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
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
The RISQ RECAP: August 1st – August 5th, 2022
August 1st – August 5th, 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
Takeaways from Our Conversation About Why Most Small-to Mid-Size Cannabis Operators Shun D&O
“Directors and officers insurance has been pricey and tough to obtain for cannabis companies since the industry started requiring coverage. D&O is difficult in most business sectors (For more on that check out: “You’ve Heard it Before, so Here it is Again: D&O is a Tough Pill for Cannabis.”), but cannabis businesses may pay up to 50% more in premiums for D&O – if they can get it.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
We’re Trying to Help! Employer Guidelines to Avoid Legal Pitfalls with Tuition Assistance Benefit Programs “Put it in writing; look for tax caps, and; don’t forget the Truth in Lending Act (TILA) or the Fair Debt Collection Practices Act (FDCPA). Income-Share Agreements (ISA) are considered ‘credit’ under TILA. Check state law before requiring a non-compete agreement or repayment requirement.” Full Article – Bradley
HHS Proposes to Reinstate, Revise, and Expand ACA Section 1557 Nondiscrimination Rules “Now in their third iteration, these regulations are full of detailed rules and explanations that may again become a lightning rod for litigation. Group health plan sponsors, insurers, TPAs, and advisors may wish to submit comments. Meanwhile, HHS emphasizes that Section 1557 and the 2020 regulations remain in effect.” Full Article – Thomson Reuters / EBIA
HHS, DOL, and Treasury Issue Guidance Regarding Birth Control Coverage “Following President Biden’s Executive Order on ensuring access to reproductive health care, HHS, alongside the DOL and the Treasury, took action to clarify protections for birth control coverage under the Affordable Care Act (ACA). Under the ACA, most private health plans are required to provide birth control and family planning counseling at no additional cost.” Full Article – Centers for Medicare and Medicaid Services (CMS)
Recent Trends in Patient Out-of-Pocket Cost Sharing “The share of out-of-pocket costs paid by patients with employer-sponsored health plans increased from 17.4 percent in 2013 to 19 percent in 2019, before a pandemic-related decline to 16.4 percent in 2020. The increase in the share of expenses paid out of pocket observed between 2013 and 2019 appears to be driven by an increase in the number of workers enrolling in plans with higher deductibles.” Full Article – Employee Benefit Research Institute [EBRI]
IRS Rev. Proc. 2022-34: 2023 Required Contribution Percentage for Determining Affordable Employer-Provided Coverage “This revenue procedure also updates the required contribution percentage in Section 36B(c)(2)(C)(i) (II) for plan years beginning after calendar year 2022. This percentage is used to determine whether an individual is eligible for affordable employer-sponsored minimum essential coverage under Section 36B. For plan years beginning in calendar year 2023, the Section 36B Required Contribution Percentage is 9.12%.” Full Article – Internal Revenue Service (IRS)
The Dobbs Effect: Equal Access to Travel Benefits “Litigants are challenging as discriminatory under Title VII, employer travel benefits that enable employees to travel in order terminate pregnancies in states where it remains legal. Specifically, litigants have begun to assert that providing travel benefits for the purpose of terminating a pregnancy is unlawful if the employer does not also allow travel benefits for pregnant women who intend to carry their pregnancy to term.” Full Article – Seyfarth
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
Sexual Harassment Hotline Law Takes Effect in New York State
“Governor Kathy Hochul signed into law an amendment to the New York State Human Rights Law requiring that the New York State Division of Human Rights (DHR) establish a confidential statewide toll-free hotline to provide free advice to employees about workplace sexual harassment issues. The law took effect on July 14, 2022.” Full Article
– Phillips Lytle LLP
RHODE ISLAND
Rhode Island Enacts Tip Protection Law
“On June 28, 2022, Rhode Island Governor Daniel McKee signed into law a comprehensive tip protection bill. The law, which took effect immediately upon passage, generally prohibits employers from retaining any portion of an employee’s tips.” Full Article
– Epstein Becker Green P.C.
