Does Your Drug Use Policy Address the Legal Use of Marijuana? It Should

| April 3, 2025
Medical Marijuana

More employees are using marijuana than ever before. Without a simple way to detect impairment, you need a drug use policy designed to address the issue.

In the U.S., the legalization of marijuana (also known as cannabis, pot or weed) began in 1996 in California. Since then, dozens of states have legalized the use of the drug in some form.

Marijuana use is growing

Marijuana is the most commonly used illicit drug in the U.S. It can be smoked, vaped or consumed as a food. According to a recent Quest Diagnostics Drug Testing Index, marijuana also continues to top the list of most commonly detected illicit drugs across all workforce categories.

In general, the rate of positive test results has increased 17% since 2014. For safety-sensitive occupations, positive tests grew at nearly twice that rate since 2014. This includes federally regulated jobs such as pilots, bus drivers and truck drivers. It also includes construction workers and nuclear power plant employees.

Testing can be problematic

Testing for marijuana impairment is complicated. The methodology is easy to implement. However, proving intoxication, when usage occurred and the employee’s level of impairment is almost impossible.

  • Urine testing shows the presence of the drug for several days after use and does not prove impairment.
  • Blood testing can pinpoint THC in the bloodstream but cannot relate its presence to impairment.
  • Saliva testing can detect THC immediately but can simply indicate environmental exposure.
  • Sweat and hair testing can show a cumulative record of drug use. Both these methods take an inordinate amount of time and can easily produce false positives.

Leading toxicologists believe that simple testing for marijuana impairment is potentially years away.

Quest Diagnostics also found that many workers try to “cheat the test.” Invalid tests of urine specimens from safety-sensitive employees increased 80% from 2018. The number of invalid results from the general workforce increased 40%.

Detecting marijuana use at work

THC, along with other chemicals in the plant, is absorbed through the lungs or digested. It is carried through the body to the brain. If the drug is smoked or vaped, the effects are almost immediate. Effects from consuming THC through food or drink can be delayed by up to an hour.

As medical and recreational use became legal in multiple states, new consumer products with marijuana were developed. That means more employees are now consuming marijuana through oils or edibles like cookies and candy, making it incredibly hard to identify use of the drug in the workplace.

There is little to no research on how productivity is affected by the use of marijuana. THC levels depend upon how the employee ingests the drug and can vary greatly between subjects.

Research to determine impairment levels is ongoing. Experts are measuring an individual’s productivity when they are drug-free as compared to trials when they have THC in their system. Again, simple tests for marijuana impairment (similar to those performed for alcohol intoxication) are potentially years away.

Creating an effective policy

Employers looking to limit their exposure to the risks of marijuana use at work need a policy that protects them but, at the same time, accommodates employees who use the drug medicinally.

Most experts agree that unless you maintain federal contracts or employ federally regulated safety-sensitive workers, zero-tolerance policies are losing ground. At a minimum, the HR organization SHRM recommends a policy that:

  • Prohibits the use, possession, sale, distribution or manufacture of drugs and drug paraphernalia at work
  • Prevents employees from coming to work while under the influence of drugs
  • Reserves the right to search workspaces with reasonable suspicion of drug use
  • Ensures compliance with applicable federal, state and local law

You may also want to consider offering employees with minor infractions a second chance. To do so, your policy can focus on:

  • Training for supervisors — what to look for and how to approach employees
  • Confidential access to peer recovery support
  • Ongoing drug education and outreach
  • Rehabilitation coordination with your wellness and employee assistance programs

If you have employees in multiple states with conflicting laws, you must be consistent when testing and disciplining employees. Be sure to talk to your broker or benefits adviser if you have questions about creating a multistate policy. They can work with you and legal counsel to be sure you are acting in the best interest of your organization and your employees.

Maintaining a safe workplace

Once you have established your new policy, it’s important to continue educating employees. Creating awareness of the policy and any repercussions for violation are key to maintaining a safe workplace.

The National Drug and Alcohol Screening Association recommends that employers:

  • Adopt a sound drug testing policy
  • Make employees aware of the policy with regular updates
  • Enforce the policy consistently
Need help?

If you need help establishing such a policy, contact your broker or benefits adviser, or HR consultant. They can help create a system that informs, educates and encourages adherence. For support on this topic, contact our HR Consulting team.

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.

Insurance Concepts You Need To Know Before a Claim

| April 2, 2025
home finances

Learn the key concepts in a claim so you and your agent can advocate for your interests.

Events that trigger insurance claims are almost always stressful. Filing a claim can be stressful, too. Understanding some concepts and terms you’ll encounter during the claims process can help offset that stress. 

Your agent is always there to help you, but sometimes it’s nice to have the information beforehand. Keep this as a reference.

