The RISQ RECAP:
October 17th – October 21st, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Bill Would Require Front-view Safety Cameras for New Vehicles
“For several years now, new vehicles have been required to have rear-view cameras – a safety feature designed to help prevent autos and trucks from backing over children. But most vehicles on the road today do not have similar camera systems to check for objects and humans in the front. And as trucks and SUVs have become taller — limiting drivers’ vision immediately in front of the vehicle — the problem has only grown worse, NBC news reported Monday.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
An Employer Must Not Retaliate Against an Employee for Others’ Activity “In several recent cases, the National Labor Relations Board reminds employers that illegal retaliation against a worker can occur even if they were not directly involved in the protected actions of others – whether co-workers or unions.” Full Article – Shawe Rosenthal LLP
Bipartisan Legislators Introduce Bill with Some Legal Protections for Gig Workers “A bipartisan group of legislators recently introduced H.R.8442 – Worker Flexibility and Choice Act, a bill allowing businesses to maintain gig workers as independent contractors. The bill also would provide some legal protections for those workers, despite their independent contractor status.” Full Article – Hall Benefits Law LLC
NLRB Rules Employers Cannot Unilaterally Cease Dues Checkoff After CBA Expiration “On October 3, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) reversed its previous ruling from 2019 and held that a union dues checkoff provision should be treated as part of the status quo that the employer cannot unilaterally change following contract expiration.” Full Article – Ford Harrison LLP
Medical Marijuana and the Construction Job Site “The changing legal landscape relating to marijuana usage means that employers, especially those with safety sensitive positions or who are subject to federally mandated compliance requirements, need to review their current policies and approaches to positive drug tests reflecting marijuana usage to ensure they follow applicable federal, state, and local laws regarding marijuana in the workplace.” Full Article – Jackson Lewis PC
UPDATE: Employers Should Anticipate Significant Rise in Minimum Wage Rates Tied to Inflation “Employers in approximately a dozen states and twice as many cities and counties should expect significant hikes in minimum wage rates for 2023. Many of these hikes are due to state and local laws which account for inflation by automatically tying increases in the Consumer Price Index (CPI) to minimum wage rates. This year’s unusually high inflation and resultant CPI growth, however, threatens to raise hourly wages by nearly $1 or more in certain locales.” Full Article – By, Benesch Friedlander
DOL Proposes New Regulation Regarding Employees vs. Independent Contractors “Today the U.S. Department of Labor (DOL) published a new proposed rule defining employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposed regulation would move the “economic realities” test closer to prior interpretations of the FSLA, replacing a regulation published in January 2021 at the end of the Trump administration. The new rule proposes to return to a multi-factor test that looks at the totality of the circumstances and does not weigh or elevate any factor above another.” Full Article – Davis Wright Tremaine 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
California Prohibits Retaliation Against Employees for Refusal to Report to Work During Emergency Conditions
“On September 29,2022, California’s Governor Gavin Newsom signed Senate Bill (SB) 1044, which prohibits an employer in the event of an emergency condition from taking or threatening adverse action against any employee for refusing to report to or leave a workplace or worksite within the affected areas because the employee has a reasonable belief that the workplace or worksite is unsafe.” Full Article
– Jackson Lewis PC
WASHINGTON
Washington State Employers to Face Significant Minimum Wage and Salary Threshold Increases
“Starting January 1, 2023, the Washington state minimum wage will be $15.74 per hour. This is a $1.25 increase from the current 2022 minimum wage of $14.49 per hour. Because the salary threshold for exempt employees in Washington is tied to a multiple of the minimum wage, the exempt salary threshold for all employers with Washington-based employees will also increase.” Full Article
– Davis Wright Tremaine LLP
COLORADO
Colorado Gears Up for Sweeping New Paid Family and Medical Leave Insurance Program
“Colorado employers may want to begin preparing for the implementation of Colorado’s new state-run Paid Family and Medical Leave Insurance (FAMLI) program.” Full Article
– Ogletree Deakins LLP
NEW JERSEY
Attention New Jersey Employers: NJ Cannabis Regulatory Commission Issues Interim Guidance on Workplace Impairment
“On Sept. 9, 2022, the NJ Cannabis Regulatory Commission (NJ-CRC) issued interim guidance on detecting “workplace impairment” following the passage of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) almost two years ago.” Full Article
– Greenburg Traurig LLP
TEXAS
Texas District Court Holds EEOC Guidance on Sexual Orientation and Gender Identity Discrimination Unlawful
“On October 1, 2022, the United States District Court for the Northern District of Texas held that Equal Employment Opportunity Commission (“EEOC”) guidance addressing sexual orientation and gender identity discrimination in the workplace is unlawful. The case is State of Texas v. EEOC.” Full Article
– Proskauer Rose LLP
- Published in Blog
The RISQ RECAP:
October 10th – October 14th, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
The Future of P/C Underwriting: Shifting From Innovation to Operational Efficiency
“With rising inflation and the prospects of a recession on the horizon, the present macroeconomic environment is forcing property/casualty underwriters to adapt to new technologies and sources of data. All the while, policyholders are demanding more from underwriters, whether it’s greater transparency or access to dynamic pricing.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
When to Provide Domestic Partner Benefits “Domestic partners are entitled to the same employer-provided benefits as spouses only if the benefit is subject to state law and the state law recognizes domestic partnerships. This happens most commonly with insured group health plans. ERISA does not preempt state insurance laws.” Full Article – Holland and Hart LLP
Medical Claims Reviews: What Your Plan May be Missing “With thousands and thousands of codes that can be assigned to everything from the diagnosis of a patient’s condition to the facility where they receive care, there is plenty of room for error in medical billing. And it may never get caught, partly because billing has become so complicated and partly because patients, health plans and claims administrators may not have all the data they need to catch the errors.” Full Article – International Foundation of Employee Benefit Plans
Fourth Quarter 2022 Hits for Plan Sponsors and Administrator “With the first RxDC reporting deadline of December 27, 2022, fast approaching, plan administrators should discuss RxDC reporting with their providers now to develop a compliance plan. As the CMS warns, HIOS accounts can take up to two weeks to create. First dollar coverage for insulin will protect Health Savings Account eligibility for those who require an insulin regimen. Employers should determine if their plan requires an amendment to implement this change.” Full Article – Jackson Lewis P.C.
