Risky Business - Setnor Byer

26 Aug Understanding The COVID-19 Business Interruption Insurance Quandary

Posted at 14:10h in Commercial Insurance

This article was originally published in the Summer 2020 issue of ActionLine, a Florida Bar Real Property, and Trust Law Section publication. The coronavirus disease 2019 (COVID-19) pandemic appears to have softened the ground for a legal battle between commercial property insurance companies and the growing...

18 Aug Affordable Care Act: Will Your Group Health Plan be Affordable in 2021?

Posted at 13:42h in Affordable Care Act, Commercial Insurance, Employee Benefits, Group Benefits, Health Insurance, Human Resources

The Affordable Care Act’s affordability threshold for employer-sponsored group health plans will increase to 9.83 percent in 2021. The affordability threshold is currently 9.78 percent. The impending increase primarily affects employers with 50 or more full-time or full-time equivalent employees. The ACA generally requires these...

12 Aug Condominium Governance: Navigating Florida’s New Emotional Support Animal Law

Posted at 13:41h in Condominium Governance

Florida’s new emotional support animal law makes it unlawful to discriminate in the provision of housing to a person with a disability or disability-related need for an emotional support animal. As of July 1, 2020, a person with a disability or a disability-related need for...

27 Jul Grandfathered Flood Insurance Premiums Can Be Locked-In Indefinitely, But Time is Running Out

Posted at 18:27h in Commercial Insurance, Personal Insurance, Safety

The Federal Emergency Management Agency is in the midst of a multi-year initiative to update flood zone maps in more than 20,000 communities nationwide. Current maps need updating to more accurately reflect the risk of flooding. Flood hazards change over time and maps in some...

22 Jul Experts Are Predicting a Surge in Employment-Related COVID-19 Lawsuits

Posted at 16:53h in Commercial Insurance, Labor & Employment Law, Professional Liability, Risk Management

Employers have endured a parade of challenges since the coronavirus disease 2019 (COVID-19) pandemic began. The parade, it seems, is far from over. According to a recent white paper co-sponsored by Liberty Mutual Insurance Company, there is early evidence that employment-related COVID-19 claims are on...

14 Jul COVID-19 Paid Leave: When Does the Small Business Exemption Apply?

Posted at 16:46h in Labor & Employment Law, Professional Liability, Risk Management

The Families First Coronavirus Response Act (FFCRA) requires paid sick leave and expanded family and medical leave for employees who miss work for specific reasons related to coronavirus disease 2019 (COVID-19). These requirements generally apply to private employers with fewer than 500 employees, but there...

30 Jun When Can Employees with COVID-19 Return to Work?

Posted at 12:48h in Commercial Insurance, Labor & Employment Law, Professional Liability

The likelihood of an employee testing positive for coronavirus disease 2019 (COVID-19) increases with every new case. By now, employers know that employees suspected or confirmed to have COVID-19 must be kept away from the workplace. But, when should they be allowed back? The Centers for...

23 Jun Bostock v. Clayton County: Supreme Court Rules Title VII Protects LGBT Workers; Employers Must Now Adapt

Posted at 12:12h in Commercial Insurance, Human Resources, Professional Liability

The Supreme Court’s landmark decision in Bostock v. Clayton County is significant yet simple. “An employer who fires an individual merely for being gay or transgender defies the law.” Discrimination on the basis of an individual’s sexual orientation or gender identity (transgender status) is now...

28 May Hurricane Season 2020 Has Not Been Postponed Due to COVID-19

Posted at 18:52h in Commercial Insurance, Safety

The 2020 Atlantic Hurricane Season officially begins June 1st, but this year is different. Coronavirus disease 2019 (COVID-19) has affected virtually every aspect of our daily lives. The Federal Emergency Management Agency cautions that social distancing and other CDC preventative measures to protect against COVID-19...

20 May Preventing the Spread of COVID-19 in Condominium Pools

Posted at 19:08h in Condominium Governance, Safety

Many condominium residents are eager to jump back into community pools that have been closed or idle for months due to coronavirus disease 2019 (COVID-19). Fortunately, the Centers for Disease Control and Prevention (CDC) issued COVID-19 safety guidance to help condominium associations re-open their community...