The RISQ RECAP – May 2nd – May 6th, 2022
May 2nd – May 6th, 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
Report Forecasts ‘Above-Normal’ U.S. Wildfire Season, Worse in Drought-Plagued West
“The U.S. has in store an “above-normal” wildfire season if a prediction out on Wednesday from fire weather experts holds true – “intense” may be a better word for the expectations in Western region. Early predictions for the 2022 fire season point to 68,000 to 72,000 fires across the nation burning 8.1 to 8.3 million acres. The national average from 2001 to 2020 was 68,707 fires burning 7 million acres, according to the National Interagency Fire Center.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Five Steps Employers Can Take to Create a More Diverse, Equitable and Inclusive Workplace “Having a diverse hiring strategy is an essential piece of the puzzle, but it’s not the only piece. Not only is it important to focus on bringing in diverse talent, but it’s two-fold. Employers must also equip current employees with the skills necessary for success in their roles, while fostering a culture of equity and inclusion.” Full Article – Haynsworth Sinkler Boyd
Form I-9 Requirements Flexibility Extended Until October 31, 2022 “The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have announced another extension to flexibility relating to in-person Form I-9 compliance. The policy, which was originally announced on March 19, 2020, was previously set to expire on April 30, 2022. Through this new extension, the policy will remain in effect until October 31, 2022.” Full Article – Mintz
EEOC To Permit Short Window of Additional Time for Late EEO-1 Report Submissions “A new FAQ explains that EEOC will permit employers to submit their EEO-1 Reports after the May 17, 2022 deadline—during what EEOC is calling the “failure to file” phase, stating “All filers who have not submitted and certified their mandatory 2021 EEO-1 Component 1 Report(s) by the Tuesday, May 17, 2022 published deadline will receive a notice of failure to file instructing them to submit and certify their data AS SOON AS POSSIBLE, and NO LATER THAN TUESDAY, JUNE 21, 2022. This additional time, through Tuesday, June 21st, 2022, will be available to ALL filers who have not submitted and certified their 2021 EEO-1 Component 1 Report(s) by the May 17, 2022 published deadline.” Full Article – Jackson Lewis
Silica is the New Asbestos: New OSHA Regional Emphasis Program Will Target Respirable Silica Hazards in Six States “OSHA has developed a new Regional Emphasis Program (REP) to identify and reduce hazards in the cut stone and stone products industry, which OSHA alleges to have the highest documented overexposures to respirable crystalline silica in the Denver region over the past 10 years. Crystalline silica is a common mineral found in sand, concrete, natural stone, artificial stone, mortar and other materials, and generates respirable dust – dust that can be inhaled – during cutting, grinding and polishing. Exposures to crystalline silica are common in both construction and general industry, and OSHA has been targeting silica enforcement in the Biden administration.” Full Article – Seyfarth Shaw
How the Pandemic Changed Parental Leave Policies “In an article published by the Society of Human Resource Management addressing how employers are responding to parental leave policies following pandemic-era routines, which have shown employees can be productive in remote and hybrid working environments while juggling home responsibilities, Phillip J. Strach, Raleigh-based partner at Nelson Mullins, said employers considering making policy changes should ensure updates comply with the Family and Medical Leave Act.” Full Article – Nelson Mullins
Weed policy options for multi-state employers — are there any? “As we all know, a growing number of states have legalized marijuana use to varying degrees. In some states, medical marijuana is permitted, but not recreational. In some states, anything goes. In some states, including New Jersey and New York, even testing for marijuana is illegal in most circumstances. And we still have states where use of marijuana is illegal. (As of today, marijuana is still an illegal drug under federal law. Legislation to legalize it at the federal level is pending, but its fate is not clear.) If an employer has operations in multiple states, chances are good that its obligations will be different in different locations.” Full Article – Seyfarth Shaw
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
Judge Rules That Race and LGBT Quotas for Corporate Board Members Violate the California Constitution
“A Los Angeles Superior Court judge recently ruled that a California law (Assembly Bill 979) requiring California corporations to implement race and LGBT quotas for their board of directors is unconstitutional.” Full Article
– Greenberg Traurig
Massachusetts
Massachusetts Paid Family and Medical Leave Updates – What You Need to Know
“The Massachusetts Department of Family and Medical Leave has issued a series of updates concerning Massachusetts Paid Family and Medical Leave (“MAPFML”). These updates reflect the latest changes made to MAPFML since the Department’s last quarterly briefing.” Full Article
– Mintz
New York
New York Employers Must Comply with Electronic Monitoring Notice and Acknowledgment Requirements by May 7, 2022
“The New York Attorney General’s Office will begin enforcing the new law on May 7, 2022. Potential penalties for violations range between
$500 for a first offense and up to $3000 for three or more offenses. Fines are per violation, i.e. per employee, so aggregate penalties under this format for even medium-sized employers may be significant for companies that ignore this obligation.” Full Article
– Nelson Mullins
Maine
Amended Maine Law Will Require Vacation Payout When Employment Ends
“Maine’s governor recently signed H.P. 160 – L.D. 225, amending the state’s final wages statute to require that “[a]ll unused paid vacation accrued pursuant to the employer’s vacation policy on and after January 1, 2023 must be paid to the employee on cessation of employment.” The amendment provides that private employers with 11 or more employees must pay all unused vacation to a separated employee at the cessation of employment.” Full Article
– Littler Mendelson
Mississippi
Mississippi Pay Equity Bill Crosses Finish Line
“Mississippi’s new law prohibits employers from paying “an employee a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job, the performance of which requires equal skill, education, effort and responsibility, and which is performed under similar working conditions.” Full Article
– Jackson Lewis
- Published in Blog
The RISQ RECAP – April 25th – April 29th, 2022
April 25th – April 29th, 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
PFAS, Microplastics, Baby Food: Emerging Casualty Risks Keep Coming
“There is no longer a need to ponder the “next asbestos” because the current litigation environment and the recent pace of additions to the list of emerging risks and trends in casualty insurance is enough to keep the industry on its toes.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Employee’s Widow Can Sue Walmart for Life Insurance Benefits – 6th Circ. “The 6th U.S. Circuit Court of Appeals said a lower court erred in dismissing Ruth Mae Chelf’s claims for breach of fiduciary duty based on the ‘ministerial function’ exception to ERISA. That defense was unavailable to Walmart because Walmart was a fiduciary as it indisputably exercised control over the Plan’s assets when it handled Mr. Chelf’s premiums, exercised control over the disposition of the Plan’s assets, and had discretionary authority over the administration of the Plan.” Full Article – Reuters
Qualified Parking Compensation Reductions Unused Due to COVID-19 Cannot Be Transferred to Health FSA “The Code prohibits cafeteria plans from offering qualified transportation fringe benefits, and IRS rules do not permit unused compensation reduction amounts under a qualified transportation plan to be transferred to a health FSA under a cafeteria plan. Because some risk of loss due to changing circumstances is unavoidable, employers should clearly articulate that risk to employees before they make compensation reduction elections.” Full Article – Thomson Reuters / EBIA
Deadline Approaching Under Health Plan Price Transparency Rules – Public Disclosure of Provider Reimbursement Rates Due by July 1, 2022 “To meet the Transparency in Coverage requirements that will be enforced starting on July 1, 2022, plans and issuers must create two files — one to disclose in-network provider rates for covered items and services and another to disclose out-of-network allowed amounts and billed charges for covered items and services.” Full Article – Foley & Lardner LLP
Ohio’s Surprise Billing Law – Impact on Health Plans “While the Ohio Surprise Billing Law intends to shield insureds from surprise medical costs, health plans and insurers may end up paying these costs in some instances. These additional costs are expected, at least in large part, to be ultimately borne by employers through increased reimbursement rates and higher premiums.” Full Article – Jackson Lewis P.C.
