The Pregnant Workers Fairness Act

| December 19, 2023
Portrait of pregnant woman in the office

What Employers Should Know

The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. Read on to learn more about the PWFA and its implications for businesses.

What is the Pregnant Workers Fairness Act?

The PWFA is a federal regulation that requires covered employers to provide reasonable accommodations to pregnant employees. 

While it has long been illegal nationwide to discriminate against pregnant employees and applicants with respect to hiring, firing, promoting and other employment practices, the PWFA introduces an added layer of protection for employees.

Which employers must comply with the Pregnant Workers Fairness Act?

The PWFA only applies to businesses with 15 or more employees. These are known as covered employers.

What does the Pregnant Workers Fairness Act require?

The PWFA requires covered employers to provide reasonable accommodations to pregnant workers and job applicants. A reasonable accommodation is loosely defined as an adjustment made by an employer to create an equitable work environment for employees with a demonstrated need. Reasonable accommodations are already required under federal law for a host of traits other than pregnancy, including religion and disability.

Reasonable accommodations can vary based on the industry, the materials and resources available to the business, and what is possible or feasible to implement. Employers are not expected to provide accommodations that would impose an “undue hardship” on their business. Loosely defined, an undue hardship is an action that would cause the organization to incur significant difficulty or expense to complete or fulfill. In other words, an undue hardship is an unreasonable accommodation.

The Equal Employment Opportunity Commission (EEOC) provides the following examples of reasonable accommodations under the PWFA:

  • A place to sit 
  • The ability to drink water
  • A nearby parking space
  • Flexible hours
  • A uniform that fits
  • Appropriate safety apparel
  • Additional break time
  • Leave after childbirth
  • The right to be excused from strenuous activity
  • The right to avoid materials that are unsafe during pregnancy

The EEOC has released various educational resources relating to the PWFA:

What does the Pregnant Workers Fairness Act prohibit?

Covered employers are generally prohibited from refusing reasonable accommodations to pregnant employees or job applicants. In the same vein, businesses may not deny a job, promotion or similar benefit to a pregnant applicant or employee because the individual would need a reasonable accommodation to succeed in the role. And they cannot force a pregnant employee to take unpaid leave when a reasonable accommodation may be provided instead. Nor can they retaliate against an employee for requesting a reasonable accommodation, or for reporting discrimination under the PWFA.

Are there other laws protecting pregnant workers that your organization should be aware of?

In addition to state and local rules, various federal regulations protect pregnant workers, including:

  • The Pregnancy Discrimination Act, which amended Title VII and protects employees from discrimination on the basis of pregnancy
  • The Americans with Disabilities Act, which may protect certain disabilities arising from pregnancy 
  • The Family and Medical Leave Act, which requires businesses to provide employees with up to 12 weeks of unpaid leave after pregnancy
  • The Providing Urgent Maternal Protections for Nursing Mothers Act, which requires businesses to allow employees to express breast milk at work
How can you make sure you’re in compliance with applicable laws protecting pregnant employees?

Aside from the PWFA, there are many rules to be aware of regarding employer treatment of pregnant employees. You must comply with all applicable laws in the jurisdictions in which you do business or employ workers, including federal regulations, state laws and local ordinances. Many states and cities already have legislation in place requiring employers to provide reasonable accommodations (or similar benefits) to pregnant employees and applicants.

Keep in mind that if your state or locality imposes a requirement or prohibition that is stricter than those imposed by the PWFA or other federal laws, the state or local rule will apply. Reach out to your benefits broker and/or legal counsel for more information.

This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem.

For more information

If you have questions about these changes, reach out to our Human Resources Consulting team to learn more.

This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem. Please refer to your policy contract for any specific information or questions on applicability of coverage.

Please note coverage can not be bound or a claim reported without written acknowledgment from a OneGroup Representative.

Written content in blog post: Copyright © 2023 Applied Systems, Inc. All rights reserved.

Snowblower Safety Strategies

| December 13, 2023
pexels lauren hedges 9992258

9 Snowblower Safety Tips for Homeowners

When winter dumps inches or even feet of snow in your neighbourhood, a snowblower can be a handy tool. While a snowblower can quickly clear your driveway and sidewalks, it can be dangerous if used improperly.

If you have a snowblower or are thinking about getting one, here are nine safety tips to consider before the next snowstorm.

1. Review the manual. A snowblower is a dangerous piece of equipment. Don’t toss the manual aside and try to figure it out yourself. Read the instructions and pay attention to the safety features, including how to quickly power down the snowblower in an emergency.

2. Dress appropriately. Even on cold days, it’s easy to get overheated when you’re working outside. Dress in layers that you can strip off, if necessary, but watch out for loose sleeves and scarves that could get caught in the snowblower. Wear nonslip shoes or boots to reduce the risk of slipping on the ice, and wear earplugs to protect your hearing. Snowblowers can be extremely loud.