Insurance concept or termWhat it means
Independent insurance agentAn independent insurance agent is licensed to sell policies from multiple insurance companies, not just one. They offer a broader range of coverage options and price points. They represent the client’s interests and have no affiliation with a specific insurance provider. They work for an independent insurance agency.
Independent insurance agencyAn independent insurance agency employs independent insurance agents. Independent agencies sell insurance for multiple insurance companies. They can present you with options from several insurance companies.
Captive agent or “captive”A captive agent is a licensed insurance agent who can only sell policies underwritten by their insurance company. They cannot present clients with options from other insurance companies. A captive agent is an employee of the insurance company.
Insurance company or “carrier”A carrier is a business entity that provides various insurance policies to individuals or businesses in return for premium payments. They absorb your financial risk by covering your losses after an incident.
Underwriting and underwritersUnderwriting is a process the insurance carrier uses to determine the risk they’re taking to insure you. They evaluate data like your driving or medical history to establish whether you’re a good or bad risk. They charge you based on that risk and give you a “risk rating.” The underwriter is the individual or group in charge of determining your risk rating, whether to insure you and how much to charge. After a claim, your risk rating may increase.
Claims representativeWhen you file a claim, you will be assigned a claims representative or “claims rep.” They’re an employee of the insurance company. They examine your claim to determine the company’s liability, coordinate investigations and claims adjusters, negotiate settlements and authorize payments. Their primary role is to facilitate your claim. They are not associated with your independent insurance agent or agency. They represent the insurance company’s interests.
Claims adjusterA claims adjuster is a professional who investigates insurance claims on behalf of the insurance company. They determine the insurance company’s liability to pay you and how much. They evaluate if your claim is legitimate, assess the damage and determine a settlement amount. Adjusters may work directly for the insurance company or as independent contractors.
Independent insurance adjuster or “public adjuster”An independent insurance adjuster is a professional claims handler who advocates for you in appraising and negotiating your claim. You hire them, not the insurance company. They are different from the claims adjusters the insurance company sends. Public adjusters work for your interests, assessing damage, preparing independent estimates and reading your policy to determine the extent of your coverage. Public adjusters negotiate with the insurance company’s claims adjuster. They can be helpful if you have a complicated claim or you feel the insurance company isn’t adequately compensating your loss.
Premium paymentsA premium is the money you pay to keep your insurance policy active, usually a monthly or yearly payment. You should continue to pay your premiums even if you have a claim pending.
DeductibleA deductible is the amount you must pay before your insurance company pays. For example, say you have an auto claim for $4,000 and your deductible is $500. You’d pay $500 and the insurance company would pay $3,500.
Document submissionWhen you file a claim, you’ll need proof of the incident and any losses you’ve suffered. Documents can include pictures, police reports, witness statements and other relevant information. The insurance company will ask you to submit this documentation to support your claim.
Claim processing timeThis is the time it takes to approve or deny your claim. Depending on the complexity, a claim can take several days to weeks to process. You’ll get regular updates from the insurance company. Call your insurance agent or claims representative if you have questions.
Claim status and progressThe claim status is the stage your claim is in. The progress shows how far the claim has come in the timeline of a claim. You might have a self-service portal or account to check for these updates. You might get texts or emails to indicate progress on your claim. Or you can contact your claims representative.
Claim rejection or denialA claim is rejected if the insurance company determines it does not qualify as a covered peril based on your insurance policy terms. The insurance company must provide a written explanation and the section number in your policy used to deny your claim.
Claim appealYou can file a claim appeal if you disagree with the claim denial. You have a limited time to appeal a claim, usually 14 days from the date you receive your written notice of claim denial. You can consult a lawyer or public adjuster to assist you with the claim appeal.
Claim approvalA claim is approved if it qualifies as a covered peril. You will receive an offer of compensation for your loss. If you disagree with the offer, you can contest it. If you sign an offer of compensation, you cannot appeal it.
Claim cancellationOnce you’ve filed a claim, you cannot cancel it. The claim will remain on your insurance record. If you’re unsure whether to make a claim, talk to your independent insurance agent first.
LossA loss is the damage suffered due to an incident. A loss can include damage to a person’s or business’s property or belongings. It can also be a physical, emotional or reputational injury.
Third partyA third party is someone other than yourself, or other individuals or entities covered by your insurance. For example, if you get into a car accident, the other people involved are the third parties. Another example is when you damage your neighbor’s property. Imagine you’re mowing your lawn and your lawn mower throws its blade. The blade smashes into your neighbor’s house and damages the siding. In this scenario, your neighbor is the third party. Going further with the example, let’s say you find out your lawn mower model often throws blades due to a manufacturing defect. If you sued the manufacturer, you’d be the third party because you suffered a loss due to their defective product.
ExclusionAn exclusion is an event, item, circumstance or incident your insurance policy doesn’t cover. For example, home insurance policies exclude damage from flooding.
EndorsementYou can resolve some exclusions by buying special insurance to cover them. This special insurance is called an “endorsement” or “rider” or a “scheduled item.” A common example is sewer backup coverage, which protects your property from damage caused by sewer, drain, sump pump or septic system failures.
PerilA peril is an event or circumstance that causes loss or damage. Examples of perils are fires, vandalism, defamation, car accidents and dog bites. Your insurance policy specifies which perils are covered and which are not.
Additional living expenses (ALE) If your home is uninhabitable due to a covered claim, your policy may cover temporary housing and living expenses, like hotels and restaurants. Policies differ, so talk to your agent about whether you need to add ALE as an endorsement.
Replacement value (RV)Replacement value covers the cost of replacing a lost or damaged item with a new item of a similar kind and quality. For example, let’s say you purchased a television five years ago for $1000. Your TV is stolen. A similar TV would cost around $1500 today. You will get $1500 to buy a new TV.
Actual cash value (ACV)Actual cash value looks at how much your item is worth at the time of loss or damage, taking depreciation into account.Going back to the television example, you paid $1000 for your TV five years ago, and a similar TV would cost around $1500 today. If the guideline is that a TV has what’s known as a “useful life” of 10 years, your stolen 5-year-old TV had 50% of its useful life left.ACV = replacement cost x useful life remainingACV = $1500 x 50% = $750Obviously, this is less than the replacement value and not enough to pay for a comparable new TV.
Discuss with your agent