A Fix for the ACA’s ‘Family Glitch’ “If an employee in a family was offered affordable self-only coverage, the employee would still not be eligible for premium tax credits. The family would thus have to purchase two policies — one for the employee through the employer and one through the marketplace for the remaining family members. The family also may have to meet two deductibles, be subject to two out-of-pocket limits, and might find itself in two different provider networks. Families with more than one employee offered self-only coverage may need to purchase several policies, one for each employee and a marketplace plan for the remaining family members.” Full Article – The Commonwealth Fund
Washington State Retools First-In-the-Nation Long-Term Care Benefit “The WA Cares Fund, which was set to begin collecting money for the program with a mandatory payroll tax on workers in January, has been delayed while lawmakers made adjustments during the current legislative session. Payroll deductions will start in July 2023, and benefits will become available in July 2026. Other states are watching Washington closely as they weigh offering coverage for their own residents.” Full Article – Kaiser Health News
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.
Washington
Washington Revises Its Pay Transparency Law to Require Proactive Salary Disclosure
“Governor Jay Inslee signed Senate Bill (SB) 5761, updating Washington’s existing pay transparency law. Previously, after an employer made an initial job offer to an external applicant, the employer was required to provide the minimum wage or salary to the applicant if the applicant requested the information. Under the revised law, an applicant’s request is no longer required.” Full Article
– Jackson Lewis
Massachusetts
Don’t Be Late on Wage Payments To Terminated Employees In Massachusetts
“The Massachusetts Supreme Judicial Court (SJC) issued a surprising decision on April 4, holding that an employer is strictly liable for treble damages if it fails to make timely wage payments, regardless of whether the employer remedies the violation prior to the employee asserting a wage claim.” Full Article
– Day Pitney
New York
New York City Issues Guidance on Required Salary Disclosures In Job Postings
“A new “NYC Salary Disclosure Law” will soon require employers to include a good faith salary range for every job, promotion, or transfer opportunity advertised. While the NYC Salary Disclosure Law is scheduled to take effect on May 15, 2022, it may now be pushed out to November 1, 2022 due to a recently introduced bill that would amend the new law, including the effective date.” Full Article
– Goodwin Procter
Ohio
New Ohio Law Revamps the Landscape of Overtime Exemptions and Collective Action Procedures
“On Governor Mike DeWine signed Senate Bill 47 (“SB 47”) into law, signaling significant changes to overtime exemptions in the state and restructuring the procedure by which an employee may join a collective action for alleged state overtime violations.” Full Article
– Benesch Friedlander Coplan & Aronoff LLP
D.C.
D.C.’s Noncompete Ban Is Delayed Until October 1, 2022
“The District of Columbia passed arguably one of the most sweeping non- compete bans in the country. In order to consider some amendments to address serious concerns from the business community, however, the effective date of this law was previously delayed until April 1, 2022 and, as the amendments are still pending, now has been further delayed until October 1, 2022.” Full Article
– Shawe Rosenthal
- Published in Blog
The RISQ RECAP – April 18th – April 22nd, 2022
April 18th – April 22nd, 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
‘Zero-Day’ Hacks Hit Record in 2021, Google Researchers Say
“Hackers exploited a total of 58 zero-day flaws impacting major software providers in 2021, according to a report published April 19 by Google’s Project Zero, a team of elite bug hunters. That compares to 25 flaws in 2020 and 21 in 2019.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Judge Ketanji Brown Jackson Is Confirmed As Next SCOTUS Justice “On April 7, 2022, the Senate confirmed the nomination of Judge Ketanji Brown Jackson to fill the next term’s vacancy on the bench with Justice Stephen Breyer’s upcoming retirement. In an often- contentious confirmation process that included questions lobbed from Republican senators on Judge Jackson’s position on child pornography, critical race theory, court-packing, transgender rights, and her role as a public defender for Guantanamo Bay detainees, Jackson was confirmed 53-47 with bipartisan support.” Full Article – Littler Mendelson
Paying Employees In Cryptocurrency: Is That lawful? “In recent years, more consumers, merchants, and financial institutions have accepted cryptocurrency as a form of payment for everyday products and services. Last November, mayors of two major U.S. cities signaled what may be the next phase of cryptocurrency’s melding into the mundane, when they announced they would accept paychecks in cryptocurrency. On Twitter, Mayor Francis Suarez of Miami said he would accept his next paycheck in Bitcoin, to which Mayor Eric Adams of New York responded that he would accept his first three paychecks in Bitcoin.” Full Article – Morrison Foerster
NLRB GC Seeks Dramatic Change To Employer’s Right To Speak To Employees About Unionization At Work “For decades, employers had been free to gather employees to discuss – in a non-coercive manner – the employer’s views on unionization, and had been free to share with employees what employees’ rights were with respect to the same. Earlier today, the NLRB General Counsel issued a memorandum declaring her intent to attempt to overturn this nearly 75 years of National Labor Relations Board precedent regarding an employer’s ability to speak to employees. In GC Memorandum 22-04, issued on April 7, 2022, argues that mandatory “captive audience” meetings and even simple one-on-one conversations during work are unlawfully coercive.” Full Article – Proskauer Rose LLP
Although Regular Attendance May Be an Essential Function, Leave May Still Be Required “The U.S. Court of Appeals for the Sixth Circuit rejected an employer’s argument that the employee was unable to perform any of her essential job functions, including attendance, as of the date of her termination, and was therefore not entitled to the protections of the Americans with Disabilities Act. As the Sixth Circuit noted, “To accept [the employer]’s supposed rule, an employee requesting medical leave could always be terminated if she were unable to work at the time of her request. But that cannot be the case because … medical leave can constitute a reasonable accommodation under the ADA.” Full Article – Shawe Rosenthal