3. Clear debris. Before beginning snow removal, look around and clear any big rocks or fallen branches from the snowblower’s path. They could damage your machine or get launched by the snowblower and endanger people or property.

4. Watch out for kids and pets. Drifting snow and tall snowbanks can impede visibility. Make sure children and pets (yours or your neighbours’) are clear of the snowblower’s path and the snow cascading out of it.

5. Consider where you’re directing the snow. Never direct the discharge chute toward people, traffic, windows or other areas where damage or injury can occur.

6. Stay safe from fumes. Never start a gas-powered snowblower inside a shed or garage, even if the door is open. The fumes can be harmful or even deadly in enclosed spaces. Also, be sure the engine is off and cool before adding fuel to your snowblower to avoid a fire.

7. Keep your hands and feet away. Never stick your hand or foot in the spinning auger or discharge chute, even if the engine is off. If the machine clogs, turn it off. Wait at least five seconds or until the auger completely stops, then use a broom handle or another long, sturdy tool to remove the clog. And don’t remove or tamper with safety guards or other safety features.

8. Watch the cord. If you have an electric snowblower, be aware of where the cord is at all times. When you begin operating the snowblower, keep the cord away from the front en,d where it could be pulled into the auger. Always keep the cord behind you. If the cord gets caught in the machine and is severed, you could receive a shock or be electrocuted.

9. Keep a clear head and pace yourself. Pay attention to your task. Never operate a snowblower when you’re feeling drowsy or sleepy. Also, refrain from using alcohol, medication or drugs when operating a snowblower. Take frequent breaks to rehydrate and avoid overexertion. Seniors and people with high blood pressure, heart disease or diabetes should consult a doctor before using a snowblower.

Stay safe

Snowblowers can spare you the strain and exertion of shoveling, but they can be dangerous if not used correctly. Remember these safety tips to prevent injuries and property damage.

If you have questions about how your home insurance protects you during the winter months, contact your insurance broker. They can provide expert advice on keeping your home and loved ones sheltered from winter’s challenges.

Contact Us

Connect with one of our experts for more strategies to safeguard yourself this winter.

This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem. Please refer to your policy contract for any specific information or questions on applicability of coverage.

Please note coverage can not be bound or a claim reported without written acknowledgment from a OneGroup Representative.

Written content in blog post: Copyright © 2022 Applied Systems, Inc. All rights reserved.

OSHA’s Injury & Illness Electronic Reporting Requirements

| December 13, 2023
CRT Blog Post pic

2024 Updates

By Megan Coville, MS, OTR/L, ARM, CSPHP, CProMgrSU

Starting on January 1st, 2024, an additional requirement will go into effect for establishments, in certain industries, with 100 or more employees. This final rule indicates these establishments will not only maintain the OSHA 300 Log and OSHA 300a summary, electronically submit 300a summary data, also submit the OSHA Form 300A Summary, but they will also need to electronically submit information from their OSHA Form 300 Incident log as well as information from OSHA 301 forms, or employee incident forms.

Size of Establishment (physical location)2017-2023 Electronic Reporting Submission Requirements2024 Electronic Reporting Requirements
  250+ employees  SAME – Form 300A Summary  
20-249 employees – certain designated industries (by NAICS codes – Appendix A to subpart E of part 1904)  SAME – Form 300A Summary  
100+ employees – certain designated industries ((by NAICS codes – Appendix B to subpart E of part 1904) Form 300 Log and 301 incident reports – employee identifiable information excluded
Company vs. Establishment

An establishment is considered the physical location of an employer, not the total company. Some employers have multiple locations with their own employee base at any one of those locations. The number of employees associated with any one location is the number of employees to consider when determining if the establishment falls into one of these submitting categories.

NAICS Code

Each establishment should be assigned its own North America Industry Classification System (NAICS) code. This code describes the type of work performed at the establishment. A company with multiple locations can also have multiple NAICS codes depending on the operations at each establishment. The combination of the size of the establishment and the NAICS code will determine a company’s Electronic Reporting requirements. NAICS codes are determined by the employer. Websites such as this can assist in determining the best code to assign to an establishment.

Electronic Reporting

Establishments with over 250 employees will continue electronically submitting only their OSHA 300A forms. Establishments with 20-249 employees with NAICS codes on the Appendix A to subpart E of Part 1904, will also continue reporting their 300A Summary Form(s). 

Establishments with 100 or more employees with NAICS codes on the Appendix B to subpart E of Part 1904 will be required to submit data from their 300 Log Form and specific data from their 301 forms or incident forms, in addition to the OSHA 300A Form. 