MARYLAND
Maryland Employers Beware – State Wage Laws Do Not Incorporate Federal Portal-to-Portal Act and Its Exclusions from Compensation
“Maryland’s highest court has ruled that the federal Portal-to-Portal Act has not been adopted or incorporated into Maryland’s Wage and Hour Law, Wage Payment and Collection Law, or the corresponding state regulations – meaning that employers may be responsible for more wages for their Maryland employees under state law than under federal law.” Full Article
– Shawe Rosenthal LLP
NEW JERSEY
What Employers Need to Know About Newly Proposed Non-Compete Legislation in New Jersey
“On May 19, 2022, the New Jersey Assembly’s Labor Committee voted in favor of Assembly Bill 3715 (A3715) (full text available here), which would create significant restrictions on the scope and enforceability of the most common restrictive covenants entered into by New Jersey employees. While it remains to be seen whether the bill’s proposed changes will become law, the passage of A3715 in its current form would represent a seismic shift for New Jersey employers.” Full Article
– Sheppard Mullin LLP
COLORADO
Colorado Updates its Paid Sick Leave Guidance, Including Clarifications on Carry-Over Amounts and Public Health Emergency Leave
“On June 24, 2022, Colorado’s Department of Labor and Employment (CDLE) published a revised version of its Interpretive Notice & Formal Opinion (INFO) #6B regarding the Healthy Families and Workplaces Act (HFWA), the state’s paid sick leave law that first took effect in 2020. Notably, the updated INFO #6B clarifies the amounts of accrued sick pay and public health emergency leave that employees are entitled to under the HFWA.” Full Article
– Littler Mendelson P.C.
- Published in Blog
The RISQ RECAP – July 25th – July 29th, 2022
July 25th – July 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
Five ways to hire better and retain better
“Anyone who has been waiting — and waiting — for goods to be delivered, whether it’s a consumer, a retailer, or a manufacturer knows the US supply chain is in crisis. Nearly every link in the chain has been weakened and trucking is no exception. Legacy hiring and retention struggles were only exacerbated by the COVID-19 pandemic. The American Trucking Associations estimates that the driver shortage hit a historic high of over 80,000 drivers last year and is estimated to reach 160,000 by 2030. For an individual fleet operator, the average cost to replace a driver is about $8,200. The lack of drivers is a huge cost to the trucking industry and the larger economy, affecting company profits, the stock market, and the costs of all goods for all of us.” Full Article
– Insurance Business America
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Wage Transparency Laws Are Here to Stay “Some employers wish to post job openings without providing a salary range. They also would like to ask applicants about their salary history. Although this may benefit the employer in the negotiation process, asking about an applicant’s salary history and not providing salary information may be unlawful. Legislators have been concerned that employers’ lack of transparency in job listings and inquiries about salary history may disproportionately impact women, people of color, or those from other underrepresented groups.” Full Article – Greenberg Traurig LLP
There and Back Again: Labor Department Issues New Proposed Non-displacement Regulation “The U.S. Department of Labor has released a proposed regulation to reinstitute a requirement that contractors provide offers of employment to workers covered by the Service Contract Labor Standards, unless the contractor can establish an exception. The regulation would implement an executive order signed by President Joe Biden on Nov. 18, 2021, and comments on the rule will be accepted until Aug. 15, 2022. It is estimated that when the final rule is incorporated, it will affect between 74,000 and 329,000 small businesses.” Full Article – Holland & Knight LLP
Employment Law “Kitchen Fires” – Protecting Your Restaurant Against Sexual Harassment “According to the federal Equal Employment Opportunity Commission (EEOC), the restaurant industry is the single largest source of sexual harassment claims in the U.S. Restaurant employers need to take action to protect their employees from harassment and their businesses from potentially costly lawsuits. Surveys show 90% of women and 70% of men working in restaurants have experienced some form of sexual harassment from either managers, co-workers or customers, and recent headlines support those statistics. On a regular basis, well-known restaurant companies and celebrity chefs are being hit with sexual harassment claims as well as high dollar judgments or settlements.” Full Article – Phelps Dunbar LLP
