A Primer on Medical Stop-loss Insurance
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.
Catastrophic and unexpected health care claims are on the rise. This increase in catastrophic claims is, in part, the result of medical and pharmaceutical advances, such as specialty drugs and cell and gene therapies, as well as medical price inflation. As a result, many employers with self-funded health plans are actively looking for ways to minimize their financial exposures to potentially catastrophic claims. A common strategy these employers have leveraged is purchasing stop-loss insurance.
This article provides a general overview of stop-loss insurance and outlines some considerations for employers to keep in mind when deciding whether to purchase this coverage.
What Is Stop-loss Insurance?
Generally speaking, stop-loss insurance helps self-funded employers protect themselves from higher-than-anticipated health claim payouts by limiting their exposure to employee medical claims that exceed a predetermined amount. In other words, such coverage can prevent abnormal claim frequency and severity from draining employers’ financial reserves.
Stop-loss insurance plays an important role in helping employers manage their health care costs and protecting against unexpected or catastrophic claims, as it sets a ceiling for the amount they pay in health claims. This coverage is not a form of medical insurance, but rather a policy employers can purchase to manage their financial risks.
How Does Stop-loss Insurance Work?
Under a stop-loss insurance policy, an employer’s claims liability is limited to a certain amount (also called an attachment point), therefore ensuring abnormal employee health claims do not drain the employer’s financial reserves. An employer can add stop-loss insurance to an existing plan or purchase it independently.
If an employer’s health claims exceed a predetermined amount, their insurer will usually reimburse them for all additional claims. For example, if an employer has a stop-loss insurance policy with an attachment point of $500,000, their insurer will typically begin providing reimbursement after the plan’s claims exceed $500,000. It’s worth noting that since stop-loss coverage only reimburses an employer for claims that exceed their policy’s attachment point, the employer is initially responsible for paying employee claims before they reach the established cost ceiling.
Types of Stop-loss Insurance
There are two types of stop-loss insurance: individual (or specific) and aggregate (or total claims). Understanding the difference between individual and aggregate stop-loss insurance can help self-funded employers evaluate and determine which coverage best meets their needs and reduces their financial exposures. Because health plan usage can be unpredictable, some employers choose to purchase both individual and aggregate stop-loss insurance to provide their organizations with maximum financial protection.
Individual Stop-loss Insurance
Individual stop-loss insurance limits an employer’s liability when an individual employee’s medical claims exceed the attachment point. As such, this coverage can protect employers against unexpectedly high claims from individual employees.
Aggregate Stop-loss Insurance
Aggregate stop-loss insurance can help safeguard employers from the total sum of health claims for an entire group of employees rather than any one individual. Under this coverage, an employer is usually reimbursed when their expenses for all employees’ medical claims exceed the attachment point for the plan year.
Stop-loss Insurance Considerations
Each organization is unique. Deciding whether stop-loss insurance is necessary depends on an organization’s specific needs, workforce characteristics and risk tolerance. Reviewing all relevant factors (e.g., rates, policy terms and potential exposures) can help employers decide whether purchasing this coverage makes sense. Employers can consider the following factors when evaluating whether to purchase stop-loss insurance.
Understanding the Attachment Point
The attachment points for individual and aggregate stop-loss insurance differ. Generally, the attachment point for an individual stop-loss policy is a specific dollar amount. As a result, an employer is only responsible for an individual employee’s claims up to that amount.
For aggregate stop-loss insurance, the attachment point is usually a percentage of expected claims. The typical attachment point for aggregate stop-loss insurance tends to be between 120% and 125% of expected health claims. In any case, a stop-loss insurance policy’s attachment point can vary depending on factors such as the employer’s size, employee demographics and overall risk profile.
Evaluating Coverage Limitations
Stop-loss insurance plans are medically underwritten; therefore, an insurer may refuse to cover certain conditions or require higher claim thresholds for those conditions. For example, if a plan enrollee consistently has high-cost claims, a stop-loss insurer may refuse to continue to cover that enrollee or require a higher claim threshold for the enrollee. This practice is known as lasering.
Additionally, since stop-loss contracts typically last for one year, an employer’s high-cost claimants may only be covered for a few months before the insurer excludes them from the policy upon renewal. Thus, the employer will likely be financially exposed to those claims the following year.