What information will be included:
  • OSHA Form 300 Log of Work-Related Injuries and Illnesses: Case # (field A), Job Title (field C), Date of Injury/Illness (Field D), Specific location (Field E), Description of injury/illness (Field F)
  • OSHA Form 301 – Injury and Illness Incident Report, (or employer equivalent): Date of Birth (Field 3), Date Hired (Field 4), Gender (Field 5), Emergency Room Treatment (field 8), Hospitalization Inpatient (field 9), Case Number (field 10), Date of Injury/Illness (Field 11), Beginning of Shift Time (Field 12), Time of Event (Field 13), Description of Employee Activities Just Before the Incident (Field 14), Description of What Happened (Field 15), Description of Injury/Illness (Field 16), Objects / Substance Directly Harming the Employee (Field 17); Date of Death (Field 18)

If you are an employer who uses your own incident reports, that is okay as long as your forms are collecting the information that OSHA is requesting.

With all the information collected from the OSHA Form 301, OSHA does state it will not release establishment-specific data from these forms. The intention is to gather information for trending analysis purposes.

What data does not need be to be reported?

Data to be excluded to protect employee privacy is:

  • OSHA Form 300 Log of Work-Related Injuries and Illnesses: Employee Name (column B)
  • OSHA Form 301 – Injury and Illness Incident Report, (or employer equivalent) Employee Name (Field 1), Employee Address (Field 2), Name of Physician or Other Health Care Professional (Field 6), and Facility Name and Address if Treatment was Given Away From the Worksite (Field 7)
Why is OSHA doing this?

OSHA states the benefits of collecting this additional information is to allow for better analysis of trends in specific hazards while also helping to identify establishments who may benefit from outreach and/or enforcement to better protect employees. The data will also be available publicly which will allow stakeholders or potential stakeholders to make informed decisions about workplace safety and health at any given establishment. 

How the data is submitted

OSHA plans to continue to enable three methods of data submission: manual data entry, batch file, and API. In manual data entry, the user enters the data into a web form and then submits the web form. In batch file submission, the user uploads a CSV file (a delimited text file in which commas separate the values). In API (application programming interface), the user uses a software program that communicates directly with OSHA’s data collection program.

When data is due

2023 data is due to be electronically reported by March 2nd of 2024.

OneGroup will help

OneGroup will be providing OSHA Recordkeeping and Electronic Reporting educational webinars in January. Please also feel free to reach out to the OneGroup Risk Management department for specific questions on OSHA Recordkeeping and Reporting.

Learn More

To learn more reach out to Megan Coville, Director of Risk Management at MCoville@OneGroup.com.

Article source:  https://www.federalregister.gov/documents/2023/07/21/2023-15091/improve-tracking-of-workplace-injuries-and-illnesses#h-33

This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem. Please refer to your policy contract for any specific information or questions on applicability of coverage.

Please note coverage can not be bound or a claim reported without written acknowledgment from a OneGroup Representative.

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2024 Changes to State Minimum Wages

| December 7, 2023
Minimum Wage With Dollar & Pennies High Quality Stock Photo

Know if your state’s minimum wage is changing.

Many states are embracing the movement to offer workers a “living wage.” Twenty-four have announced increases to their minimum wages for 2024.

Read on to find out whether your business will be affected.

Which state minimum wages are changing in 2024?

Check the list below to see if your state is increasing its minimum wage requirements in 2024. Note that some states automatically adjust their minimum wage for inflation each year. Unless otherwise noted, the new wage requirements take effect Jan. 1, 2024.