EEOC’S Updated COVID-19 Guidance Places Additional Restrictions on Employers “For more than two years, employers have had to navigate a frequently changing landscape to ensure they complied with all of the laws relating to the COVID-19 pandemic. That landscape continues to change with two recent developments from the Equal Employment Opportunity Commission. On July 12, the EEOC updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” guidance to address topics including testing employees for COVID-19, hiring, and required reasonable accommodation. On July 11, the EEOC settled a case involving an allegation that an employer had violated the Genetic Information Non- Discrimination Act by collecting employees’ family members’ COVID-19 test results.” Full Article – Day Pitney LLP
Bonuses & Calculating an Employee’s Regular Rate of Pay for Overtime “The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid no less than time and one-half their regular rate of pay for all hours worked over 40 hours in a workweek. How should an employer calculate an employee’s regular rate of pay? Under the FLSA, an employee’s regular rate of pay includes “all remuneration for employment paid to, or on behalf of, the employee,” less certain statutory exceptions. The regular rate is determined by adding the employee’s pay for the workweek and all other earnings and dividing the total by the number of hours the employee worked that week.” Full Article – Haynsworth Sinkler Boyd P.A.
Employers – Don’t Automatically Assume Prescription Meds Pose a Danger in the Workplace “Have you read the warnings on prescription painkillers? They can be pretty scary – “May cause drowsiness.” “May cause dizziness.” “Do not operate a car or dangerous machinery.” (Or words to that effect). I think by now, everyone is aware of the risks associated with controlled substances. Certainly, the opioid epidemic did not earn its name lightly. So it’s not surprising that some employers are concerned when employees take prescription medications that come with those warnings – particularly when those employees are working with heavy machinery or sharp objects, or getting behind the wheel of a vehicle. But it is important for employers to understand when they can – and cannot – prohibit employees on such medications from working.” 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 YORK
Sexual Harassment Hotline Law Takes Effect in New York State
“Governor Kathy Hochul signed into law an amendment to the New York State Human Rights Law requiring that the New York State Division of Human Rights (DHR) establish a confidential statewide toll-free hotline to provide free advice to employees about workplace sexual harassment issues. The law took effect on July 14, 2022.” Full Article
– Phillips Lytle LLP
RHODE ISLAND
Rhode Island Enacts Tip Protection Law
“On June 28, 2022, Rhode Island Governor Daniel McKee signed into law a comprehensive tip protection bill. The law, which took effect immediately upon passage, generally prohibits employers from retaining any portion of an employee’s tips.” Full Article
– Epstein Becker Green P.C.
MARYLAND
Maryland Employers Beware – State Wage Laws Do Not Incorporate Federal Portal-to-Portal Act and Its Exclusions from Compensation
“Maryland’s highest court has ruled that the federal Portal-to-Portal Act has not been adopted or incorporated into Maryland’s Wage and Hour Law, Wage Payment and Collection Law, or the corresponding state regulations – meaning that employers may be responsible for more wages for their Maryland employees under state law than under federal law.” Full Article
– Shawe Rosenthal LLP
NEW JERSEY
What Employers Need to Know About Newly Proposed Non-Compete Legislation in New Jersey
“On May 19, 2022, the New Jersey Assembly’s Labor Committee voted in favor of Assembly Bill 3715 (A3715) (full text available here), which would create significant restrictions on the scope and enforceability of the most common restrictive covenants entered into by New Jersey employees. While it remains to be seen whether the bill’s proposed changes will become law, the passage of A3715 in its current form would represent a seismic shift for New Jersey employers.” Full Article
– Sheppard Mullin LLP
COLORADO
Colorado Updates its Paid Sick Leave Guidance, Including Clarifications on Carry-Over Amounts and Public Health Emergency Leave
“On June 24, 2022, Colorado’s Department of Labor and Employment (CDLE) published a revised version of its Interpretive Notice & Formal Opinion (INFO) #6B regarding the Healthy Families and Workplaces Act (HFWA), the state’s paid sick leave law that first took effect in 2020. Notably, the updated INFO #6B clarifies the amounts of accrued sick pay and public health emergency leave that employees are entitled to under the HFWA.” Full Article
– Littler Mendelson P.C.