Biden Administration Proposal Restores, Updates Obama-Era ACA Section 1557 Rules “The Proposed Rule also suggests that TPAs subject to Section 1557 may be held liable for Section 1557 violations when the allegedly discriminatory act or feature originated with the TPA. For example, if a group health plan adopts a template plan document provided by the TPA, the TPA could be found liable. This appears to be the case even in the event the plan sponsor formally adopts the document or benefit design as the plan settlor.” Full Article – Groom Law Group
COBRA Election Notice Failure Underscores Need for Mailing Address Procedures “In a dispute involving alleged violations of notice requirements under COBRA, a district court addressed the respective liabilities of a self-funded health plan’s third-party administrator and its employer/plan sponsor for providing a COBRA election notice. The court concluded that the employer could not disclaim liability for providing the election notice to a plan participant at the correct address merely because it had contracted with the TPA to provide COBRA notices.” Full Article – Thomson Reuters Practical Law
Navigating Open Enrollment Requirements “A dependent audit performed by the plan’s administrator flagged the same sex spouse’s coverage. Consistent with the employer’s religious belief the HR executive informed the employee that the spouse’s coverage would be terminated at the end of the month. The employer argued that it was exempt from Title VII based on its status as a religious organization. Rejecting this interpretation, the district court concluded that religious organizations are not exempt from Title VII’s prohibition against discrimination based on characteristics other than religion.” Full Article – Faegre Drinker
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
CALIFORNIA
California Expands Pay Transparency and Reporting Obligations
“On September 27, 2022, California Governor Gavin Newsom signed Senate Bill (SB) 1162, which requires certain employers to provide more pay transparency on pay scales and expands pay data reporting obligations for other employers. The new obligations take effect on January 1, 2023.” Full Article
– Jackson Lewis
Bereavement Leave Now Protected in California
“On September 29, 2022, California Governor Gavin Newsom signed Assembly Bill (AB) 1949, which amends the California Family Rights Act (CFRA) to require covered employers to provide eligible employees with 5 days of bereavement leave. AB 1949 applies to employers with 5 or more employees nationwide.” Full Article
– Jackson Lewis
WASHINGTON D.C.
Washington D.C. to Expand Antidiscrimination Protections to Include Independent Contracts and Homeless Individuals
“Effective October 1, 2022, an amendment to the District of Columbia’s Human Rights Act (“the Act”) will expand the universe of workers protected under the Act, as well as codify workplace harassment as an unlawful discriminatory practice.” Full Article
– Proskauer Rose
NEW YORK
NYC to End Private Employer COVID-19 Vaccine Mandate on November 1, 2022
“On September 20, 2022, New York City Mayor Eric Adams announced that the city will end its COVID-19 vaccine mandate for private employers on November 1. Adams stated that lifting the mandate now “puts the choice in the hands of New York businesses” as to whether to require employee vaccination, subject to accommodations for religious or medical reasons. ” Full Article
– Cooley LLP
MASSACHUSETTS
Massachusetts Updates Paid Family and Medical Leave Contribution Rates for 202
“The Massachusetts Department of Family and Medical Leave has announced changes to the employer contribution rates under the Paid Family and Medical Leave Act (PFMLA) effective January 1, 2023.” Full Article
– Jackson Lewis
- Published in Blog
The RISQ RECAP:
October 3rd – October 7th, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Relay partners with CyberCube
“Insurance technology provider Relay Platform has announced a partnership with cyber risk analytics platform CyberCube. Relay allows clients to intake, submit and compare quotes digitally. The quotes are then presented in Rely’s Smart Client Proposal, which enables agents and brokers to convert more business. Relay combines API, manual and email quotes while providing analytics to help boost renewal rates.” Full Article
– Insurance Business America
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Do Employers Have Obligations Under OSHA with Respect to COVID-19 Safety? “Employers are subject to OSHA requirements related to COVID-19 safety in a few ways. Non- healthcare employers still have to comply with the General Duty Clause by performing job hazards assessments relating to COVID-19 exposures and protecting employees from those hazards including, but not limited to, providing personal protective equipment and contact tracing.” Full Article – Littler Mendelson
The Remote (Worker) is Broken! Workers’ Compensation and Stay-At-Home Employees “In a post-pandemic world, work-from-home and hybrid work arrangements have become the norm in many industries. While employers and employees have become adept at hosting Zoom and Teams meetings, this significant uptick in remote work begs the question: What if an employee gets injured while at home?” Full Article – Bradley Arant Boult Cummings LLP
Facing Your Face Mask Duties– A List of Statewide Orders “Governors and public health officials across the country implemented stringent mitigation measures to help contain the spread of COVID-19. As COVID-19 case rates fluctuate, face coverings are not uncommon as a preventative measure. Numerous jurisdictions have encouraged—or mandated—citizens to wear face coverings when out in public, especially when social distancing cannot be maintained effectively. Some directives also obligate employers to provide masks to their employees. – Littler Mendelson
” Full Article
Top 10 Labor & Employment Issues in M&A Transactions “Our business is buying (or selling) a company – now what? Due diligence is an essential part of a successful merger or acquisition, and there are countless labor and employment issues that may come up during this process. Should due diligence reveal that the target company is not in compliance with a certain law, the parties will have to analyze the risks associated with the transaction as a result of non-compliance. Is it too costly to come into compliance now? Are the risks of litigation or government action material?” Full Article – Akerman
Form I-9 Flexibility to End in October: What This Means For Employers “Many employers have adopted flexible working policies as a result of the COVID-19 pandemic, allowing their employees to work remotely on a part-time or even full-time basis. As an employer with flexible working policies, you may have been taking advantage of the Department of Homeland Security’s (DHS) temporary deferral of the requirement that you physically inspect your employees’ identity andemployment authorization documents in person at the start of employment, as part of the process for completing the Form I-9, Employment Eligibility Verification.” Full Article – Venable LLP
“Dazed and Confused”: What Multi-State Employers Need to Know About the Current Trend of California and Several Other States Prohibiting Discrimination of Off- Duty Cannabis Use “Within the past year, seven states and several cities[4] across the country have expanded these protections to include recreational use of cannabis, with California being the most recent state to pass such a law. With the passing of AB-2188, California now joins Nevada,[5] New York, New Jersey, Connecticut, Montana, and Rhode Island to make it “unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, . . . [for] the person’s use of cannabis off the job and away from the workplace.” Full Article – Gordon & Rees
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
CALIFORNIA
California Expands Pay Transparency and Reporting Obligations
“On September 27, 2022, California Governor Gavin Newsom signed Senate Bill (SB) 1162, which requires certain employers to provide more pay transparency on pay scales and expands pay data reporting obligations for other employers. The new obligations take effect on January 1, 2023.” Full Article
– Jackson Lewis
Bereavement Leave Now Protected in California
“On September 29, 2022, California Governor Gavin Newsom signed Assembly Bill (AB) 1949, which amends the California Family Rights Act (CFRA) to require covered employers to provide eligible employees with 5 days of bereavement leave. AB 1949 applies to employers with 5 or more employees nationwide.” Full Article
– Jackson Lewis
WASHINGTON D.C.