  • Alaska: The state’s minimum wage increases annually using an inflation-based cost-of-living adjustment. It is expected to rise from $10.85 to $11.73, based on Bloomberg Tax calculations.
  • Arizona: The state’s minimum wage will increase from $13.85 to $14.25 per hour. (Flagstaff, Arizona has a higher minimum wage for employees in its city. Flagstaff’s minimum wage is $17.40.)
  • California: The state’s minimum wage will increase from $15.50 to $16 per hour.
  • Colorado: Colorado’s minimum wage will rise from $13.65 to $14.42. The hourly tipped minimum will rise from $10.63 to $11.40.
  • Connecticut: In accordance with a state law passed in 2019, Connecticut will increase its hourly wage five times. Future yearly increases will be tied to the U.S. Department of Labor’s Employment Cost Index. In 2024, Connecticut’s minimum wage will increase 4.6%, to $15.69.
  • Delaware: The state’s hourly minimum wage increases incrementally over a period of years. In 2024, it will rise to $13.25.
  • Florida: The state’s minimum wage will rise to $13 on Sept. 30, 2024.
  • Hawaii: The state’s minimum wage will increase to $14. It will continue to rise $2 every two years.
  • Illinois: The state’s minimum wage will rise from $13 per hour to $14 per hour, and will increase again by $1 in 2025.
  • Maine: The state’s minimum wage will increase to $14.15 per hour.
  • Maryland: The state’s minimum wage will increase to $15 per hour for employers of all sizes. The state will depart from its previous wage-by-employer-size structure.
  • Michigan: The state’s minimum wage is set to increase from $10.10 to $10.33 per hour.
  • Minnesota: “Large” Minnesota employers must raise their minimum wage from $10.59 per hour to $10.85 to account for inflation. “Small” employers must raise their minimum wage from $8.63 to $8.85 per hour. Large employers are those with annual gross revenues of $500,00 or more. Small employers are those with less than $500,000 in annual gross revenue. Both increases represent a 2.5% jump from 2023’s rates. (Note that Minneapolis and St. Paul have higher minimum wages.)
  • Montana: The state’s minimum wage will increase from $9.95 to $10.30, representative of a cost-of-living adjustment.
  • Nebraska: The state’s minimum wage will increase from $10.50 to $12 an hour. It will continue to rise $1.50 annually until it reaches $15.00 an hour in 2026.
  • Nevada: The state’s minimum wage will rise from $11.25 to $12 an hour.
  • New Jersey: The state’s minimum wage will rise from $14 to $15.13 an hour.
  • New York: The state’s minimum wage will rise to $15. It will continue to rise by $.50 a year until 2026. (In New York City, Long Island and Westchester, the minimum wage will rise to $16 an hour in 2024.)
  • Ohio: The minimum wage will rise from $10.10 to $10.45. The tipped worker minimum wage will rise from $5.05 to $5.25.
  • Oregon: As of July 1, 2024, the state minimum wages are as follows:
    • Standard: $14.70
    • Portland Metro: $15.95
    • Nonurban Counties: $13.70
  • Rhode Island: The state’s minimum wage will increase from $13 to $14 an hour.
  • South Dakota: The state’s minimum wage will increase from $10.80 to $11.20 an hour.
  • Vermont: The state’s minimum wage will rise from $13.18 to $13.67 per hour.
  • Washington: The state’s minimum wage will rise from $15.74 to $16.28 per hour.
States that are keeping their minimum wages in 2024

All other states are maintaining their current minimum wages:

  • Alabama
  • Arkansas
  • District of Columbia
  • Georgia
  • Idaho
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Lousiana
  • Massachusetts
  • Mississippi
  • Missouri
  • New Hampshire
  • New Mexico
  • North Carolina
  • North Dakota
  • Oklahoma
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • West Virginia
  • Wisconsin
  • Wyoming
Is the federal minimum wage changing in 2024?

As of now, it appears the federal minimum wage will remain $7.25 per hour. The federal rate has not changed since 2009.

If you have tipped workers, their minimum wage is $2.13 per hour. However, if the amount of tips a worker receives does not bring their total hourly wage to $7.25, you must pay them the difference.

Stay on top of your compliance obligations

With the rise of remote and hybrid work, it’s more important than ever to stay on top of the minimum wage rules in the states where you operate and hire employees. If you have questions about your compliance, reach out to our Human Resources Consulting team to learn more.

This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem. Please refer to your policy contract for any specific information or questions on applicability of coverage.

Please note coverage can not be bound or a claim reported without written acknowledgment from a OneGroup Representative.

Written content in blog post: Copyright © 2024 Applied Systems, Inc. All rights reserved.

8 Crucial Things to Include in your Employee Handbook

| December 7, 2023
Employee handbook with pen on desk

Keep your policies current.

Does your employee handbook reflect the ever-changing laws and regulations that affect your workplace? Experts recommend you update your employee handbook every year to give your employees the most current information — and keep your policies current. Here are eight ways to help you do just that.

1. Acknowledgment: Getting sign-off and agreement from employees

On the signature page of your handbook, include statements that the employee:

  • Has read and comprehends the current version of the handbook 
  • Agrees to follow your policies now and in the future
  • Understands that the handbook replaces any previous versions
  • Understands they are employed at will
  • Understands the handbook is not a contract
  • Understands you may change your policies in the future

Remember to include contact information in case the employee has questions.

