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
Monitoring Snow Loads to Protect Structure
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.
Major snow events can impact the integrity of a structure, making it imperative for commercial property owners to understand their building’s characteristics and structural system prior to the start of the snow season. Having familiarity with the building structure can help owners determine if any changes occurred during a major snow event and if repairs are necessary. This article discusses key building information owners should be aware of, what to look for during a pre-season inspection and warning signs of a building in duress.
Key Building Information
A commercial property owner’s knowledge of their building could be the difference between getting through a major snow event safely or experiencing structural failure. Property owners should know the following regarding the current condition of the structure:
- Applicable building codes
- Design snow load
- Structural framing system
- Thermal properties
- Renovation history
Pre-season Inspection
A proper commercial building inspection can reveal the actual condition of a property and give owners the opportunity to fix any problems before the snow season begins. To mitigate damage and identify any potential issues, commercial property owners should:
- Perform a detailed inspection. Check for cracks, split seams, buckling, loose parts, staining, mold and rot while inspecting:
- Surface membranes
- Roof vents
- Flashing
- Field tears
- Gutters
- Drainage pipes
- Clean debris. Ensure the roof is clear of debris, including fallen branches, leaves and garbage. Debris can prevent water from draining, allowing snow to buildup and cause water damage or add weight to the structure.
- Look for pooling water. Keep an eye out for areas where water pools, as this could be an indication of a clogged drain or slow-draining line.
- Check the flashing. Inspect the flashing—the thin material used to direct water away from certain areas on the roof—before winter for cracks or crevices that would allow water to enter.
- Inspect the downspouts. Ensure downspouts are properly attached to the gutters, clear of debris and that their termination bars are sealed.
While these can all be inspected regularly by the owner or an employee, utilizing a certified roof inspector who knows what to look for can help ensure the roof is in good condition before any major snow events occur.
Warning Signs of Duress
Roof decks or framing that is under duress from snow loads typically display warning signs. Commercial property owners should watch for the following signs in wood, metal and steel constructed buildings:
- Ceiling tiles or boards that are sagging or falling out of the ceiling grid
- Sprinkler lines and sprinkler heads that are sagging or deflecting below suspended ceilings
- Roof members, such as metal decking or plywood sheathing, that are sagging
- Doors or windows that no longer open or close
- Wood members that are cracked or split
- Walls or masonry that are cracked
- Truss bottom chords or web members that are bowing
- Popping, cracking and creaking noises
If any of these warning signs are observed, the building should be promptly evacuated, and a detailed structural inspection should be conducted by a qualified professional.
Conclusion
Major snow events can cause a lot of damage to a commercial structure, especially if it hasn’t been properly inspected and maintained. Therefore, commercial property owners should ensure that their building is prepared for winter weather by inspecting the structure and making any necessary repairs. For more information, contact us today.
- Published in Blog
The RISQ RECAP: August 15th – August 19th, 2022
August 15th – August 19th, 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
Cal/OSHA Issues Heat Warning to Protect Outdoor Workers
“Cal/OSHA sent out heat warning for employers this week reminding them they are required to protect outdoor workers from heat illness following excessive heat watches being issued throughout California. The temperature is forecast to exceed 105 degrees in northern and inland parts of the state this week including areas around Sacramento, Fresno and the eastern parts of the Bay Area.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Benefit Plan Deadlines Extended Again for States of Emergency “Absent a further continuation or early termination, the National Emergency will end on February 28 2023. Absent a further extension, the Public Health Emergency will expire in mid-October 2022. When these emergencies do finally end, plan sponsors should be prepared to send communications to participants about the end of the extensions and review their plan documents to account for any changes after the end of the period.” Full Article – Graydon
Transparency Laws and Inflation May Strain Relationship Between Providers and Insurers “Insurers and plan providers may find that the valuable data they have been expecting from hospitals is already obsolete. Inaccurate data may lead to providers being unable to set appropriate reimbursement rates or offer accurate hospital rate information for their members. This phenomenon could lead to a strain on the historically close relationship between hospitals and insurers.” Full Article – Hall Benefits Law