Monitoring Increasing Costs
While stop-loss insurance can help employers reduce their financial exposures when health claims are higher than anticipated in a given year, the cost of such coverage can increase annually. Rising claims can also make it more difficult to obtain rates from other providers.
Ensuring Stop-loss Coverage Aligns With Health Plan Provisions
Some stop-loss policies may exclude certain medical treatments or classes of individuals covered by employers’ health plans. Consequently, employers may be on the hook for expensive claims that aren’t covered under their stop-loss policies. Therefore, employers should consider reviewing their stop-loss policies and health plan provisions to ensure they align to limit their potential financial exposures.
Summary
Selecting the right insurance policies can have major financial repercussions for employers. Having sufficient coverage can lower employers’ insurance costs, reduce their risks and keep their workers healthy. Stop-loss insurance can make all the difference in helping employers mitigate their financial risks, especially as catastrophic health claims are increasing. Understanding stop-loss insurance will allow employers to make the best policy decisions for their respective organizations.
For more health care resources, contact RISQ Consulting today.
- Published in Blog
The RISQ RECAP:
March 13th – March 17th, 2023
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Transactional risk insurance remains a critical factor in M&A – report
“Transactional risk insurance remains a critical factor in de-risking deals, according to a new report from Marsh Specialty. The report, Transactional risk insurance 2022: year in review, discusses the continued rise of transactional risk insurance as a mainstream feature of M&A deals globally. While transactional risk insurance was viewed as an esoteric product two decades ago, today it’s a mainstream strategy for protecting buyers and sellers from the risks inherent in M&A transactions, the report said.” Full Article
– Insurance Business Magazine
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
IRS Provides an “Electric Shock” by Lowering Mandatory Electronic Filing Threshold “Many plan sponsors, employers, and other filers not currently subject to mandatory electronic filing will be ensnared by the new regulations and be required to file returns electronically.” Full Article – Groom Law Group
Surprise-Billing Law Loophole: When ‘Out-of-Network’ Doesn’t Quite Mean Out-of-Network “What’s the difference between a hospital that’s ‘in-network’ and one that’s a ‘participating provider’? In this case, by contracting with Regence as an out-of-network but also participating provider, Swedish straddled the line between being in and out-of-network.” Full Article – Kaiser Health News
Departments Issue Guidance Requiring First Annual “Gag” “While explicit, direct violations of the prohibition on gag clauses may not be difficult to determine, provisions that have the effect of restricting the disclosure of information or data in violation of the gag clause prohibitions may not be obvious.” Full Article – The Wagner Law Group
Attestation by December 31, 2023
It Doesn’t Have to be That Way: Negotiating Good Service Provider Agreements is More Important Than Ever “It is time to get serious (and maybe even more serious) about privacy and security. Employers who have employees located in California in particular should be looking at these rules to ensure that their benefit plan service providers are in compliance with these requirements.” Full Article – Holland & Hart LLP
What the End of the COVID-19 Pandemic Means for Employee Benefit Plan Deadlines and Coverage “The calculation of normal deadlines will resume on July 10, 2023, for individuals whose Relief Event date was after July 10, 2022. Employers would also be well served to review COBRA notices previously issued to determine if an updated notice or communication is merited in light of the impending end of the relief.” Full Article – Jackson Lewis P.C.
Text of IRS Rev. Proc. 2023-17: Adjusted Applicable Dollar Amounts Under Section 4980H, for Calculation of 2024 Employer Shared Responsibility Payments (PDF) “This revenue procedure provides indexing adjustments for the applicable dollar amounts under Section 4980H(c)(1) and (b)(1) of the Internal Revenue Code. These indexed amounts are used to calculate the employer shared responsibility payments (ESRP) under Section 4980H(a) and (b)(1), respectively.” Full Article – Groom Law Group
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.