This isn’t an exhaustive list of insurance concepts and terms, but it gives you a good start. Your agent will help you sort the claims process and determine if filing a claim is in your best interest. Looking for help with this topic or need help with claim? Contact us here or call 800-268-1830.

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.

No Specific Credible Threat Targeting Hospitals

| March 27, 2025
Stethoscope and clip board on doctor workplace close up

AHA & Health-ISAC Joint Threat Bulletin

As of March 26, 2025 the FBI has advised that, after an extensive investigation and intelligence review, they have not identified any specific credible threat targeted against hospitals in any U.S. city. If credible threat information is received, the FBI will immediately notify any identified potential targets and, if appropriate, alert the broader health care sector through the AHA, Health-ISAC, and other channels.

Background

On March 18, 2025, the American Hospital Association (AHA) and Health-ISAC (Health Information Sharing and Analysis Center) received multiple reports from the field regarding a public social media post alleging active planning of a coordinated, multi-city terrorist attack targeting hospitals in the coming weeks. Out of an abundance of caution, the AHA and Health-ISAC notified the field of the potential threat, indicating that no further information was available to either corroborate the threat or dismiss it as not credible. Generally, foreign terrorist groups do not publicize their upcoming attacks. The bulletin also advised that, regardless of the credibility of the specific threat, the widely viewed post might encourage others to engage in malicious activity directed toward the health sector.

Recommendations

Standard vigilance should be maintained, including a visible security presence to deter any act of targeted violence on hospital premises. As always, suspicious or threatening activity should be reported to local law enforcement

Contact Us

Watch for further information from the AHA and Health-ISAC on future potential threats. Health-ISAC provides this information to prevent the successful exploitation and disruption of your security apparatus. For more information, see Health Industry Cybersecurity Practices (HICP): Managing Threats and Protecting Patients or contact our Risk Management team.

Further Questions

If you have further questions, please contact John Riggi, AHA national advisor for cybersecurity and risk, or Scott Gee, AHA deputy director for cybersecurity and risk.

Related Resources: American Hospital Association, & Health Information Sharing and Analysis Center. (2025, March 26). Update: AHA and Health-ISAC threat advisory: FBI advises no specific credible threat targeting hospitals. Health-ISAC. https://health-isac.org/potential-terror-threat-targeted-at-health-sector-aha-health-isac-joint-threat-bulletin/

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.

Heath Sector Potential Targeted Terror Threat

| March 26, 2025
Stethoscope and clip board on doctor workplace close up

AHA & Health-ISAC Joint Threat Bulletin

On March 18th, the American Hospital Association (AHA) and Health Information Sharing and Analysis Center (Health-ISAC) issued a joint bulletin warning of a potential coordinated multi-city terrorist attack targeting hospitals. The AHA and Health-ISAC have created and are sharing this bulletin out of an abundance of caution to spread awareness of the potential threat. The AHA and Health-ISAC are in close contact with the FBI regarding the threat and will provide additional information as it becomes available.

At this time, no information is available to either corroborate or discount this threat’s credibility. Generally, foreign terrorist groups do not publicize their upcoming attacks. However, this widely viewed post may encourage others to engage in malicious activity directed toward the health sector, so threats of this nature should be taken seriously. Security teams should review emergency management plans and spread awareness of the potential threat internally.