Washington D.C. to Expand Antidiscrimination Protections to Include Independent Contracts and Homeless Individuals
“Effective October 1, 2022, an amendment to the District of Columbia’s Human Rights Act (“the Act”) will expand the universe of workers protected under the Act, as well as codify workplace harassment as an unlawful discriminatory practice.” Full Article
– Proskauer Rose
NEW YORK
NYC to End Private Employer COVID-19 Vaccine Mandate on November 1, 2022
“On September 20, 2022, New York City Mayor Eric Adams announced that the city will end its COVID-19 vaccine mandate for private employers on November 1. Adams stated that lifting the mandate now “puts the choice in the hands of New York businesses” as to whether to require employee vaccination, subject to accommodations for religious or medical reasons. ” Full Article
– Cooley LLP
MASSACHUSETTS
Massachusetts Updates Paid Family and Medical Leave Contribution Rates for 202
“The Massachusetts Department of Family and Medical Leave has announced changes to the employer contribution rates under the Paid Family and Medical Leave Act (PFMLA) effective January 1, 2023.” Full Article
– Jackson Lewis
- Published in Blog
The RISQ RECAP:
September 26th – September 30th, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Revealed – The Top Five Insurtech Trends Reshaping America’s Insurance Landscape
“The insurtech space continues its rapid ascent as manifested in the market’s growing range of capabilities and business models – and those who will benefit the most, according to experts, are the insurance companies and investors with a deep understanding of “emerging technology and commercial trends.”” Full Article
– Insurance Business America
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
What New Student Loan Relief Means for Employee Benefits “Employers may want to consider building in flexibility to their education assistance programs and to any matching contributions offered through coordination of such a program and a 401(k) plan benefit. If proposed measures take effect, more individuals will be eligible for $0 monthly income- based payment amounts in the future. Employers that do not currently offer education assistance programs may want to consider adding one by January 1, 2023, as many borrowers’ priorities will be shifting from retirement savings to student loan repayments then.” Full Article – Ogletree Deakins
Federal Court Finds Key Part of ACA’s Preventive Service Mandate Unconstitutional “The court found that U.S. Preventive Services Task Force (USPTF) members were principal officers who must be nominated by the President and confirmed by the Senate. The court noted that USPTF was not part of HHS or another agency and its members are not directed or supervised by someone appointed by the President and confirmed by the Senate. Further, the court agreed with the plaintiffs that the requirement to cover PrEP to prevent the transmission of HIV violates the RFRA because it substantially burdened their religious exercise.” Full Article – The Wagner Law Group
Employee Benefits in the United States, March 2022 “Life insurance was available to 57 percent of private industry workers in March 2022. Forty- three percent of private industry workers had access to short-term disability insurance. Thirty-five percent of private industry workers had access to long-term disability insurance. Wellness programs were available to 43 percent of private workers.” Full Article – U.S. Bureau of Labor Statistics (BLU)
Final Rule Changes No Surprises Act Requirements “The Final Rule addresses specific disclosure requirements for group health plans and health insurance issuers related to the Qualified Payment Amount (QPA) for out-of-network (OON) services and sets forth the factors and information which certified Federal Independent Dispute Resolution (IDR) entities must consider in arbitrating disputes for OON services or items. The Final Rule is effective October 25, 2022, for services/items rendered during plan years beginning or after January, 1, 2022.” Full Article – Sheppard Mullin
The Inflation Reduction Act Has Been Signed Into Law and Includes Key Health Provisions “The IRA provides a safe harbor that allows high deductible health plans (HDHPs) to cover insulin before the participant meets the HDHP’s deductible without adversely affecting the participant’s health savings account (HSA) eligibility. In addition, the IRA establishes a system for Medicare to negotiate drug prices with manufacturers, which has the potential to raise group health plans’ costs in the future because employer group health plans are not eligible for the negotiated drug price rates or the rebates.” Full Article – Miller Johnson
Three Key Strategies for Defending MHPAEA Claims: Preparing for the Lawsuit Before It Is Filed “[1] Carefully review plan terms related to the benefits that are frequently the target of MHPAEA claims and the medical/surgical treatments that plaintiffs typically claim are analogs for these treatments. [2] Confirm that the processes for designing and applying coverage limitations are well- documented and in compliance with MHPAEA’s requirements. [3] Confirm that processes are in place to comply with MHPAEA’s disclosure requirements in response to participant document requests. Such requests are an ‘early warning’ that a MHPAEA lawsuit may be coming.” Full Article – Groom Law Group
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
NEW JERSEY
Changes to Posting Requirements Prompt Jersey Employers to Ensure Compliance
“The New Jersey Division on Civil Rights (DCR) recently published final regulations that change the content of certain required notifications New Jersey employers must provide to employees. On August 1, 2022, the DCR announced that these changes are effective immediately and are intended to better inform individuals of their rights under the New Jersey Law Against Discrimination (LAD) and the New Jersey Family Leave Act (FLA). Regulations under the LAD and FLA require covered employers to (1) “display” the official posters in “easily visible” places and (2) “provide” each employee with a copy of the official posters annually and upon an employee’s first request.” Full Article
– Duane Morris LLP
OREGON
Rules Governing Oregon’s New Paid Family and Medical Leave Insurance Program and Equivalent Plan Application Process
“On July 22, 2022 and August 22, 2022, the Oregon Employment Department (OED) published its latest rules governing Oregon’s new Paid Family and Medical Leave Insurance (PFMLI) program. The PFMLI program will be funded by employer and employee contributions in the form of payroll deductions beginning January 1, 2023 and will provide employees with up to 12 weeks of paid time off for leave that qualifies as family, medical, or safe leave, absent undue hardship, beginning on September 3, 2023.” Full Article