Federal Court Dismisses Disability Discrimination Suit Based On Employee’s CBD Use “A federal court in Indiana dismissed an employee’s lawsuit after he tested positive for marijuana due to alleged CBD use and claimed that his termination was discriminatory on the basis of a disability. Rocchio v. E&B Paving, LLC, and Int’l Union of Operating Engineers Local 103, Case No. 1:20-cv-00417 (S.D. Indiana March 31, 2022).” Full Article – Jackson Lewis
Sick Of State And Local Paid Sick Leave “For employers with employees in multiple states or cities, designing a uniform paid sick leave policy that treats all employees equally is often the hardest part of updating an employee handbook. State and local paid sick leave laws often have different eligibility, accrual, usage, notice, and carryover requirements. Currently, about twenty-two states have a paid sick leave requirement. In addition, various cities and towns within these same states may have their own paid sick leave requirements.” Full Article – Masuda Funai Eifert & Mitchell Ltd
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.
Washington
Washington Revises Its Pay Transparency Law to Require Proactive Salary Disclosure
“Governor Jay Inslee signed Senate Bill (SB) 5761, updating Washington’s existing pay transparency law. Previously, after an employer made an initial job offer to an external applicant, the employer was required to provide the minimum wage or salary to the applicant if the applicant requested the information. Under the revised law, an applicant’s request is no longer required.” Full Article
– Jackson Lewis
Massachusetts
Don’t Be Late on Wage Payments To Terminated Employees In Massachusetts
“The Massachusetts Supreme Judicial Court (SJC) issued a surprising decision on April 4, holding that an employer is strictly liable for treble damages if it fails to make timely wage payments, regardless of whether the employer remedies the violation prior to the employee asserting a wage claim.” Full Article
– Day Pitney
New York
New York City Issues Guidance on Required Salary Disclosures In Job Postings
“A new “NYC Salary Disclosure Law” will soon require employers to include a good faith salary range for every job, promotion, or transfer opportunity advertised. While the NYC Salary Disclosure Law is scheduled to take effect on May 15, 2022, it may now be pushed out to November 1, 2022 due to a recently introduced bill that would amend the new law, including the effective date.” Full Article
– Goodwin Procter
Ohio
New Ohio Law Revamps the Landscape of Overtime Exemptions and Collective Action Procedures
“On Governor Mike DeWine signed Senate Bill 47 (“SB 47”) into law, signaling significant changes to overtime exemptions in the state and restructuring the procedure by which an employee may join a collective action for alleged state overtime violations.” Full Article
– Benesch Friedlander Coplan & Aronoff LLP
D.C.
D.C.’s Noncompete Ban Is Delayed Until October 1, 2022
“The District of Columbia passed arguably one of the most sweeping non- compete bans in the country. In order to consider some amendments to address serious concerns from the business community, however, the effective date of this law was previously delayed until April 1, 2022 and, as the amendments are still pending, now has been further delayed until October 1, 2022.” Full Article
– Shawe Rosenthal
- Published in Blog
The RISQ RECAP – April 11th – April 15th, 2022
April 11th – April 15th, 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
Cyber Premiums Rapidly Grew 74% in 2021: Fitch
“According to estimates by Fitch Ratings, direct written premiums (DWP) for standalone and packaged cyber insurance increased 74% to nearly $5 billion in 2021 compared with overall growth for the property casualty industry of 9%, making cyber insurance the fastest growing product segment in the U.S. P/C market.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Do Employers Now Have to Offer Affordable Family Coverage “Although not directly affecting employer-sponsored plans, employers may experience indirect effects of the changes if the proposed rule is finalized. For example, in order for the IRS to make Premium Tax Credit determinations involving family coverage, they may require further information reporting from employers. The IRS Forms 1094 and 1095 might be modified to require separate affordability reporting regarding both employee-only coverage and other coverage offers.” Full Article – Jackson Lewis P.C.
Ninth Circuit Reverses Decision Requiring Reprocessing of 67,000 Behavioral Health Claims; Hands United Healthcare a Win “The Ninth Circuit decision means that UBH no longer has to reprocess the tens of thousands of claims. UBH was still adjusting its criteria and guidelines at the time of the Ninth Circuit’s decision. It is not clear whether UBS will now ‘walk back’ its revised criteria. This decision signifies great latitude for plan administrators and seems to mark a deviation from an otherwise broad national movement toward enforcement of mental health parity laws.” Full Article – ArentFox Schiff LLP
Employer’s Failure to Provide Timely COBRA Election Notice Results in Retroactive Coverage and Penalties “Buford argued that his former employer prevented him from exercising his COBRA rights by providing him with a COBRA election notice with an incorrect termination date of February 28, 2014, and then disregarding that date for COBRA coverage. The court sided with Buford, finding that General Motors’ failure to correct his COBRA eligibility date was arbitrary and capricious.” Full Article – Hall Benefits Law
It’s So Easy to … Put Your Employees’ HSAs at Risk “In addition to telehealth, there are other incentives or special benefits that employers may be tempted to offer, especially to encourage retention during this era of labor shortage. Be careful, though, that your generosity doesn’t compromise your employees’ HSAs by relieving them of their obligation to bear the full weight of their HDHP coverage.” Full Article – Holland & Hart LLP
HHS OCR Issues Annual HIPAA Reports to Congress “OCR’s breach report contains useful information regarding the most commonly reported categories of breaches and OCR’s recommendations on best practices to avoid such breaches. OCR reported that 68% of the ‘500+’ breaches in 2020 involved ‘hacking/IT incidents of electronic equipment or a network server’ while 23% involved ‘unauthorized access or disclosure of records containing PHI.’ OCR’s enforcement report also provides statistics and information that can be useful to covered entities in focusing their compliance efforts.” Full Article – Health Law Advisor, Epstein Becker Green
CMS Announces 2023 Medicare Part D Benefit Parameters Used for Creditable Coverage Disclosures “These parameters will be used by group health plan sponsors to determine whether their plans’ prescription drug coverage is creditable for 2023. The information is needed for required disclosures to Part D eligible individuals and to CMS.” Full Article – Thomson Reuters / EBIA
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.