- Published in Blog
The RISQ RECAP – July 18th – July 22nd, 2022
July 18th – July 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
The Evolving Roll of Risk Officers in the Corporate World
“The increasing frequency of natural disasters and the rise of ESG are a few factors that have contributed to insurance companies placing a greater focus on mitigation and prevention. For the insurance industry the risk management side of their business has become more important than ever before. However, in the corporate world outside the insurance industry, risk management has also been evolving.” Full Article
– Insurance Business America
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Self-Insured Health Plans: August 1st PCORI Fee Due Date is Rapidly Approaching “Dental plans and vision plans that are excepted benefits are not subject to PCORI fees. Similarly, health flexible spending accounts that are excepted benefits are not subject to PCORI fees. For plans with plan years that ended on or after January 1, 2021, through September 31, 2021, the fee is $2.66 per covered life. For plans with plan years that ended on or after October 1, 2021, through December 31, 2021, the fee is $2.79 per covered life.” Full Article – Jackson Lewis P.C.
HHS Issues Guidance on Post-Dobbs PHI Protections Under HIPAA Privacy Rule “The HHS guidance outlines the types of non- healthcare disclosures of PHI that are permitted without an individual’s authorization. The guidance also describes how the Privacy Rule applies to such disclosures in the context of PHI that contains abortion and other sexual and reproductive healthcare information. For each such disclosure, HHS emphasizes that covered entities are permitted, but not required, to disclose the PHI.” Full Article – Ogletree Deakins
Health Plan’s Blanket Exclusion for Wilderness Therapy Violated MHPAEA “Accepting the dependent’s argument, the court concluded that for parity analysis purposes, skilled nursing facilities were the medical/surgical analog to residential treatment centers for MH/SUD conditions. Next, the court noted that there was no evidence that the administrator would deny benefits in a skilled nursing facility (on the medical/surgical side) merely because the care occurred in a wilderness setting. According to the court, this tended to support the dependent’s argument that the administrator had created a wilderness treatment exclusion that applied only to behavioral health programs — in violation of MHPAEA.” Full Article – Thomson Reuters Practical Law
May Abortions Be Reimbursed on a Tax-Free Basis from a Health FSA, an HRA, or an HSA? “The following expenses may be reimbursed from an FSA, HRA, or HSA under current federal tax law: [1] The cost of the abortion procedure, if legal; [2] Transportation expenses, if out-of-state travel is required; and [3] Lodging (up to $50 per night), assuming that the care is received from a physician in a hospital or an equivalent facility. Many issues will depend on the interpretation of the IRS or the courts.” Full Article – Dickinson Wright
Amendment to Group Health Plan Fee Disclosure Rules Can Reduce Plan Costs “Now that plan fiduciaries have easier access to the compensation paid to these service providers, they can judge whether the compensation is reasonable and potentially cut costs by switching service providers…. Fiduciaries could also explore eliminating indirect compensation to service providers to save costs.” Full Article – Hall Benefits Law
Fourth Circuit Revives Retirees’ Claim of Vested Retiree Life Insurance Coverage “The Fourth Circuit agreed with the plaintiffs that if their retiree life insurance coverage were ever a vested benefit, PPG could not rely on the later-added reservation of rights clause to terminate that coverage. If the removal of the prior reservation of rights clause in 1969 vested retiree life insurance coverage for Plan participants working between 1969 and 1984, then the 1984 reservation of rights clause only allowed PPG to modify or terminate retiree life insurance coverage for participants hired after the clause’s adoption.” Full Article – Roberts Disability 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
Lights, Camera . . .West Hollywood Paid Time Off Ordinance
“West Hollywood has joined the growing ranks of California cities that have their own local sick leave and/or minimum wage requirements. West Hollywood enacted an ordinance that creates new paid and unpaid time off mandates as well as minimum wage obligations and mandates the distribution of service charges. The new ordinance went into effect for most employers July 1, 2022.” Full Article