It is recommended that organizations review and evaluate the coordination and capabilities of physical security, cybersecurity, and emergency management plans. Also, increasing relationships with local and federal law enforcement may streamline response efforts during an attack. In addition, staff and security teams should remain vigilant for any suspicious activity, as well as people or vehicles on organizational premises or in the vicinity of health sector facilities. If any are identified, it is advised to notify local law enforcement immediately.

Additional Details:

On March 18, 2025, user @AXactual made a post on X with details related to the active planning of a coordinated, multi-city terrorist attack on United States health sector organizations. The details of the post can be reviewed at the above link to gain further insight into the specific nature of the threat.

Recommendations:

The AHA and Health-ISAC recommend that teams review security and emergency management plans and heighten staff awareness of the threat. Although the threat’s credibility cannot be verified at this time, physical security protocols and practices should be reviewed. Having a publicly visible security presence can help mitigate the risk of being a potential target. The post referencing the attacks states that the primary targets are mid-tier cities with low-security facilities. With the information claiming multiple simultaneous targets, they would likely select health sector facilities with visibly weak security and conduct prior planning to coordinate the attacks. It is common practice for individuals contemplating targeted acts of violence to conduct pre-attack surveillance and reconnaissance. Having a visible security presence can mitigate being chosen as a target during the planning phase of an attack.

Contact Us

Watch for further information from the AHA and Health-ISAC on this potential threat. Health-ISAC provides this information to prevent the successful exploitation and disruption of your security apparatus. For more information, see Health Industry Cybersecurity Practices (HICP): Managing Threats and Protecting Patients or contact our Risk Management team.

Related Resources: American Hospital Association (AHA) and Health Information Sharing and Analysis Center (Health-ISAC). “Potential Terror Threat Targeted at Health Sector: AHA and Health-ISAC Joint Threat Bulletin.” March 18, 2025. Link to PDF.

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.

Understanding Employment Practices Liability Insurance (EPLI)

| March 25, 2025
Woman managing claims at a desk on a computer

Insights from Our Recent Claims Management 101 Webinar

In our recent Claims Management 101 webinar, Senior Risk Management Claims Consultants Valerie Childs and Daniel Tompkins shared the importance of Employment Practices Liability Insurance (EPLI) and how it can safeguard a business from costly litigation risks. EPLI is crucial for all businesses, providing coverage for a range of allegations made by employees or non-employees, including wrongful termination, discrimination, sexual harassment, retaliation, and failure to promote. It’s important to understand the difference between claims-made and occurrence-based policies. In a claims-made policy, the date of loss is when the claim is filed, while in an occurrence-based policy, it’s the actual date of the event.

Key Points of EPLI Coverage
  1. Discrimination: Covers claims based on age, race, gender, religion, disability, or other protected characteristics.
  2. Harassment: Protects against claims of verbal, physical, sexual, or other forms of harassment.
  3. Wrongful Termination: Includes claims of retaliation or breach of contract.
  4. Failure to Promote or Hire: Applicants can file claims if they believe they were treated unfairly.
  5. Privacy Invasions: Unauthorized access to employee personal information.
  6. Wrongful Discipline: Disciplinary actions without just cause or excessive punishment.
  7. Breach of Contract: Failure to follow company policy.
  8. Defamation: Lawsuits related to false or damaging statements about an individual.
Exclusions and Timely Reporting

EPLI policies typically exclude claims related to workers’ compensation, wage and hourly claims, criminal acts, and intentional acts. Timely reporting of claims is critical, as coverage can be denied if a claim is not reported promptly or if the insured had prior knowledge of the claim. Employers should report potential claims as soon as they arise to avoid coverage issues.

Management Liability Packages

EPLI can be part of a management liability package, combining directors and officers (D&O) liability, employment practices liability, and fiduciary liability. It’s advisable to have separate limits for each coverage to avoid exhausting the policy limits on one claim. Defense costs should be written outside of the policy limits to ensure funds are available for both defense and potential damages.

Handling Potential EPLI Claims

When handling potential EPLI claims, seek guidance on whether to put the carrier on notice for record only or to file a claim, especially if the situation involves the Division of Human Rights or the Equal Employment Opportunity Commission (EEOC). These agencies conduct thorough investigations, and claims filed with them are often substantiated. Employers must respond within specific deadlines to avoid coverage issues.

Mitigating Risks

To mitigate risks, have clear policies, regularly updated handbooks with signed acknowledgments, consistent HR practices, effective employee training, and thorough investigations and responses to complaints. Consulting with an employment attorney, as necessary, can provide additional support. OneGroup offers HR Consulting and risk management services to help businesses navigate these challenges.