Federal Court Approves BCBSA $2.67 Billion Settlement, Acknowledges Importance of ERISA Fiduciary Duties “Employers who made a claim should be aware that they may have fiduciary duties under ERISA with respect to the use of any proceeds from the settlement fund. In its approval order the court stated that all ERISA fiduciaries must comply with those duties…. [T]he court acknowledged that while the settlement funds are not ‘plan assets’ at the time of their distribution, the [DOL] may take the position that some of those settlement funds are ‘plan assets’ after distribution.” Full Article – Miller Johnson
Navigating Mental Health Parity Requirements for Travel Benefits “Many employers are considering implementing travel reimbursement options to assist employees who wish to seek abortions that might be restricted by the law in their home states. In this post, the authors take a deeper dive into the MHPAEA requirements, its limited exceptions, how employers might be able to comply with those rules when making a travel benefit available, and provide a brief overview of how employers might prepare for an MHPAEA audit.” Full Article – Dickinson Wright
White House Addresses Access to Reproductive Health Care, Including Abortion, in Second Post-Dobbs Executive Order “The White House executive order announces a policy of supporting women’s ability to access reproductive health care by traveling to seek abortion care in states where it is legal.” Full Article – Thomson Reuters Practical Law
Employer Violated Title VII by Revoking Health Coverage for Employee’s Same-Sex Spouse “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 – Thomson Reuters Practical Law
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 Proposition to Raise Minimum Wage Delayed
“California voters almost had the opportunity to vote on an $18 minimum wage in November 2022. The State has a unique administrative process by which California citizens can propose laws and constitutional amendments without the support of the state government.” Full Article
– Jackson Lewis
PENNSYLVANIA
Pennsylvania Amends Overtime Rate Calculations for Salaried, Nonexempt Employees
“Pennsylvania employers with salaried, nonexempt employees working in the commonwealth may need to adjust how they calculate overtime premiums for these employees in light of amendments to the Pennsylvania Minimum Wage Act that will go into effect on August 5. The amendments codify that Pennsylvania employers cannot use the fluctuating workweek method of calculating overtime pay for salaried employees.” Full Article
– Morgan Lewis & Bockius
MASSACHUSETTS
Massachusetts Enacts CROWN Act Banning Discrimination Based on Natural or Protective Hairstyles
“On July 26, 2022, Massachusetts Gov. Charlie Baker signed into law the Creating a Respectful and Open World for Natural Hair Act (CROWN Act), prohibiting discrimination against employees, students and other individuals based on their natural or protective hairstyle. By enacting the CROWN Act, Massachusetts joins 17 other states that have enacted similar protections, and similar legislation is being considered at the federal level as well.” Full Article
– Holland and Knight
MICHIGAN
Michigan Employers May Soon Face Increased Minimum Wage, Expanded Sick Leave Requirements
“A Michigan court recently held that the current versions of the state’s minimum wage and paid sick leave statutes are unconstitutional due to legislative foul play, immediately voiding the existing laws. Mothering Justice v. Nessel, No. 21-000095-MM (July 19, 2022). Now, absent a stay pending appeal or further legislative action, the original form of the laws—which had a far broader scope—will take effect, leaving most employers’ current policies noncompliant.” Full Article
– Benesch Friedlander Coplan & Aronoff LLP
MISSISSIPPI
How Employers Can Keep Up as Mississippi’s Equal Pay Law Takes Effect
“House Bill 770, “Mississippi Equal Pay for Equal Work Act,” recently took effect. That means aggrieved employees can now bring gender-based pay claims in Mississippi state courts that can’t be removed to federal court.” Full Article
– Phelps Dunbar
- Published in Blog
The RISQ RECAP: August 8th – August 12th, 2022
August 8th – August 12th, 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
Independent Agents Place Majority of U.S. P&C Insurance: Big I
“The independent agency channel places 62% of all property-casualty insurance written in the U.S., according to the Big “I” 2022 Market Share Report. The annual Market Share Report compiles and analyzes property and casualty premium data from AM Best and provides insights for agencies and carriers on current market shares by distribution types. Based on 2021 data, this year’s report points to independent agencies’ dominance in commercial lines, finding that nearly 88% of all commercial lines written premium is placed by the independent agency channel.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Permanent COVID-19 Standard for Healthcare Workers Still Slated for the Fall “The recently released spring rulemaking agenda reflected a September 2022 target for a permanent COVID-19 rule for healthcare workers. Although the spring rulemaking agenda outlines a non-binding schedule, Assistant Secretary of Labor for Occupational Safety and Health Doug Parker has confirmed that the permanent COVID-19 standard should meet, or at worst nearly meet the September timeline.” Full Article – Cozen O’Connor
