The RISQ RECAP:
June 12th – June 16th, 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
Cyber Insurance Premiums Surge by 50% as Ransomware Attacks Increase “US cyber insurance premiums surged 50% in 2022 as increased ransomware attacks and online commerce drove demand for coverage. Premiums collected from policies written by insurers reached $7.2 billion in 2022 and tripled in the past three years, ratings firm AM Best said in a study released this week. “Systematic risk is an ongoing concern,” Fred Eslami, an AM Best associate director, said in a statement. ‘Ultimately, the coverage provided to insureds may be decided by the risk appetite of the insurer, and to a certain extent, the coverage that reinsurers are willing to provide.’” Full Article – Insurance Journal
Nationwide to Take Actions to Limit Risk in Personal, Commercial Portfolios “Add Nationwide to a growing list of insurers making changes to deal with losses in some areas of the country. In a June 12 “business actions update” Nationwide announced moves “to mitigate risk and manage the personal and commercial lines portfolios in the current environment.” “Strong headwinds brought on by the economic environment, catastrophe weather events, and the impact of inflation continue to impact the entire insurance industry,” according to the statement from the insurer, which did not specify lines of business or regions affected by the actions.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
No Playing Around with Pay Rates to Avoid Overtime Liability! “Employers may explore creative ways to reduce staffing costs; however, changing an employee’s pay rate to avoid overtime liability is not a legal one, as the U.S. Court of Appeals for the Eleventh Circuit recently emphasized.” Full Article – Shawe Rosenthal LLP
The DOL Has A New Website to Provide Workplace Mental Health Resources “In recognition of Mental Health Awareness Month, the U.S. Department of Labor has announced a new website with resources to assist employers in legal compliance and in creating supportive workplaces.” Full Article – Shawe Rosenthal LLP
High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record “Impairment and related safety hazards have been disrupting the workplace resulting in lost time, absenteeism, safety hazards, and serious industrial accidents. We track annual positivity test reports from Quest Diagnostics, one of the country’s largest drug testing laboratories.” Full Article – Seyfarth Shaw LLP
The Department of Labor Issues Guidance for Employers Concerning the PUMP Act “On December 29, 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP”) was signed into law. PUMP further amends the federal Fair Labor Standards Act (“FLSA”) by extending protections for employees who need to express breast milk at work.” Full Article – Sheppard, Mullin, Richter & Hampton LLP
No Fun in the Summertime: Employer Obligations for Preventing Employee Heat Stress “As summer approaches, employers with employees potentially exposed to high temperatures should ensure that they have taken the necessary steps to protect their employees from heat-related illnesses. Employees who might be exposed to high temperatures include not only employees working outdoors, but also employees working in indoor environments with high temperatures, such as warehouses without air conditioning.” Full Article – Venable LLP
NLRB Signals Challenge to Noncompete Agreements for Non-Supervisory Workers “On May 30, 2023, the General Counsel (GC) of the National Labor Relations Board (NLRB) took a step toward the federal regulation of employee noncompetition agreements. The GC published a memorandum (the Memo) in which she expressed her opinion that “the proffer, maintenance, and enforcement of such agreements violate Section 8(a)(1)” of the National Labor Relations Act (the Act).” Full Article – Greenberg Traurig 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.
ILLINOIS
Illinois Poised to Become Latest State to Mandate Pay Transparency
“On May 17, 2023, House Bill 3129 passed both houses of the Illinois legislature. The bill is expected to be signed into law by Gov. J.B. Pritzker and go into effect on Jan. 1, 2025. Illinois will then join a growing number of states that have enacted or are currently considering pay transparency laws that are intended to address discrimination and eliminate pay disparity.” Full Article
– Barnes & Thornburg LLP
OREGON
Oregon to Assess Highest-in-Nation OSHA Penalties of up to $250,000 Per Violation
“Effective May 24, 2023, Oregon passed a new law (SB 592A) turning its workplace safety penalties on their head, taking Oregon from the state with some of the lowest OSHA penalties to the highest in the country.” Full Article
– Seyfarth Shaw LLP
WASHINGTON
New Growth of State and Local Paid Leave Developments in the Evergreen State
“Washington Paid Family and Medical Leave Act has been amended to, among other changes, provide employers with access to claim information that may be helpful in administering concurrent leave and supplemental benefit programs.” Full Article
– Littler Mendelson P.C.
