also cause surges. Internally, power surges can happen when there’s faulty wiring, malfunctioning appliances, or when power-hungry equipment like heating, ventilating and air conditioning systems and large motors start up. These surges can spread throughout the electrical system, potentially damaging connected devices and equipment.
Identifying the various sources of power surges is important to ensure effective surge protection in commercial settings.
The Impact of Power Surges on Business Operations
The impact of power surges on business operations can be substantial and far-reaching. Financially, power surges can lead to extensive costs, including equipment damage or replacement expenses and downtime, resulting in lost productivity and revenue. Beyond the financial implications, surges can inflict reputational damage on a business, eroding customer trust and partnerships due to frequent disruptions and equipment failures. In essence, power surges have the potential to disrupt normal business operations, strain resources and harm a company’s reputation, making them a critical concern for businesses of all sizes and industries.
Strategies to Protect Against Power Surges
To protect against power surges, businesses can utilize the following effective strategies and tools:
- Surge protection devices (SPDs)—These devices should be installed at critical points in the electrical system to divert excess voltage away from sensitive equipment and prevent damage. It’s advisable to install SPDs throughout different areas of a building. The three primary zones for protection are service entrance SPDs, distribution panel SPDs and point-of-use SPDs. Service entrance SPDs prevent surges from entering the building, while distribution panel SPDs limit the spread of surges to downstream areas. Point-of-use SPDs offer targeted protection for specific assets.
SPD installation should comply with the manufacturer’s recommendations. SPDs need to be properly sized and grounded to protect equipment.
- Uninterruptible power supply (UPS)—A UPS is a type of device that powers equipment nearly instantaneously in the event of grid power failure, protecting the equipment from damage. Implementing a UPS can provide a temporary power source during surges or outages, allowing for safe equipment shutdown.
- Grounding and bonding—Proper grounding and bonding of the electrical system can reduce the risk of surges caused by electrical faults.
- Regular electrical maintenance—Regular inspections and maintenance can help identify and address potential issues before they lead to surges.
- Employee training and awareness—Educating employees about power surge risks and establishing protocols for immediate response can minimize damage and downtime in the event of a surge.
By adopting these strategies and tools, businesses can significantly enhance their protection against power surges and avoid potential financial and operational disruptions.
The Role of Commercial Property Insurance
Even though preventive measures are essential, power surges can occur unexpectedly, and accidents can happen. However, there is good news for businesses. Commercial property insurance policies and appropriate endorsements can help cover the financial losses that result from power surges. Here are some of the benefits of such coverage:
- Equipment replacement coverage—Insurance can cover the cost of repairing or replacing damaged equipment.
- Business interruption coverage—If power surges cause downtime, insurance may compensate a business for lost income during that period.
- Spoiled inventory coverage—Insurance may cover the cost of spoiled inventory that results from power outages.
Conclusion
To ensure smooth operations, businesses should take proactive measures to protect against power surges. This can be achieved by implementing surge protection strategies and acquiring the appropriate insurance. By doing so, businesses can safeguard their assets and maintain productivity even when faced with power surges.
Contact us today for additional guidance on commercial property risks.
- Published in Blog
How Employers Are Shifting Strategies as Recruitment and Retention Struggles Continue
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.
Workplace dynamics have significantly changed in the last few years. Employers have been forced to respond to increasing worker demands for workplace flexibility, well-being initiatives and inclusive cultures. In addition, workers are becoming more vocal about management styles they are no longer willing to tolerate. This has resulted in many employers continuing to struggle to attract and retain talent. To address these struggles, many organizations have started altering their approach to workforce attraction and retention.
This article discusses current recruitment and retention trends and provides several strategies employers are using to help address and overcome such struggles.
Recruitment and Retention Struggles Continue
Employers continue to grapple with recruitment and retention struggles due in large part to changing employee preferences. According to a recent study by Willis Towers Watson, 83% of employers reported difficulty attracting employees, while 74% reported difficulty retaining employees. These are the highest figures in the past 12 years. Many organizations are still dealing with the lingering impact of the COVID-19 pandemic, which reshaped workers’ expectations, including where and when they work. This has forced many organizations to adapt their recruitment strategies.
Moreover, the tight labor market increased competition among employers for key talent, pressuring organizations to offer attractive compensation and benefits packages. Despite these efforts, nearly 75% of employers are experiencing talent shortages and difficulty hiring, according to a 2023 survey by global workforce solutions company ManpowerGroup. As these trends persist, employers’ recruitment and retention struggles continue. This is forcing employers to develop new and innovative approaches to address these challenges.
