Category: 2022

Are you ready for Hurricane Season 2022?

By Anita Byer, Setnor Byer Insurance & Risk

Did you know that the first week of May is Hurricane Preparedness Week? The National Oceanic and Atmospheric Administration sponsors this week to raise awareness of the hazards posed by tropical storms and hurricanes. And to encourage everyone at risk to start preparing now. Hurricane Season 2022 is less than a month away. Are you prepared? If not, NOAA offers the following tips to help you get started.

Determine your risk. Find out what types of storm-related wind and water hazards exist where you live. Hurricanes are not just a coastal problem. Dangerous and destructive winds and water can make their way hundreds of miles inland. Flooding can happen anywhere. Those living in unsound structures or flood-prone areas must know in advance if it’s safe to remain at home during a storm.

Develop an evacuation plan. Where will your family go if you are ordered to evacuate? Know your hurricane evacuation zone and develop an evacuation plan that specifies where to go and how to get there. Don’t forget your pets! They may not be allowed in shelters and hotels, so find suitable accommodations now so they don’t get left behind.

Assemble disaster supplies. Whether you’re evacuating or sheltering-in-place, you will need sufficient supplies to get through the storm and its potentially lengthy aftermath. Have enough non-perishable food, water and medicine to last each person in your family a minimum of 3 days (longer, if possible). Remember to get gas, cash, batteries and flashlights. Consider a portable crank or solar-powered USB charger for your cell phones.

Strengthen your home. Make sure your home is ready to withstand the wind, rain and flooding a hurricane can bring. Check to see if your home meets building code specifications. Consider retrofits, many of which are not as costly or time consuming as you may think. Renters should work with their landlord to prepare for a storm.

Help your neighbors. Talk to your neighbors about their hurricane plans and preparations. Discuss how you can help one another prepare before a storm and rebuild after.

Have a written plan. Preparing a written plan can help identify your family’s unique needs and understand what must be done to protect those you love during a storm. Write down your hurricane plan and make sure everyone in your household knows and understands it.

Get an insurance check-up. NOAA stresses the importance of insurance, particularly during hurricane season. Make sure you have enough insurance to repair or replace your home, car and any other property that might be damaged during a storm. Don’t forget about insurance for your business. Remember, standard policies do not cover flooding, so you will need a separate flood insurance policy for your home and business.

It only takes one storm to make it an active hurricane season for you. Take advantage of Hurricane Preparedness Week. Start preparing before the lines grow long and supplies run short. Contact our team of experienced and responsive insurance and risk management professionals to find affordable options to protect your home and your business in the event of a hurricane.

New law ends forced arbitration of sexual harassment claims

By Anita Byer, Setnor Byer Insurance & Risk

A new federal law prohibits employers from forcing employees to arbitrate sexual harassment claims. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act invalidates pre-dispute agreements that force employees to resolve claims of sexual harassment through arbitration instead of litigation. Approximately 60 million American workers are bound by forced arbitration clauses in their employment agreements. However, as of March 3, 2022, those with claims of sexual harassment can have their day in court.

The Act, which passed with broad bipartisan support, amends the Federal Arbitration Act to make pre-dispute arbitration agreements for sexual harassment disputes invalid and unenforceable. A pre-dispute arbitration agreement is any agreement to arbitrate a dispute that had not yet arisen at the time the agreement was made. This definition is broad enough to include most employment agreements that require arbitration. A sexual harassment dispute is a dispute relating to conduct that is alleged to constitute sexual harassment under applicable federal, tribal or state law.

The Act also invalidates pre-dispute joint-action waivers. These are agreements that prohibit one party (the employee) from participating in a joint, class or collective action involving a dispute that has not yet arisen at the time the agreement is made. Employees are no longer bound by these pre-dispute joint-action waivers, regardless of whether the waiver is part of the pre-dispute arbitration agreement.

Disagreements regarding the Act’s applicability to a specific claim are resolved by a court, not an arbitrator. As a result, many employers will ultimately end up where they least wanted to be. However, it’s important to note that the Act applies to pre-dispute arbitration agreements. It does not prohibit the parties from mutually agreeing to arbitration after a claim has arisen. The Act also applies at the election of the person making the claim, so employees are free to proceed pursuant to their employer’s pre-dispute arbitration agreement if they wish.

