When Do Related Companies Get Combined for Purposes of FMLA?

Bob WerkheiserHuman Resources

Consider this example: Company A has 30 employees in Lancaster and Company B has 30 employees in Bethlehem. Family Medical Leave Act (FMLA) analysis is easy, right? Neither company has 50 employees, and, therefore, neither is covered under FMLA. Not so fast! Related corporations may have their employee counts aggregated for purposes of determining whether they have 50 or more employees under the FMLA through the “single integrated employer” test. The FMLA requires an employer to comply with its regulations if it employs 50 or more workers within a 75-mile radius. Under the single integrated employer test, Company A and Company B may be regarded as a single employer for FMLA coverage (and have their employee counts aggregated) depending on …

OSHA’s Top 10 Safety Violations

Matt OlphinRisk Management

OSHA has released the top 10 safety violations for the last fiscal year. If they look familiar – they should! They could have just said “See last year’s list” because it is the same ten violations. The troubling thing is that, even though these violations don’t change from year to year, there is little improvement being made. Last year 4500 workers were killed in the workplace and another 3 million were injured. The list Here is the list of these top 10 violations: 501 – Fall Protection 1200 – Hazard Communication 451 – Scaffolding 134 – Respiratory Protection 147 – Lockout/Tagout 178 – Powered Industrial Trucks 1053 – Ladders 305 – Electrical, Wiring Methods 212 – Machine Guarding 303 – …

Workplace Violence

Angela MackleyHuman Resources, Risk Management

Workplace violence has emerged as an important workplace safety and health issue. It is defined by the Occupational Safety and Health Administration (OSHA) as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site”. Although there is not a single risk factor that can predict when a workplace violence situation may arise, companies need to be aware of behaviors and job tasks that may increase employee exposure. When it comes to employee behavior, managers need to be on the lookout for tell-tale signs that a staff member might go down a darker path. Some examples of these behaviors include becoming increasingly belligerent, threatening colleagues, displaying outbursts of anger, and being …

As Opioid Epidemic Rages, Worksite Policies Overlook Prescribed Drugs

Matt OlphinHealth Benefits, Human Resources, Large Group Benefits (100+), Risk Management, Small Group Benefits (2-50)

Opioid use in our communities, is an issue that is exploding at an exponential level.  As opioid abuse becomes more prevalent, it’s presence in the workplace is an increasing concern for all employers.  As stated below, most employers want to be part of the solution, meaning that they want to help employees return to work at the appropriate time in their recovery process.  Having the appropriate policies in place is critical to the success of that effort.  Please contact us if you would like assistance modifying your existing drug and alcohol policy, or creating a new policy to deal with these issues. Questions? Contact Matt Pfeiffenberger, Vice President, Health Benefits Solutions, or Matt Olphin, CPCU, CSP, ARM, Vice President, Risk Control …

More Employers Turn to Outsourcing for Leave Management

Tom HenschkeHealth Benefits Administration, Human Resources

The Family and Medical Leave Act and the Americans with Disabilities Act have been around for decades, but today’s employers continue to struggle with managing employee leave. That’s why, in response to overlapping state and federal laws and expanded mandates for disability leave coverage, more employers are outsourcing their paid leave plans by a rate of double digits in the last two years according to the Website “ebn”. This was the finding of the 2016 DMEC Employer Leave Management Survey, a study of more than 1,100 employers of various-sized American businesses. The study was sponsored by the Disability Management Employer Coalition, and was conducted by Spring Consulting Group. Read the full article >>> For more information, contact Tom Henschke, Assistant Vice …

DIY Tractor Repair Runs Afoul of Copyright Law

Courtney MeyerAgribusiness, Insurance

This NPR article reports on the impact digital locks and copyrights have on agriculture. The iconic image of the American farmer is the man or woman who works the land, milks cows and is self-reliant enough to fix the tractor. But like a lot of mechanical items, tractors are increasingly run by computer software. Now, farmers are hitting up against an obscure provision of copyright law that makes it illegal to repair machinery run by software. Tell me more >>> If you have questions, email Courtney Meyer, AFIS, Account Executive, Agribusiness, Program Solutions.

Is Everyone on Your Team Using the Same Cybersecurity Playbook?

Amy MitchellBusiness Insurance, Insurance, Risk Management

According to an article on the website, “Leader’s Edge”…Everyone is concerned about cybersecurity, but are key players on the same page about how to protect your company and its customers? Evidently not. A survey by BAE Systems shows that C-suite-level managers and their top IT people often have different ideas about what the cost of a cyber attack on their company would be and who would largely be to blame, top executives or the IT team, Computerworld reports.   Read the full article >>> For more information, email Amy Mitchell, CIC, CISR, Vice President, Commercial Solutions.

Executive Liability Insurance: What to Expect in 2017 and Beyond

Jeff GelburdBusiness Insurance, ESOP, Insurance

ESOP companies should be aware of several important changes that are taking place in the markets for Directors & Officers (D&O) Insurance and Fiduciary Liability Insurance. Here is a quick summary of important trends: Premium increases have leveled off. For the past several years, renewal premiums on existing policies had been on the rise. However, for the past several quarters premiums have not been rising, and we expect them to remain level for the remainder of 2017 for accounts that are claim free and in good financial standing. Minimum premiums for D&O and Fiduciary type policies generally start at $5,500 for a $1,000,000 limit of liability. Broader protection is available on most policies. Insurers have been expanding their coverage, and …

Why HR Managers Should Review Their HIPAA Procedures

Matt PfeiffenbergerHealth Benefits, Human Resources, Large Group Benefits (100+), Small Group Benefits (2-50)

According to the website “ebn”, HIPAA audits are on the rise, and so are associated fines. In 2016, the U.S. Department of Health and Human Service’s Office of Civil Rights collected $23 million in fines, a 300% increase over 2014, the previous record year for fines. Tell me more >>> An increase in audits and associated fines serve as a good reminder for employers to revisit training often to ensure compliance. For more information, contact Matt Pfeiffenberger, Vice President, Health Benefits Solutions.

Homeland Security – Emergency Services Sector Cybersecurity Best Practices

Jason GouldnerInsurance, Risk Management

Cybersecurity is one of the most important security considerations for Emergency Services Sector (ESS) organizations. From targeted incidents, such as ransomware attacks, to unintentional acts, such as failure to properly install security updates, poor cybersecurity practices can cause severe operational problems and the needless expenditure of funds. Many cybersecurity incidents can be prevented with a few simple, low cost protective measures. To read the full article >>> If you have questions, email Jason Gouldner, CSP, Risk Control Consultant, Risk Management Solutions.