– Seyfarth Shaw
NEW MEXICO
If Pain, Yes Gain—Part 101: New Mexico Paid Sick Leave Law in Effect Today; Final Rules, Model Poster and FAQs Available
“The New Mexico statewide paid sick leave law is in effect as of July 1, 2022. The state recently released a series of related materials—final rules, detailed FAQs, model posters, a policy compliance checklist, and a guide to the law.” Full Article
– Seyfarth Shaw
LOUISIANA
Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test
“You can purchase CBD legally in all U.S. states, but most states still have laws making THC (the psychoactive component in marijuana) illegal, especially without a prescription. However, CBD can trigger a positive drug test. Hemp-derived CBD may contain low levels of THC that show up on a drug test. The Eastern District of Louisiana tackled this very issue in considering if the ADA protects an employee when a positive drug test may have been triggered by CBD use.” Full Article
– Bradley Arant Boult Cummings
NEW JERSEY
Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now
“In response to the #MeToo movement, New Jersey enacted N.J.S.A. 10:5-12.8, which amended the New Jersey Law Against Discrimination (NJLAD) to prohibit, in employment contracts or settlement agreements, any non-disclosure or confidentiality provisions that have “the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment.” In Savage v. Township of Neptune, No. A-14: 5-20, the Appellate Division confronted the question of whether N.J.S.A. 10:5-12.8 also applies to non-disparagement provisions, and concluded it does not.” Full Article
– Littler Mendelson
ILLINOIS
New Legal Obligations for Chicago and Illinois Employers
“As of July 1, 2022, amendments to the Chicago Human Rights Ordinance went into effect, requiring employers with at least one employee working within the city’s boundaries to update sexual harassment policies; display new posters; and augment their sexual harassment training. Employers who fail to comply could face fines of up to $10,000 per day.” Full Article
– Benesch Friedlander Coplan & Aronoff
- Published in Blog
The RISQ RECAP – July 11th – July 15th, 2022
July 11th – July 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
Mass Shooting Insurance Rates Jump as Incidents Rise
“The cost of buying insurance protection against mass shootings has spiked more than 10% in the United States this year following a string of deadly events, insurers said. The United States witnessed 293 mass shootings so far this year, according to a report by the Gun Violence Archive that defines them as any event involving the shooting of four or more people other than the assailant. That compares with 309 the same period last year, but is sharply up from 240 in 2020.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
The Future of Hybrid Working: Full Steam Ahead or a Screeching U-turn? “As various restrictions put in place during the global coronavirus pandemic have lifted across the world, many businesses have embraced hybrid working. However, as we look to the future, are these working arrangements of the so-called “new normal” really here to stay? We consider below whether there are already significant factors at play that could prompt many businesses to want to withdraw from hybrid working and, if so, what legal considerations this could entail.” Full Article – Seyfarth Shaw
EEOC Sanctions Employer for GINA Violations Relating to Collection of Employees’ Family Members’ COVID Test Results “On July 6, 2022, the Equal Employment Opportunity Commission (EEOC) announced it has entered into a conciliation agreement with a Florida-based medical practice for violations of the Genetic Information Non-Discrimination Act (GINA) arising out of the practice’s collection of employees’ family members’ COVID-19 testing results.” Full Article – Proskauer Rose
What the Supreme Court’s Recent Decisions on Guns and Prayer Mean for Private Employers “Two decisions handed down by the Supreme Court last month held that government actions were unconstitutional. In Kennedy v. Bremerton School District, the Court held that a public school district’s instruction to a high school football coach that he could not pray on the field after each game violated the First Amendment. A New York State law limiting individuals from carrying concealed weapons was found, in New York State Rifle & Pistol Ass’n Bruen, to run afoul of the Second Amendment. Central to both those decisions was that they involved state action – a government body telling individuals what they could not do.” Full Article – Levy Employment Law
