The RISQ RECAP:
June 26th – June 30th, 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
How the Insurance Universe Deals With Evolving Risks and Dispositions “Insurers have come a long way on climate change, but they have a long way to get where we need to be to deal with a more hazardous planet. That was the assessment from Washington Insurance Commissioner Mike Kreidler, a regulator who has spent three decades pushing insurers to disclose more about their investments and activities surrounding fossil fuels and to do more to address climate change.” Full Article – Insurance Journal
Washington Proposed Rule Update Beefs up Refinery Worker Protections “The Washington State Department of Labor & Industries is proposing updated workplace safety rules for petroleum refineries designed to prevent catastrophic events like the 2010 explosion that killed seven workers at the former Tesoro refinery in Anacortes. The proposed update addresses what’s known as process safety management, which describes the way workplaces handle dangerous chemicals and ensures that processes, people, and equipment all work together to reduce risk. The proposal focuses specifically on petroleum refineries.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Whose Text is it, Anyway? Maybe Yours! “Must an employer preserve business-related text messages between employees using their personal cell phones? Can a judge punish an employer for failing to do so?” Full Article – Constangy, Brooks, Smith & Prophete LLP
How Long Does the IRS Have to Challenge an ERC Refund? “For employers who have either filed for or have received payment for Employee Retention Credit (ERC) claims, the significant surge in IRS examinations of ERC claims is similar to the shark in the movie Jaws. You know he is out there, but you don’t know where he will bite and when.” Full Article – Meadows, Collier, Reed, Cousins, Crouch & Ungerman, LLP
Ready, Set, Go — It’s Time for the PWFA “It’s time for the Pregnant Workers Fairness Act (PWFA). We’ve been warning you that the PWFA is coming and in less than a week, on June 27, the PWFA goes into effect. We’re still waiting on the EEOC’s proposed regulations but that should not stop you from complying, because on June 27 employees may begin filing EEOC charges for events occurring on or after that day.” Full Article – Bradley Arant Boult Cummings LLP
Retailers Must Ensure Compliance with Federal, State Child Labor Regulations “The end of the school year and the beginning of summer will bring a surge of school-age workers into the workplace as government scrutiny over employment of young workers is increasing. The Department of Labor (DOL) and Department of Health and Human Services (HHS) have a Memorandum of Agreement to combat unlawful child labor practices.” Full Article – Jackson Lewis P.C.
When Tunes Turn Toxic: Ninth Circuit Recognizes the Impact of Offensive Music in the Workplace “In recent years, listening to music while working has become routine and prevalent in many workplaces, with supporters of this trend claiming it improves morale, increases productivity, promotes team bonding and reduces stress. With the advent of on- demand music streaming on mobile devices, employees now have increased access to an unlimited range of music genres, allowing them to play any song they prefer at the press of a button.” Full Article – Phelps Dunbar LLP
If At First You Don’t Succeed: NLRB Readopts Highly Controversial “Independent Contractor” Standard “Last week, the National Labor Relations Board (NLRB or “Board”) decided in The Atlanta Opera, Inc., 372 NLRB No. 95 (2023) to make it easier to classify workers as “employees,” who are covered by the National Labor Relations Act (NLRA), as opposed to “independent contractors,” who are not. The standard set forth by the Board mirrors the one the NLRB drew up a few years ago, which was subject to court criticism and short-lived.” Full Article – Hunton Andrews Kurth
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
Employers Beware: Slew of New Illinois Employment Laws Passed and Poised to Take Effect
“For this entire 2023-2024 Illinois legislative term, we have been closely watching dozens of proposed employment bills make their way through the Illinois Legislature. In the weeks of May 8 and 15, 2023, seven of these bills passed both houses and await Governor J.B. Pritzker’s signature, which we have no doubt will occur.” Full Article
– Ford Harrison
NEW YORK
NEW YORK New York Inching Toward Ban of Employee Non-Compete Agreements
“The New York State Assembly has joined the State Senate in passing legislation to prohibit non-compete clauses in employment contracts. The bill now heads to the Governor and, if signed into law, would void any agreement containing a prohibited non-compete restraint and subject employers to potential litigation and liquidated damages.” Full Article
– Seyfarth Shaw LLP
Expansive NJ WARN Act Amendments on Mass Layoffs — Here to Stay
“Employers should be aware that significant changes to the Millville Dallas Airmotive Plant Job Loss Notification Act (‘NJ WARN’) took effect on April 10, 2023. The amendments broaden the definition of a mass layoff, create a mandatory severance pay requirement for employers, and increase notice requirements and related penalties.” Full Article
– Montgomery McCracken Walker & Rhoads LLP
NEW JERSEY
Size Matters: NYC’s New Height and Weight Legislation Reshapes Workplace Protections
“On May 26, 2023, Mayor Eric Adams signed into law a bill that expands New York City’s anti-discrimination laws, adding height and weight as protected characteristics under the New York City Human Rights Law.” Full Article