Washington
New Washington Law Bans Nondisclosure and Nondisparagement Provisions and Applies Retroactively
“Governor Bill Lee has signed into law a bill that expands protections for employees who are subject to employer COVID-19 vaccine mandates. The new law supplements existing state law that prohibits private employers and other entities from compelling or taking “adverse action” against a person to compel the person to provide proof of vaccination.” Full Article
– Nelson Mullins
California
Updated California Supplemental Paid Sick Leave FAQs Answer Some Big Questions
“California’s Labor Commissioner has updated its FAQs concerning 2022 COVID-19 supplemental paid sick leave (CPSL), answering some of employers’ more pressing questions about how this year’s more unique law operates. The answers are welcome news to many.” Full Article
– Littler Mendelson
Oregon
Oregon Amends the Workplace Fairness Act to Further Restrict Agreements Resolving Discrimination Claims
“On March 24, 2022, Oregon Governor Kate Brown signed into law Senate Bill 1586, which amends Oregon’s Workplace Fairness Act to further restrict what an employer may request in a settlement or separation agreement with an employee claiming discrimination under ORS 659A.030, 659A.082, or 659A.112. The amendments will be effective January 1, 2023.” Full Article
– Davis Wright Tremaine
Utah
Utah Amends Vaccination and Testing Requirements to Include Exemption for Previous COVID-19 Infection
“On March 22, 2022, Utah Governor Spencer J. Cox signed HB 63 into law, amending legislation passed in the Utah Legislature’s second special session of 2021 related to vaccine mandates in the workplace. The law will become effective on May 3, 2022 (60 days from adjournment of the 2022 legislative session).” Full Article
– Littler Mendelson
Indiana
Indiana Enacts New Law on Employer COVID-19 Vaccination Mandates
“Indiana Governor Eric Holcomb has signed into law House Bill 1001, curbing COVID-19 vaccine mandates by employers. Under the law, which went into effect immediately, most Indiana employers who require employees to receive the COVID-19 vaccine must allow employees to opt out from the requirement based on any of the following: (1) medical reasons; (2) religious reasons; or (3) employee immunity from COVID-19 based on a prior infection with COVID-19.” Full Article
– Jackson Lewis
- Published in Blog
The RISQ RECAP – April 4th – April 8th, 2022
April 4th – April 8th, 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
Optimism, Resiliency Open New Doors for Sector Sector Buoyed by Record Start-Ups, Pandemic Resiliency
“The global pandemic, economic recession and worldwide supply chain shortages have not hindered the optimism and drive of the U.S. small business sector. In fact, the Great Resignation might lead to a small business revolution. In its 2021 New Business Insights report, Intuit predicts 17 million new small businesses will be formed in 2022, a third consecutive record year for entrepreneurship.” Full Article
– Small Business Revolution
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Is an Emoji Worth a Thousand Words? The Impact of Emojis in the Workplace “Work does not always occur within the physical confines of a workplace. Indeed, due to the interconnectivity of today’s world, work often takes place in the digital space, where employees regularly use pictorial icons and images known as emojis and emoticons to express themselves. Although emojis and emoticons are not hieroglyphics, they can be difficult to interpret, and courts have increasingly had to grapple with them as evidence in discrimination and harassment claims.” Full Article – Littler Mendelson
Restaurant’s Mandatory Service Charge is Not a “Tip” Under FLSA “Tipped employees at Miami’s Nusr-et Steakhouse sued their employer, alleging that the restaurant violated the Fair Labor Standards Act by counting payments to employees from the restaurant’s mandatory 18% “service charge” as part of the employees’ “regular rate of pay,” rather than as tips. The district court rejected the employees’ claim and granted the restaurant’s motion for summary judgment, holding that the service charge was not a tip. In Compere v. Nusret Miami, LLC, 2022 U.S. App. LEXIS 7293 (11th Cir. Mar. 18, 2022), the Eleventh Circuit affirmed.” Full Article – Eversheds Sullivan
Recall Message! Do Yourself (and Your Employer) a Favor and Sharpen Your Email Game “Email isn’t a new technology. By now, we all know that our work emails aren’t private, and most of us exercise some discretion in deciding what to “put in writing” in our business communications. We’ve heard horror stories of incriminating emails turning up in business lawsuits. Yet, despite our awareness of these risks, the problem persists. Time and again, bet-the-company lawsuits turn on the content of internal work emails. And it’s not just so-called “smoking gun” emails where an employee admits wrongdoing. More often, the key emails are seemingly innocuous co-worker communications that, due to their poor wording, are taken out of context and made to look malicious, heavy-handed, or insensitive.” Full Article – Robbins Kaplan
BREAKING NEWS: OFCCP Releases New Directive Setting Expectations of Contractors During Compliance Reviews “Directive 2022-02: Effective Compliance Evaluations and Enforcement issued March 31, 2022 is intended to “strengthen OFCCP compliance evaluations and reduce delay by promoting the timely exchange of information”. It also sets a number of expectations for contractor conduct and compliance during reviews, rescinding a number of previous Directives that set out transparency and expectations and timelines for submission of information – commonly known as previous OFCCP Director Craig Leen’s Four Pillars.” Full Article – Jackson Lewis
Department of Labor Issues Strong Caution on Use of Cryptocurrencies in 401(k) Plans “The U.S. Department of Labor (the DOL) has issued a compliance release that provides strong caution against ERISA fiduciaries of 401(k) and 403(b) plans including cryptocurrencies as plan investment options. In an unusual move, the DOL has cautioned fiduciaries to “exercise extreme care before they consider adding a cryptocurrency option to a 401(k) plan’s investment menu for plan participants.” Full Article – Cozen O’Connor
Five Employment Law Remarks in President Biden’s State of the Union Address “In his March 1, 2022 State of the Union Address, President Biden briefly touched upon a handful of employment reforms he is urging Congress to pass. This article is intended to help employers understand five of President Biden’s remarks, summarize what those remarks referenced, and describe the status of potential legislation relating to them.” Full Article – Venable
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.