– Littler Mendelson PC
MICHIGAN
The Michigan Supreme Court Holds that Discrimination on the Basis of Sexual Orientation is Prohibited by the Elliott-Larsen Civil Rights Act
“On July 28, 2022, in a 5-2 opinion, the Michigan Supreme Court held that the prohibition of discrimination “because of… sex” in the Elliott-Larsen Civil Rights Act (“ELCRA”) includes discrimination on the basis of sexual orientation. Rouch World LLC v Department of Civil Rights, No. 162482, July 28, 2022.” Full Article
– Dickinson Wright
MISSISSIPPI
Protections for Employers Under the New
“Mississippi Medical Cannabis Act that was signed by Gov. Tate Reeves in February 2022 was written in a way to protect employers. Here are some protections that employers will see under the new law. Some of the protections offered are; employers are not required to pay for or reimburse any individual or entity for cost associated with the medical use of cannabis, no employer is required to permit or accommodate the medical use of cannabis and employers are not prohibited from hiring or discharging the privilege employment because of an individual’s use of medical cannabis.” Full Article
– Phelps Dunbar LLP
CALIFORNIA
California Creates Unelected Council to Set Minimum Wages/ Working Conditions of 500,000 Fast Food Workers
“On September 5, 2022, Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act (AB-257). The state government, which is dominated at all levels by union-friendly politicians, will appoint a 10-member Council composed of employees, employers and “union activists” to set the minimum wages and working conditions of fast food workers in the state – however, the new Council will only have jurisdiction over non-unionized fast food restaurants. Since unionized restaurants will be exempted from the law, they will be free to pay their employees lower wages and benefits than those set by the Council.” Full Article
– Proskauer Rose LLP
- Published in Blog
The RISQ RECAP:
September 19th – September 23rd, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Damage Assessments Begin in Flooded Alaska Villages
“Authorities in Alaska were making contact this week with some of the most remote villages in the United States to determine their food and water needs, as well as assess the damage after a massive storm flooded communities on the state’s vast western coast this weekend. No one was reported injured or killed during the massive storm – the remnants of Typhoon Merbok – as it traveled north through the Bering Strait over the weekend. However, damage to homes, roads and other infrastructure is only starting to be revealed as floodwaters recede.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Wage and Hour Concerns for Employers of Remote Workers “Employers who allow workers to work remotely, or on a hybrid work schedule, could face challenges related to wage and hour compliance issues under the Fair Labor Standards Act (FLSA). Hourly workers who are not exempt from the FLSA overtime rules, which have no set or enforced policies on where and when they can work, could create major liability for employers under certain circumstances. While there is no way to eliminate the risk of FLSA violations with remote and hybrid workers, employers can take some steps to minimize their risk of lawsuits by employees and enforcement actions by regulatory agencies.” Full Article – Hall Benefits Law LLC
Born Under a Bad Sign: Avoiding Electronic Signature Blues “When Albert King sang “Born Under a Bad Sign,” he was not referring to a document containing an invalid electronic signature. Nevertheless, in a post-COVID world with large numbers of remote workers, employers can take affirmative steps to minimize the kind of “bad luck” the blues singer referred to by understanding issues that may arise when using electronic signatures. Laws at both the state and federal level generally allow electronic signatures to have the same validity as their traditional handwritten counterparts. In an employment context, these laws can cover a wide range of documents, from contracts, to settlement agreements, to restrictive covenant agreements, and more.” Full Article – Akerman LLP
Saving the Employment Relationship “Quiet quitting continues to dominate the headlines. Today’s report in the Wall Street Journal features a Gallup study that suggests nearly half of American workers are “psychologically detached” from their jobs. This study (if true) is troubling for the future of the employment relationship if indifference forms the foundation of that relationship. Indifference can only thrive in a workplace lacking a well-articulated mission the employees believe in. And the feeling of detachment — that someone can phone it in, do the bare minimum, and disown the results — is more likely to exist when an employee senses professional or personal disinterest. So how can the employment relationship be saved in this environment?” Full Article – Mintz
Internship Laws in Review: Ensuring Your Next Internship Program Does Not Run Afoul of State and Federal Labor Laws “As internship season ends, now is a perfect time for employers to review their internship programs to ensure compliance with federal, state and local labor and employment laws. Internships are generally intended to be educational opportunities for students or recent graduates to learn invaluable on-the-job skills, how to effectively work in a specific environment and perhaps earn academic credit or supplement their education post-graduation. Depending on the purpose of the program and a variety of other factors, the internship may be paid or unpaid. In most cases, interns will be considered employees subject to minimum wage and overtime pay, as well as other “employment” obligations such as Workers Compensation, and Unemployment Insurance and federal and state tax withholding.” Full Article – Venable LLP
Resurgence in Criminal Prosecutions for OSHA Workplace Safety Violations – Spencer Fane LLP
“A series of recent criminal prosecutions stemming from workplace fatalities in connection with OSHA’s worker safety laws underscore the Justice Department’s willingness to charge OSH Act crimes, even in the absence of other Title 18 offenses or other criminal charges.” Full Article
NLRB Proposes Return to a More Expansive Joint Employer Standard “One day after Labor Day, the National Labor Relations Board (“NLRB” or the “Board”) issued a proposed rule that would rescind and replace the Trump Administration’s 2020 rule that established the current test for determining whether two entities are joint employers. Predictably, the proposed rule, if adopted by the Board, will result in more findings that two entities are joint employers. Under federal labor law, a joint employer is required to bargain with a union selected by its jointly-employed workers and may be held liable for the unfair labor practices committed by the other employer.” Full Article – Shawe Rosenthal 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