Illinois Supreme Court Rules BIPA Claims Accrue With Each Scan “On February 17, the Illinois Supreme Court issued its long-awaited decision in Cothron v. White Castle, holding that a claim under Illinois’ Biometric Information Privacy Act (BIPA) is triggered upon each biometric scan, rather than just the first.” Full Article – Troutman PepperILLINOIS
Seattle Becomes the First U.S. Jurisdiction to Prohibit Caste Discrimination “On February 21, 2023, the City of Seattle, Washington became the first U.S. city – or any U.S. jurisdiction for that matter – to add caste to its list1 of categories protected against discrimination.” Full Article – Littler MendelsonWASHINGTON
Massachusetts May Be Next in Line to Enact Pay Transparency Laws “The proposed law focuses on a broad range of employee and wage data, including the number of employees by race, ethnicity, and gender that fall within certain job categories or roles, and their corresponding wage information.” Full Article – Nelson Mullins Riley & ScarboroughMASSACHUSETTS
New Jersey Enacts First-of-Its-Kind Temporary Workers’ Bill of Rights “Under the law, employers must pay temporary workers no less than the average rate of pay and cost of benefits provided to company employees in similar positions who perform the same or substantially similar work. It also gives temporary workers rights to certain information on the terms and conditions of their engagement and imposes significant obligations on staffing agencies and their clients.” Full Article – Morgan Lewis & BockiusNEW JERSEY
CA Win for Employers: Ninth Circuit Holds That California AB 51 Prohibiting Mandatory Arbitration is Preempted by the Federal Arbitration Act ““As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a law that prohibited “forced arbitration” as a condition of employment.” Full Article – McDermott Will & EmeryCALIFORNIA
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High Deductible Health Plans
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.
Enrolling in a high deductible health plan (HDHP) allows you to place pre-tax earnings in a health savings account (HSA). Then, you can use these saved funds to pay for medical, dental and vision care, and most medications.
The Basics of HDHPs
Many people enroll in an HDHP, a health insurance option that does not cover your first dollar of medical expenses. Instead, these plans have a high deductible that must be met before most services are covered at 100 percent. In general, the deductible must apply to all medical expenses (including prescriptions) covered by the plan. However, plans can pay for “preventive care” services on a first-dollar basis (with or without a copay), including routine prenatal and well-child care, child and adult immunizations, annual physicals, mammograms, pap smears, etc.
HDHPs and HSAs: Their Connection
An HSA is an account that can be funded with your tax-exempt dollars, by your employer, or by both, to help pay for eligible medical expenses not covered by your insurance plan.
Anyone who meets the following criteria is eligible for an HSA:
- Covered by an HDHP, and not covered by any other plan that is not an HDHP
- Not entitled to Medicare benefits
- Not eligible to be claimed on another person’s tax return
After visiting your physician, health care facility or pharmacy, your medical claim will be submitted to your HDHP for payment. Then, you can use your HSA to pay for out-of-pocket expenses that were not covered by your plan. Or, you can simply save your money in your HSA for future medical costs.
For more information on HSAs, ask RISQ Consulting about their HSA flyer!
Why Enroll in a HDHP and Open an HSA?
- Once your deductible is met, most medical costs are covered at 100 percent.
- Contributions to and withdrawals from HSAs for qualified expenses are tax-exempt
- Ability to save for future medical expenses
- Funds roll over from year to year
- If the account is through your employer and you leave, you take it with you.
- You control and manage your health care expenses.
Contributions Are Easy!
Once enrolled in an HDHP, you (and your employer if the account is through your job) can make contributions to your HSA. Remember though, your total contributions are limited annually.
If you make contributions, you can deduct them (even if you do not itemize your deductions) when filling out your income tax return.
- Published in Blog
Vehicle Thefts Surpassed 1 Million in 2022
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.
Vehicle thefts nationwide surpassed 1 million last year. This was a 7% increase over 2021 numbers and the first time thefts reached that total since 2008, according to a new analysis from the National Insurance Crime Bureau (NICB).
“We are seeing vehicle theft numbers that we haven’t seen in nearly 15 years, and there is very little deterrent to stop criminals from committing these acts,” David Glawe, president and chief executive of NICB, said in a statement. “We must reinvest in local law enforcement, provide the necessary resources for prosecution and community policing programs and implement early intervention programs given the high incidence of juvenile offenders involved in vehicle thefts.”
Law enforcement agencies and communities reported over 250,000 thefts in the fourth quarter of 2022. California and Texas led the nation last year with the most reported stolen vehicles at roughly 202,700 and 105,000, respectively. Among the 10 states with the most vehicle thefts, Illinois (sixth-highest overall) had the most significant year-over-year increase of 35%. Following that was Washington (third-highest overall), with an increase of 31% from 2021.