Washington
New Washington Law Bans Nondisclosure and Nondisparagement Provisions and Applies Retroactively
“Governor Bill Lee has signed into law a bill that expands protections for employees who are subject to employer COVID-19 vaccine mandates. The new law supplements existing state law that prohibits private employers and other entities from compelling or taking “adverse action” against a person to compel the person to provide proof of vaccination.” Full Article
– Nelson Mullins
California
Updated California Supplemental Paid Sick Leave FAQs Answer Some Big Questions
“California’s Labor Commissioner has updated its FAQs concerning 2022 COVID-19 supplemental paid sick leave (CPSL), answering some of employers’ more pressing questions about how this year’s more unique law operates. The answers are welcome news to many.” Full Article
– Littler Mendelson
Oregon
Oregon Amends the Workplace Fairness Act to Further Restrict Agreements Resolving Discrimination Claims
“On March 24, 2022, Oregon Governor Kate Brown signed into law Senate Bill 1586, which amends Oregon’s Workplace Fairness Act to further restrict what an employer may request in a settlement or separation agreement with an employee claiming discrimination under ORS 659A.030, 659A.082, or 659A.112. The amendments will be effective January 1, 2023.” Full Article
– Davis Wright Tremaine
Utah
Utah Amends Vaccination and Testing Requirements to Include Exemption for Previous COVID-19 Infection
“On March 22, 2022, Utah Governor Spencer J. Cox signed HB 63 into law, amending legislation passed in the Utah Legislature’s second special session of 2021 related to vaccine mandates in the workplace. The law will become effective on May 3, 2022 (60 days from adjournment of the 2022 legislative session).” Full Article
– Littler Mendelson
Indiana
Indiana Enacts New Law on Employer COVID-19 Vaccination Mandates
“Indiana Governor Eric Holcomb has signed into law House Bill 1001, curbing COVID-19 vaccine mandates by employers. Under the law, which went into effect immediately, most Indiana employers who require employees to receive the COVID-19 vaccine must allow employees to opt out from the requirement based on any of the following: (1) medical reasons; (2) religious reasons; or (3) employee immunity from COVID-19 based on a prior infection with COVID-19.” Full Article
– Jackson Lewis
- Published in Blog
The RISQ RECAP – March 28th – April 1st, 2022
March 28th – April 1st, 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
Cloud Apps And Cloud Storage: The Cyber Risks Associated With Both
“Cybercriminals have become more successful at delivering malware through cloud apps. Netskope, a threat and data protection provider, has blocked an increasing number of malware downloads from cloud apps, which now make up an increasing share of total malware downloads. The percentage of malware downloads from cloud apps increased from 46 percent to 73 percent and then plateaued at 66 percent. Google Drive replaced Microsoft OneDrive to become the top app for malware downloads in 2021. The number of credential attacks against managed cloud apps remained level in 2021 compared to 2020. These attacks comprise more than half of all managed cloud app instances. However, the number of sources of these attacks increased markedly in 2021, with each source carrying out fewer login attempts.” Full Article
– Travelers
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
ACA Round-Up: Recent Developments “Federal officials continued to issue guidance on the Affordable Care Act in early 2022. This article summarizes the status of the so-called SUNSET rule, new materials for the 2023 plan year, Section 1332 waiver applications for Minnesota and Virginia, new risk adjustment data validation results, and guidance from the Internal Revenue Service and Centers for Medicare and Medicaid Services on the ACA and the eventual unwinding the public health emergency.” Full Article – Health Affairs
On Remand from Supreme Court, Eighth Circuit Rules That ERISA Does Not Preempt State PBM Regulation “Following the reasoning of the Supreme Court in Rutledge, the Eighth Circuit found that none of the challenged provisions in the North Dakota law had an impermissible connection with the ERISA plans. The court stated that the provisions at issue did not: [1] Regulate a central issue of plan administration, [2] Interfere with uniform plan administration, or [3] Force a plan to adopt a specific structure in terms of coverage or choice of insurers.” Full Article – Hall Benefits Law
No Surprises Act: Guidance for Health Plans and Insurers “Recently enacted legislation has restricted surprise medical billing for health plan participants who receive services at out-of- network health provider facilities in emergency contexts. The legislation also restricts surprise medical billing for services provided by health providers at in-network facilities and includes protections involving air ambulance services. Effective beginning in 2022, the legislation imposes significant compliance requirements for group health plans and insurers.” Full Article – Thomson Reuters
Benefits Issues That Arise Upon Misclassification of Employees “The effects of worker misclassification on employee benefit plans may include, but are not limited to: [1] failure to provide employee benefit coverage and appropriate remedial action; [2] failure to make employer and employee contributions to retirement and other employee benefit plans; [3] failure to provide the individual with required benefit plan disclosure and administrative notices; and [4] excise taxes under the ACA for failure to provide required health plan coverage.” Full Article – Foley & Lardner LLP
New Illinois State Law Imposes Disclosure Requirements on Group Health Plans “The CCDA requires employers that sponsor group health plans with employees in Illinois to disclose a comparison of the plan’s coverage to certain ‘Essential Health Benefits’ required by Illinois state law. The CCDA broadly applies, regardless of the employer’s size or its location, to fully insured and self-funded group health plans. Additionally, the Illinois DOL has taken the position that the CCDA also applies to ERISA-covered self-funded group health plans.” Full Article – Miller Johnson
Congress Reopens Door for HSA with No-Deductible Telehealth, But with a Hole “The Consolidated Appropriations Act of 2022 restores the exception for telehealth and other remote services, but only for the period from April 1 through December 31, 2022. This means that if a plan’s year started at any time from January 1, 2022 through March 31, 2022, and the plan did not impose the minimum deductible for telehealth or other remote services from the start of the plan year through March 31, 2022, the plan would not be a high-deductible health plan for that period. Consequently, participants covered by the plan would be ineligible to make or receive HSA contributions for that period.” Full Article – Proskauer
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.