MINNESOTA
Minnesota Enacts Omnibus Jobs Bill With Major Changes for Minnesota Employers
“The Bill has significant implications for employers with employees in Minnesota and includes numerous changes to Minnesota state law, including a sweeping ban on non-compete agreements; a ban on mandatory employer
-sponsored meetings; newly mandated statewide paid sick leave; and expanded protections for parental leave and pregnant employees, among others.” Full Article
– Proskauer Rose LLP
NEW YORK
New York City Joins Growing Effort to Ban Body Size Discrimination
“This new law, which goes into effect Nov. 22, adds weight and height as protected classes under the city’s Human Rights Law. This law is part of a growing national movement to curtail body size discrimination at work.” Full Article
– Phelps Dunbar LLP
- Published in Blog
The RISQ RECAP:
June 5th – June 9th, 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
Survey: Younger Generations More Tolerant of Fraud “A significant number of Americans ages 44 and younger show a high level of tolerance for insurance fraud, according to a new survey of insurance consumers by Verisk and the Coalition Against Insurance Fraud. The accompanying study found that while nearly all Americans over age 55 view insurance fraud as a crime, about 75% of those between 25 and 44 consider it a crime – and the percentage skewed down to 64% for those between ages 18 and 24.” Full Article – Insurance Journal
Climate Change and Homeowners’ Insurance Are on a Collision Course “A summer that has already seen water crises and wildfire smoke is rapidly becoming an inflection point in the pitched battle between climate change and the price of homeowners’ insurance in the US. American International Group Inc., which has already pulled back from new California business, is now set to curb home-insurance sales for affluent customers in around 200 ZIP codes across the US, including New York, Delaware, Florida, Colorado, Montana, Idaho and Wyoming.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Can Your Plan Clear Mental Health Parity Compliance Hurdles? “Hidden Hurdle 1: Equality does not equal parity. Hidden hurdle 2: When you don’t (and can’t) know how your plan is run. Hidden hurdle 3: Didn’t we exclude that?” Full Article – International Foundation of Employee Benefits Plans [IFEBP]
Denials of Health Insurance Claims Are Rising — and Getting Weirder “Companies appear increasingly likely to employ computer algorithms or people with little relevant experience to issue rapid-fire denials of claims. A job title at one company was ‘denial nurse.’ The ACA tasked HHS with monitoring denials both by health plans on the Obamacare marketplace and those offered through employers and insurers.” Full Article – KFF Health News
Can the HIPAA Privacy and Security Official Position Be Held by a Third Party? “Although there is language in the preamble to the privacy rule that seems to assume that the privacy official will be an employee of the covered entity, there is no explicit requirement to that effect. And because some covered entities (e.g., most group health plans) will not have employees, the privacy official’s duties will have to be performed by a third party (for a group health plan, usually an employee of the plan sponsor).” Full Article – Thomson Reuters / EBIA
Employee Benefits Plans: Applying the ERISA Controlled Group and Affiliated Service Group Rules in the Health Care Industry “The friendly-PC model involves a professional service corporation conducting a medical practice in affiliation with a management services organization. Although the friendly-PC model may be a solution to the corporate practice of medicine doctrine, it can create unintended consequences for employee benefit plans sponsored by the PSC and MSO.” Full Article – Foley & Lardner LLP
Seventh Circuit Affirms Plan Sponsor’s Discretion for Severance Benefits “The decision affirms that, if the plan so provides, discretionary eligibility criteria for severance benefits is permissible under ERISA. However, plan sponsors should be aware that the exercise of discretion in certain ways can cause issues under other federal laws intended to protect against discrimination and in the context of a voluntary severance plan, the exercise of discretion with respect to eligibility could negate the voluntary nature of the plan.” Full Article – Groom Law Group
First Gag Clause Attestations Due December 31, 2023 – What Groups Health Plan Sponsors Need to Know “Plan sponsors and carriers of fully insured plans are both required to submit a Gag Clause Prohibition Compliance Attestation. FAQs Part 57 provide that if the insurance carrier submits the GCPCA on behalf of the plan, the Departments will consider the plan (and insurer) compliant. Sponsors of fully insured plans, however, should confirm that the carrier will be submitting the GCPCA on the plan’s behalf.” Full Article – Hunton Andrews Kurth LLP
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
CALIFORNIA
Court Provides Guidance Regarding Employer Vaccine Mandates
“A California Court of Appeal has ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccine mandate did not violate California’s Fair Employment and Housing Act (FEHA) prohibition on disability discrimination. Hodges v. Cedars-Sinai Medical Center.” Full Article
– Seyfarth Shaw LLP
FLORIDA
Florida’s New Law Overhauls Public Sector Labor Laws Related to Dues Deduction and Labor Organization Registration
“On May 9, 2023, Governor Ron DeSantis signed into law Senate Bill 256, which overhauls Florida’s Public Employees Relations Act, implementing significant changes to procedures related to dues authorization and deduction, registration requirements, and certification procedures for public employers and public sector labor unions.” Full Article
– Ford Harrison
MINNESOTA
Minnesota Set to Ban Noncompete Agreements on July 1st—What Companies Need to Know (and do)
“In a lightning-fast move, the Minnesota Legislature just passed a bill that voids all future covenants not to compete, with limited exceptions for agreements entered into in connection with the sale or dissolution of a business.” Full Article
– Benesch
ILLINOIS
Illinois Gender Violence Act to Specifically Apply to Employers
“Illinois employers should be aware that they will likely be subject to liability under amendments to the Illinois Gender Violence Act (GVA) proposed by recent legislation. HB1363 is one of a number of bills that recently passed both houses of the Illinois Legislature and should soon be sent to the governor for signature.” Full Article
– Ford Harrison
NEW YORK
New York City Holds Roundtable on the Use of Automated Employment Decision Tools (LL144)
“The stated purpose of this roundtable was to revisit the requirements under the law and to address questions that remain with the intention of releasing FAQ-type guidance to assist employers prior to Local Law 144’s July 5, 2023 enforcement date.” Full Article
– Seyfarth Shaw LLP
- Published in Blog
The RISQ RECAP:
May 29th – June 2nd, 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 Overtime Law Threatens Use of Grazing Goats to Prevent Wildfires
“Hundreds of goats munch on long blades of yellow grass on a hillside next to a sprawling townhouse complex. They were hired to clear vegetation that could fuel wildfires as temperatures rise this summer. These voracious herbivores are in high demand to devour weeds and shrubs that have proliferated across California after a drought-busting winter of heavy rain and snow. “It’s a huge fuel source. If it was left untamed, it can grow very high. And then when the summer dries everything out, it’s perfect fuel for a fire,” said Jason Poupolo, parks superintendent for the city of West Sacramento, where goats grazed on a recent afternoon.