2. Wage and hour issues

Misunderstandings about money can lead to conflicts with your employees. Explicitly defining what is and isn’t covered upfront can help avoid any problems later. Consider including statements:

  • Confirming you will pay employees for all hours worked
  • Clarifying when employees are required to get a supervisor’s approval before working overtime
  • Explaining whether employees are completely relieved of their duties during unpaid breaks (for example, whether a receptionist on an unpaid lunch break is relieved of greeting visitors or answering phone calls)
  • Clarifying whether employees are paid for attending business meetings during lunch, participating in in-service trainings or taking short breaks
3. Paid time off and leaves of absence

Paid time off (PTO) is an attractive perk for your employees. But just how much are they entitled to? Can they lose it? And what about paid leaves? Your employee handbook should precisely outline what types of leave an employee is entitled to. Be sure to align your policy with current law. Here are some questions to consider:

  • Are vacation time, sick time and personal time combined into one bucket of PTO?
  • Does your PTO policy provide incentives? For example, are employees rewarded for using PTO during seasons when business is slower?
  • Does the handbook include information about what happens to PTO when employment ends? Is unused PTO applied to the employee’s last paycheck?
  • If the Family and Medical Leave Act applies to your business, does the handbook inform employees of their rights?
  • Is your equal employment opportunity (EEO) policy included?
  • Are all types of available leave listed? For example, have you included pregnancy leave, bereavement leave, paid sick leave, and time served as a juror or witness? Are they all paid?
4. Reasonable accommodations

The law requires employers to provide reasonable accommodations in certain situations. Clearly explain your EEO policy in the handbook, and include contact information for accommodation requests. 

5. At-will policy

If applicable, you may want to have a stand-alone at-will policy in addition to a mention of “at-will” on the signature page. Be sure to follow federal and state guidelines related to at-will employment.

An at-will policy should include:

  • An explanation of what “at-will” employment is
  • A statement confirming that “at-will” employment cannot be modified except by written agreement, such as a collective bargaining agreement
6. Discrimination, retaliation and harassment

A harmonious workplace yields great returns. Yet discrimination, harassment or retaliation can sometimes worm their way in. A thoughtful, thorough policy affirms your commitment to a legally compliant, respectful workplace. Work with local attorneys to ensure your policy complies with all applicable federal, state and local laws.

Your policy should include:

  • A section stating how employees are protected against discrimination, retaliation and harassment
  • A clear explanation of how employees can report instances of discrimination, retaliation or harassment (If there are alternative reporting paths, provide those details. For example, can your employees bring their concerns to another person besides their immediate manager? This prevents employees from feeling they have to complain to the very person they are having an issue with.)
  • A statement that illegal and disrespectful behavior will not be tolerated in your workplace, and that all complaints will be promptly and thoroughly investigated
7. Labor law issues

If you have union employees, include a statement that nothing in your handbook is intended to conflict with any collective bargaining agreements. Also, note that the National Labor Relations Act provides some protections even to employees who are not members of a union, such as the right to discuss their wages and other conditions of employment.

8. Other considerations

  • To make sure your employee handbook is as complete as possible, consider these questions:
  • Do you have a progressive discipline policy? If so, do you reserve the right to deviate from this policy?
  • Do you have a confidentiality policy that tells your employees what information they must keep private?
  • Do you reserve the right to inspect company computers and email accounts?
  • Do you have a social media or medical marijuana policy?
  • Do you have a policy regarding the use of generative artificial intelligence (AI) at work for internal and/or external purposes?
  • If you have other policies, does it make sense to incorporate them into the handbook? If so, include policies currently in effect.
  • Does the handbook contain any provisions that you’re unlikely to enforce? For example, does the handbook prohibit employees from using social media? Does it prohibit employees from talking on the phone while driving? If so, it’s best to exclude those provisions from the handbook.

Your employee handbook sets the stage for a rewarding relationship with employees. Keep it up-to-date and concise to help everyone stay on the same page.

Contact Us

Reach out to our Human Resources Consulting team for more information about employment-related rules and regulations or for help with drafting your handbook. You may also wish to consult with an employment lawyer familiar with all applicable state, local and federal laws to ensure your handbook policies are legally sound. 

This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem. Please refer to your policy contract for any specific information or questions on applicability of coverage.

Please note coverage can not be bound or a claim reported without written acknowledgment from a OneGroup Representative.

Written content in blog post: Copyright © 2023 Applied Systems, Inc. All rights reserved.

Insurance Renewals – Navigating the Hard Market

| December 6, 2023
Construction Safety Helmets

Actions That Aid Results

By Brett Findlay, ARM, CRIS

The New York construction industry, and realistically the entire New York business landscape, is in the midst of an insurance hard market. The lack of insurance availability and the pricing volatility associated with it is leaving consumers in a difficult place when it comes to their insurance renewals. Although insurance options may be limited, it’s critical to know what or who those options are and when to approach them. Proactively managing your program can be an effective solution to unpredictable insurance renewals.

A hard insurance market is characterized by an increased demand for insurance coverage coupled with reduced supply. Underwriting guidelines from the carriers will become more stringent, policies issued by carriers will decrease, premiums are higher, and carriers are less willing to negotiate terms. The current market is hard and exhibiting all of those tendencies. The questions is, how do you proactively and effectively manage your program to counter the marketplace?