Employers must understand that the Act applies to disputes or claims that arise or accrue on or after March 3, 2022. It applies to all pre-dispute arbitration agreements, even those that predate the new law. Given the popularity of pre-dispute arbitration agreements, many employers will need to review their employment contracts and consult with counsel to determine how the new law will affect them going forward. Employers also need employment practices liability insurance (EPLI) to protect against the uncertainty that accompanies the enactment of any new law.

Please contact us to learn more about protecting your business with Employment Practices Liability Insurance.

Florida Issues Updated COVID-19 Guidance for Child Care Facilities

By Anita Byer, Setnor Byer Insurance & Risk

The Florida Department of Health made significant changes to its COVID-19 guidance for child care facilities. On February 24, 2022, Florida’s Governor and State Surgeon General jointly announced the new guidance as part of their “Buck the CDC” initiative. Perhaps the most notable change to Florida’s COVID-19 guidance involves the wearing of face masks.

Unlike guidance issued by the Centers for Disease Control and Prevention, Florida is no longer relying on the wearing of facial coverings in community settings, including child care facilities. According to Florida’s Department of Health, “there is not strong evidence that facial coverings reduce the transmission of respiratory viruses.” As a result, the new guidance states that the decision to wear masks inside a child care facility should be left to each child’s parent or legal guardian.

The updated guidance also includes the following COVID-19 isolation recommendations.

1) If a staff member or a child at your child care facility tests positive for COVID-19 and is symptomatic:

  • The staff member or child should stay at home and away from others for five days from the date the symptoms began (if the staff member or child is experiencing symptoms).
  • The staff member or child can return to the child care facility on day six if they have been fever-free for 24 hours and symptoms, if any, are improving.

2) If a staff member or a child at your child care facility tests positive for COVID-19 and is asymptomatic:

  • The staff member or child should stay at home and away from others for five days from the date of the COVID-19 positive test.
  • The asymptomatic staff member or child can return to the child care facility on day six.

3) If a staff member or a child at your child care facility is exposed (within 6 feet for more than 15 minutes within 24 hours) to someone with COVID-19:

  • If symptoms of COVID-19 develop, stay home.
  • If asymptomatic, the staff member or child does not need to quarantine, however, continue to monitor for symptoms for 10 days after exposure.
  • Follow the guidance in section 1 if the staff member or child tests positive for or has symptoms of the virus that causes COVID-19.

Early Learning Centers and other child care facilities should review the updated guidance carefully to determine whether or to what extent Florida’s new guidelines may affect their current COVID-19 safety protocols. Please contact us for additional information about protecting your Early Learning Center during the COVID-19 pandemic.

Wedding Insurance … Because S#*t Happens

By Anita Byer, Setnor Byer Insurance & Risk

As COVID restrictions loosen nationwide, people are starting to plan special events. A lot of them, it seems, are planning weddings. According to The Knot, there will be more weddings this year than the national pre-pandemic annual average, with nearly 75% of those engaged in 2021 already setting a date in 2022. With so many deciding to join you in tying the knot, doesn’t it make sense to have wedding insurance? You know, because stuff happens?

Wedding insurance is a kind of special event insurance designed to cover various wedding mishaps. According to Travelers, the most common wedding claims are:

  • Vendor issues (29%)
  • Property damage (19%)
  • Illness / injury (17%)
  • Other (14%)
  • Weather (6%)
  • Special attire (6%)
  • Military deployment (6%)
  • Event gifts (2%)

Wedding insurance policies typically include:

Additional coverages are also available, including liquor liability, lost deposits and Call-to-Duty. Policies can also provide additional insured status, which is often required by event venues. It’s important to choose a policy that matches your wedding plans and financial situation. And, don’t assume your homeowners’ or renters’ insurance policy will provide sufficient (or any) wedding-related coverage.

Remember, when shopping for wedding insurance, pay special attention to coverage exclusions that may be relevant to your situation, such as those relating to pregnancy or other pre-existing medical conditions. Read your policy carefully. Please contact us to get a quick quote for affordable wedding insurance.

How do you know if your identity has been stolen?

