The RISQ RECAP:

June 26th – June 30th, 2023

How the Insurance Universe Deals With Evolving Risks and Dispositions

“Insurers have come a long way on climate change, but they have a long way to get where we need to be to deal with a more hazardous planet. That was the assessment from Washington Insurance Commissioner Mike Kreidler, a regulator who has spent three decades pushing insurers to disclose more about their investments and activities surrounding fossil fuels and to do more to address climate change.”  Full Article

– Insurance Journal

Washington Proposed Rule Update Beefs up Refinery Worker Protections

“The Washington State Department of Labor & Industries is proposing updated workplace safety rules for petroleum refineries designed to prevent catastrophic events like the 2010 explosion that killed seven workers at the former Tesoro refinery in Anacortes. The proposed update addresses what’s known as process safety management, which describes the way workplaces handle dangerous chemicals and ensures that processes, people, and equipment all work together to reduce risk. The proposal focuses specifically on petroleum refineries.”  Full Article

– Insurance Journal

Whose Text  is it, Anyway? Maybe Yours!

“Must an employer preserve business-related text messages between employees using their personal cell phones? Can a judge punish an employer for failing to do so?”  Full Article

– Constangy, Brooks, Smith & Prophete LLP

How Long Does the IRS Have to Challenge an ERC Refund?

“For employers who have either filed for or have received payment for Employee Retention Credit (ERC) claims, the significant surge in IRS examinations of ERC claims is similar to the shark in the movie Jaws. You know he is out there, but you don’t know where he will bite and when.”  Full Article

– Meadows, Collier, Reed, Cousins, Crouch & Ungerman, LLP

Ready, Set, Go — It’s Time for the PWFA

“It’s time for the Pregnant Workers Fairness Act (PWFA). We’ve been warning you that the PWFA is coming and in less than a week, on June 27, the PWFA goes into effect. We’re still waiting on the EEOC’s proposed regulations but that should not stop you from complying, because on June 27 employees may begin filing EEOC charges for events occurring on or after that day.”  Full Article

– Bradley Arant Boult Cummings LLP

Retailers Must Ensure Compliance with Federal, State Child Labor Regulations

“The end of the school year and the beginning of summer will bring a surge of school-age workers into the workplace as government scrutiny over employment of young workers is increasing. The Department of Labor (DOL) and Department of Health and Human Services (HHS) have a Memorandum of Agreement to combat unlawful child labor practices.”  Full Article

– Jackson Lewis P.C.

When Tunes Turn Toxic: Ninth Circuit Recognizes the Impact of Offensive Music in the Workplace

“In recent years, listening to music while working has become routine and prevalent in many workplaces, with supporters of this trend claiming it improves morale, increases productivity, promotes team bonding and reduces stress. With the advent of on- demand music streaming on mobile devices, employees now have increased access to an unlimited range of music genres, allowing them to play any song they prefer at the press of a button.”  Full Article

– Phelps Dunbar LLP

If At First You Don’t Succeed: NLRB Readopts Highly Controversial “Independent Contractor” Standard

“Last week, the National Labor Relations Board (NLRB or “Board”) decided in The Atlanta Opera, Inc., 372 NLRB No. 95 (2023) to make it easier to classify workers as “employees,” who are covered by the National Labor Relations Act (NLRA), as opposed to “independent contractors,” who are not. The standard set forth by the Board mirrors the one the NLRB drew up a few years ago, which was subject to court criticism and short-lived.”  Full Article

– Hunton Andrews Kurth