Conclusion

EPLI is essential for all businesses, providing protection against significant financial reputational damage. The cost of EPLI is relatively low compared to the potential expenses of a lawsuit. Discuss EPLI with your agent or client advisor to understand its value for your business. If you have any questions, please feel free to reach out to us. We’re here to help guide you through the complexities of EPLI.

CLICK HERE TO VIEW PRESENTATION MATERIALS
Valerie Childs RM Circle White 092424

Valerie Childs
Sr. Risk Management Claims Consultant
[email protected]
315-350-9964

Dan Tompkins RM Circle White 092424

Daniel Tompkins
Sr. Risk Management Claims Consultant
[email protected]
518-952-7984

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.

2025 OSHA Civil Penalty Increases

| March 25, 2025
Construction Site Engineer

Penalties for safety violations issued by the Occupational Safety and Health Administration have increased in 2025.

The Occupational Safety and Health Administration (OSHA) enforces safety regulations and sets civil penalties for violations under the Occupational Safety and Health Act. If OSHA inspects your business and finds a violation, it will assign a penalty. OSHA can reduce penalties for smaller businesses or employers’ good faith efforts.

2025 OSHA civil penalty minimums and maximums

OSHA assigns a violation type and penalty for each safety infraction. There is no limit to the number of violations OSHA can cite during an inspection.

Violation typeViolation definition2025 minimum per violation2025 maximum per violation
Failure to abateThe employer fails to correct the safety violations listed on the OSHA notice by the abatement date assigned for each violation.N/A$16,550 per day
Other than seriousThe violation directly relates to job safety and health but isn’t a serious threat.$0$16,550
Posting requirementThe employer fails to post OSHA notices as required by law.$0$16,550
RepeatedThe employer is cited for the same or a substantially similar OSHA violation.$0$165,514
SeriousThe violation could cause an accident or illness that is likely to result in death or serious physical harm. (Violations may not be considered serious if the employer did not know or could not have known of the violation. However, not being aware of a safety issue may not be enough to avoid a penalty,  especially if a reasonable person would have anticipated it.)$0$16,550
WillfulThe employer knowingly fails to comply with a legal requirement (deliberate disregard) or shows plain indifference to employee safety.$11,823$165,514
Posting OSHA citation notices

Employers are required to make employees aware of hazards in the workplace. If you receive an OSHA violation notice, you must post a copy at or near the location where each violation occurred.

The OSHA notice must remain posted for three working days or until the hazard is abated, whichever is longer (Saturdays, Sundays and federal holidays do not count as working days). If you don’t comply, you could suffer more penalties.

Your options after an OSHA citation

If OSHA issues you a citation, you may:

  • Correct the condition by the date specified in the notice
  • Request an informal conference by the date listed in the notice

Always take OSHA notices and deadlines seriously — and consult your lawyer for advice! They can be an invaluable resource for employers who want to stay ahead of the risk curve but don’t know where to start.

Have questions or need help?

Please contact our Risk Management team for more information on OSHA’s 2025 Civil Penalty Increases.

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 © 2025 Applied Systems, Inc. All rights reserved.

Best Practices for Administering Final Paychecks

| March 25, 2025
American African Holding Paycheck

When an employee leaves your organization, one of your final orders of business is to cut their last paycheck. The legal requirements for how and when a departing employee must be paid vary by state. Learn how to manage your compliance obligations.

When an employment relationship ends, the employer might be left with questions about final pay:

  • When is the final paycheck due?
  • How must the employee be paid?
  • Can equipment or other supplies the employee failed to return be deducted?
  • Can salary advances be deducted?

Note that federal law does not require employers to cut a departing employee’s paycheck right away. But some state laws may, according to the Department of Labor. Thus, the first step in determining your compliance obligations is to look at applicable state laws governing the timing and manner of issuing final pay.

When an organization and its employees are based in the same state, the laws governing the employment relationship are pretty clear. But with the increase in remote work, it’s not uncommon for an employer to have employees in multiple states. A common misconception is that the laws of the state in which the employee is based govern the employment relationship. This isn’t always the case.

According to Trimboli & Prusinowski, this type of situation requires a “choice of law” analysis of the individual circumstances to determine which state law governs. To get ahead of potential choice-of-law questions, figure out which state law is likely to take precedence and address this in your employee handbook and any applicable employment agreements. Consult with counsel as needed.

A closer look at obligations under state law

Some states don’t have laws mandating the timing of final pay: Alabama, Florida, Georgia and Mississippi. In these states, Epstein Becker Green (EBG) recommends issuing final pay on the next scheduled payday.

Other states have highly specific laws governing final pay, and failure to adhere to these laws can lead to high penalties and lawsuits. For example, in California, final pay is due within 72 hours of a resignation and immediately upon termination. If the employee gives over 72 hours’ notice before resigning, the final paycheck must be given on their last day of employment.