Employees Are More Selective in Where They’re Willing to Work
Workplace environments and management approaches are impacting where employees choose to work, according to a recent survey by online employment solution company Monster. The survey results revealed that certain employment practices and behaviors create anxious or negative feelings among employees, which employees consider red flags. The survey also found that the biggest employee concern is being micromanaged by supervisors and managers. Other red flags included:
- Excessive meetings
- Inflexible work hours
- Team bonding exercises or out-of-office events
- Mandatory assignments during the interview process
- Inability to negotiate benefits
Awareness of these concerns can allow employers to evaluate whether any red flags are present in their organizations and make necessary changes to improve their recruitment and retention efforts.
Strategies to Address Recruitment and Retention Struggles
Due to these ongoing struggles, many employers are responding with multiple strategies as well as focusing on emotional intelligence in their attraction and retention efforts. This is leading many organizations to shift to taking a holistic approach to attracting and retaining workers by focusing on customizable benefits, positive work environments and meaningful work assignments and duties.
Employers can consider the following strategies as they respond to their ongoing recruitment and retention struggles:
- Prioritize onboarding. Employees who go through a structured onboarding are 58% more likely to remain with the organization after three years, according to a study by the Wynhurst Group. By including onboarding in an organization’s overall engagement and retention strategy, employers can better communicate their values, foster a positive relationship and communicate expectations to set employees up for success. Onboarding is also an opportunity to educate employees on the full range of available benefits, ensuring that employees are aware of all the benefits available to them.
- Create meaningful connections. Making sure employees have meaningful workplace connections can help employees feel supported and valued. It also tends to increase workers’ loyalty and commitment to an organization. Employers can do this when new employees join the organization by assigning mentors, scheduling regular check-ins and organizing team-building activities.
- Utilize employee engagement surveys. Employee feedback can be a valuable resource for employers to understand their workforce. Surveys can uncover underlying issues, such as decreased productivity or high turnover rates, and create actionable change that drives progress within an organization. Employers who effectively utilize employee surveys may see many benefits, such as increased employee engagement, job satisfaction and retention.
- Train managers and supervisors. Managers can significantly impact employee engagement, job satisfaction and productivity, and retention. When managers lack important interpersonal skills or emotional intelligence, they can contribute to high rates of turnover. Organizations can train managers to have strong interpersonal skills (e.g., connection, honesty, respect and communication) so they can better recognize and respond to employee needs.
- Improve workplace culture. Toxic workplace culture is the top reason employees quit their jobs, according to a recent survey by employment website FlexJobs. When employees feel overworked and underappreciated, they’re more likely to look for new opportunities. Employers can create a positive and healthy workplace culture by promoting mental health and well-being and fostering open and transparent communication.
Takeaway
Employers who successfully address the reasons employees choose not to accept job offers or quit their jobs will likely experience less time to fill open roles and reduced employee turnover rates. This can help organizations reduce hiring costs, improve employee morale, and give a competitive advantage over similar organizations that are unable to address their ongoing recruitment and retention challenges.
For more workplace resources, contact RISQ Consulting today.
- Published in Blog
The RISQ RECAP:
September 11th – September 15th, 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
California Lawmakers Approve Nation’s Most Sweeping Emissions Disclosure Rules for Big Business “Major corporations from oil and gas companies to retail giants would have to disclose their direct greenhouse gas emissions as well as those that come from activities like employee business travel under legislation passed by California lawmakers, the most sweeping mandate of its kind in the nation. The legislation would require thousands of public and private businesses that operate in California and make more than $1 billion annually to report their direct and indirect emissions. The goal is to increase transparency and nudge companies to evaluate how they can cut their emissions.” Full Article – Insurance Journal
Google’s Search Dominance Challenged in Biggest Antitrust Trial in Decades “Google has exploited its dominance of the internet search market to lock out competitors and smother innovation, the Department of Justice charged Tuesday at the opening of the biggest U.S. antitrust trial in a quarter century. “This case is about the future of the internet and whether Google’s search engine will ever face meaningful competition,” said Kenneth Dintzer, the Justice Department’s lead litigator. Over the next 10 weeks, federal lawyers and state attorneys general will try to prove Google rigged the market in its favor by locking its search engine in as the default choice in a plethora of places and devices. U.S. District Judge Amit Mehta likely won’t issue a ruling until early next year. If he decides Google broke the law, another trial will decide what steps should be taken to rein in the Mountain View, California-based company.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Illinois Enacts Pre-Tax Commuter Benefits Requirement “Beginning January 1, 2024, certain employers located within designated Illinois counties and townships will be required to provide employees a ‘pre-tax commuter benefit.’ Employers must allow covered employees to use pre-tax dollars for the purchase of a transit pass through payroll deduction. A transit pass is any pass, token, care card, and the like entitling the employee to take public transit.” Full Article – Jackson Lewis P.C.