Loss of Job Over Religious Vax Refusal ≠ Irreparable Harm “In Halczenko v. Ascension Health, Inc., the doctor, who objected to the COVID vaccine on religious grounds, was terminated for failing to comply with the hospital’s vaccine mandate. He sought a preliminary injunction to reinstate him while his lawsuit was proceeding. In order to receive a preliminary injunction, a plaintiff must show that they will experience irreparable injury absent the injunction, among other things. The doctor argued that the termination caused him such injury because his professional skills would deteriorate within 6 months to the point he would no longer be able to work, and that he was unable to secure another position in the interim.” Full Article – Shawe Rosenthal
Event in Review: Navigating Internal Investigations at Nonprofits “An allegation of misconduct or illegality can have very harmful effects for an organization: it can hurt staff morale, violate an organization’s mission, and, in extreme circumstances, can threaten a nonprofit’s exempt status. During a recent luncheon program, Venable partners George Constantine, Eric Berman, and Doreen Martin, along with Jesse Raben, general counsel and COO of The Trust, discussed how nonprofits should navigate internal investigations that can arise from whistleblower complaints, government inquiries, or any other violation of the organization’s policies.” Full Article – Venable
EEOC Issues First Guidance on Algorithm-Driven Employment Decisions “The last several years have seen algorithm-driven technologies like artificial intelligence (AI) and other algorithmic or automated decision-making systems proliferate throughout nearly every industry, from managing the supply chain to detecting and preventing fraud and helping farmers decide what crops to plant. Employment-related decisions are no exception; employers are increasingly using algorithmic decision-making systems in the hiring and evaluation of employees, with an eye to eliminating bias and discrimination in these processes.” 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.
CALIFORNIA
Lights, Camera . . .West Hollywood Paid Time Off Ordinance
“West Hollywood has joined the growing ranks of California cities that have their own local sick leave and/or minimum wage requirements. West Hollywood enacted an ordinance that creates new paid and unpaid time off mandates as well as minimum wage obligations and mandates the distribution of service charges. The new ordinance went into effect for most employers July 1, 2022.” Full Article
– Seyfarth Shaw
NEW MEXICO
If Pain, Yes Gain—Part 101: New Mexico Paid Sick Leave Law in Effect Today; Final Rules, Model Poster and FAQs Available
“The New Mexico statewide paid sick leave law is in effect as of July 1, 2022. The state recently released a series of related materials—final rules, detailed FAQs, model posters, a policy compliance checklist, and a guide to the law.” Full Article
– Seyfarth Shaw
LOUISIANA
Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test
“You can purchase CBD legally in all U.S. states, but most states still have laws making THC (the psychoactive component in marijuana) illegal, especially without a prescription. However, CBD can trigger a positive drug test. Hemp-derived CBD may contain low levels of THC that show up on a drug test. The Eastern District of Louisiana tackled this very issue in considering if the ADA protects an employee when a positive drug test may have been triggered by CBD use.” Full Article
– Bradley Arant Boult Cummings
NEW JERSEY
Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now
“In response to the #MeToo movement, New Jersey enacted N.J.S.A. 10:5-12.8, which amended the New Jersey Law Against Discrimination (NJLAD) to prohibit, in employment contracts or settlement agreements, any non-disclosure or confidentiality provisions that have “the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment.” In Savage v. Township of Neptune, No. A-14: 5-20, the Appellate Division confronted the question of whether N.J.S.A. 10:5-12.8 also applies to non-disparagement provisions, and concluded it does not.” Full Article
– Littler Mendelson
ILLINOIS
New Legal Obligations for Chicago and Illinois Employers
“As of July 1, 2022, amendments to the Chicago Human Rights Ordinance went into effect, requiring employers with at least one employee working within the city’s boundaries to update sexual harassment policies; display new posters; and augment their sexual harassment training. Employers who fail to comply could face fines of up to $10,000 per day.” Full Article
– Benesch Friedlander Coplan & Aronoff
- Published in Blog