There are a couple simple strategies you can deploy to make this process more manageable and limit surprises and negative outcomes for your business.

Know where to look. A lack of options and higher prices are attributable to most coverage lines of insurance right now, including but not limited to property, commercial automobile liability, and umbrella liability. Identifying the key coverage lines of your program and asking your agent what the renewal is looking like early in the process is the first step. At that point, you should be gathering the data necessary for the carriers to quote those lines for you. Accurate data, provided in full 90+ days prior to the renewal date, will help your cause.

Be ahead of the renewal. By starting the renewal process early, 90+ days out, and by utilizing a broker who understands your business and the insurance marketplace, you’re putting yourself in a better position. It’s critical to select a broker that has availability to those necessary carriers. Ask the broker at that early stage what their marketing strategy is, what carriers they’ll be approaching and why.  Some of the carriers may need to visit your operations and meet with key team members in advance of providing alternatives. As they are interviewing you, this is a great time to ask them questions to see if a partnership would be a good fit for your operations and growth strategy. This is a key reason for why timing is so important. When you are discussing this process with your agent, if you’re not comfortable with their answers, it may be time to find a new one.

Know the landscape (and how to work within it). Much like the construction industry, insurance companies aren’t immune to staffing shortages either. Underwriters are going to work on accounts where they have all the data necessary to finish their process and in a timely manner. If you are not in front of them early, with what they need, the likelihood that you’ll be getting their best is drastically reduced.

It’s equally important that your agent is competent in representing your best attributes. The ability of that agent to forecast the costs and insurance availability with the proper insurance carrier should be a pre-requisite. Knowing how to communicate your businesses story is also key. You need someone who knows construction, knows your business and knows the carriers and underwriters that are writing insurance competitively for your type of operations.

Relationships Matter. A broker’s relationship with their carriers is every bit as important as your relationship to your agent; there are two sides to the relationship. Having an agency that is well respected in the local insurance marketplace is critical to getting the best program in place at the most competitive cost. This becomes even more critical when the availability of options is limited. I firmly believe that instead of selecting multiple brokers to “quote” your insurance, it’s significantly more beneficial to interview brokers and select one to represent you. You’ll garner greater respect and attention to your business if the local underwriters know that you’re serious about your program and who represents it. If they get multiple submissions from different agents, and the data those agents submit is conflicting, the likelihood that you’ll get their best is also limited.

A hard market is rarely a fun process to go through, but you can proactively position your business to handle the situation. Talk to your agent, prepare yourself for the unexpected and the possibility of having to market your insurance, and get in front of the curve. Contractors, especially in today’s economic landscape, must be sharper than ever to increase or even maintain profit margins. Preparing yourself for a hard market and forecasting any potential dramatic increases to your insurance costs, will put you in a better position to control those margins.

For more information please contact Senior Vice President, Business Risk Specialist Brett Findlay at BFindlay@OneGroup.com.

This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem. Please refer to your policy contract for any specific information or questions on applicability of coverage.

Please note coverage can not be bound or a claim reported without written acknowledgment from a OneGroup Representative.

Claim Mitigation & Investigation

| December 1, 2023
pexels jiyoung kim 4513940

Identifying “Red Flags” & Best Practice for Pre-Existing Accidents/Injuries. 

By: Michelle Namisniak

Managing the claims is one of the keys to protecting your business and controlling your insurance costs. Below are some tips from our OneGroup claims professionals on how to best identify “red flags” in claim management, as well as understanding how to best mitigate your claim costs or exposure practice for employees with pre-existing injuries or accidents.

If a claim is filed, investigate and gather facts to see if a prior injury or condition can be identified that may be a contributing cause of the new injury. Investigate and identify the following facts:

  1. The extent of the prior injury.
  2. If the prior injury was also work-related.
  3. When the employee was last treated for the injury prior to the new accident date.
  4. Gather names and contact information for all treatment providers.
  5. Obtain a signed HIPAA and request the prior medical records in order to consider:
    • Pre-injury status to see if a denial is warranted.
    • If there is any apportionment.
    • Accepting the claim as a temporary aggravation of a pre-existing injury, and stopping payment for medical treatment once the employee is back to baseline status.  

If an employee is unable to return to work in an established claim and their status is terminated, negotiate a full and final Section 32 settlement of the claim to reduce your exposure and dispose of the claim. Consider annuitizing the medical portion of the settlement for an approximate 30% savings of the medical spend.

Understanding these factors can positively impact not only the time frame of a claim and the rate at which healthy workers are able to return to their jobs, but also the containment of insurance premiums and healthcare costs and the maintenance of productivity in your workplace.