Wisconsin
Wisconsin Supreme Court broadens employers’ substantial relationship defense to conviction record discrimination claims
“The Wisconsin Supreme Court recently issued a significant (4-3) decision in Cree, Inc. v. LIRC (Cree), rejecting the view that domestic violence crimes cannot substantially relate to employment.” Full Article
– Godfrey Kahn
California
California May Relax Background Check Process
“Many employers undertake routine background checks as part of their hiring process. To be effective, of course, the process has to be completed in a timely manner. Yet, a recent court decision, All of Us or None v. Hamrick, 64 Cal. App. 5th 751 (2021), made that process appreciably more difficult by prohibiting searches of criminal court records with the use of a person’s birth date or driver’s license number.” Full Article
– Proskauer Rose LLP
Oregon
Oregon Extends Exemption for Certain Payments from Equal Pay Act
“Last year, the Oregon legislature temporarily amended Oregon’s Equal Pay Act to exempt vaccine incentives, hiring and retention bonuses from pay equity considerations. SB 1514 permits employers to continue offering vaccine incentives and hiring and retention bonuses through the end of Oregon’s COVID-19 state of emergency, plus 180 days, without running afoul of the Act.” Full Article
– Jackson Lewis
Florida
Florida ‘Stop WOKE’ Bill Could Impact Employers’ Diversity, Equity, and Inclusion Efforts
“The Stop WOKE Act prohibits employers from requiring employees to participate in certain types of diversity, equity, and inclusion (DEI) training. The bill was recently passed by the Florida House and Senate; Governor Ron DeSantis is expected to sign it into law shortly.” Full Article
– Morgan, Lewis & Bockius
Tennessee
Tennessee Expands Employee Protections Relating to COVID-19 Vaccine Mandates
“Governor Bill Lee has signed into law a bill that expands protections for employees who are subject to employer COVID-19 vaccine mandates. The new law supplements existing state law that prohibits private employers and other entities from compelling or taking “adverse action” against a person to compel the person to provide proof of vaccination.” Full Article
– Proskauer Rose LLP
- Published in Blog
The RISQ RECAP – March 21st – March 25th, 2022
March 21st – March 25th, 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
Spring Storm Safety Tips for Businesses
“Spring can bring about some of the year’s most dangerous weather and wreak havoc on many aspects of a company’s operations. This article discusses the weather threats to watch out for during spring and measures businesses can take to minimize damage.” Full Article
– Zywave
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
President Biden Signs Executive Order Promoting Pay Equity and Transparency “In addition to digesting OFCCP’s release of a new directive on compensation, government contractors may soon see new regulations around inquiries into and the use of prior salary information. In conjunction with Equal Pay Day, President Biden signed a new Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency.” Full Article – Jackson Lewis
EEOC Issues Reminder That Caregiver Duties Continue Even As COVID Surge Wanes “On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law,” reminding employers that caregiver obligations continue notwithstanding our gradual return to normal.” Full Article – Squire Patton Boggs
How to Create a Level Playing Field in the Workplace Through DEI Efforts “We know that a more diverse workforce is more competitive, more lucrative, and better for employees and businesses as a whole. And there are many ways that HR professionals and company leadership can manage workforce diversity to achieve success, both in their organization and employees’ individual careers. The concept of equal opportunity employment has long been established in the HR space. But in recent years, companies have been moving toward not only avoiding discrimination, but actively promoting inclusion.” Full Article – Phelps Dunbar LLP
Enforcement Against COVID-19 Related Fraud: Two-year Anniversary Update “On the eve of the pandemic’s two-year anniversary, the U.S. Department of Justice (DOJ) released updated statistics on its efforts to combat COVID-19 related fraud and announced the appointment of a director of COVID-19 Fraud Enforcement. To date, DOJ has charged over 1,000 individuals with criminal offenses involving losses exceeding $1.1 billion; seized over $1 billion in Economic Injury Disaster Loan (EIDL) proceeds; and conducted over 240 civil investigations into more than 1,800 individuals and entities for alleged misconduct in connection with pandemic relief loans totaling more than $6 billion.” Full Article – Morrison & Foerster LLP
EEOC’s Advice to Employers on Accommodating Religion and COVID-19 Vaccines in the Workplace “As employees return to the office, many employers have questions about how to address requests for religious accommodations for COVID – Day Pitney
-19 vaccination requirements. As a result, on March 1, the Equal Employment Opportunity Commission (EEOC) issued guidance on responding to such accommodation requests. As a general matter, employees and job applicants can request an accommodation for an employer’s COVID-19 vaccination requirement if it conflicts with their sincerely held religious beliefs, practices or observances.” Full Article
IRS Issues Guidance on the Tax Court’s Review of Employment Status Determinations “The IRS issued Notice 2022-13, effective February 7, 2022, regarding the Tax Court’s review of an IRS determination as to whether a worker is properly classified as an employee or an independent contractor. The new guidance modified and superseded Notice 2002-5 and Rev. Rul. 2009-39 so that formal IRS notice under section 7346 is no longer a requirement for a taxpayer to petition the Tax Court for review of an IRS’s worker reclassification determination.” Full Article – Steptoe and Johnson
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.