Targeted grazing is part of California’s strategy to reduce wildfire risk because goats can eat a wide variety of vegetation and graze in steep, rocky terrain that’s hard to access. Backers say they’re an eco-friendly alternative to chemical herbicides or weed-whacking machines that are make noise and pollution.
But new state labor regulations are making it more expensive to provide goat- grazing services, and herding companies say the rules threaten to put them out of business. The changes could raise the monthly salary of herders from about $3, 730 to $14,000, according to the California Farm Bureau.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
How to Combat Loneliness and Social Isolation in the Workplace “Earlier this month, U.S. Surgeon General Vivek Murphy released a Framework for a National Strategy to Advance Social Connection to address the public health problem of social disconnection, calling it an ‘epidemic of loneliness and isolation.’” Full Article – Levenfeld Pearlstein, LLC
Promoting Employee Mental Health Well-Being Pays Off “Since the COVID-19 pandemic, workers have reported experiencing stress at work due to compensation not keeping up with inflation, longer hours, increased workplace monitoring, and lack of involvement in their organization’s decisions.” Full Article – Akerman LLP
A Cautionary Tale: Inconsistent Reasoning in Employment Decision Can Lead to Trial “Michigan college loses motion for summary judgment in former instructor’s age discrimination claims because the college provided ‘shifting justifications’ over time for its decision not to interview instructor for a tenure-track position.” Full Article – Seyfarth Shaw LLP
Department of Labor Issues Updated FLSA and FMLA Posters “The U.S. Department of Labor (DOL) has released updated posters regarding the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). Employers covered by these laws are required to display copies of the posters in a conspicuous place where employees and applicants for employment can see them.” Full Article – Proskauer Rose LLP
Marijuana in the Manufacturing Workplace “Manufacturing employers still may prohibit the use of marijuana at work, as well as marijuana impairment at work. But marijuana drug testing is complicated and controversial because of the legal protections for off-duty marijuana use in some states and cities, the legal protections for medical marijuana users in many jurisdictions, and because there are no drug tests that can detect current marijuana impairment or very recent use of marijuana.” Full Article – Jackson Lewis P.C.
EEOC’s Crosshairs Locked on Harassment of Teens in Restaurant Industry “Over the past several years, the EEOC has maintained a litigation focus on protecting young workers in low wage jobs from sexual harassment. This has translated to intense scrutiny of teenagers working in the restaurant industry. According to the EEOC, these workers are particularly vulnerable to harassment and other forms of discrimination.” Full Article – Seyfarth Shaw LLP
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
CALIFORNIA
Court Provides Guidance Regarding Employer Vaccine Mandates
“A California Court of Appeal has ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccine mandate did not violate California’s Fair Employment and Housing Act (FEHA) prohibition on disability discrimination. Hodges v. Cedars-Sinai Medical Center.” Full Article
– Seyfarth Shaw LLP
FLORIDA
Florida’s New Law Overhauls Public Sector Labor Laws Related to Dues Deduction and Labor Organization Registration
“On May 9, 2023, Governor Ron DeSantis signed into law Senate Bill 256, which overhauls Florida’s Public Employees Relations Act, implementing significant changes to procedures related to dues authorization and deduction, registration requirements, and certification procedures for public employers and public sector labor unions.” Full Article
– Ford Harrison
MINNESOTA
Minnesota Set to Ban Noncompete Agreements on July 1st—What Companies Need to Know (and do)
“In a lightning-fast move, the Minnesota Legislature just passed a bill that voids all future covenants not to compete, with limited exceptions for agreements entered into in connection with the sale or dissolution of a business.” Full Article
– Benesch
ILLINOIS
Illinois Gender Violence Act to Specifically Apply to Employers
“Illinois employers should be aware that they will likely be subject to liability under amendments to the Illinois Gender Violence Act (GVA) proposed by recent legislation. HB1363 is one of a number of bills that recently passed both houses of the Illinois Legislature and should soon be sent to the governor for signature.” Full Article
– Ford Harrison
NEW YORK
New York City Holds Roundtable on the Use of Automated Employment Decision Tools (LL144)
“The stated purpose of this roundtable was to revisit the requirements under the law and to address questions that remain with the intention of releasing FAQ-type guidance to assist employers prior to Local Law 144’s July 5, 2023 enforcement date.” Full Article
– Seyfarth Shaw LLP
- Published in Blog
The RISQ RECAP:
May 22th – May 26th, 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
Bill Would Offer Crop Insurance Discount to Farmers Who Plant Cover Crops
“A bipartisan bill proposed by federal lawmakers would provide farmers a discount on crop insurance premiums by planting cover crops. The Conversation Opportunity and Voluntary Environment Resilience (COVER) Act, proposed last week by Sen. Sherrod Brown, D-Ohio, and Reps. Sean Casten, D-Ill., Elissa Slotkin, D-Mich., and Mike Bost, R,-Ill., would amend the Federal Crop Insurance Act to establish a program that rewards farmers who plant cover crops with a $5/acre discount on crop insurance. The legislation is based off programs in place in Indiana, Iowa, and Illinois. A cover crop is any crop grown to cover the soil and may be incorporated into the soil later for enrichment, according to the USDA. Cover crops, which include legumes, grasses, and forbs, help with soil erosion, improve soil health and crowd out weeds. They are typically planted in September or October. A 2023 study published in the American Journal of Agricultural Economics found that counties with higher rates of cover crop adoption tend to have lower levels of crop insurance losses.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 ““Updated May 19, 2023. Descriptive list of current and proposed state and federal guidance, regulations, and legislation.” Full Article – Manatt, Phelps & Phillips LLP
More Federal Action in the Pharmaceutical Sector as PBM Bill Advances in the Senate “The Pharmacy Benefit Manager Act reflects the overarching legislative push by members from both sides of the aisle and chambers of Congress to address drug pricing issues through federal fixes to the PBM framework.” Full Article – Epstein Becker & Green, P.C.