You May Need to Lower Employees’ Premiums to Keep Plans Affordable Under the ACA “The authors are seeing an increased focus on ACA compliance and expect to see a ramp up in employer penalty notification. A failure to consider whether your plan is affordable when passing through any premium increases could result in an unintended penalty for each employee who enrolls in exchange coverage and qualifies for financial assistance.” Full Article – Bricker Graydon
New Federal Rules Seek to Strengthen Mental Health Parity “Although MHPAEA has been in effect for more than a decade now, regulators enforcing the law have often struggled to narrow the many gaps in access between MHSUD and medical/surgical benefits …This proposed rule makes the NQTL standard more prescriptive and incorporates outcomes data, and if finalized would represent a significant step forward in MHPAEA enforcement.” Full Article – Health Affairs Forefront
District Court Dismisses Employees’ COBRA Notice Claims, Save One (Involving COVID-19) “In litigation involving an employer’s alleged notice violations under COBRA, a district court rejected almost all of the employees’ claims for why the notices were deficient. In the one claim that survived dismissal, an employee who was terminated in June 2020 alleged that the employer’s COBRA election notice failed to state an enrollment deadline that accurately reflected COVID-19-related time extensions.” Full Article – Thomson Reuters Practical Law
5 Things to Know About the New Drug Pricing Negotiations “The long-term consequences of the new policy are unknown. One theory is that reducing the prices drug companies can charge in Medicare will lead them to increase prices for the privately insured. Another theory is that Medicare price negotiations will equip private health plans to drive a harder bargain. Even though negotiated prices won’t take effect until 2026, drug companies haven’t wasted time turning to the courts to try to stop the new program in its tracks.” Full Article – KFF Health News
Circuit Court Holds ERISA Preempts State PBM Regulation “The court’s opinion distinguished the case from Rutledge v. Pharmaceutical Care Management Association (PCMA), in which the Supreme Court held that an Arkansas law requiring PBMs to tie their reimbursement rates to pharmacies’ costs was not preempted by ERISA because it did not dictate plan choices. The 10th Circuit reasoned that, whereas the Arkansas law at issue in Rutledge merely resulted in an increase of costs for the PBM, the Act goes further by potentially having a direct effect on a plan’s network design, and therefore ‘governs a central matter of plan administration.’” Full Article – Slevin & Hart, P.C.
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.
NOREGON
Oregon’s PFML Program is Going Live Soon – What Employers Need to Know
“Eligible employees may receive benefits under Oregon’s paid family and medical leave (PFML) program starting September 3, 2023 . . . This advisory provides a brief overview of PFML program basics, explains recent changes to PFML and related laws, and highlights some key considerations to help employers navigate this new program.” Full Article
– Davis Wright Tremaine LLP
NEW YORK
Reminder: New York State Pay Transparency Obligations Take Effect Sept. 17
“Employers are reminded that the New York State Pay Transparency Law goes into effect Sept. 17, 2023. Covered employers in New York State will have new pay transparency obligations related to job advertisements.” Full Article
– Jackson Lewis P.C.
FLORIDA
Inching Forward Toward Potential Clarification of Florida’s Individual Freedom Act (the “Stop W.O.K.E.” Law)
“On August 24, 2023, over a year after Florida’s Individual Freedom Act (IFA) (commonly referred to as the ‘Stop-W.O.K.E.’ law) went into effect, and about one year after a Florida federal court partially enjoined the new law, a three-judge panel for the U.S. Court of Appeals for the Eleventh Circuit Court heard argument in Florida’s attempt to dissolve the injunction and allow the law to go forward unimpeded.” Full Article
– Littler Mendelson P.C.
COLORADO
Colorado Expands Paid Sick Leave
“On Aug. 7, 2023, Colorado expanded employee rights to additional uses of paid and protected sick leave with the addition of new categories for which employees can use sick leave.” Full Article
– Brownstein Hyatt Farber Schreck LLP
MAINE
Maine Enacts Expansive Paid Family and Medical Leave Law
“The law (as amended prior to enactment), which will cover all employers with one or more employees working in Maine, establishes a state-managed program whereby employers and employees will contribute to a paid Family and Medical Leave Insurance Fund (the ‘Fund’).” Full Article
– Proskauer Rose LLP
- Published in Blog