Equal Access to Travel Benefits “As more employers announce that they cover travel benefits under their medical plans that will allow participants to be reimbursed for certain travel expenses necessary in order to access otherwise covered medical benefits, proponents on the pro- choice and anti-abortion platforms seek ways to support or block those benefits.” Full Article – Seyfarth Shaw
Monkeypox in the Workplace: Key Considerations for Employers “As of July 26, 2022, there are 3,591 confirmed cases of monkeypox in the United States, according to US Centers for Disease Control and Prevention (CDC) data, and the World Health Organization (WHO) Director-General has declared the multi-country monkeypox outbreak a Public Health Emergency of International Concern (PHEIC). With much about the potential impact and scope of monkeypox still unknown, employers should consider taking proactive steps now, as may be appropriate for their workforce, to enhance and reinforce the safety protocols already in place from the COVID-19 pandemic.” Full Article – McDermott Will & Emery
3 Key Considerations Under GINA – the Federal Law You May Have Overlooked “The Genetic Information Nondiscrimination Act (GINA) may be the sleepiest of the federal EEO laws, the one that many employers have never heard of or have entirely forgotten. It prohibits employers from collecting genetic information from employees and using that as a basis for employment decisions. Most employers, in the practical realities of day-to-day interactions, have little or no interest in their employees’ genetic information and never run afoul of the law. The EEOC’s charge-filing statistics reflect this as well. Of the tens of thousands of charges filed annually with the EEOC, typically only 200 to 300 include reference to a claim under GINA.” Full Article – Levy Employment Law
COBRA Notice Errors Can be Costly “McDonald’s recently notified a Florida federal court that a class-wide settlement was reached and ready for approval in the COBRA suit brought against them. This settlement is the result of an action filed in December 2020 by a former employee who alleged that the corporation was sending former employees deficient COBRA notices. The former employee heading the class action alleged that McDonald’s opted not to use the model notice to save money by pushing former employees not to elect COBRA coverage.” Full Article – Graydon Head & Ritchey LLP
This ‘n’ That in Employment Law “Catholic school guidance counselor supervisor is a “minister,” court says. And therefore she can’t sue the Archdiocese of Indianapolis for refusing to renew her contract after she entered into a same-sex union. About a year ago, all of the judges of the same court (U.S. Court of Appeals for the Seventh Circuit) held that the ministerial exception also applied to a lawsuit where a gay music director alleged that his pastor teased him about his sexual orientation and medical condition, creating an unlawfully hostile work environment.” Full Article – Constangy Brooks
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 Proposition to Raise Minimum Wage Delayed
“California voters almost had the opportunity to vote on an $18 minimum wage in November 2022. The State has a unique administrative process by which California citizens can propose laws and constitutional amendments without the support of the state government.” Full Article
– Jackson Lewis
PENNSYLVANIA
Pennsylvania Amends Overtime Rate Calculations for Salaried, Nonexempt Employees
“Pennsylvania employers with salaried, nonexempt employees working in the commonwealth may need to adjust how they calculate overtime premiums for these employees in light of amendments to the Pennsylvania Minimum Wage Act that will go into effect on August 5. The amendments codify that Pennsylvania employers cannot use the fluctuating workweek method of calculating overtime pay for salaried employees.” Full Article
– Morgan Lewis & Bockius
MASSACHUSETTS
Massachusetts Enacts CROWN Act Banning Discrimination Based on Natural or Protective Hairstyles
“On July 26, 2022, Massachusetts Gov. Charlie Baker signed into law the Creating a Respectful and Open World for Natural Hair Act (CROWN Act), prohibiting discrimination against employees, students and other individuals based on their natural or protective hairstyle. By enacting the CROWN Act, Massachusetts joins 17 other states that have enacted similar protections, and similar legislation is being considered at the federal level as well.” Full Article
– Holland and Knight
MICHIGAN
Michigan Employers May Soon Face Increased Minimum Wage, Expanded Sick Leave Requirements
“A Michigan court recently held that the current versions of the state’s minimum wage and paid sick leave statutes are unconstitutional due to legislative foul play, immediately voiding the existing laws. Mothering Justice v. Nessel, No. 21-000095-MM (July 19, 2022). Now, absent a stay pending appeal or further legislative action, the original form of the laws—which had a far broader scope—will take effect, leaving most employers’ current policies noncompliant.” Full Article
– Benesch Friedlander Coplan & Aronoff LLP
MISSISSIPPI
How Employers Can Keep Up as Mississippi’s Equal Pay Law Takes Effect
“House Bill 770, “Mississippi Equal Pay for Equal Work Act,” recently took effect. That means aggrieved employees can now bring gender-based pay claims in Mississippi state courts that can’t be removed to federal court.” Full Article
– Phelps Dunbar
- Published in Blog