Wisconsin
Wisconsin Supreme Court broadens employers’ substantial relationship defense to conviction record discrimination claims
“The Wisconsin Supreme Court recently issued a significant (4-3) decision in Cree, Inc. v. LIRC (Cree), rejecting the view that domestic violence crimes cannot substantially relate to employment.” Full Article
– Godfrey Kahn
California
California May Relax Background Check Process
“Many employers undertake routine background checks as part of their hiring process. To be effective, of course, the process has to be completed in a timely manner. Yet, a recent court decision, All of Us or None v. Hamrick, 64 Cal. App. 5th 751 (2021), made that process appreciably more difficult by prohibiting searches of criminal court records with the use of a person’s birth date or driver’s license number.” Full Article
– Proskauer Rose LLP
Oregon
Oregon Extends Exemption for Certain Payments from Equal Pay Act
“Last year, the Oregon legislature temporarily amended Oregon’s Equal Pay Act to exempt vaccine incentives, hiring and retention bonuses from pay equity considerations. SB 1514 permits employers to continue offering vaccine incentives and hiring and retention bonuses through the end of Oregon’s COVID-19 state of emergency, plus 180 days, without running afoul of the Act.” Full Article
– Jackson Lewis
Florida
Florida ‘Stop WOKE’ Bill Could Impact Employers’ Diversity, Equity, and Inclusion Efforts
“The Stop WOKE Act prohibits employers from requiring employees to participate in certain types of diversity, equity, and inclusion (DEI) training. The bill was recently passed by the Florida House and Senate; Governor Ron DeSantis is expected to sign it into law shortly.” Full Article
– Morgan, Lewis & Bockius
Tennessee
Tennessee Expands Employee Protections Relating to COVID-19 Vaccine Mandates
“Governor Bill Lee has signed into law a bill that expands protections for employees who are subject to employer COVID-19 vaccine mandates. The new law supplements existing state law that prohibits private employers and other entities from compelling or taking “adverse action” against a person to compel the person to provide proof of vaccination.” Full Article
– Proskauer Rose LLP
- Published in Blog
The RISQ RECAP – March 14th – March 18th, 2022
March 14th – March 18th, 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
Nationwide Expands Use of Leak Sensors for Homeowners
“Nationwide Insurance has become the latest large insurer to expand its use of leak-detection and other sensors for homeowners, offering a small discount on premiums. The company announced this week that it has teamed up with Notion, a firm affiliated with Comcast, the national TV cable and communications company. Customers who opt in to the Nationwide smart home program will receive a discount on the monitoring systems and a $50 reduction in annual premiums.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Variation in Patients’ Use Of, Experiences With, and Access to Telehealth During the First Year of the COVID-19 Pandemic “During the first year of the pandemic, 37.4 percent of nonelderly adults and 46.2 percent of elderly adults had at least one telehealth. Publicly insured nonelderly adults were more likely to have had a phone visit, as opposed to a video visit, than those with private insurance, which may reflect differences in patient access to video technology or the telehealth modalities insurers cover.” Full Article – Urban Institute
Health Plan Transparency and the Case for Welfare Plan Fiduciary Committees “The Consolidated Appropriations Act, 2021 adopted a series of transparency requirements that apply to employer-sponsored group health plans. A subset of these transparency requirements, while not likely well suited to class action claims, will nonetheless prove vexing. Provisions relating to mental health parity seem perfectly designed to attract class actions claims. The motherlode for the plaintiffs’ bar however is in the broker/consultant compensation disclosure rules.” Full Article – Mintz
Texas District Court Vacates Arbitration Provisions of HHS Regs Under No Surprises Act “The court held that the arbitration procedures of the rule conflicted with the express terms of the No Surprises Act in violation of the Administrative Procedures Act (APA). This decision, while a ‘win’ for providers, leaves the details of the arbitration process under the Act uncertain for now, as the agencies presumably go back to the proverbial drawing board.” Full Article – ArentFox Schiff LLP
Implications of Hospital Price Transparency on Hospital Prices and Price Variation “This brief offers perspectives on factors contributing to hospital pricing and price variation, discusses potential stakeholder uses and impacts of emerging transparency data, and offers an actuarial perspective on emerging transparency requirements.” Full Article – American Academy of Actuaries
Feds Clarify At-Home COVID-19 Test Coverage Rules “The original guidance left several questions unanswered concerning delivery of at-home tests and what effect shortages of tests might have on plan sponsors. The February 4 FAQs outline how plans can comply with the original mandate but grant latitude to deal with testing kit scarcity and other issues.” Full Article – Fisher Phillips
President Continues COVID Extensions “President Biden has extended the COVID-19 National Emergency, which was declared on March 13, 2020, and was scheduled to end March 1, 2022. This latest extension of the National Emergency is expected to last for at least one year. Extending the National Emergency also extends temporary delays of certain deadlines applicable to group health plans.” Full Article – The Wagner 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 York
New York Employers: Continue Implementing Your Airborne Infectious Disease Exposure Prevention Plans and Review Your Masking Policies
“New York employers must continue to implement airborne infectious disease exposure prevention plans, pursuant to the New York Health and Essential Rights (NY HERO) Act, through at least March 17, 2022. The law, however, no longer requires many New York employers to mandate their employees wear masks in the workplace.” Full Article
– Greenberg Traurig
California
California Supreme Court Clarifies Burden of Proof in Whistleblower Retaliation Claims
“The California Supreme Court has clarified that state whistleblower retaliation claims should not be evaluated under the McDonnell Douglas test, but rather under the test adopted by the California legislature in 2003, thus clarifying decades of confusion among the courts.” Full Article
– Hunton Andrews Kurth
Illinois
Illinois Supreme Court Eliminates Defense to Biometric Privacy Class Actions
“Illinois’ Biometric Information Privacy Act (BIPA) has spawned a tsunami of class actions against employers who utilize biometric timekeeping or security systems. Now, the Illinois Supreme Court in McDonald v. Symphony Bronzeville Park, LLC has eliminated a defense invoked by employers facing claims under BIPA: the exclusivity of workers’ compensation.” Full Article
– McDermott Will & Emery
D.C.
