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
Report: Pilot Error, Training Issues Factors in Alaska Crash That Killed Czech Billionaire “The probable cause of a heli-skiing crash in Alaska in 2021 that killed a Czech billionaire and four others was a failure by the pilot to adequately respond to whiteout conditions, a federal accident report concluded. The report from the National Transportation Safety Board found that an “inadequate pilot training program” by the helicopter operator and “insufficient oversight” by a Federal Aviation Administration inspector were contributing factors.” Full Article – Insurance Journal
A Hidden Climate Danger Threatens Coastal Communities With Toxic Chemicals “A little-known climate threat lurks under our feet: rising groundwater that could release toxic chemicals from more than 132,000 contaminated sites in coastal areas of the US. In a first of its kind study, researchers estimated the number of polluted industrial sites and mapped them to areas likely to experience groundwater inundation due to rising seas. “A lot of people don’t realize that the ocean actually extends under the land in coastal areas, so as the ocean rises, it pushes up the groundwater toward the surface,” said Kristina Hill, an associate professor at the University of California at Berkeley and the lead author of the paper, which was published last week in the journal Earth’s Future.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
EEOC, NLRB and DOL Shutdown Contingency Plans—The 2023 Edition “Once again we are poised on the brink of another possible federal government shutdown, and employers may be wondering how it may impact them.” Full Article – Shawe Rosenthal LLP
Significant Changes to US Overtime Pay Requirements on the Horizon “On September 8, 2023, the Department of Labor announced publication of a Notice of Proposed Rulemaking Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees.” Full Article – Baker & McKenzie LLP
OSHA’s Walk-Around Proposal Could Open Workplace Inspections to Outsiders “The Occupational Safety and Health Administration (‘OSHA’) recently announced a Notice of Proposed Rulemaking that would make it easier for non-employee representatives to participate in worksite inspections.” Full Article – Hunton Andrews Kurth LLP
Federal OSHA Announces Inspection Initiative Focusing on Crystalline Silica in the Stone Fabrication Industry “The U.S. Department of Labor recently announced that OSHA has launched a new initiative focused on enhancing enforcement and providing compliance assistance to protect workers from the hazards of silica.” Full Article – Seyfarth Shaw LLP
Dismantling Gender Walls in the Construction Industry “According to the national construction industry trade association Associated Builders and Contractors, construction labor demands are high. The construction business pays well and offers great opportunities for progression. The traditionally male-dominated industry has struggled, however, to convince women to join its workforce.” Full Article – Jackson Lewis P.C.
Hair, Beards, and the Invigorated Duty to Accommodate Religious Practices “Hair. In some religions it is considered a sacred gift from God that should not be cut. In other religions, it must be styled, covered, or cut in particular ways. These religious practices may result in employees’ requesting relief from various employment policies. If that happens, the request must be evaluated under the newly invigorated “undue hardship” test outlined in the Supreme Court’s Groff v DeJoy decision. Failure to do so is likely to lead to an unpleasant outcome for the employer.” Full Article – Constangy, Brooks, Smith & Prophete 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.
NEW YORK
New York State Department of Labor Issues Proposed Regulations on Salary Transparency Law
“On September 13, 2023, the New York State Department of Labor published proposed regulations on the state’s salary transparency statute that took effect on September 17, 2023.” Full Article
– Proskauer Rose LLP
CALIFORNIA
California Further Extends the Ban on Employers Entering Noncompete Agreements Starting in 2024
“On Sept. 1, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 699 into law with at least two significant additions to Section 16600 of the California Business and Professions Code (BPC). First, SB 699 extends the reach of California’s restrictions on noncompete agreements to contracts signed out of state. Second, SB 699 creates a private right of action for employees whose agreements include restrictive covenants. SB 699 will go into effect on Jan. 1, 2024.” Full Article
– Greenberg Traurig LLP
RHODE ISLAND
Rhode Island’s Amended Payment of Wages Act Now Imposes Felony Penalties on Employers
“Rhode Island law taking effect January 1, 2024 will impose criminal penalties on employers for knowing and willful wage and hour violations. The law also includes harsher penalties for employers generally, and those in the construction industry specifically, that misclassify workers as independent contractors.” Full Article
– Littler Mendelson P.C.
NEW JERSEY
Watch Out New York—New Jersey Wants Its Taxes Too
“July 21, 2023, New Jersey Governor Phil Murphy signed Assembly Bill No. S3128/A4694 into law, which implements an aggressive tax treatment of nonresidents who work for New Jersey employers. The law essentially adopts the Convenience of the Employer rule.” Full Article
– Littler Mendelson P.C.
GEORGIA
GA Update: Voting Leave, No Sunset on Kin Care
“Georgia’s voting leave law changed effective July 1. First, the Georgia statute was amended to add “advance in-person voting” (early voting) to the types of voting for which employers must allow unpaid time off.” Full Article
– Constangy, Brooks Smith & Prophete LLP
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