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
Viewpoint: Cyber Insurance Market Themes to Look Out for in 2024 “After my (relatively) successful effort in looking at 2023 cyber insurance themes, like a gambler on a streak of beginner’s luck, I wanted to have another roll of the dice in offering my thoughts on cyber insurance themes to look out for in 2024. As a hostage to my future self, the beginning of another new year is a good opportunity to set out what could be the dominant themes of the cyber insurance market as it continues to rapidly evolve and grow.” Full Article – Insurance Journal
Airlines Cleared to Inspect Grounded Boeing Jets After Mid-Air Incident “A delay in the inspection of grounded Boeing jets ended on Monday after U.S. officials retrieved a panel that blew off an Alaska Airlines 737 MAX 9 airliner and shares in the planemaker sagged on concerns over the troubled jet program. The U.S. Federal Aviation Administration has ordered the temporary grounding for checks of 171 MAX 9 jets installed with the same kind of panel that fell from the jet on Friday, which weighs about 60 pounds (27 kg) and covers an optional exit door.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
When Will the Ball Drop? Still Waiting on the PWFA Final Regulations “We rang in the new year waiting and watching for the issuance of the EEOC’s final regulations implementing the Pregnant Workers Fairness Act (PWFA). The Office of Information and Regulatory Affairs (OIRA) received the text of the final regulations for review on December 27. Assuming that the EEOC’s final regulations clear this review, we expect the regulations to be published in the Federal Register soon.” Full Article – Jackson Lewis P.C.
NLRB Seeks to Force Reopening of Shuttered Starbucks Cafes “One of the more harsh remedies at the National Labor Relations Board’s (NLRB) disposal is forcing companies to reopen shuttered locations in the event the agency determines the decision to close those sites was driven by anti-union considerations. In the wake of the ongoing nationwide union drive at Starbucks, the coffee giant now is facing such a case.” Full Article – Barnes & Thornburg LLP
Federal and State Authorities Bring Antitrust Enforcement to the Contingent Workforce Sector Employers—Be Careful with Those Mandatory EAP Referrals! “The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens. In recent years, government agencies have stepped up efforts targeting perceived restraints on competition in the labor markets.” Full Article – Littler Mendelson P.C.
Eleventh Circuit Deepens Circuit Split Over Causation Standard for FMLA Retaliation Claims “On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted different standards, with the Eleventh Circuit decision only further deepening the circuit split on the topic.” Full Article – Proskauer Rose LLP
Court Rules EEO-1 Reports Are Not Exempt “Commercial” “Many federal contractors and subcontractors treat their EEO-1 reports as confidential because they contain detailed demographic data and workforce information. A lawsuit brought by the Center for Investigative Reporting and reporter Will Evans seeks to force a mass disclosure of EEO-1 Reports by the OFCCP. The litigation reached a critical juncture recently when a federal judge in California ruled that EEO-1 Reports are not protected from disclosure under “Exemption 4” of the Freedom of Information Act, which protects confidential “commercial” information” Full Article – Seyfarth Shaw LLP
Information Under FOIA; Department of Labor May Appeal
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.
MASSACHUSETTS
Massachusetts Revises Paid Family and Medical Leave Guidance to Provide More Discretion to Employers
“The Massachusetts Department of Family and Medical Leave (DFML) is ringing in the new year with new, more employer-friendly guidance regarding an employee’s ability to use paid leave to “top up” Paid Family and Medical Leave (PFML) benefits paid by the Commonwealth of Massachusetts.” Full Article
– Littler Mendelson P.C.
NEW JERSEY
New Jersey’s Minimum Wage Increases Starting January 1, 2024
“New Jersey’s new mandatory minimum wage requirement will be effective January 1, 2024. For most employers, the 2024 minimum wage for compensating employees will be $15.13 per hour (up from $14.13 per hour in 2023).” Full Article
– Saiber LLC
NEW YORK
New York Governor Vetoes Legislation Prohibiting Noncompete Agreements
“On December 22, 2023, Governor Kathy Hochul vetoed a bill that would have prohibited almost all noncompete agreements in employment contracts in New York.” Full Article
– Duane Morris LLP
MARYLAND
Maryland Minimum Wage Increases January 1, 2024
“Maryland employees who earn minimum wage are ringing in the New Year in 2024 with a raise. As we reported in an earlier article, Maryland passed legislation in 2019 that would gradually increase the minimum wage from $11.00 per hour to $15 per hour by January 1, 2025. In May 2023, however, the General Assembly passed the Fair Wage Act of 2023, accelerating the schedule so that the minimum wage will now be $15 effective on January 1, 2024.” Full Article
– Gordon Feinblatt LLC
CALIFORNIA
Ring In 2024 With California’s Updated Paid Sick Leave FAQs!
“Out with the old, and ring in the new! Effective January 1, 2024, California’s amended Paid Sick Leave (“PSL”) law goes into effect. As detailed in our prior update, the amendments increase the annual amount of California paid sick leave from 3 days or 24 hours, to the greater of 5 days or 40 hours for eligible employees. The amendments also raise the accrual and year-end carryover cap from 6 days or 48 hours to the greater of 10 days or 80 hours.” Full Article
– Seyfarth Shaw LLP