D.C.’s Non-Compete Law Poised To Be Delayed Until October 1, 2022
“The District of Columbia’s ban on non-compete agreements is delayed again. As we previously reported, the DC Government enacted The Ban on Non-Compete Agreements Amendment Act in January 2021, which creates one of the most comprehensive non-compete bans in the country.” Full Article
– Proskauer Rose
Virginia
Virginia Begins Process to Revoke Permanent COVID-19 Workplace Safety Standard
“The Virginia Department of Labor and Industry’s (DOLI’s) Safety and Health Codes Board convened and voted to recommend revoking the Commonwealth’s COVID-19 permanent workplace safety standard. This action comes after newly-elected Governor Glenn Youngkin issued Executive Order 6 directing the Board to convene an emergency meeting to consider whether there is a continued need for the permanent workplace safety standard.” Full Article
– Reed Smith
- Published in Blog
The RISQ RECAP – March 7th – March 11th, 2022
March 7th – March 11th, 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
China Instructs State Insurers to Review Exposure to Russia, Ukraine
“China has told top state insurers to perform urgent checks on their exposure to Russia and Ukraine, as concerns swirl about the damage to the two economies amid intense fighting, according to two sources and documents seen by Reuters.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Time Is Money: A Quick Wage-Hour Tip on… Salaried Nonexempt Status “When it comes to paying office workers who do not qualify for an overtime exemption, businesses often look for ways to treat those workers as much like exempt personnel as possible, including by paying wages in the form of a salary rather than hourly pay. Salaried nonexempt status ordinarily starts with good motives, but it frequently ends with claims for unpaid overtime.” Full Article – Epstein Becker Green
To Test or Not to Test: Considerations for Employers Pondering the Future of Their Cannabis Testing Practices “The latest Gallup poll shows that 68% of Americans support cannabis legalization. Further, the rate of positive cannabis test results has jumped in the last decade. And according to recent news reports, some large employers have stopped testing job applicants for cannabis. As a result, other employers may be pondering whether to change their approach to an increasingly popular drug that is legal for medicinal or recreational use in most states. However, the decision may not be so easy.” Full Article – Seyfarth Shaw LLP
Senate Introduces Bill Requiring Corporate Audits to Uncover Forced Labor Practices in Supply Chains “On February 3, 2022, Senators Joshua Hawley (R) and Kirsten Gillibrand (D) introduced a bill aimed at preventing the use of forced labor in corporate supply chains by requiring certain publicly traded companies to perform detailed, annual audits and disclose the results to the federal government. The Slave-Free Business Certification Act of 2022 would require certain covered entities to annually audit their operations for evidence of forced labor, including suppliers, secondary suppliers, and on-site servicers. The Act defines a “covered business entity” broadly: any issuer, as defined in the Securities Act of 1933, involved in mining, production, or manufacture of goods for sale, that has annual revenue exceeding $500 million.” Full Article – Jones Day
The Duty to Preserve Documents and Data When on Notice of Litigation or Threatened Litigation “When an employer receives notice of a lawsuit or a threat of a lawsuit, the employer has a duty to preserve records, including personnel, employment and any other records that may relate to the matter. Courts will assess sanctions against an employer when it determines that the employer failed to preserve information that was in the employer’s control, the employer failed to take reasonable steps to preserve the information, and the loss of the information impacts the litigation. As a result, it is critical that a litigation hold notice be issued upon notice of a lawsuit or a threat of a lawsuit.” Full Article – White & Williams
EEOC Ramps Up Enforcement Lawsuits “Protection against unlawful treatment in the workplace is a goal shared by employers and employees alike. Employers that may have relaxed their compliance with federal employment and discrimination laws during the pandemic take note: the U.S. Equal Employment Opportunity Commission (EEOC) has been ramping up its enforcement activities; meaning employers should refocus on their internal review, implementation, and compliance with anti-discrimination, harassment, retaliation laws under the EEOC’s enforcement arm to avoid EEOC changes, investigations, and lawsuits.” Full Article – Dickinson Wright
The H-1B Cap Lottery for FY 2023 is Less Than One-Month Away. Are you ready? “U.S. Citizenship and Immigration Services (“CIS”) is once again requiring employers that want to sponsor a worker for an H-1B visa—which is awarded to employees who possess highly specialized knowledge and a bachelor’s or higher degree in a specific specialty—to register for a chance to be one of 85,000 applicants permitted to submit their H-1B petitions for processing. Registration for the H-1B cap lottery for the 2023 fiscal year starts at noon on Tuesday, March 1, and closes at noon on Friday, March 18. CIS intends to notify lottery winners by March 31.” Full Article – Benesch, Friedlander, Coplan & Aronoff
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
New York
New York Employers: Continue Implementing Your Airborne Infectious Disease Exposure Prevention Plans and Review Your Masking Policies
“New York employers must continue to implement airborne infectious disease exposure prevention plans, pursuant to the New York Health and Essential Rights (NY HERO) Act, through at least March 17, 2022. The law, however, no longer requires many New York employers to mandate their employees wear masks in the workplace.” Full Article
– Greenberg Traurig
California
California Supreme Court Clarifies Burden of Proof in Whistleblower Retaliation Claims
“The California Supreme Court has clarified that state whistleblower retaliation claims should not be evaluated under the McDonnell Douglas test, but rather under the test adopted by the California legislature in 2003, thus clarifying decades of confusion among the courts.” Full Article
– Hunton Andrews Kurth
Illinois
Illinois Supreme Court Eliminates Defense to Biometric Privacy Class Actions
“Illinois’ Biometric Information Privacy Act (BIPA) has spawned a tsunami of class actions against employers who utilize biometric timekeeping or security systems. Now, the Illinois Supreme Court in McDonald v. Symphony Bronzeville Park, LLC has eliminated a defense invoked by employers facing claims under BIPA: the exclusivity of workers’ compensation.” Full Article
– McDermott Will & Emery
D.C.
D.C.’s Non-Compete Law Poised To Be Delayed Until October 1, 2022
“The District of Columbia’s ban on non-compete agreements is delayed again. As we previously reported, the DC Government enacted The Ban on Non-Compete Agreements Amendment Act in January 2021, which creates one of the most comprehensive non-compete bans in the country.” Full Article
– Proskauer Rose
Virginia
Virginia Begins Process to Revoke Permanent COVID-19 Workplace Safety Standard
“The Virginia Department of Labor and Industry’s (DOLI’s) Safety and Health Codes Board convened and voted to recommend revoking the Commonwealth’s COVID-19 permanent workplace safety standard. This action comes after newly-elected Governor Glenn Youngkin issued Executive Order 6 directing the Board to convene an emergency meeting to consider whether there is a continued need for the permanent workplace safety standard.” Full Article
– Reed Smith
- Published in Blog