The RISQ RECAP:

August 7th – August 11th, 2023

Wind-Driven Hawaii Wildfire Destroying Maui Tourist Town

“A wildfire erupted in Maui on Wednesday fueled by strong winds from Hurricane Dora, destroying homes and businesses in a tourist town and forcing some residents to jump into the ocean to escape the flames. The Associated Press is reporting the fire was widespread in Lahaina Town, including on Front Street, a popular shopping and dining area, County of Maui spokesperson Mahina Martin said by phone early Wednesday. Traffic has been very heavy as people try to evacuate the area, and officials asked people who weren’t in an evacuation area to shelter in place to avoid adding to the traffic, she said. The American Property Casualty Insurance Association responded with insurance tips and a statement. “Insurers are ready to help Maui homeowners, renters and businesses impacted by these wildfires,” said Karen Collins, APCIA vice president, property & environmental. ‘This first step is contacting your insurer to start your claim. This is what you have insurance for. Your company or agent will help you navigate this process and get you what you need each step of the way.’”  Full Article

– Insurance Journal

Bursting Ice Dam in Alaska Highlights Risks of Glacial Flooding

“The gray, two-story home with white trim toppled and slid, crashing into the river below as rushing waters carried off a bobbing chunk of its roof. Next door, a condo building teetered on the edge of the bank, its foundation already having fallen away as erosion undercut it. The destruction came over the weekend as a glacial dam burst in Alaska’s capital, swelling the levels of the Mendenhall River to an unprecedented degree. The bursting of such snow-and-ice dams is a phenomenon called a jökuhlaup, and while it’s relatively little-known in the U.S., researchers say such glacial floods could threaten about 15 million people around the world. ‘We sat down there and were just watching it, and all of a sudden trees started to fall in,” Amanda Arra, whose house continued hanging precariously over the river bank Monday, told the Juneau Empire. “And that’s when I started to get concerned. Tree after tree after tree.’ The flooding in Juneau came from a side basin of the awe-inspiring Mendenhall Glacier, which acts as a dam for the rain and melted snow that collect in the basin during the spring and summer.”  Full Article

– Insurance Journal

OSHA’s New Electronic Reporting Rule Creates New Obligations for Some Employers

“Beginning January 1, 2024, more employers will be required to electronically submit detailed information about their workplace injuries and illnesses to the Occupational Safety and Health Administration (OSHA) every year.”  Full Article

– Phelps Dunbar LLP

Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees

“Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly regulating and limiting pre- employment background checks to protect prospective employees from perceived unfair or illegal treatment.”  Full Article

– Venable LLP

When Hot is Too Hot: Workplace Safety Considerations for Employers as the Temperatures Climb

“As large sections of the United States continue to experience soaring temperatures for extended periods, employers, especially those with workers in industries prone to heat-related illnesses, should be mindful of certain workplace safety obligations under federal and applicable state law.”  Full Article

– K & L Gates LLP

Employers — The NLRB Has Just Made Many Common Work Rules Unlawful

“In an unsurprising decision applicable to both unionized and non-union employers, the National Labor Relations Board changed its standard for assessing whether seemingly neutral work rules violate the National Labor Relations Act (NLRA). The Board’s decision in Stericycle, Inc. applies to challenges to an employer’s maintenance of work rules that do not expressly apply to employees’ protected activity.”  Full Article

– Shawe Rosenthal LLP

House Committee Debates Changes to Independent Contractor Rule

“During a recent hearing, the U.S. House Education and the Workforce Committee debated the pros and cons of changing the so-called ‘independent contractor’ rule. This rule dictates how to properly classify workers as employees or independent contractors, a distinction that has grown in importance with the steep increase in the independent workforce in recent years.”  Full Article

– Hall Benefits Law LLC

USCIS and DHS Announce a Revised Form I-9 and a New Option to Remotely Examine Employees’ Documents

“U.S. Citizenship and Immigration Services (‘USCIS’) has announced that a revised version of Form I-9, Employment Eligibility Verification will be available starting August 1, 2023. The current version can be used through October 31, 2023; however, as of November 1, 2023, only the revised version may be used.”  Full Article

– Womble Bond Dickinson LLP