The remaining states in the top 10 were Florida, Colorado, Ohio, Missouri, New York and Georgia. NICB used data from the National Crime Information Center to conduct its analysis.
Thefts of Kia and Hyundai vehicles spiked in recent years. In September, the Highway Loss Data Institute (HLDI) called Hyundai and Kia vehicles “easy targets” since many 2015 to 2019 model-year vehicles lack electronic immobilizers.
Electronic immobilizers prevent thieves from simply breaking into a vehicle and bypassing the ignition. Immobilizers were standard on 96% of other manufacturers’ vehicles in 2015 but standard on only 26% of Hyundai and Kia models, according to IIHS.
Some insurers, including Progressive and State Farm, started refusing to write policies for Hyundai and Kia models in certain cities. Michigan’s Department of Insurance and Financial Services (DIFS) issued a bulletin reminding insurers the state requires they offer auto insurance to all residents regardless of make or model—including Kia and Hyundai vehicles.
“In other states, some insurers have attempted to deny or limit auto coverage for [Kia and Hyundai vehicles],” Anita Fox, director of Michigan’s DIFS, said in a statement. “Our new bulletin clearly states that such actions are prohibited in Michigan. DIFS will continue to ensure that every eligible Michigan driver can get the auto insurance they need to legally drive on Michigan roads.”
Insurers can respond to the “indisputably” increased risk of Kia and Hyundai thefts by charging more for comprehensive coverage or choosing not to insure them, Robert Passmore, department vice president of personal lines at the American Property Casualty Insurance Association (APCIA), said.
“That said, any action that insurer would take would have to be in accordance with state law,” Passmore said in a written statement. States have rules about rate filing, canceling, and non-renewals. Also, some states have “take all comers” requirements prohibiting insurers from denying coverage based on vehicle make and model.
Kia and Hyundai have software fixes and other anti-theft devices available to drivers. Vehicle owners should contact their local dealer for more information. And, when shopping for insurance, be sure to let the insurer know if their vehicle has had the software upgrade.
Last year’s roughly 1.02 million stolen vehicles were just under 2008’s total of 1.05 million. NICB noted that law enforcement may still report thefts from 2022, meaning the numbers may change.
NICB recommends that vehicle owners follow good security practices and that their auto insurance policies are current. Owners should roll up their windows, lock their car doors, park personal vehicles in a garage, and park in well-lit areas.
- Published in Blog
The RISQ RECAP:
March 6th – March 10th, 2023
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Livestock Operations Grow as Demand Rises; Nationwide’s Cumings Sees Direct-to-Consumer Models Adding Additional Liability Risk
“Specialization is critical in the cattle business and increased consumer demand for protein is driving new trends, including niche farms that offer direct-to-consumer strategies. In today’s evolving and growing livestock landscape, deep knowledge of market conditions and specialization is key to success, according to Erin Cumings, a senior consultant with Nationwide’s sponsor relation team who has years of agribusiness underwriting expertise. But for those agents willing to develop that expertise, she sees opportunities for agents in this changing and dynamic market.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
DOL Issues Internal Guidance on Telework Under the FLSA & FMLA “FAB 2023-1 addresses FLSA regulations governing “hours worked,” rules related to break time and privacy for nursing employees, and regulations regarding FMLA eligibility factors.” Full Article – Jackson Lewis
OSHA Implements Pilot Program to Streamline Complaint Intake Process “This pilot program aims to relieve the strain on OSHA’s investigative resources by allowing an investigator to administratively close a complaint without needing to contact the Complainant.” Full Article – Proskauer Rose
Tick-Tock-Time for Healthcare Employers to Review Their Internet and Social Media Use Policies! “Every healthcare organization, from small medical groups to large health systems, should adopt a social media use policy that outlines permissible uses, best practices, and potential discipline in the event of violations by their employees.” Full Article – Sheppard Mullin Richter & Hampton
Paid Leave for USERRA? We Recommend a Comparability Analysis “The Ninth Circuit recently addressed the issue of whether an employer is required to provide pay for employees taking short-term military leave when it offers other types of short-term paid leave. In Clarkson v. Alaska Airlines, Inc., the Ninth Circuit revived a class action claiming discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA) for the failure to pay short-term military leave.” Full Article – Baker McKenzie
Supreme Court Upholds Ruling That FLSA Overtime Exemption Didn’t Apply to Day-Rate Rig Worker “On Sept. 9, 2021, the U.S. Court of Appeals for the Fifth Circuit held a highly compensated rig worker was not exempt from the Fair Labor Standards Act’s (FLSA’s) overtime requirements because the employee was paid on a day rate as opposed to a guaranteed salary. On Feb. 22, 2023, the U.S. Supreme Court affirmed this decision.” Full Article – McGuire Woods
NLRB Prohibits Confidentiality and Non-Disparagement Provisions in Severance Agreements with Broad Implications “On February 21, the National Labor Relations Board (NLRB or Board) reversed course from its own Trump-era precedent when it held that an employer’s offer of employee severance agreements with broad confidentiality and non- disparagement provisions is an unfair labor practice in violation of Section 8(a)(1) of the National Labor Relations Act (Act).” Full Article – Troutman Pepper
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.