Our claims professionals will assist your team in all aspects of the claim process. From analyzing your operations and risk exposures, to reviewing what to report and advocating for choice of counsel, to monitoring reserves and engaging with the insurance adjuster, we work on your behalf to facilitate the best outcome.

Contact us

For more information please contact Brett Findlay, Vice President Business Risk Specialist at (315) 280-6376 or BFindlay@OneGroup.com

This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem. Please refer to your policy contract for any specific information or questions on applicability of coverage.

Please note coverage can not be bound or a claim reported without written acknowledgment from a OneGroup Representative.

Written content in blog post: Copyright © 2020 Applied Systems, Inc. All rights reserved.

Snowmobile Insurance for Winter Enthusiasts

| December 1, 2023
Snowmobile Insurance for Winter Enthusiasts

One of the joys of winter for many people is the thrill of snowmobile adventures.

But accidents can happen to even the most careful sled drivers. Make sure you have adequate insurance to cover the costs of any potential damage or injuries.

Snowmobiling can be an exhilarating but risky winter sport. Today’s high-powered machines can weigh as much as 600 pounds, reach speeds as high as 200 miles per hour and cost well over $10,000. Property damage and injuries from snowmobiling accidents can be severe.

Snowmobiles aren’t usually included under your homeowners or auto insurance policy, so you will likely need separate coverage.

Policies can provide coverage for damages to the machine and personal injury, as well as your legal liability if you’re responsible for another person’s injuries or property damage.

Liability coverage

Some states require you to have liability insurance for your snowmobile, which helps cover costs if you damage someone else’s property or injure someone else in an accident. Even if your state doesn’t require this coverage, it’s a good idea to have it.

The amount of coverage depends on the limits you set when you buy your policy. Minimum liability coverage may be sufficient if an accident doesn’t involve serious injuries or extensive property damage.

But if the costs of the accident exceed your coverage limits, you’ll be responsible for paying the rest out of your own pocket. An umbrella policy can provide additional coverage beyond the limits of your existing policies.  

Collision coverage

Collision coverage helps pay for the cost of repairs if you damage your snowmobile in an accident, whether you hit a rock or collide with another snowmobile on the trail.

Comprehensive coverage

Comprehensive coverage can help pay for repairs or replacement if your sled is stolen or damaged by something other than a collision. Covered risks may include sinking through the ice on a frozen lake or river, along with:

  • Fire
  • Hail
  • Hitting an animal
  • Smoke
  • Theft
  • Vandalism
  • Damage from a falling object

Additional optional coverages

You may want to consider several additional kinds of insurance for your snowmobile, including but not limited to the following:

  • Accessories and custom parts/equipment. Accessory coverage is for items or extra equipment installed on the snowmobile that weren’t factory installed, like windshields, special paint, engine performance equipment, skid plates, storage bags or GPS, and safety apparel like helmets.
  • Medical payments. Medical coverage pays for hospital bills, regardless of fault, if you, your passengers, or anyone involved in a snowmobile accident is injured.
  • Roadside assistance. If you get stranded on the trail due to a dead battery, mechanical problem or other issue, roadside assistance coverage lets you call for help and hitch a ride to the nearest repair facility, at no cost to you.
  • Transport trailer. If the trailer you use to haul your snowmobile is damaged, stolen or totaled, repairing it or buying a new one could set you back financially. Investing in trailer insurance can protect you from this expense.
  • Uninsured/underinsured motorist bodily injury and/or property damage. This type of coverage protects you or someone riding your snowmobile for bodily injury, property damage and financial loss resulting from some other snowmobiler who hits you and has no insurance or liability limits less than your own policy.

Cost

The cost of insurance for your snowmobile varies depending on the coverage you buy and the type of machine you drive, as well as where you live and ride and some other factors.

Reach out to your insurance professional for more information about your snowmobile insurance options so you can be sure to get the right type and level of coverage.

Contact Us

Connect with one of our experts to learn more about how we can help with your snowmobile insurance.

This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem. Please refer to your policy contract for any specific information or questions on applicability of coverage.

Please note coverage can not be bound or a claim reported without written acknowledgment from a OneGroup Representative.

Written content in blog post: Copyright © 2020 Applied Systems, Inc. All rights reserved.

DOL Proposes Change to Overtime Threshold

| November 30, 2023
Basic Calculator On Desk

Know who is eligible for overtime pay.

On Aug. 30, 2023, the United States Department of Labor (DOL) announced a proposed revision to the Fair Labor Standards Act. The change is being labeled as a revision to the federal overtime rule, which would affect who is eligible for overtime pay — time-and-a-half for hours worked over 40 in a given work week.

Federal overtime threshold would increase to $1,059 per week

The proposed rule would guarantee overtime pay for most salaried workers earning less than $1,059 per week, which works out to $55,068 per year. Currently, the overtime threshold is $684 per week, or $35,568 per year. 