Fifth Circuit Stay Reinstates Preventive Services Mandate — For Now “Plan sponsors should remember that the Fifth Circuit administrative stay is not a decision on the merits of the underlying case. The Fifth Circuit pressed pause on the district court order so that the pre- Braidwood preventive services mandate would remain intact for now while the case proceeds.” Full Article – Proskauer Rose LLP
IRS Announces 2024 Limits for Health Savings Accounts, High-Deductible Health Plans and Excepted Benefit HRAs “All of the dollar limits currently in effect for 2023 will change for 2024, with the exception of one limit. The HSA catch-up contribution for individuals ages 55 and older will not change as it is not subject to cost-of-living adjustments.” Full Article – McDermott Will & Emery
Providers Score More Victories in First Year of NSA Arbitrations ““In the year following the implementation of the arbitration process established under the federal No Surprises Act (NSA), more than 330,000 disputes have been submitted for resolution. This figure far outpaces the predictions of the US Departments of Health and Human Services (HHS), Labor, and the Treasury (the Departments), and complicates the implementation of the NSA.” Full Article – ArentFox Schiff LLP
First Gag Clause Attestations Due December 31, 2023- What Group Health Plan Sponsors Need to Know “Plan sponsors and carriers of fully insured plans are both required to submit a Gag Clause Prohibition Compliance Attestation (GCPCA). FAQs Part 57 provide that if the insurance carrier submits the GCPCA on behalf of the plan, the Departments will consider the plan (and insurer) compliant. Sponsors of fully insured plans, however, should confirm that the carrier will be submitting the GCPCA on the plan’s behalf.” Full Article – Hunton Andrews Kurth 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.
FLORIDA
Florida Poised to Mandate Use of E-Verify for Private Employers
“The Florida Legislature has passed a bill that, if enacted, will require private employers with 25 or more employees to use the federal E-Verify system to verify the employment eligibility of newly hired employees beginning July 1, 2023. The bill, SB 1718, is expected to be signed into law by Governor Ron DeSantis.” Full Article
– Proskauer Rose LLP
NEW YORK
New York Minimum Wage to Increase Again
“The Fiscal Year 2024 New York State Budget (the “Budget”) includes a multi-year plan to increase the State’s minimum wage starting on January 1, 2024. The new statutory minimum wage rates apply to all New York employers regardless of size.” Full Article
– Seyfarth Shaw LLP
MARYLAND
Maryland Modifies its Paid Family and Medical Leave insurance Program
“Maryland became the eleventh state (in addition to the District of Columbia) to adopt a statewide family and medical leave program (the “Program”). The Maryland General Assembly recently concluded its 2023 session and passed modifications to the Program.” Full Article
– Littler Mendelson P.C.
WASHINGTON
Washington State to Bar Employers from Relying on Off-Duty Use of Marijuana in Hiring Decisions
“The state of Washington will prohibit employers from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results that find an applicant to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The new law (SB 5123) takes effect on January 1, 2024.” Full Article
– Jackson Lewis P.C.
ILLINOIS
Illinois Department of Labor Amends Regulations on Employer Reimbursement of Employee Expenses
“The regulations establish a new five-factor test for assessing whether an employer must reimburse expenses. The amended regulations also impose new record-keeping requirements on employers.” Full Article
– Barnes & Thornburg LLP
- Published in Blog
The RISQ RECAP:
May 15th – May 19th, 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
Consistent Policy Wording Bringing Some Relief to Evolving Cyber Market
“Consistency within cyber insurance policies is something the industry has been grappling with for nearly a decade, according to speakers at the annual RIMS Riskworld conference, held this year in Atlanta, but the industry is beginning to see a light at the end of the tunnel. “I can’t underscore enough how much better the cyber marketplace has gotten in that regard,” said William Bennett, partner at Saxe Doernberger & Vita. “There are still policies with two insuring agreements and policies with 25 agreements and 400 definitions, but at least now they largely get to the same place.” Bennett was speaking during a session about cyber coverage responses to the current global risk climate on the second day of the conference. Thomas Francavilla, director of insurance programs at Stratus Risk Associates, was speaking alongside Bennett. He pointed to an example of an exercise the Stratus team recently did with a broker client that is 51 percent owned by a banking group. The company was transitioning away from having standalone cyber policies in place for each broker in favor of one parent-owned cyber policy.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
OSHA Launches Nationwide Program Focusing on Workplace Falls “For the last 12 years, 29 CFR 1926.501 (Duty to Have Fall Protection) has topped OSHA’s list of most frequently cited standards. Despite the agency’s enforcement efforts, falls from heights remain the leading cause of fatalities and serious injuries across all industries.” Full Article – Littler Mendelson P.C.