Here are some questions organizations should be prepared to address when reviewing applicable state laws:

  • Does the nature of discharge have any impact on the timing of the final paycheck? In other words, does it make a difference if the employee quit, was laid off or was fired?
  • What happens if wages are owed because of a temporary layoff or suspension due to a labor dispute?
  • Are there any specific requirements regarding the manner of payment?
  • If an employee requests to be paid by mail or another method, does the organization have to honor that request?
  • Does the law address how unused or accumulated vacation, annual leave, holiday leave, paid time off (PTO) and bonuses are to be paid?
  • What penalties could the organization face for failure to comply with applicable laws?

Keep in mind that this list is not exhaustive. Rather, these questions are intended to get you thinking about the types of issues you may need to address.

Note that if state law is silent on issues like whether unused time is earned and payable to departing employees, see what your employee handbook says.

According to Wade Herring II, a partner at Hunter MacLean, accrued PTO constitutes earned compensation in California and must be included in the final payment. But in Georgia, an organization’s internal policy dictates how to handle this.

State laws can be tricky, but educating yourself now can help you avoid compliance missteps in the future.

Deductions from final pay

Another issue to contend with is how to recover money a departing employee owes to the organization. If an employee refuses to return a piece of equipment, the knee-jerk reaction may be to deduct the cost of the item from their final paycheck. But that’s a bad idea, reports EBG.

Most states do not permit these types of deductions unless there’s a written agreement between the employer and employee outlining rights and responsibilities concerning equipment.

If you find yourself in this situation, the best course of action is likely to forget about it, unless the cost of the equipment, uniform or other item justifies taking the employee to court. Still, pursuing that avenue may not be worth the organization’s money or time, according to EBG.

With respect to salary advances, federal law doesn’t bar this type of deduction, but applicable minimum wage requirements still apply. And state laws may have specific limitations, so it’s best to seek legal counsel before attempting any kind of salary deduction.

Withholding expense reimbursements

Another question employers often have is whether they can withhold reimbursement for expenses. This is also a potentially litigious issue, so you should proceed with caution when attempting to withhold reimbursements.

The first question to ask is whether reimbursements should be counted as wages under applicable law, notes EBG. While the Fair Labor Standards Act does not classify reimbursements as wages or include them in the regular rate of pay for calculating overtime, employers need to be careful not to make improper deductions that could bring an employee’s pay below the required minimum wage.

If you are considering withholding expense reimbursements to offset the cost of property an employee fails to return, tread carefully. For example, Jones Day cites an amendment to the Illinois Wage Payment and Collection Act requiring employers to reimburse all “necessary expenditures or losses” that occur during the scope of employment, unless certain exceptions apply:

  • The employee’s negligence causes the loss.
  • The loss is due to normal wear.
  • The loss occurs due to theft that’s not the result of the employee’s negligence.

Illinois, California, Iowa, Massachusetts, Montana, New Hampshire, North Dakota, Pennsylvania, South Dakota and Washington, D.C. also have laws addressing expense reimbursements. If the question of withholding reimbursements arises, Jones Day recommends consulting with a local labor and employment attorney.

A knowledgeable attorney can explain whether state law speaks to this issue and if any case law, state labor department regulations, opinion letters or other guidance may be instructive as to how to proceed.

Get familiar with state law

Final paycheck administration generally falls under state law, so becoming familiar with the requirements of applicable state laws can save your organization valuable time and reduce the risk of legal missteps.

Contact us

For support on this topic contact our OneGroup HR Consulting team.

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.

Navigating Medicare with a Loved One

| March 24, 2025
Elderly father enjoy conversation with daughter for cup of tea

As our loved ones age, many of us find ourselves stepping into new roles as caregivers and advocates.

Caring for a loved one enrolled in Medicare or approaching Medicare eligibility can be overwhelming. We understand the importance of making informed decisions to ensure they are well protected and join you in supporting those you care most for.

Understanding Medicare

Medicare is a federal health insurance program primarily for individuals aged 65 and older. It consists of different parts, each covering specific services:

  • Part A: Covers inpatient hospital stays, skilled nursing facility care, hospice care, and some home health care.
  • Part B: Covers certain doctors’ services, outpatient care, medical supplies, and preventive services.
  • Part C: Medicare Advantage Plans, offering additional benefits through private insurance companies.
  • Part D: Covers prescription drug costs.
Preparing for Enrollment

Whether your loved one is approaching Medicare eligibility or considering changes to their current plan, it’s important to be prepared. Here are some steps to consider:

  1. Educate Yourself and Your Loved One: Understanding the different parts of Medicare and what they cover is essential. Attend informational sessions, read up on Medicare resources, and consider consulting with a local Medicare advisor.
  2. Review Current Health Coverage: Assess your loved one’s current health insurance and how it will work with Medicare. Some may need to transition from employer-sponsored plans, while others might have retiree health benefits that interact with Medicare.
  3. Gather Necessary Documents: Ensure you have all the required documents for enrollment, such as your loved one’s Social Security number, birth certificate, and any relevant health insurance information.
  4. Mark Important Dates: Be aware of key enrollment periods, such as the Initial Enrollment Period (IEP) and the Annual Enrollment Period (AEP), to avoid late enrollment penalties and ensure timely coverage.
Choosing the Right Plan

Selecting the right Medicare plan can be daunting. Here are some tips to help:

  1. Assess Health Needs: Consider your loved one’s current and anticipated health needs. Do they require frequent doctor visits, specialized care, or specific medications?
  2. Compare Plans: Use the Medicare Plan Finder tool to compare different plans based on coverage, costs, and provider networks.
  3. Consult with a Local Advisor: A Medicare advisor or counselor can provide personalized guidance based on your loved one’s unique situation.
Supporting Your Loved One

As a caregiver, your role is crucial during this transition. It’s important to be patient and understanding, as this is a significant change for your loved one and they may feel anxious or confused. Staying organized by keeping track of important documents, deadlines, and communications related to Medicare can be very helpful. Encouraging open communication by regularly checking in with your loved one about their health needs and any concerns they may have about Medicare can also make a big difference.

Navigating Medicare can be complex, but with the right preparation and support, you can make informed decisions that best suit your loved one’s needs. By staying informed and organized, you can help ensure they receive the care and coverage they deserve, making this transition as smooth as possible.

At OneGroup, we’re here to help. Our Medicare specialists can sit with you and your loved one to review their current Medicare plan, discuss options, and provide personalized guidance. This guidance is completely complimentary. Whether you want to discuss Medicare Parts A, B, additional coverage options, or just talk through needs and questions, we’ve got you covered.

For more information

Click here to get in touch OneGroup’s Medicare team for more information. 

We are not a government agency. We are licensed insurance agents who discuss insurance programs such as Medicare Advantage, Medigap, and Medicare Part D Prescription Drug Coverage. Any information we provide is limited to those plans we do offer in your area. Please contact Medicare.gov or 1-800-Medicare to get information on all of your options.

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.

The Evolving Landscape of Surety Bonding in 2025

| March 24, 2025
Construction and structure concept of engineer working drawing on blueprint meeting for project working with partner on model building and engineering tools in working site, construction concept

The surety bonding market is experiencing significant changes, driven by various economic and legislative factors.

By Ron Metcho

As we move through 2025, several key trends and developments are shaping the future of this essential industry.

Federal Initiatives Boost Demand

One of the most notable drivers of growth in the surety bonding market is the influx of federally funded projects. The Infrastructure Investment and Jobs Act (IIJA) and the Broadband Equity, Access, and Deployment Program are injecting substantial funds into infrastructure projects across the United States.

These initiatives are creating a robust demand for surety bonds, as contractors and developers seek to meet the bonding requirements for these large-scale projects.

Market Trends and Challenges

The global surety market, valued at $18.19 billion in 2023, is projected to grow to $27 billion by 2030.

The growth is fueled by increased construction activities, resulting in a corresponding increase in the need for surety bonds. However, the surety industry is also facing challenges. Rising construction costs, a limited skilled labor pool, and supply disruptions have negatively affected the construction industry and its profitability. The surety industry loss ratios may be impacted by these factors as well. Additionally, there is a noticeable increase in fraud, which also negatively affects surety loss ratios and prompts stricter underwriting requirements.

Legislative Impacts

Recent legislation, such as the Inflation Reduction Act (IRA) and the CHIPS Act, are also influencing the surety market. These laws are driving demand for surety bonds through increased infrastructure and technology projects.

The Surety & Fidelity Association of America (SFAA) has been actively educating lawmakers about the importance of surety bonds, ensuring that these requirements remain a critical component of federal projects.

Future Outlook

Looking ahead, the surety bonding market is expected to continue its growth trajectory. The combination of federal funding, legislative support, and the ongoing need for infrastructure development will sustain the demand for surety bonds. However, market participants must navigate the challenges posed by inflation and fraud to maintain profitability and stability.

The surety bonding market is at a pivotal point, with significant opportunities and challenges on the horizon. By staying informed about current trends and adapting to the evolving landscape, industry stakeholders can ensure they are well-positioned to meet the demands of the future.

Connect With the Team

We understand that these challenges can significantly impact your business operations and profitability. At OneGroup, we are committed to providing the support and expertise you need to navigate these changes. Our team is here to help you secure the bonds you need and offer guidance on best practices to mitigate risks. Contact our Surety Team to discover tailored solutions for your surety needs.

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.

Evolving Trends in Employee Wellness Programming

| March 21, 2025
Team building, stretching and a team of business people in the office to workout for health or mobility together. Exercise, fitness and training with an employee group in the workplace for a warm up

Discover what’s trending up and down in wellness programs as organizations seek to maximize their investment in employee well-being.