If the change goes into effect, employers with exempt employees earning less than $55,068 per year will need to either:

  • Reclassify those employees as nonexempt (and therefore eligible for overtime pay), or
  • Raise their pay above the new threshold

Note that the federal overtime rules represent a floor rather than a ceiling. Certain states and municipalities have overtime rules that are more generous to employees. 

Other proposed changes

The DOL says the proposed rule would also:

  • Increase the total annual compensation requirement for highly compensated employees (HCEs). The new compensation requirement would equal the annualized weekly earnings of the 85th percentile of full-time salaried workers nationally. This comes out to $143,988 per year based on current data. The existing threshold is $107,432.
  • Automatically update the salary threshold and HCE threshold every three years to reflect current earnings data
  • Apply the overtime salary threshold to U.S. territories where the federal minimum wage applies

The proposed rule would not affect the current job duties tests for overtime pay, which must be satisfied before an employee can be declared exempt. 

Next steps

The DOL’s comment period closed on Nov. 7. The DOL will now decide whether to issue the rule as originally proposed, issue a revised version, or drop the proposal altogether. This process could take up to a few months. If the rule change goes through, it will almost certainly be challenged in court.

What you should do to prepare

The proposed revision is not yet in effect, and it may never take effect. Still, the best course of action is to start preparing now.

Start by looking at which of your employees are classified as exempt. Then, review their total annual pay. 

If any exempt employees make less than $1,059 per week/$55,068 per year, you will need to decide whether to pay them more or reclassify them as nonexempt if the proposed rule becomes final. 

The law firm Fisher Phillips recommends that employers start tracking the hours of these employees now to better “understand the potential impact of converting to non-exempt status and to make an informed decision when the time comes.” You should also start considering the potential impact on benefits. 

Need more information?

The DOL has released a FAQ page about the proposed rule making. 

To learn more about how the DOL’s proposed revision could affect your business, contact your benefits broker or legal counsel.

Contact Us

Reach out to our Human Resources Consulting team to learn more.

This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem. Please refer to your policy contract for any specific information or questions on applicability of coverage.

Please note coverage can not be bound or a claim reported without written acknowledgment from a OneGroup Representative.

Written content in blog post: Copyright © 2023 Applied Systems, Inc. All rights reserved.

10 Ways to Thank Your Employees

| November 30, 2023
Planning, communication and strategy meeting with business people for management, innovation and advertising. Support, marketing and teamwork with employees in office for goals, vision or analytics

Show your employees you appreciate them.

Showing appreciation is just as important in the professional world as it is in personal relationships. In fact, a survey by Glassdoor found that more than 50% of employees would stay longer at their jobs if they felt more appreciated. 

Frequently thanking your employees certainly goes a long way, but there are also some simple gestures you can make to show your appreciation. Here are 10 ideas from the employee rewards platform Bonusly. 

  1. Write a thank-you note. A handwritten note is best, but an email can also be impactful if the message is genuine. Be sure to include specifics about what the employee has done or achieved. 
  2. Organize a team-building activity. Doing a creative activity like a cooking class can boost morale and help you bond with your employees. 
  3. Give a gift card. It’s a simple gesture, but it shows thoughtfulness. 
  4. Offer an afternoon off. Whether it’s a half day before a holiday weekend or it’s completely spontaneous, giving unexpected time off shows you support work-life balance. 
  5. Take your team out to lunch. Or, if you have remote employees, coordinate a virtual team lunch and let your employees expense a meal from their favorite local restaurant. 
  6. Have a happy hour. Whether you go out for drinks in person or have your employees snuggle up with a beverage of choice over Zoom, this is a fun way to decompress and connect on a personal level. 
  7. Bring in some treats. If you have a small team, you can even personalize the gesture by selecting a favorite dessert or ordering from a favorite bakery. For remote employees, you can assemble a gift basket with their favorite snacks. 
  8. Send a desk plant. Remote employees might not go outside as much as in-office workers. A simple plant can help improve air quality, prevent illnesses, reduce stress and boost overall well-being. 
  9. Give a subscription to a wellness app. There are many to choose from, but they all say you care about your employees’ mental and emotional health. 
  10. Create a video or piece of artwork that showcases your employees and their unique contributions. 

All of these gestures are small but meaningful. The key is to be genuine. 

Contact Us

Reach out to our Human Resources Consulting team to learn more.

This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem. Please refer to your policy contract for any specific information or questions on applicability of coverage.

Please note coverage can not be bound or a claim reported without written acknowledgment from a OneGroup Representative.

Written content in blog post: Copyright © 2023 Applied Systems, Inc. All rights reserved.