– Venable LLP
MINNESOTA
Minnesota Governor Signs Ban on Non-Compete Agreements, Statewide Paid Sick Leave, and Nursing Mothers Accommodations into Law
“The labor funding and economic development law significantly changes various Minnesota employment-related laws, including a ban on non- compete agreements entered into on or after July 1, 2023, mandatory paid sick leave, pregnancy and nursing mothers accommodations, and worker safety protections.” Full Article
– Koley Jessen
- Published in Blog
The RISQ RECAP:
June 19th – June 23rd, 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
Young Plaintiffs’ Attorney Closes Montana Climate Change Trial with Call for Action “An attorney for 16 young plaintiffs urged a judge Tuesday to strike down as unconstitutional a Montana law that prohibits state agencies from considering the environmental effects when it weighs permits allowing the release of greenhouse gases. Attorney Nate Bellinger made the plea in his closing argument at the end of a seven-day trial. Plaintiffs say state officials violated their right to a clean and healthful environment, part of the Montana Constitution, by allowing companies to build power plants and expand coal mines, among other things.” Full Article – Insurance Journal
McKinsey Creates New Ethics Role After $641 Million Opioid Fallout “McKinsey & Co. is beefing up its ethics department after a series of high-profile controversies, including helping Purdue Pharma LP “turbocharge” opioid sales. The management consulting giant is hiring for a newly created position with its global “ethics allegations management team.” The “specialist” will be responsible for “intake and triage of matters” that could present a risk to the firm. McKinsey is also looking to replace its ethics director, a position that helps “ensure we uphold a distinctive culture of integrity and ethical behavior across our firm,” according to the job description, with a salary that ranges from $235,000 to $314,000.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
The Undiscovered Country, Sort Of: Washington Employers Must Begin Collecting CARES Employee Premiums Starting July 1 “The new statute establishes a mandatory state-run insurance fund to help Washington residents pay for certain long-term care services, such as assisted living facilities, after retirement.” Full Article – Fisher & Phillips LLP
North Carolina Court Certifies Nationwide Class in Healthcare Fee Challenge “With the increased scrutiny on healthcare plan practices and the uptick in ERISA healthcare litigation in recent years, plan participants and fiduciaries are increasingly challenging fees and costs associated with their healthcare plans. [This] decision is a good example of this trend.” Full Article – Kantor & Kantor LLP
Circuit Considers Whether ERISA Preempts State PBM Regulation “The 10th Circuit’s coming decision in Mulready could signal whether federal courts will continue to rethink the boundaries of ERISA preemption. At oral arguments held on May 16, 2023, the 10th Circuit panel appeared skeptical of Oklahoma’s comparison of this case to Rutledge, given the significantly farther reach of the Oklahoma law into plan design and administration.” Full Article – Slevin & Hart, P.C.
Schlichter Exclusive: Does a New Wave of Fiduciary Litigation Loom? “ERISA litigation lawyer Jerry Schlichter has taken to social media to hunt for potential employee plaintiffs for a new brand of fiduciary litigation…. Failing to comply with the requirements of the CAA leaves employers at risk of fines and class-action lawsuits. But most employers are still in the dark, believing their broker or TPA will handle compliance on their behalf or that it’s simply ‘no big deal.” Full Article – American Retirement Association
Proposed Legislation Offers Guidance on Filing Requirements Under Affordable Care Act “The Employer Reporting Improvement Act (HR 3801) would change tax identification number (TIN) requirements, as well as set definite response times and limitations periods for IRS enforcement of ACA filing requirements. The Paperwork Burden Reduction Act (HR 3797) would extend the use of the alternative furnishing method to all Forms 1095-C instead of just those that report only enrollment in Part III of the Form 1095-C or Forms 1095-B.” Full Article – Ernst & Young LLP
The ERISA Edit: ACA Preventive Services Mandate Remains in Effect Through Appeal “The government stipulated that it would not seek penalties or take enforcement action against Braidwood for its refusal to cover the PSTF- recommended preventive care at issue (HIV- related preexposure prophylaxis (PrEP) drugs) through the time the Fifth Circuit issues a decision on the merits. The government also agreed that, until the Fifth Circuit issues its decision, it would not take any enforcement action against any Texas-based insurance issuer for offering to the individual plaintiffs a plan that excludes PrEP drugs or against the individual plaintiffs themselves for purchasing such a plan.” Full Article – Miller & Chevalier Chartered
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 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
Preparing for the Pregnant Workers Fairness Act
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
The Pregnant Workers Fairness Act (PWFA), which was signed into law on Dec. 29, 2022, will be in effect as of June 27, 2023. Under this law, employers with at least 15 employees must provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth or related medical conditions unless the accommodation will cause the employer an “undue hardship.”