Changes to Posting Requirements Prompt Jersey Employers to Ensure Compliance
“The New Jersey Division on Civil Rights (DCR) recently published final regulations that change the content of certain required notifications New Jersey employers must provide to employees. On August 1, 2022, the DCR announced that these changes are effective immediately and are intended to better inform individuals of their rights under the New Jersey Law Against Discrimination (LAD) and the New Jersey Family Leave Act (FLA). Regulations under the LAD and FLA require covered employers to (1) “display” the official posters in “easily visible” places and (2) “provide” each employee with a copy of the official posters annually and upon an employee’s first request.” Full Article
– Duane Morris LLP
OREGON
Rules Governing Oregon’s New Paid Family and Medical Leave Insurance Program and Equivalent Plan Application Process
“On July 22, 2022 and August 22, 2022, the Oregon Employment Department (OED) published its latest rules governing Oregon’s new Paid Family and Medical Leave Insurance (PFMLI) program. The PFMLI program will be funded by employer and employee contributions in the form of payroll deductions beginning January 1, 2023 and will provide employees with up to 12 weeks of paid time off for leave that qualifies as family, medical, or safe leave, absent undue hardship, beginning on September 3, 2023.” Full Article
– Littler Mendelson PC
MICHIGAN
The Michigan Supreme Court Holds that Discrimination on the Basis of Sexual Orientation is Prohibited by the Elliott-Larsen Civil Rights Act
“On July 28, 2022, in a 5-2 opinion, the Michigan Supreme Court held that the prohibition of discrimination “because of… sex” in the Elliott-Larsen Civil Rights Act (“ELCRA”) includes discrimination on the basis of sexual orientation. Rouch World LLC v Department of Civil Rights, No. 162482, July 28, 2022.” Full Article
– Dickinson Wright
MISSISSIPPI
Protections for Employers Under the New
“Mississippi Medical Cannabis Act that was signed by Gov. Tate Reeves in February 2022 was written in a way to protect employers. Here are some protections that employers will see under the new law. Some of the protections offered are; employers are not required to pay for or reimburse any individual or entity for cost associated with the medical use of cannabis, no employer is required to permit or accommodate the medical use of cannabis and employers are not prohibited from hiring or discharging the privilege employment because of an individual’s use of medical cannabis.” Full Article
– Phelps Dunbar LLP
CALIFORNIA
California Creates Unelected Council to Set Minimum Wages/ Working Conditions of 500,000 Fast Food Workers
“On September 5, 2022, Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act (AB-257). The state government, which is dominated at all levels by union-friendly politicians, will appoint a 10-member Council composed of employees, employers and “union activists” to set the minimum wages and working conditions of fast food workers in the state – however, the new Council will only have jurisdiction over non-unionized fast food restaurants. Since unionized restaurants will be exempted from the law, they will be free to pay their employees lower wages and benefits than those set by the Council.” Full Article
– Proskauer Rose LLP
- Published in Blog
The RISQ RECAP:
September 12th – September 16th, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
US Aims to Reverse Some Trump Offshore Safety Rule Rollbacks
“The U.S. Department of the Interior said Monday that it wants to reverse some Trump administration rollbacks of offshore safety rules to prevent blowouts like the BP catastrophe that killed 11 people and fouled the Gulf of Mexico in 2010.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
ERISA Lawsuit Time-Barred Due to Plan’s Limitations Period “In reaching this determination, the Eleventh Circuit concluded that it was irrelevant that the plaintiff was not given actual notice of the limitations provision.” Full Article – The Wagner Law Group
Fifth Circuit Rules in Section 1557 Litigation “The decision means that HHS is permanently barred from interpreting or enforcing Section 1557 in a way that would require the religious plaintiffs in Franciscan Alliance to perform or provide insurance coverage for services related to gender transition or abortion. This article discusses this case and also summarizes the status of other litigation over rules to implement Section 1557.” Full Article – Health Affairs
District Court: ACA’s HIV/Prep Coverage Mandate Violates Religious Freedom Restoration Act “In a dispute involving the ACA’s preventive health services rules, a Texas district court held that the coverage mandate for preexposure prophylaxis (PrEP) drugs to prevent HIV infections violated an employer’s rights under the Religious Freedom Restoration Act of 1993 (RFRA). The district court also addressed the appointment process for the entities that determine which items and services must be covered under the ACA’s preventive health services rules, as implemented.” Full Article – Thomson Reuters Practical Law
Agency FAQs Reveal Employers Continue to Struggle with Implementation of No Surprises Act and Transparency in Coverage Requirements “The DOL, HHS and the Treasury recently issued joint guidance in the form of FAQs which [1] elaborate on and relax the requirement that plans make machine-readable files publicly available on the plan’s website no later than 7/1/2022 [2] specify the three ways in which plans and issuers must satisfy the notice obligation, and [3] clarify how protections would apply for plans with no network (e.g., reference- based pricing plans) or plans that only extend in-network coverage.” Full Article – Seyfarth Shaw LLP
Benefits-Related Provisions of the Inflation Reduction Act of 2022 – Groom Law Group
“On August 16, President Biden signed into law the Inflation Reduction Act of 2022 (P.L. 117-169; the “Act”). Although the Act differs considerably from the wide-ranging domestic economic package Democrats had initially envisioned under the Build Back Better moniker, the Act nevertheless includes a number of significant initiatives addressing the climate, healthcare, and tax issues. …[1] Extension of ACA subsidies [2] Medicare prescription drug pricing negotiations [3] Manufacturer rebates under Medicare [4] HSA safe harbor for insulin.” Full Article