Best Practices for Handling and Documenting a Non-Performing Employee “Addressing an employee’s failure to meet performance expectations can be challenging for an employer. This article highlights best practices for handling and documenting a non-performing employee.” Full Article – Venable LLP
5 Steps for Managing Layoffs and Workplace Reductions “No one likes to think about layoffs and workforce reductions, but they are a reality from time to time, especially when market conditions are uncertain or unfavorable. Although workforce reductions are unfortunate, there are things that employers can do to facilitate a smooth transition and protect against legal consequences.” Full Article – Levenfeld Pearlstein, LLC
Bueller? Bueller? EEOC Examining Attendance Policies for ADA Violations “Do you have a “no fault” attendance policy or some other way in which employees get points for absences? If so, be careful. A recent Eleventh Circuit matter, EEOC v. Eberspaecher North America, Inc. suggests that the Equal Employment Opportunity Commission (EEOC) wants to check out those policies to see if there is an ADA violation and may want to expand its search beyond one facility.” Full Article – Bradley Arant Boult Cummings LLP
EEOC Offers “Promising Practices” for Battling Workplace Harassment “The Equal Opportunity Employment Commission (EEOC) released what it describes as “Promising Practices for Preventing Harassment” with detailed recommendations in the categories of (1) Leadership and Accountability, (2) Comprehensive and Effective Anti- Harassment Policy, (3) Effective and Accessible Anti-Harassment Program and – Phelps Dunbar LLP
(4) Effective Anti-Harassment Training.” Full Article
Compliance Update for U.S. Employer Conducting Criminal Background Checks in the Hiring Process “Employers who conduct background checks on applicants or employees must comply with the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. Among other things, the FCRA requires employers who procure criminal background reports (“consumer reports”) to provide applicants and employees with a Summary of Rights form as prepared by the Consumer Financial Protection Bureau (CFPB) when providing them with the FCRA-required pre-adverse action notices.” Full Article – Hunton Andrews Kurth, 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.
FLORIDA
Florida Poised to Mandate Use of E-Verify for Private Employers
“The Florida Legislature has passed a bill that, if enacted, will require private employers with 25 or more employees to use the federal E-Verify system to verify the employment eligibility of newly hired employees beginning July 1, 2023. The bill, SB 1718, is expected to be signed into law by Governor Ron DeSantis.” Full Article
– Proskauer Rose LLP
NEW YORK
New York Minimum Wage to Increase Again
“The Fiscal Year 2024 New York State Budget (the “Budget”) includes a multi-year plan to increase the State’s minimum wage starting on January 1, 2024. The new statutory minimum wage rates apply to all New York employers regardless of size.” Full Article
– Seyfarth Shaw LLP
MARYLAND
Maryland Modifies its Paid Family and Medical Leave insurance Program
“Maryland became the eleventh state (in addition to the District of Columbia) to adopt a statewide family and medical leave program (the “Program”). The Maryland General Assembly recently concluded its 2023 session and passed modifications to the Program.” Full Article
– Littler Mendelson P.C.
WASHINGTON
Washington State to Bar Employers from Relying on Off-Duty Use of Marijuana in Hiring Decisions
“The state of Washington will prohibit employers from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results that find an applicant to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The new law (SB 5123) takes effect on January 1, 2024.” Full Article
– Jackson Lewis P.C.
ILLINOIS
Illinois Department of Labor Amends Regulations on Employer Reimbursement of Employee Expenses
“The regulations establish a new five-factor test for assessing whether an employer must reimburse expenses. The amended regulations also impose new record-keeping requirements on employers.” Full Article
– Barnes & Thornburg LLP
- Published in Blog
The RISQ RECAP:
May 8th – May 12th, 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
FEMA Releases New Flood Insurance Rates by ZIP Code. Brace for Impact.
“When the Federal Emergency Management Agency unveiled its new Risk Rating 2.0 methodology for calculating flood insurance, advocates and critics alike warned that it would mean higher premiums for thousands of property owners, especially in low-elevation coastal areas. Now, the full impact of the sticker shock is becoming clear, thanks to new data released by FEMA that shows price increases – and decreases – by county and by ZIP codes. For some parts of Florida, including the appropriately named Hell Gate on the East Coast, flood insurance will spike an average of 342%, according to the Miami Herald, which analyzed some of the data.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Payor/Provider Convergence and What it Means for You “Health care providers are increasingly taking financial risk in their contracts with health insurance companies and, in turn, health insurance companies are becoming more involved in the delivery of care.” Full Article – Foley & Lardner LLP
PHIPAA Privacy Rule Changes Coming in 2023: Five Steps to Prepare “If HHS finalizes the Proposed Rule as written, HIPAA-covered entities and business associates must update their privacy policies and procedures, security standards, notices of privacy practices (NPP), authorization and disclosure forms, and business associate agreements, among other documents, to reflect the modifications required by the rulemaking.” Full Article – McGuireWoods
IRS Chief Counsel Discusses Cafeteria Plan Substantiation Rules “The IRS Office of Chief Counsel has issued Memorandum Number 202317020 to explain the substantiation rules for claims made under health and dependent care FSAs by means of six commonly encountered factual situations, in five of which it concludes that the plan is not a cafeteria plan and the reimbursement is not shielded from income and employment taxes.” Full Article – The Wagner Law Group
Evolving Laws and Litigation Post-Dobbs: The State of Reproductive Rights as of May 2023 “It has been almost a year since the US Supreme Court returned the question of abortion to the states, resulting in a proliferation of legislation across the country banning, restricting, expanding, or protecting access to abortion. Employers will need to continue monitoring this area closely to ensure that their policies and benefit plans comply with state and federal requirements.” Full Article – Morgan, Lewis & Bockius LLP
Can a Telehealth-Only Plan Continue After the End of the COVID-19 Emergency? “If the PHE ends on May 11, 2023, a calendar year telehealth-only plan could remain covered by the exemption until the end of 2023. But if the plan year is, for example, June 1-May 31, the relief applies only until the end of the current plan year on May 31, 2023; as of June 1, 2023, that plan would have to comply with the preventive services mandate and the prohibition on annual and lifetime limits.” Full Article – Thomson Reuters/EBIA
First Circuit Holds Blue Cross Was Not a Fiduciary When it Allegedly Overpaid, Reprices, and Mishandled Benefit Claims “The court was unpersuaded by the arguments of the Fund and its amici (including the DOL) that finding Blue Cross to be a nonfiduciary would lead to anticompetitive practices that concededly could harm plans and their participants. Thus, based on ERISA’s far from pellucid statutory definition of fiduciary, the First Circuit allowed Blue Cross to evade fiduciary responsibility to the tune of $1.4 million in plan losses caused by its medical claims pricing and payment practices.” Full Article – Kantor & Kantor 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 JERSEY
New Jersey’s Temporary Workers’ Bill of Rights is First in the Nation to Require Equal Pay for Temporary Workers
“This new law, the most expansive of its kind in the nation, provides ‘temporary workers’ with new rights and protections, including the right to receive pay equal to that of regular employees.” Full Article
– Ford Harrison
CALIFORNIA
On-Call/Standby Time: Do We Really Have to Pay Employees When They Are Not Working?
