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2016 Construction and OSHA Update
As a result of the Budget Act of 2015 OSHA fines will increase for the first time in nearly 25 years. The new budget eliminated the Federal Civil Penalties Inflation Adjustment Act of 1990 exempting OSHA from increasing penalties to account for inflation. The potential increase will raise fines nearly 80 percent.View Insight -
San Francisco and New York Pass New Paid Family Leave Laws, While California Increases Benefits Under Its Leave Programs
On April 5, 2016, the San Francisco Board of Supervisors unanimously passed an ordinance granting new parents 6 weeks of paid leave to bond or care for a new child (by birth, adoption or fostering). The new San Francisco law (SF PPL) is intended to supplement the California Paid Family Leave (CA PFL) which currently pays workers 55% of their normal wages to take time off to care for a new child.View Insight -
Brexit and the Impact on Insurance Policyholders
The British electorates vote to exit the European Union (EU) on June 23, 2016 has left many with feelings of fear and uncertainty. The immediate reaction by the financial markets was negative: stock and oil prices plummeted based on anxiety over a potential recession and bond yields fell as investors sought refuge in safe haven assets. London is both a central hub for financial markets and the insurance industry - the impact on the financial markets was evident immediately but what about the impact on the insurance industry?View Insight -
Unmanned Aircraft/Drone Operator Requirements (Updated)
Part 107 of the Federal Aviation Regulations requires that anyone who operates a small unmanned aircraft/drone for commercial use (weighing more than 0.55 lbs and less than 55 lbs) must obtain a remote pilot airman certificate with a small UAS rating. Certification includes passing an aeronautical test and undergoing a security background check.View Insight -
EEOC Issues Final Rules on Employee Wellness Programs
On May 17, 2016, the Equal Employment Opportunity Commission (EEOC) issued two separate sets of final regulations that provide compliance guidance on employer-sponsored wellness programs in accordance with the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The final rules (which can be found here) confirm the proposed rules that were issued previously but with two key clarifications/additions addressing the 30% incentive limit and a notice requirement. As discussed in detail below, the final rules generally require wellness plans to be voluntary, limit incentives to 30% of self-only coverage, provide notice and reasonable accommodation, maintain confidentiality of medical information and comply with other employment non-discrimination laws.View Insight -
D&O Insurance/Management Liability
We safeguard our clients’ directors and officers against lawsuits and other liabilities. You get market-leading consulting and expertise.
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Woodruff Sawyer and RKH Specialty Join Forces for Global Presence
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Ninth Circuit Rules: Waiver Payments Must Be Included in Employee Overtime Calculation Under FLSA
On June 2, 2016, in Flores v. City of San Gabriel, the Ninth Circuit Court of Appeals held that waiver payments made to an employee in lieu of benefits must be included in his/her regular rate of pay when calculating overtime under the Fair Labor Standards Act (FLSA). Also of major significance is the Ninth Circuits finding that if a benefits plan is not a bona fide plan, then even the contribution amounts paid by an employer to trustees or third parties (e.g., insurance carriers) must be included in the calculation of an employees regular rate of pay.View Insight -
Colorado's Amendment 69: A Look at Both Sides and What It Means for Businesses
Healthcare has been making headlines in national news for several years now. In November, when the country goes to the polls for a historic presidential election, the people of Colorado will also vote whether or not to adopt universal healthcare in their state. And for businesses, Amendment 69 is one to pay attention to.View Insight -
2017 Construction Workers' Compensation Update
The California Insurance Commissioner has recently approved changes effective January 1, 2017, and updates to the California Labor Code could impact your Workers Compensation insurance program.View Insight -
The Impact of the Election on Employer Sponsored Health Benefits
With control of Congress and the White House, Republicans are in a position to make significant changes to the ACA and other benefit-related laws. However, immediate repeal of the ACA is not technically possible. Changes to regulations take time, and some changes would require Congress to pass new laws.View Insight -
HIPAA Audit Email Scam and New DOL Overtime Rule Blocked
On November 28, 2016, the Department of Health and Human Services (HHS) issued an alert that a phishing email has been circulating to employer inboxes on mock HHS letterhead. The email appears to be an official government communication about the HIPAA audit program and directs recipients to click a link to a non-HHS website. Additionally, On November 22, 2016, a Texas district court judge issued an injunction that blocks the Department of Labors (DOLs) new overtime rule, pending legal review of the suit brought by 21 states challenging the new overtime rule.View Insight