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
“Risk management is shifting” – The Institutes CEO
“A predict and prevent approach to risk management is becoming more significant as technological developments create added value for both brokers and their policyholders. “With new technologies and capabilities, we can predict when bad things are going to happen and stop them, rather than waiting for an incident to occur and making sure the person is financially whole, which is a great thing and will always be,” said Pete Miller, CEO of The Institutes.” Full Article
– Insurance Business
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Email Layoffs From the Employment Litigator’s Lens “With the market continuing on its roller coaster trajectory, many employers have been forced to make big cuts to payroll. When doing so, employers must think about a number of things, between final paychecks, vacation time, and other benefits.” Full Article – Mintz
Workplace Investigations: Anticipate Cognitive Overload “Sometimes you just need to let things gel in your mind for a while. I came to this conclusion in my investigations practice years ago, but only recently recognized it as symptomatic of a far more universal phenomenon, what mental health professionals call “cognitive overload.” Full Article – Levy Employment Law LLC
Bystander Responsibility in the Era of #MeToo: Lessons Learned From Apple TV’s The Morning Show “Partners Tracey Diamond and Evan Gibbs sit down with Megan Bigelow, assistant general counsel at Sonesta Hotels, to talk about the popular Apple TV series The Morning Show and harassment in the workplace.” Full Article – Troutman Pepper
2023 Compensation Check-Up: Four Questions to Ask About Your Compensation Practices “Compensation is always a top-of-mind issue for employers, but on the heels of the “Great Resignation,” and amidst ongoing labor shortages, economic uncertainties, and evolving legal requirements, many employers are reassessing their compensation practices.” Full Article – Levenfeld Pearlstein LLC
The Two Factors Critical to Employee Recruitment and Retention “The United States is experiencing a historically tight and transient labor market. Employers seeking to remain competitive in such a market would be wise to re-evaluate the nature of employment in their industry, the roles within their companies, and related pay and benefits according to a time – Constangy Brooks Smith & Prophete LLP
-tested theory.” Full Article
Dear Littler: How Do We Handle Drug or Alcohol Impairment in the Workplace? “We are a manufacturing company with facilities in multiple states. We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use. We are particularly concerned about employees potentially endangering themselves or others if they are using our equipment while impaired, but we are unsure what to do in these circumstances. Can you help?” Full Article – Littler Mendelson
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.
Michigan Rolls Back its “Right-to-Work” Law; NLRB’s Top Lawyer Provides Post-McLaren Macomb Guidance “Michigan becomes the first state in nearly 60 years to repeal its RTW law, which was implemented in 2013 under then-Governor Rick Snyder (R). The repeal is viewed as a major victory for union organization which reached an all-time low in 2022.” Full Article – Benesch Friedlander Coplan & Aronoff LLPMICHIGAN
Proposed FTC Ban on Non-Competes: What Texas Business Owners Need to Know “The proposed rule, announced by the FTC in January, would generally ban the practice of non-compete agreements by making it illegal for an employer to enter these agreements, maintain existing agreements, and/or represent to a worker that they are subject to a non-compete.” Full Article – Boyar MillerTEXAS
UPDATED: The City of Los Angeles’ Fair Work Week Ordinance Will Take Effect April 1, 2023 “The Ordinance, which was unanimously passed by the Los Angeles City Council in November 2022, requires retail employers in the City of Los Angeles to provide employees at least 14 days’ advance notice of their work schedules and to compensate employees in the event of certain schedule changes.” Full Article – Sheppard Mullin Richter & Hampton LLPCALIFORNIA
Illinois Supreme Court Finds Federal Law Labor Preempts Union Members’ BIPA Claims “Walton should stop unionized employees from bringing new BIPA claims in state and federal court. Walton also forecloses unionized employees from bringing BIPA claims on a class action basis. Companies on the receiving end of a BIPA lawsuit from a current or former union member should always explore a motion to dismiss the lawsuit on preemption grounds.” Full Article – Sheppard Mullin Richter & Hampton LLPILLINOIS
Delaware’s “Freedom of Contract” Approach to Non-Compete Agreements– Even Between Sophisticated Parties in the Sale-of-Business Context– Has its Limits “Non-compete agreements have recently gained a new round of attention with the Federal Trade Commission’s (FTC) proposed rule that would effectively ban employers from imposing non-competes (albeit not in certain sale-of-business scenarios).” Full Article – Gibbons PCDELAWARE
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