Hospital and Insurer Price Transparency Rules Now in Effect But Compliance Is Still Far Away “The short answer to the question of whether these transparency rules are working is not quite yet. Hospitals have been slow to comply with transparency rules. Even when hospitals have complied with the rules, experts have found the data to be ‘consistently inconsistent’ in terms of how data elements are defined and displayed, making it very difficult for third parties to make connections across hospitals and payers.” Full Article – Health Affairs
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
Establishing Independent Contractor Status Continues to Challenge New Jersey Employers
“In East Bay Drywall, LLC v. Department of Labor & Workforce Development, decided on August 2, 2022, the New Jersey Supreme Court confirmed the difficulties employers face when trying to establish independent contractor status for their workers.” Full Article
– Cole Schotz
NEW YORK
New York City Will Soon Regulate Use of
Artificial Intelligence in Employment Decisions
“On January 1, 2023, New York City employers will have to comply with a new law aimed at preventing bias in artificial intelligence hiring tools. These tools, which include algorithms and software geared towards finding ideal candidates, have come under fire in recent years for their potential to unlawfully discriminate against protected classes.” Full Article
– Benesch Friedlander Coplan & Aronoff LLP
New York Adult Survivors Act: What Employers Should Know
“The Adult Survivors Act, a law recently signed by New York Governor Kathy Hochul, will go into effect on November 24 and provide a one-year window for individuals to bring certain previously time-barred sexual offense claims, regardless of when the alleged act occurred.” Full Article
– Morgan Lewis & Bockius
COLORADO
Colorado Expands Notice Requirements for Employees Upon Termination
“When a Colorado employee’s employment terminates for any reason, employers are required to provide certain information to the employee regarding unemployment insurance benefits. Colorado expanded employers’ notice requirements under Senate Bill 22-234, which was passed on May 25, 2022.” Full Article
– Cooley LLP
NEVADA
Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use
“Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada supreme Court has upheld a lower court’s decision to dismiss a complaint by an employee who was fired for testing positive for marijuana on a post-accident drug test.” Full Article
– Littler Mendelson
- Published in Blog
The RISQ RECAP:
September 5th – September 9th, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
How is remote work impacting women in the insurance workplace?
“As executive vice president and chief customer officer at Nationwide, Amy Shore develops and executes strategies to maximize customer acquisition and drive retention. Previously, she served as Nationwide’s president of P&C sales and distribution. Her leadership experience in the insurance industry has ranged across sales, underwriting, pricing, customer service, and general management.” Full Article
– Insurance Business America
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Pandemic to Permanent? Proposed Changes to the I-9 Verification Process “Welcome news for U.S. employers—the federal government has issued new proposed rules that may lead to further temporary or permanent changes to the I-9 verification process. As set forth in the Notice of Proposed Rulemaking published by the U.S. Immigration and Customs Enforcement (“ICE”), Department of Homeland Security (“DHS”), on August 18, 2022 (the “Proposed Rule”), alternate options for some or all employers are on the horizon.” Full Article – Bowditch & Dewey
Employers Should Anticipate Significant Rise in Minimum Wage Rates Tied to Inflation “Employers in approximately a dozen states and twice as many cities and counties should expect significant hikes in minimum wage rates for 2023. Many of these hikes are due to state and local laws which account for inflation by automatically tying increases in the Consumer Price Index (CPI) to minimum wage rates. This year’s unusually high inflation and resultant CPI growth, however, threatens to raise hourly wages by nearly $1 or more in certain locales.” Full Article – Benesch Friedlander Coplan & Aronoff LLP
FOIL Law Simplified “Nearly anyone who can read a newspaper understands the meaning of a FOIL or FOIA request. FOIA refers to the Freedom of Information Act, which allows a requester to obtain documents from federal agencies, while its state-based analogs, the Freedom of Information Law and other similar laws, apply in the various states. Simple enough at a high level, but even practicing lawyers with some familiarity with the statutes tense up when a client gets involved with FOIA/FOIL because of procedural twists and the more complicated details related to exceptions to production obligations.” Full Article – Venable LLP
DOL Plans to Release Proposed Overtime Rule in Fall 2022 “The U.S. Department of Labor (DOL) recently published its spring regulatory agenda containing a tentative date of October 2022 for a proposed overtime rule. The proposed rule will advise businesses on implementing the exemption of bona fide executive, administrative, and professional employees from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). Although the specifics of the proposed rule remain unknown, many advocates expect several changes to specific aspects of the existing rule.” Full Article – Hall Benefits Law
NLRB Overturns a Trump-Era Precedent; Employers Cannot Ban Union Insignia – Benesch Friedlander Coplan & Aronoff LLP
“On August 29, 2022, the National Labor Relations Board (the “Board”) issued a precedent
-shifting decision ruling that it was unlawful for Tesla Inc. to prohibit employees from wearing shirts bearing union insignia. Tesla Inc., 370 NLRB No. 131 (2022).” Full Article
Do You Disclose Workforce Diversity Data? The OFCCP Might Do That For You “Any employer required to collect EEO-1 workforce demographic data should be thinking about the issue of whether to publicly disclose that data, and consider what might happen to it once it’s disclosed. This point is driven home by the OFCCP’s recent notice in the Federal Register that it may disclose EEO-1 Reports filed by certain federal contractors from 2016–2020 (namely, Type 2 Consolidated Reports) in response to a FOIA request by a nonprofit news organization.” Full Article – Vinson & Elkins
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
Establishing Independent Contractor Status Continues to Challenge New Jersey Employers
“In East Bay Drywall, LLC v. Department of Labor & Workforce Development, decided on August 2, 2022, the New Jersey Supreme Court confirmed the difficulties employers face when trying to establish independent contractor status for their workers.” Full Article
– Cole Schotz
NEW YORK