“Disputes regarding whether employees are entitled to be paid for time spent engaged in certain activities are increasingly common, and claims alleging that employees should be paid for time spent ‘on call’ or ‘on standby’ are prime examples.” Full Article
– Hopkins & Carley
California Lawmakers Vote in Favor of Defamation Protection for Sexual Assault Survivors
“Following the #MeToo movement, experts noted an uptick in defamation lawsuits against accusers. These lawsuits are typically brought by the accused and seem aimed at rehabilitating their reputations and, some would say, silencing the victims.” Full Article
– Frankfurt Kurnit Klein & Selz P.C.
INDIANA
Indiana Bans Physician Non-Competes for Primary Care Physicians, Adds Restrictions for Others
“Indiana’s legislature has passed an amendment, Senate Enrolled Act No. 7. Senate Enrolled Act No. 7 would invalidate a significantly broader category of physician non-compete agreements entered into on or after July 1, 2023. Governor Eric Holcomb is expected to sign the bill into law.” Full Article
– Jackson Lewis P.C.
NEW YORK
CLIENT ALERT: New York Department of Labor Finalizes Updates to the State’s Model Sexual Harassment Prevention Policy
“The updated model policy was developed consistent with a law that went into effect on October 9, 2018, which requires New York employers to either adopt and disseminate written sexual harassment prevention policies that meet or exceed the minimum standards set forth in Section 201-G of the New York Labor law or adopt the model policy published by the NYDOL.” Full Article
– Morgan, Brown & Joy LLP
- Published in Blog
The RISQ RECAP:
May 1st – May 5th, 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
Insurance Could and Should Help Drive Gun Safety Efforts, Survey Says
“Three out of four Americans believe gun owners should be required to have firearm liability insurance. Those are the numbers out of a new Value Penguin survey of 1,995 people ages 18 to 77 exploring attitudes about the role insurance could play in reducing gun violence. While some may say that it isn’t the insurance industry’s place to get involved in the country’s ongoing debate about requirements regarding gun control, insurance has long been an instigator and standard bearer when it comes incentivizing and implementing safety measures that protect people and property.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Pay Equity Audits for the Transparency Era “In recent years, workplace pay equity has become a priority for many states and cities, as seen by the growing number of pay transparency laws being implemented across the country. In turn, pay equity has become a critical priority for employers.” Full Article – Akerman LLP
Educate Managers on FMLA/ADA Overlap “Time and again, I see managers conflate the two, and thereby create liability issues for the organization. A recent DOL opinion letter exemplifies how this issue can arise, particularly when an employee requests to limit the employee’s daily work hours.” Full Article – Levy Employment Law, LLC
NLRB Proclaims the Punishment Arrows in its Quiver “If the NLRB finds that you have committed an unfair labor practice (and maybe more than once), just what can it do? In Noah’s Ark Processors, a three-member panel of the board recently took an opportunity to pronounce available punishments for repeat labor offenders, and it was not shy.” Full Article – Bradley Arant Boult Cummings LLP
The EEOC’s “Best Practices” for LGBTQI+ Employment Equity “Sometimes, in addition to the recitation of federal sector cases, the EEOC will include an in-depth article on a particular topic of interest. Although these digests (and the articles they contain) are geared towards the federal government, the EEOC’s approach to certain employment issues can also be helpful for private employers.” Full Article – Shawe Rosenthal LLP
What Tiger Woods’ Foot Can Teach Employers About Managing Employees’ Medical Conditions “Golfing icon Tiger Woods had to withdraw from the Masters tournament in Augusta, Georgia, last week due to a painful foot condition called plantar fasciitis (which causes a stabbing pain in the heel or foot). Video footage showing Tiger limping during his third round of play, after re- aggravating the condition while competing in the tournament.” Full Article – Ford Harrison
EEOC, FTC, and Other Federal Agencies Release Joint Statement on Confronting Bias and Discrimination in AI and Automated Systems “On April 25, 2023, officials from four federal agencies released a joint statement pledging to increase “enforcement efforts to protect the public from bias in automated systems and artificial intelligence” (“AI”). The agencies taking part in this effort include the Equal Employment Opportunity Commission (“EEOC”), the Federal Trade Commission (“FTC”), the U.S. Department of Justice (“DOJ”), and the Consumer Financial Protection Bureau (“CFPB”).” Full Article – Proskauer Rose 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 JERSEY
New Jersey’s Temporary Workers’ Bill of Rights is First in the Nation to Require Equal Pay for Temporary Workers
“This new law, the most expansive of its kind in the nation, provides ‘temporary workers’ with new rights and protections, including the right to receive pay equal to that of regular employees.” Full Article
– Ford Harrison
CALIFORNIA
On-Call/Standby Time: Do We Really Have to Pay Employees When They Are Not Working?