Illinois Supreme Court Rules BIPA Claims Accrue With Each Scan “On February 17, the Illinois Supreme Court issued its long-awaited decision in Cothron v. White Castle, holding that a claim under Illinois’ Biometric Information Privacy Act (BIPA) is triggered upon each biometric scan, rather than just the first.” Full Article – Troutman PepperILLINOIS
Seattle Becomes the First U.S. Jurisdiction to Prohibit Caste Discrimination “On February 21, 2023, the City of Seattle, Washington became the first U.S. city – or any U.S. jurisdiction for that matter – to add caste to its list1 of categories protected against discrimination.” Full Article – Littler MendelsonWASHINGTON
Massachusetts May Be Next in Line to Enact Pay Transparency Laws “The proposed law focuses on a broad range of employee and wage data, including the number of employees by race, ethnicity, and gender that fall within certain job categories or roles, and their corresponding wage information.” Full Article – Nelson Mullins Riley & ScarboroughMASSACHUSETTS
New Jersey Enacts First-of-Its-Kind Temporary Workers’ Bill of Rights “Under the law, employers must pay temporary workers no less than the average rate of pay and cost of benefits provided to company employees in similar positions who perform the same or substantially similar work. It also gives temporary workers rights to certain information on the terms and conditions of their engagement and imposes significant obligations on staffing agencies and their clients.” Full Article – Morgan Lewis & BockiusNEW JERSEY
CA Win for Employers: Ninth Circuit Holds That California AB 51 Prohibiting Mandatory Arbitration is Preempted by the Federal Arbitration Act ““As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a law that prohibited “forced arbitration” as a condition of employment.” Full Article – McDermott Will & EmeryCALIFORNIA
- Published in Blog
The Productivity Technique That Actually Works For Me
By Ashley Snodgrass, Employee Benefits Analyst
If you are having a hard time structuring your workday, I would recommend trying out the Pomodoro Technique. It’s not just an Italian tomato, it’s also a fantastic time structuring system. I have found this method to be the best at keeping me focused on prioritizing the right tasks all day long. The essence of the technique is to work for a short stint (called a Pomodoro), then take a short break. After completing 4 Pomodoro’s, take a longer break. Continue to repeat the work/break cycle until you’ve completed your tasks for the day.
Here’s a great visual of what this technique looks like:
I prefer to use a visual timer such as this one to keep me on track. If novelty intrigues you, try this Tomato Timer or this YouTube Morning Forest Lofi Timer. If you prefer a timer that lives outside your computer, you could use your phone timer, or even a desk timer like this or this to keep track of your work time and break time.
Before I used the Pomodoro Technique, I treated my workday as one big sprint. I went from task to task, which often left me overwhelmed, burnt out, and lacking focus. By adding in structured breaks, my productivity and focus has increased significantly.
If you’d like to learn more about this technique and its benefits, I highly recommend referring to these below resources:
- Published in Blog
Stronger Hurricanes to Put More Properties at Risk
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.
Over 13.4 million properties not currently exposed to hurricane-force wind damage will face increased risk over the next 30 years as climate change propels more intense storms, according to new research from First Street Foundation.
“Compared to the historic location and severity of tropical cyclones, this next generation of hurricane strength will bring unavoidable financial impacts and devastation that have not yet been priced into the market,” said Matthew Eby, founder and CEO of First Street, a nonprofit research and technology group.