New York City Will Soon Regulate Use of
Artificial Intelligence in Employment Decisions
“On January 1, 2023, New York City employers will have to comply with a new law aimed at preventing bias in artificial intelligence hiring tools. These tools, which include algorithms and software geared towards finding ideal candidates, have come under fire in recent years for their potential to unlawfully discriminate against protected classes.” Full Article
– Benesch Friedlander Coplan & Aronoff LLP
New York Adult Survivors Act: What Employers Should Know
“The Adult Survivors Act, a law recently signed by New York Governor Kathy Hochul, will go into effect on November 24 and provide a one-year window for individuals to bring certain previously time-barred sexual offense claims, regardless of when the alleged act occurred.” Full Article
– Morgan Lewis & Bockius
COLORADO
Colorado Expands Notice Requirements for Employees Upon Termination
“When a Colorado employee’s employment terminates for any reason, employers are required to provide certain information to the employee regarding unemployment insurance benefits. Colorado expanded employers’ notice requirements under Senate Bill 22-234, which was passed on May 25, 2022.” Full Article
– Cooley LLP
NEVADA
Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use
“Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada supreme Court has upheld a lower court’s decision to dismiss a complaint by an employee who was fired for testing positive for marijuana on a post-accident drug test.” Full Article
– Littler Mendelson
- Published in Blog
The RISQ RECAP: August 29th – September 2nd, 2022
August 29th – September 2nd, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Breaking Down Inflation’s $30B Impact on Insurers Line By Line
“Experts at McKinsey & Company estimate that inflation pushed loss costs for property/casualty insurers up roughly $30 billion last year, with nearly three-quarters of that figure coming through personal lines.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Federal Officials Revise Approach to Arbitration Under No Surprises Act “The final rule’s most significant change is elimination of the ‘rebuttable presumption’ in favor of the QPA, a part of the interim final rule that has been the subject of eight lawsuits from providers and two court decisions thus far…. The final rule … does not dictate which offer the IDR entity should select. It instead focuses on the process that IDR entities should use when choosing between two competing offers.” Full Article – Health Affairs
Inflation Reduction Act Indirectly Impacts Employer-Sponsored Group Health Plans – Thomson Reuters / EBIA
“Expanded eligibility for the premium tax credits could increase penalty exposure for ALEs that do not offer affordable, minimum-value coverage to all full- time employees. The improvement to Medicare Part D drug coverage may affect the analysis of whether employer-sponsored prescription drug coverage is ‘creditable,’ i.e., at least as good as standard Part D prescription drug coverage.” Full Article
Employers May Have to Pay More in 2023 as Affordability Threshold Hits New Low “For plan years beginning in 2023, a plan will meet the ACA affordability requirement under the FPL safe harbor if an employee’s required contribution for self-only coverage does not exceed $103.28 per month.” Full Article – Seyfarth
IRS Ignoring Clear Requirements of IRC Section 4980H When Issuing Employer Mandate Penalties – Violating Employers Due Process Rights “One issue that has been percolating since the IRS began enforcing the employer mandate penalties under Internal Revenue Code section 4980H in late 2017 is whether the IRS even had the authority to do so in light of the fact that very few section 1411 notices were ever provided to employers.” Full Article – Accord
HHS Again Proposes Nondiscrimination Regs Under Section 1557 of the ACA “While gender identity and sexual orientation protections are a primary focus of the proposed regulations, along with protections for disabled individuals and individuals with limited English proficiency (LEP), a number of other issues are addressed, including several for which HHS has requested comments.” Full Article – The Wagner Law Group
Two Recent Cases Provide Important ERISA Reminders “The reminders in one recent case are: [1] the DOL does audit many plans of many sizes, and [2] blatantly ignoring the requirements of ERISA when administering or amending an ERISA plan or the advice of your counsel and other advisors on the hope that you will not be audited is not prudent or smart.” Full Article – Foley & Lardner LLP
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
COLORADO
Colorado Continues to Whittle Away at Non-Compete Agreements
“Effective August 10, 2022, Colorado’s laws governing restrictive covenants shall be amended to provide additional limitations and hurdles for employers who seek non-compete and non-solicit agreements with their employees, including compensation thresholds and notice requirements. The new law also sets forth steep penalties for any violations. This article provides the details of these new restrictions.” Full Article
– McDermott Will & Emery
MASSACHUSETTS
Massachusetts Appeals Court Says Home Inspectors Were Independent Contractors — Not Employees
“On August 11, 2022, Governor Hochul signed the Green CHIPS On July 13, 2022, the Massachusetts Appeals Court issued a decision in Tiger Home Inspection, Inc. v. Dir. of the Dep’t of Unemployment Assistance. The Appeals Court held that home inspectors were classified properly as independent contractors under the state Unemployment Insurance (“UI”) law. In so holding, the Appeals Court reversed both a state agency and a lower court that found the home inspectors at issue were misclassified employees.” Full Article
– Seyfarth Shaw LLP
CONNECTICUT
Connecticut’s Pandemic “Hero Pay” Program Goes into Effect
“Private-sector essential employees who worked in Connecticut during the pandemic may receive up to $1,000 in premium pay (i.e., “hero pay”), through a $30 million fund established under the state budget approved by the General Assembly and Governor Ned Lamont.” Full Article
– Jackson Lewis PC
CALIFORNIA
Cal/OSHA Releases Revised Draft of Workplace Violence Prevention Regulation
“The California Division of Occupational Safety and Health (Cal/OSHA) released a revised workplace violence prevention regulation draft. If Cal/OSHA adopted the regulation, it would become a part of the General Industry Safety Order (GISO) of the California Code of Regulations. Cal/OSHA seeks interested parties to submit written comments on the draft no later than July 18, 2022.” Full Article
– Hall Benefits Law LLC
WASHINGTON
Washington State Adopts Emergency Heat and Wildfire Rules
