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
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