First Street’s models also estimated the average annual loss due to tropical cyclone damage rising to $19.9 billion, with about $1 billion in higher exposure in Florida alone.
Other regions that face lower exposure now will be even more at risk in the future, First Street warned. The study projected losses in the Northeastern United States to increase by 87% over the next three decades as hurricanes track further north.
“The northward increase in hurricane activity may significantly impact buildings that have not been built to a code that considers the wind speeds they will likely face over the next 30 years,” researchers said. “Additionally, the count of properties with any average annual loss from wind will increase by about 55%, with about 2.2 million newly-impacted properties by 2053.”
The total number of storms isn’t expected to change, but the intensity will, according to the report. Historical evidence already illustrates rising risk: The proportion of major hurricanes (Categories 3, 4, and 5) has quadrupled since the 1980s, from 10% of all tropical cyclone events to over 40% today. First Street attributed the change to rising air and sea-surface temperatures fueling storms, as well as increased moisture levels in the air and shifts in wind patterns.
“Hurricanes affect communities within the United States more frequently and severely than other natural disasters,” said First Street in the report. “As a result, tropical cyclones have caused a total of $1.194 trillion (consumer price index-adjusted) in losses in the United States between 1980 and 2022, with an average cost of approximately $21 billion per event.”
Understanding evolving risk can help insurers set property rates more accurately, assist communities in developing resiliency plans and allocating resources, and give property owners information on how to better protect themselves and their homes and businesses, First Street said.
For more risk management news and insights, contact RISQ Consulting today.
- Published in Blog
The RISQ RECAP:
February 20th – February 24th, 2023
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Hopeful Cannabis Sales Data an Encouraging Sign for Insurance Specialists
“News has been rife with dreary tidings for the cannabis industry over the past year, but a surprisingly encouraging outlook has emerged among the persistent din of downward harbingers like a flower glut, investment funding shrinkage, and layoffs. Industry sales are expected to continue to rise this year – though not so much for those focused on the Western U.S., where most of the nation’s mature markets are and new data points to negative short-term trends. Beneath it all, both the good and bad in the data may ultimately be positive indicators for insuring cannabis specialists, according to two brokers who have been in the space for years. U.S. legal cannabis sales may grow 14% by year’s end, while overall global growth and spending is on track to yield a market size of $59.6 billion by 2027, a report out today from market intelligence and data provider BDSA shows.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Employers, Do No Delay in Responding to A Request for Reasonable Accommodation “When dealing with a request for reasonable accommodation, “an indeterminate delay has the same effect as an outright denial,” as the U.S. Court of Appeals for the Second Circuit recently noted.” Full Article – Shawe Rosenthal LLP
DOL Clarifies Whether FLSA and FMLA Protections Apply to Remote Employees “The U.S. Department of Labor (DOL) recently issued new guidance regarding how remote employees should be paid under the Fair Labor Standards Act (FLSA) and when they are eligible for leave under the Family and Medical Leave Act (FMLA).” Full Article – Phelps Dunbar LLP
ADA and Hearing Disabilities in the Workplace “The Equal Employment Opportunity Commission (EEOC) issued new technical assistance, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with Disabilities Act (ADA) applies to job applicants and employees with hearing disabilities.” Full Article – Jackson Lewis P.C.
