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
US Contractors, Insurers Overlooking Some Safety Improvements in Construction “Many American construction firms are failing to implement obvious and inexpensive safety measures that could save lives, reduce injuries and avoid costly insurance claims. And many insurers are not nudging their insured contractors to be proactive and preventive. “It’s usually not until after the fact, after something happens,” said TJ Lyons, a safety consultant who spoke Tuesday at the International Risk Management Institute’s 43rd Annual Construction Risk Conference in Orlando.” Full Article – Insurance Journal
Dash Cams in Fleet Vehicles are Key to Avoiding Nuclear Verdicts, Risk Managers Say “Cameras. One showing the driver and another facing forward. Those can be the keys to avoiding nuclear verdicts after auto and truck crashes, especially for companies with fleets of vehicles and relatively inexperienced drivers, two Crum & Forster risk executives said Monday at the International Risk Management Institute’s Annual Construction Risk Conference. “Fleet liability has not been profitable for insurers for a long time,” said Paul Anderson, vice president of field underwriting for the national group of property/casualty insurance companies.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Can An Employer Fire Me for My Speech Outside Work? “Absolutely yes – depending on the circumstances. While we have grown up with the notion that free speech is sacrosanct in this country, the First Amendment actually only prohibits the government from restricting individuals’ speech. The restriction on censorship does not extend to private employers and, to be clear, not-for-profit organizations are also private employers.” Full Article – Levy Employment Law, LLC
An Early Report on How the Supreme Court’s Affirmative Action Admissions Policies Decision is Impacting the Private Sector “In Students for Fair Admissions v. Harvard, 600 U.S. (June 29, 2023) (SFFA), the United States Supreme Court struck down the legality of affirmative action programs within the university setting, holding that universities may not use race by itself as a “plus factor” in college admissions decisions.” Full Article – Whiteford, Taylor & Preston LLP
Engage the Workplace With A Military Mindset “The WSJ piece about the benefit of hiring drill sergeants to double down on productivity and reduce whining makes some good points about how the private sector can profit from hiring military veterans. But the piece misses some important points about how veteran-driven values and skills can address employee engagement, a key private sector concern.” Full Article – Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
EEOC Settles Landmark AI Discrimination Workplace Suit “The U.S. Equal Employment Opportunity Commission (EEOC) has settled its first discrimination lawsuit involving artificial intelligence (AI) in a New York federal district court. The EEOC and iTutorGroup filed a joint settlement, which provides that the tutoring company will pay $365,000 to resolve the charges against it. The EEOC alleged that iTutor’s AI hiring selection tool illegally screened out female applicants over the age of fifty-five and male applicants over the age of sixty.” Full Article – Hall Benefits Law, LLC
Increased Protection for Employees Who Blow the Whistle on Workplace Safety “The National Labor Relations Board (NLRB) and the Occupational Safety Health Administration (OSHA) recently memorialized their collaborative agreement to engage in information sharing between the agencies regarding the National Labor Relations Act (NLRA) and the Occupational Safety and Health Act of 1970 (OSH Act), namely its anti-retaliation provision and other whistleblower provisions.” Full Article – Barnes & Thornburg LLP
How the Federal Government’s AI Risk Management Practices Will Set the Standard: A Closer Look At Government Action Following President Biden’s Executive Order “The White House announced the formation of the ‘US AI Safety Institute’ within the Commerce Department’s technology arm, the NIST. The Institute has been directed to develop technical guidance used by regulators, such as the EEOC, considering rulemaking and enforcement on discrimination related to AI. The White House has also released for public comment draft guidance relating to the federal government’s use of AI.” Full Article – Seyfarth Shaw 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.
CALIFORNIA
Amendments to California’s Retaliation Law Lighten the Burden for Employees
“Governor Gavin Newsom signed Senate Bill (SB) No. 497 into law. SB No. 497, also referred to as the Equal Pay and Anti-Retaliation Protection Act, amends California Labor Code Sections 98.6, 1102.5, and 1197.5 to lessen the burden for employees attempting to establish a prima facie case of retaliation.” Full Article
– Crowell & Moring LLP
NEW YORK
How Harassment Complaints Are Handled by NYS’s Division of Human Rights
“Although intended to be less intimidating than a court proceeding, the process by which the New York State Division of Human Rights (the Division) handles complaints can be opaque and intimidating to many individuals, employers and other organizations. This article is intended to demystify things a bit.” Full Article
– Levy Employment Law, LLC
Revisions to New York Unemployment Notice to Take Effect
“Governor Kathy Hochul has signed a bill amending Section 590 of the New York Labor Law to require employers to provide employees, upon separation, with notice of their right to file for unemployment benefits with the New York Department of Labor (NYDOL). These changes will take effect on November 13, 2023.” Full Article
– Seyfarth Shaw LLP
ALABAMA
Changes to Alabama’s Tax Laws Impose New Reporting Requirements on Employers
“Three new rules will take effect this year that alter the overtime wages subject to Alabama withholding tax and employers’ requirements in reporting those newly exempt wages. On October 31, 2023, the Alabama Department of Revenue’s Income Tax Administration issued three final rules that take effect December 3, 2023, and will cover all tax years beginning after December 31, 2023, and ending prior to June 30, 2025.” Full Article
– Littler Mendelson P.C.
ILLINOIS
Proposed Regulations for the Illinois Paid Leave for All Workers Act Offer Employers a Mixed Bag for Compliance
“The Illinois Department of Labor (IDOL) published much anticipated proposed regulations interpreting the Illinois Paid Leave for All Workers Act (the “Act”) set to take effect January 1, 2024. The Act will require nearly all covered Illinois employers to provide its covered employees up to 40 hours of paid leave per year, to be used ‘for any purpose.’” Full Article
– Littler Mendelson P.C.
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