“Disputes regarding whether employees are entitled to be paid for time spent engaged in certain activities are increasingly common, and claims alleging that employees should be paid for time spent ‘on call’ or ‘on standby’ are prime examples.” Full Article
– Hopkins & Carley
California Lawmakers Vote in Favor of Defamation Protection for Sexual Assault Survivors
“Following the #MeToo movement, experts noted an uptick in defamation lawsuits against accusers. These lawsuits are typically brought by the accused and seem aimed at rehabilitating their reputations and, some would say, silencing the victims.” Full Article
– Frankfurt Kurnit Klein & Selz P.C.
INDIANA
Indiana Bans Physician Non-Competes for Primary Care Physicians, Adds Restrictions for Others
“Indiana’s legislature has passed an amendment, Senate Enrolled Act No. 7. Senate Enrolled Act No. 7 would invalidate a significantly broader category of physician non-compete agreements entered into on or after July 1, 2023. Governor Eric Holcomb is expected to sign the bill into law.” Full Article
– Jackson Lewis P.C.
NEW YORK
CLIENT ALERT: New York Department of Labor Finalizes Updates to the State’s Model Sexual Harassment Prevention Policy
“The updated model policy was developed consistent with a law that went into effect on October 9, 2018, which requires New York employers to either adopt and disseminate written sexual harassment prevention policies that meet or exceed the minimum standards set forth in Section 201-G of the New York Labor law or adopt the model policy published by the NYDOL.” Full Article
– Morgan, Brown & Joy LLP
- Published in Blog
The RISQ RECAP:
April 24th – April 28th, 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
Q1 Net Income Up 21% at The Hartford but Personal Lines Unprofitable
“The Hartford Financial Services reported first quarter 2023 net income of $535 million, nearly a 21% increase over $443 million a year ago. In the company’s property/casualty segments, results were carried by net income of $421 million in commercial lines — offsetting a loss of $1 million in personal lines during the first three months. A year ago, Q1 net income in commercial was $383 million and $77 million in personal.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Courts Continue to Scrutinize ERISA Health Plan Benefit Denial Letters “In asking the administrator to ensure the denial letters accurately reflect the administrator record, the court, is requiring the administrator to refrain from standard, stock language and draft a more personalized explanation for denying benefits.” Full Article – Troutman Pepper, via Lexology
The Disconnect: More View Health Savings Accounts as Investment Accounts Than Use Them This Way “The majority (62 percent) of health savings account (HSA) accountholders reported that they are using the account to pay for out-of-pocket expenses. And most (69 percent) viewed the HSA as a savings account.” Full Article – Employee Benefit Research Institute [EBRI]
New Guidance on Gag Clause Attestation “To ensure compliance with the Gag Clause Prohibition, plans must annually submit an attestation of compliance with the law to the Departments. The Departments have now launched a website for submitting attestations and issued instructions, a system user manual, and a Reporting Entity Excel Template for plans and issuers to submit the required Compliance Attestation.” Full Article – Seyfarth Shaw LLP
Court Rejects Mental Health Parity Claim for Wilderness Therapy Coverage Denial “Noting that a successful MHPAEA claim requires a participant to plead facts showing a disparity in the plan’s treatment of MH/ SUD and medical/surgical benefits, the court concluded that the participant’s allegation was unsupported and contradicted plan language expressly applying the exclusion to both types of benefits.” Full Article – Thomson Reuters/EBIA
IRS Clarifies Ability to Reimburse Certain Programs Under HSAs, FSAs and HRAs “Programs to treat a drug-related substance use disorder, programs to treat an alcohol use disorder, and smoking cessation programs qualify as medical care because the programs are considered treatment for a disease. However, therapy, nutritional counseling, and weight-loss programs will only be considered medical care if used to treat a specific disease (e.g. obesity). Programs for general health or wellbeing will not qualify as medical care.” Full Article – Foley & Lardner LLP
Departments Issue Guidance on Preventive Services Under the ACA Following the Braidwood Decision “Preventive care requirements receiving an A or B rating from the USPSTF before March 23, 2010, are not affected by the ruling, which means plans and issuers must still cover those preventive care services without cost-sharing. FAQs Part 59 clarifies the Braidwood decision’s effect on the high deductible health plan (HDHP) preventive care deductible safe harbor.” 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.