EEOC Continues to Prioritize its Focus on the Use of Artificial Intelligence in Employment Decisions “The EEOC first announced its Artificial Intelligence initiative in 2021. The initiative was created to ensure the use of software, including AI and other technologies used in employment decisions, comply with the federal employment laws it is tasked with enforcing.” Full Article – Baker, Sterchi, Cowden & Rice LLC
4 Tips to Avoid (Or At Least Dull) Headaches When Conducting Layoffs in the US “As we find ourselves firmly in the middle of Q1 of 2023, the avalanche of layoff headlines that started last quarter just keeps coming. Whether you follow the school of thought that the US entered a recession in summer of 2022 (after two consecutive quarters of negative gross domestic product) or not (given a strong labor market and corporate earnings growth), more and more companies are having to address overzealous pandemic hiring and the backlash from soaring company valuations.” Full Article – Baker & McKenzie LLP
No Dogs Allowed: Federal Court Rejects Service Dog Accommodation in Hospital Setting “Most of us know that when an employee or visitor to a place of public accommodation requests a reasonable accommodation, the ADA requires an interactive process to make an individualized determination. But what about a request from a nursing intern to bring her service dog… to a hospital… around patients? Could this qualify as a reasonable accommodation? In Bennett v. Hurley Medical Center, one federal just says, “not always.” Full Article – Bradley Arant Boult Cummings 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 State Legislature Proposes Amendments to Pay Transparency Law Taking Effect This Year “The most notable revision would provide that the law applies to remote positions physically performed outside of New York that report to a New York supervisor, office, or work site. The bill is currently before Governor Hochul, and if signed, would become part of the law taking effect in September.” Full Article – Proskauer Rose LLPNEW YORK
Illinois Equal Pay Certification: A Practical Guide for Employer Compliance “The EPA Amendments make the Illinois Equal Pay Act one of the most demanding pay transparency statutes in the country because it requires employers with 100 or more employees in Illinois to submit employee pay data and a signed compliance statement to obtain an Equal Pay Registration Certificate (EPRC).” Full Article – Littler Mendelson P.C.ILLINOIS
Impact of New Jersey’s Just-Signed Temporary Workers’ Bill of Rights “On February 6, 2023, New Jersey Governor Phil Murphy signed into law A1474/S511, commonly referred to as the “Temporary Workers’ Bill of Rights.” The bill offers additional compensation, benefits and protections for temporary workers, with the cost and burden of compliance placed on employers and staffing agencies that place temporary workers.” Full Article – Greenbaum Rowe Smith & Davis LLPNEW JERSEY
Connecticut Expands Employment Anti-Discrimination Protections “The Connecticut Fair Employment Practices Act (CFEPA) prohibits discrimination based on many protected characteristics, such as race, age, gender, gender identity, religion, and disability. The CFEPA is broader than federal anti-discrimination laws in both scope (it covers more categories of employees) and reach (it applies to more employers).” Full Article – Day Pitney LLPCONNECTICUT
Ninth Circuit Reverses Itself and Strikes Down California Law Targeting Mandatory Employment Arbitration Agreements “In a reversal of its prior ruling, the Ninth Circuit recently held that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB 51), a 2019 measure that aimed to bar employers from entering into new agreements—or extending previous ones—requiring job applicants or workers to arbitrate claims under the California Labor Code or California Fair Employment and Housing Act (FEHA).” Full Article – Morrison Foerster P.C.CALIFORNIA
- Published in Blog
Report: Managers Impact Employee Mental Health More Than Doctors, Therapists
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.
A new report from The Workforce Institute at UKG revealed that managers impact employee mental health more than doctors and therapists. The study conducted for the report surveyed 3,400 people in 10 countries, including the United States, to explore mental health in and outside work.
Not surprisingly, work impacts employee mental health, and organizational leaders and managers can be critical in supporting workers. Consider the following key findings from the report:
- Work influences mental health the most, according to 60% of employees.
- Managers impact employee mental health (69%) more than doctors (51%) or therapists (41%).
- Managers have just as much an impact on employee mental health as a spouse or partner (69%).
- Mental health is valued over a high-paying job by most employees (81%), and 64% would take a pay cut for a job that better supports their mental wellness.
- Work stress negatively impacts employees’ home life (71%), well-being (64%) and relationships (62%).
The research also revealed that managers are often more stressed than their team members and senior leadership. Companies are encouraged to be inclusive with mental health support and not forget about managers in their efforts.
“Being overwhelmed consumes human energy and impacts retention, performance, innovation and culture. Employers can be the anchor of stability for their people by giving them the support and resources they need—not just what we think they need.”
– Jarik Conrad, executive director of The Workforce Institute at UKG
What Can Employers Do?
Workers want their employers and managers to do more to support mental health. They are also willing to make trade-offs for their mental health, as nearly two-thirds of employees would take a pay cut for a job that better supports their mental health. Fortunately, managers can play a vital role in supporting employees, which can bolster employee attraction and retention efforts. Employers can create supportive work environments by being authentic, building empathy and listening actively to employees.
Contact RISQ Consulting for additional mental health and employee communication resources.
- Published in Blog