The U.S. Equal Employment Opportunity Commission (EEOC) will start accepting charges under the PWFA on the day the law becomes effective for situations complained about having happened on June 27, 2023, or later. However, according to a recent survey by leave and accommodation management solutions provider AbsenceSoft, 43% of HR leaders are either not at all or only somewhat familiar with the PWFA. Nearly half said their HR department is not at all prepared or just starting to prepare for the June 27 deadline. Therefore, to avoid the risks of fines and lawsuits, employers should take steps now to prepare for the PWFA.
This article provides a general outline of the PWFA and actions employers can take now to prepare for the new law.
What Is the PWFA?
The PWFA amends the Americans with Disabilities Act (ADA) to require reasonable accommodations for a qualified individual’s limitations related to pregnancy, childbirth or related medical conditions. This law only applies to accommodations since existing laws the EEOC enforces make it illegal to terminate or otherwise discriminate against workers on the basis of pregnancy, childbirth or related medical conditions.
Importantly, the PWFA does not replace federal, state or local laws that are more protective of workers affected by pregnancy, childbirth or related medical conditions. Currently, more than 30 states and localities have laws providing accommodations for pregnant workers.
Who Does the PWFA Protect?
The PWFA protects employees and applications of covered employers who have known limitations related to pregnancy, childbirth or other related medical conditions. Covered employers include private- and public-sector employers with at least 15 employees, including federal agencies, employment agencies and labor organizations.
Additionally, covered employers cannot:
- Require an employee to accept an accommodation without a discussion between the worker and the employer about the accommodation
- Deny a job or other employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation
- Require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working
- Retaliate against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding, such as an investigation
- Interfere with any individual’s right under the PWFA
What Can Employers Do to Prepare for the PWFA?
Since the EEOC will accept PWFA complaints on the day the law becomes effective, it’s vital to review and become familiar with the law before June 27, 2023.
Employers can also prepare by reviewing their existing accommodation policies and revising them according to the PWFA’s requirements. Employers can even start engaging in the interactive process with covered employees and applicants who may need accommodations before the PWFA becomes effective. “Reasonable accommodations” are changes to the work environment or the way things are usually done at work. Employers are required to provide reasonable accommodations unless they would cause an “undue hardship” on the employer’s operations. An undue hardship is a significant difficulty or expense for employers.
Industry experts expect an increase in accommodation requests by pregnant employees once the PWFA becomes effective. Although the PWFA is modeled after the ADA, there are some critical differences. For example, under the ADA, employers aren’t required to modify the essential functions of a job to accommodate an employee. However, the PWFA allows employers to reevaluate a job’s essential functions in light of pregnancy, childbirth and other related medical conditions and make changes. Therefore, employers can prepare by becoming familiar with all reasonable accommodations outlined in the PWFA. For example, the House Committee on Education and Labor’s report on the PWFA provides several examples of possible reasonable accommodations, including the ability to:
- Sit or drink water
- Receive closer parking arrangements
- Have flexible hours
- Obtain appropriately sized uniforms and safety apparel
- Receive additional break time to use the bathroom, eat and rest
- Take leave or time off to recover from childbirth
- Be excused from strenuous activities that involve exposure to compounds not safe for pregnancy
Moreover, although the ADA, the Family and Medical Leave Act, the Pump Act and Title VII of the Civil Rights Act safeguard the rights of pregnant workers and new parents to equal employment, the PWFA mandates that employers take further steps to accommodate employees. Therefore, organizations can prepare for the PWFA by training HR personnel and managers on the law’s requirements and proper handling of PWFA accommodation requests.
Takeaway
Since time is limited, employers should take steps now to ensure their organizations are sufficiently prepared for the PWFA. This can help employers to avoid fines and lawsuits and prepare to make needed accommodations that allow their employees to be productive and comfortable at work.
This article provides a general overview of the PWFA and is not intended to be exhaustive. Due to the complexities of complying with PWFA requirements, employers are encouraged to seek legal counsel to discuss specific issues and concerns.
Employers can explore the EEOC’s What You Should Know About the Pregnant Workers Fairness Act for more information.
Contact RISQ Consulting today for additional PWFA resources.
- 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