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
Consistent Policy Wording Bringing Some Relief to Evolving Cyber Market
“Consistency within cyber insurance policies is something the industry has been grappling with for nearly a decade, according to speakers at the annual RIMS Riskworld conference, held this year in Atlanta, but the industry is beginning to see a light at the end of the tunnel. “I can’t underscore enough how much better the cyber marketplace has gotten in that regard,” said William Bennett, partner at Saxe Doernberger & Vita. “There are still policies with two insuring agreements and policies with 25 agreements and 400 definitions, but at least now they largely get to the same place.” Bennett was speaking during a session about cyber coverage responses to the current global risk climate on the second day of the conference. Thomas Francavilla, director of insurance programs at Stratus Risk Associates, was speaking alongside Bennett. He pointed to an example of an exercise the Stratus team recently did with a broker client that is 51 percent owned by a banking group. The company was transitioning away from having standalone cyber policies in place for each broker in favor of one parent-owned cyber policy.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
OSHA Launches Nationwide Program Focusing on Workplace Falls “For the last 12 years, 29 CFR 1926.501 (Duty to Have Fall Protection) has topped OSHA’s list of most frequently cited standards. Despite the agency’s enforcement efforts, falls from heights remain the leading cause of fatalities and serious injuries across all industries.” Full Article – Littler Mendelson P.C.
Best Practices for Handling and Documenting a Non-Performing Employee “Addressing an employee’s failure to meet performance expectations can be challenging for an employer. This article highlights best practices for handling and documenting a non-performing employee.” Full Article – Venable LLP
5 Steps for Managing Layoffs and Workplace Reductions “No one likes to think about layoffs and workforce reductions, but they are a reality from time to time, especially when market conditions are uncertain or unfavorable. Although workforce reductions are unfortunate, there are things that employers can do to facilitate a smooth transition and protect against legal consequences.” Full Article – Levenfeld Pearlstein, LLC
Bueller? Bueller? EEOC Examining Attendance Policies for ADA Violations “Do you have a “no fault” attendance policy or some other way in which employees get points for absences? If so, be careful. A recent Eleventh Circuit matter, EEOC v. Eberspaecher North America, Inc. suggests that the Equal Employment Opportunity Commission (EEOC) wants to check out those policies to see if there is an ADA violation and may want to expand its search beyond one facility.” Full Article – Bradley Arant Boult Cummings LLP
EEOC Offers “Promising Practices” for Battling Workplace Harassment “The Equal Opportunity Employment Commission (EEOC) released what it describes as “Promising Practices for Preventing Harassment” with detailed recommendations in the categories of (1) Leadership and Accountability, (2) Comprehensive and Effective Anti- Harassment Policy, (3) Effective and Accessible Anti-Harassment Program and – Phelps Dunbar LLP
(4) Effective Anti-Harassment Training.” Full Article
Compliance Update for U.S. Employer Conducting Criminal Background Checks in the Hiring Process “Employers who conduct background checks on applicants or employees must comply with the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. Among other things, the FCRA requires employers who procure criminal background reports (“consumer reports”) to provide applicants and employees with a Summary of Rights form as prepared by the Consumer Financial Protection Bureau (CFPB) when providing them with the FCRA-required pre-adverse action notices.” Full Article – Hunton Andrews Kurth, LLP
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.
FLORIDA
Florida Poised to Mandate Use of E-Verify for Private Employers
“The Florida Legislature has passed a bill that, if enacted, will require private employers with 25 or more employees to use the federal E-Verify system to verify the employment eligibility of newly hired employees beginning July 1, 2023. The bill, SB 1718, is expected to be signed into law by Governor Ron DeSantis.” Full Article
– Proskauer Rose LLP
NEW YORK
New York Minimum Wage to Increase Again
“The Fiscal Year 2024 New York State Budget (the “Budget”) includes a multi-year plan to increase the State’s minimum wage starting on January 1, 2024. The new statutory minimum wage rates apply to all New York employers regardless of size.” Full Article
– Seyfarth Shaw LLP
MARYLAND
Maryland Modifies its Paid Family and Medical Leave insurance Program
“Maryland became the eleventh state (in addition to the District of Columbia) to adopt a statewide family and medical leave program (the “Program”). The Maryland General Assembly recently concluded its 2023 session and passed modifications to the Program.” Full Article
– Littler Mendelson P.C.
WASHINGTON
Washington State to Bar Employers from Relying on Off-Duty Use of Marijuana in Hiring Decisions
“The state of Washington will prohibit employers from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results that find an applicant to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The new law (SB 5123) takes effect on January 1, 2024.” Full Article
– Jackson Lewis P.C.
ILLINOIS
Illinois Department of Labor Amends Regulations on Employer Reimbursement of Employee Expenses
“The regulations establish a new five-factor test for assessing whether an employer must reimburse expenses. The amended regulations also impose new record-keeping requirements on employers.” Full Article
– Barnes & Thornburg LLP
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