Columbus, Ohio Prohibits Asking Applicants Their Salary History “Recently, the City of Columbus joined a growing number of states and municipalities that have passed laws prohibiting employers from inquiring into a job applicant’s salary history. In Ohio, Toledo and Cincinnati currently have such ordinances.” Full Article – Vorys, Sater, Seymour & Pease LLPOHIO
Pennsylvania Court Holds Employer Must Reimburse Out-of-Pocket Costs for Medical Marijuana “A Pennsylvania Court held that an employer violated the state Workers’ Compensation Act (WCA) by refusing to reimburse an employee for out-of- pocket medical marijuana expenses related to a workplace injury.” Full Article – Jackson Lewis P.C.PENNSYLVANIA
New York State Releases Updated Model Sexual Harassment Prevention Policy and Training “The New York State Department of Labor (“DOL”) has released its long- awaited updated model sexual harassment prevention policy that addresses issues such as gender identity, remote work, and bystander intervention.” Full Article – Proskauer Rose LLPNEW YORK
Colorado’s Pay Transparency Laws “Colorado’s Equal Pay for Equal Work Act (“EPEWA”) requires employers to include compensation and benefits information in all job postings and notifications of promotional opportunities. The EPEWA covers all employers, public or private, that employ at least one person in Colorado. Employees of covered employers must also comply with the pay transparency requirements of the EPEWA.” Full Article – Bryan Cave Leighton Paisner LLPCOLORADO
California Seeks to Ban Most Criminal Background Checks “California legislators met on April 11, 2023 to discuss a proposed overhaul of employment-related criminal background checks. Simply put, if the Fair Chance Act of 2023 (SB 809) is passed into law, California will have the most restrictive criminal background check law in the country, and will significantly limit the way California employers can vet applicants for employment.” Full Article – Baker & McKenzie LLPCALIFORNIA
- Published in Blog
The RISQ RECAP:
April 17th – April 21st, 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
Viewpoint: D&O Market Conundrum — Softening Rates With Rising Claims Severity
“An uncertain economic landscape leading to a rise in claims, decreasing rates, and proposed US Securities and Exchange Commission regulations on environmental, social and governance disclosures (ESG) are just some of the challenges facing directors and officers liability insurance. AmTrust EXEC claims team members Dan Beatty and Erin Zimmerman look at key issues and trends in the sector.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
DOJ Continues Criminal Labor Antitrust Enforcement Despite Recent Prosecution Setbacks “With yet another criminal wage-fixing indictment filed this week, the Antitrust Division of the Department of Justice (“DOJ”) signaled its continued commitment to prosecuting anticompetitive conduct affecting the U.S. labor markets, including within the health care industry.” Full Article – Hall, Render, Killian, Heath & Lyman PC
The Rising Importance of Trade Secret Protection in the Coming Era of Non-Compete Ban: Two Steps Your Business Needs to Take Now “To become and remain competitive in virtually any industry, businesses develop, execute, and hone strategies to win over and keep customers. These strategies become critical operational and business information. To keep this information from falling into competitors’ hands, businesses rely on several tools.” Full Article – Kane Russell Coleman Logan PC
The Speak Out Act: What Employers Need to Know “Employers should be aware of and immediately take measures to comply with the Speak Out Act, which took effect on December 7, 2022. The Act prohibits nondisclosure agreements (NDAs) and nondisparagement agreements designed to prevent current and former employees from discussing sexual harassment and assault.” Full Article – Hall Benefits Law, LLC
Pay Transparency Goes Primetime: Sweeping New Federal Legislation Proposed in Congress “New proposed legislation in the U.S. House of Representatives would require all employers nationwide – regardless of size or number of employees – to include the wage range in all job postings, provide wage ranges to applicants, and provide wage ranges to existing employees for their positions.” Full Article – Littler Mendelson P.C.
Workplace Violence: An Unfortunate Reality– Are you Prepared? “Mass shootings have been increasingly in the headlines in recent years, and many of these incidents have occurred in the workplace. Regardless of anyone’s politics, employers are having to face either the fear of, or the actual experience of, murder in their own offices, factories and schools. What steps should an employer take to keep their employees safe and help to ease the impact on their employees?” Full Article – Bradley Arant Boult Cummings LLP
Treasury Greenbook Includes Proposal to Alter Work Opportunity Tax Credit “On March 9, 2023, the U.S. Department of Treasury released the Greenbook (formally known as the General Explanation of the Administration’s Revenue Proposals) for FY 2024 to explain revenue proposals included in the Administration’s budget. One proposal is to increase the number of hours required to be worked by an individual for the employer to be eligible for the Work Opportunity Tax Credit (WOTC).” Full Article – Covington & Burling 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.
Columbus, Ohio Prohibits Asking Applicants Their Salary History “Recently, the City of Columbus joined a growing number of states and municipalities that have passed laws prohibiting employers from inquiring into a job applicant’s salary history. In Ohio, Toledo and Cincinnati currently have such ordinances.” Full Article – Vorys, Sater, Seymour & Pease LLPOHIO
Pennsylvania Court Holds Employer Must Reimburse Out-of-Pocket Costs for Medical Marijuana “A Pennsylvania Court held that an employer violated the state Workers’ Compensation Act (WCA) by refusing to reimburse an employee for out-of- pocket medical marijuana expenses related to a workplace injury.” Full Article – Jackson Lewis P.C.PENNSYLVANIA
New York State Releases Updated Model Sexual Harassment Prevention Policy and Training “The New York State Department of Labor (“DOL”) has released its long- awaited updated model sexual harassment prevention policy that addresses issues such as gender identity, remote work, and bystander intervention.” Full Article – Proskauer Rose LLPNEW YORK
Colorado’s Pay Transparency Laws “Colorado’s Equal Pay for Equal Work Act (“EPEWA”) requires employers to include compensation and benefits information in all job postings and notifications of promotional opportunities. The EPEWA covers all employers, public or private, that employ at least one person in Colorado. Employees of covered employers must also comply with the pay transparency requirements of the EPEWA.” Full Article – Bryan Cave Leighton Paisner LLPCOLORADO
California Seeks to Ban Most Criminal Background Checks “California legislators met on April 11, 2023 to discuss a proposed overhaul of employment-related criminal background checks. Simply put, if the Fair Chance Act of 2023 (SB 809) is passed into law, California will have the most restrictive criminal background check law in the country, and will significantly limit the way California employers can vet applicants for employment.” Full Article – Baker & McKenzie LLPCALIFORNIA
- Published in Blog