As an employer, you understand the importance of wellness programming for the health and well-being of your employees and organization. However, changes in work environments and employee expectations have made it more difficult to determine which investments will pay off.

Employee participation and engagement have always driven the success of wellness programming. But the industry news site HRMorning notes this metric has become more challenging to measure with dispersed workforces.

Hybrid work models and rising health care costs demand new approaches to wellness initiatives. The following trends suggest a movement toward wellness programs that employees can access at any time and from any location.

Trending up

Research across industries and countries suggests more companies are investing in anytime, anywhere wellness programming. The following areas are seeing investment growth as companies aim to meet employees where they are:

  • Disease management
  • Mental health
  • Financial well-being
  • AI wellness solutions
Mental Health

According to the wellness platform Wellable, more than 90% of employers are investing more in mental health benefits. Components include telemedicine, lifestyle spending accounts, stress management, and training in resilience, mindfulness, and meditation. 

Mental health is the fastest-growing investment in wellness programming. Wellable points to driving forces such as post-pandemic expectations, disruptive current events and changing work environments.

The corporate wellness solutions company Wellhub highlights growth in digital detox initiatives. Some employers incentivize employees to step away from their screens to improve work-life boundaries, improve personal communication and enhance face-to-face collaboration. Potential solutions include:

  • Scheduling indoor or outdoor walking meetings
  • Holding team chats in a breakroom or another space away from laptops, desktop computers and phones
  • Taking group stretching or chair yoga breaks
  • Offering company merchandise in exchange for giving up social media for a week
Financial well-being

The wellness provider Soothe notes how financial stress affects employee well-being. Growing offerings include personalized financial planning and counseling. Employees also value financial education on budgeting, investments and retirement planning.

A rise has been noted in additional financial well-being benefits such as:

  • Emergency savings benefits
  • Caregiving benefits
  • Tuition assistance
  • Student loan repayment

These offerings empower employees to feel more in control of current and future finances. Reducing financial stress helps employees focus more on work and personal health.

AI wellness solutions

AI is spreading to wellness programming. HRMorning reports 68% of employees would rather discuss workplace stress with AI technology than their manager. And 80% would consider using a robot therapist or counselor.

AI can be a source of stress as employees worry about job displacement. But it also offers several advantages in well-being solutions. It allows employees to discuss their concerns in a neutral, judgment-free space that avoids typical personal or social constraints. AI technology is also available 24/7 and can send automated health reminders.

Soothe predicts that next year will see a jump in the following strategies:

  • Wearable devices monitoring health conditions in real time and sending alerts when needed.
  • AI-powered health coaching based on employees’ personal needs and goals
  • Virtual reality programs leading guided meditations and fitness workouts
Disease management

Wellable notes a 12% increase in the percentage of employers investing more in disease management programs. Popular components include weight management, health risk assessments and chronic disease management.

Around 40% of employers reported increased spending on weight management. Demand for weight management drugs continues to grow. Some employers require employees to participate in weight management programs to access drugs such as Ozempic and Wegovy.

Investments in health risk assessments doubled this year. These assessments help prevent and identify risks. Employees can see better outcomes by catching health challenges sooner, and your health plan can save on long-term costs.

Chronic disease management for diabetes, high blood pressure and other conditions is also growing. Disease management programs often include screenings, patient education, treatment coordination, follow-up care and ongoing monitoring.

Trending down

Wellable also highlights wellness programming receiving fewer investment dollars. These solutions reflect the changing workplace and rise in off-site employees. Examples include:

  • On-site fitness offerings
  • Biometric screenings
  • Free food
  • Health fairs

Investments in wellness platforms have also been decreasing this year. But interest in customizable wellness programming remains strong. Instead of using wellness platforms, more organizations are tailoring their benefits plans to meet their employees’ needs. Integrating wellness into your workplace culture can reduce the need for external platforms or programs requiring extra steps for employee participation.

Wellness programming remains a priority

Ongoing investments suggest wellness benefits remain crucial to organizational success. According to Wellable, only 4% of organizations decreased their investments in wellness solutions this year. Just over half maintained their budgets, and 45% increased their investments.

Most organizations intend to implement at least one strategy to improve the affordability of their wellness programs. In addition, most say they genuinely care about employee well-being.

Wellness investments can pay off through healthier employees and higher retention. Gallup reports employees are 69% less likely to seek a new job if their employer cares about their well-being.

Have questions?

For more information on wellness programs, reach out to our Employee Benefits team and we’ll be happy to help. We can help you examine your current offerings and explore new solutions. OneGroup can also support your efforts to establish wellness program investment criteria, vendor selection, best practices and metrics for success.

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.

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.

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