“This summer is shaping out to be another scorcher and Washington State employers should know about the Department of Labor & Industries (“LNI”) new emergency requirements for heat and smoke protections for outdoor employees effective June 15 through September 29.” Full Article
– Jackson Lewis PC
- Published in Blog
The RISQ RECAP: August 22nd – August 26th, 2022
August 22nd – August 26th, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
Man-Made Crises Threaten P/C Markets, Says Joint Report From Trade Associations
“Several insurance industry trade associations used the 30th anniversary of Hurricane Andrew – a storm that upended and transformed insurance and the manner in which communities prepare for natural disasters – to broadcast their conclusion that man-made threats are today the “root causes of most market instability.”” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Have We Reached the New Normal? The CDC’s Revised COVID-19 Rules “As the COVID-19 pandemic continues to evolve, the Centers for Disease Control and Prevention (CDC) has once again issued new guidance on August 11, 2022. What has changed? The CDC has further loosened its COVID-19 guidance and, in particular, its guidance related isolation. The main change is that individuals, regardless of their vaccination status, are no longer recommended to quarantine after being exposed to the virus, as long as they don’t feel sick.” Full Article – Shawe Rosenthal LLP
Implementing Diversity, Equity, and Inclusion Initiatives in Hiring Without Running Afoul of Anti-Discrimination Laws – Venable LLP
“Promoting diversity in the workforce has become a key focus for many employers. Organizations have increasingly recognized the many benefits of employing a workforce with diverse backgrounds, perspectives, and experiences, and, more specifically, employees who belong to a variety of different characteristics protected by federal and state employment laws, including race, gender/sexual orientation, age, religion, and disability, among others.” Full Article
EEOC States Employers Must Show Business Necessity to Test Workers for COVID-19 “The U.S. Equal Employment Commission (“EEOC”) has recently updated its Technical Assistance Questions and Answers, ‘What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (Q&A),’ and taken the position that employers may only screen employees for COVID-19 if it is a business necessity that is justified by ‘current pandemic circumstances and individual workplace circumstances’.” Full Article – Hunton Andrews Kurth LLP
NLRB Awards Bargaining Expenses to Union “In a recent case, the Court of Appeals for the 9th Circuit (Court) enforced an order of the National Labor Relations Board (NLRB or Board) requiring an employer to reimburse the union for the expenses that the union incurred during collective bargaining negotiations. NLRB v. Ampersand Publishing, 9th Cir., No. 21-71060, 8/11/22. The bargaining negotiations expenses included the legal fees the union had paid to outside counsel for consultation during the negotiations.” Full Article – Snell & Wilmer LLP
With So Many Nonexempt Employees Working Remotely, What Should Be Our Key Wage and Hour Compliance Priorities? “A key priority with nonexempt employees working remotely is managing time and tracking hours worked. Employers need to clearly define what constitutes work – including checking email and managing non-work interruptions – and instruct employees when they can and cannot perform work. It’s important to train your supervisors on what to do when they have reason to believe an employee is not working during scheduled hours or working outside scheduled hours.” Full Article – Littler Mendelson PC
Nasty Language May Be Protected Concerted Activity, Court Says “Non-union employers, this goes for you, too! An employee’s use of bad language doesn’t necessarily mean that the employer can take action against him. Even if the language arguably violates the employer’s no-harassment policy. If the bad language concerns terms and conditions of employment, it may be protected by the Section 7 of the National Labor Relations Act. If so, and if there is a “causal relationship” between the protected concerted activity and the action taken against the employee, the employer’s action would be an unfair labor practice.” Full Article – Constangy, Brooks, Smith & Prophete 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.
COLORADO
Colorado Continues to Whittle Away at Non-Compete Agreements
“Effective August 10, 2022, Colorado’s laws governing restrictive covenants shall be amended to provide additional limitations and hurdles for employers who seek non-compete and non-solicit agreements with their employees, including compensation thresholds and notice requirements. The new law also sets forth steep penalties for any violations. This article provides the details of these new restrictions.” Full Article
– McDermott Will & Emery
MASSACHUSETTS
Massachusetts Appeals Court Says Home Inspectors Were Independent Contractors — Not Employees
“On August 11, 2022, Governor Hochul signed the Green CHIPS On July 13, 2022, the Massachusetts Appeals Court issued a decision in Tiger Home Inspection, Inc. v. Dir. of the Dep’t of Unemployment Assistance. The Appeals Court held that home inspectors were classified properly as independent contractors under the state Unemployment Insurance (“UI”) law. In so holding, the Appeals Court reversed both a state agency and a lower court that found the home inspectors at issue were misclassified employees.” Full Article
– Seyfarth Shaw LLP
CONNECTICUT
Connecticut’s Pandemic “Hero Pay” Program Goes into Effect
“Private-sector essential employees who worked in Connecticut during the pandemic may receive up to $1,000 in premium pay (i.e., “hero pay”), through a $30 million fund established under the state budget approved by the General Assembly and Governor Ned Lamont.” Full Article
– Jackson Lewis PC
CALIFORNIA
Cal/OSHA Releases Revised Draft of Workplace Violence Prevention Regulation
“The California Division of Occupational Safety and Health (Cal/OSHA) released a revised workplace violence prevention regulation draft. If Cal/OSHA adopted the regulation, it would become a part of the General Industry Safety Order (GISO) of the California Code of Regulations. Cal/OSHA seeks interested parties to submit written comments on the draft no later than July 18, 2022.” Full Article
– Hall Benefits Law LLC
WASHINGTON
Washington State Adopts Emergency Heat and Wildfire Rules
“This summer is shaping out to be another scorcher and Washington State employers should know about the Department of Labor & Industries (“LNI”) new emergency requirements for heat and smoke protections for outdoor employees effective June 15 through September 29.” Full Article
– Jackson Lewis PC
- Published in Blog