By Anita Byer, Setnor Byer Insurance & Risk

The likelihood of identity theft seems to increase daily. With so many identities being stolen, many believe it’s a matter of when, not if. Taking preventative measures is crucial to reducing the likelihood of being a victim, but nothing is foolproof. When identity theft does happen, early detection is the key to limiting the damage. The sooner you know, the better. But, how do you know when your identity has been stolen? It can be harder than you think.

Fortunately, the Federal Trade Commission offered some helpful advice during this year’s Identity Theft Awareness Week. According to the FTC, you need to understand how thieves might use your stolen identity and be on the lookout for signs.  

An identity thief could use your information to get credit or service in your name.

How to spot it: Get your free credit report at AnnualCreditReport.com. Review it for accounts you didn’t open or inquiries you don’t recognize. A new credit card, a personal loan or a car loan will appear as a new account. A new cell phone plan or utility service (water, gas, electric) will show up as an inquiry.

An identity thief could use your credit card or take money out of your bank account.

How to spot it: Check your credit card or bank statement when you get it. Look for purchases or withdrawals you didn’t make. Sign up to get text or email alerts from your credit card or bank whenever there’s a new transaction. This could help you spot unauthorized or fraudulent activity on your account.

An identity thief could steal your tax refund or use your Social Security number to work.

How to spot it: A notice from the IRS that there’s more than one tax return filed in your name could be a sign of tax identity theft. So could a notice that you have income from an employer you don’t work for.

An identity thief could use your health insurance to get medical care.

How to spot it: Review your medical bills and Explanation of Benefits statements for services you didn’t get. They could be a sign of medical identity theft.

An identity thief could use your information to file a claim for unemployment benefits.

How to spot it: A notice from your state unemployment office or employer about unemployment benefits that you didn’t apply for could be a sign of fraud.

When preventative measures fail, insurance is available to help victims through the expensive and time-consuming process of recovery. Please contact us if you would like more information about insurance specifically designed to protect against identity theft.

EEOC Enforcement Activity Increasing, Approaching Pre-Pandemic Levels

By Anita Byer, Setnor Byer Insurance & Risk

The Equal Employment Opportunity Commission’s enforcement capabilities are returning to pre-pandemic levels. Despite COVID-19, the EEOC remains committed to preventing and remedying unlawful employment discrimination and advancing equal opportunities in the workplace. The most recent Agency Financial Report highlights the EEOC’s enforcement accomplishments in 2021 and identifies its strategic enforcement objectives going forward. This crucial information can help employers avoid the EEOC in 2022.

During fiscal year 2021 (October 1st – September 30th), the EEOC handled approximately 383,500 calls and 52,000 emails from the public, which is nearly 40% more than in 2020. The EEOC also:

Secured more than $484 million for victims of discrimination, including:

  • $350.7 million for 11,067 victims of employment discrimination through mediation, conciliation and settlements;
  • $34 million for 1,920 individuals as a direct result of litigation resolutions; and
  • more than $100 million for 2,169 federal employees and applicants.

Filed 116 lawsuits, including:

  • 74 suits on behalf of individuals;
  • 29 non-systemic suits with multiple victims; and
  • 13 systemic suits involving multiple victims or discriminatory policies.

Prioritized its mediation program by conducting:

  • 6,644 successful mediations resulting in $176.6 million in benefits to charging parties; and
  • 639 federal sector mediations resulting in nearly $8.4 million for federal employees and applicants.

The EEOC also resolved 138 lawsuits and achieved favorable results in approximately 96% of all federal district court resolutions. In addition, the EEOC successfully resolved 41.1% of conciliations. A charge with a reasonable cause determination that is resolved by the EEOC through voluntary efforts is considered a successful conciliation.

In 2022, the EEOC will continue its efforts to prevent and remedy employment discrimination by:

  • rebuilding and strengthening its enforcement capacity;
  • addressing systemic discrimination on all bases;
  • advancing racial justice;
  • enforcing pay equity; and
  • addressing the civil rights impact of COVID-19.

Employers can use the EEOC’s Agency Financial Report like a radar detector. It’s much easier to avoid costly violations when you know where the EEOC is directing its attention and how it’s allocating resources. However, given today’s rapidly changing environment, employers also need employment practices liability insurance (EPLI) because it’s impossible to know what tomorrow may bring.

Please contact us to learn more about protecting your business with Employment Practices Liability Insurance.

Florida’s New Reporting Requirement Forces Businesses to Track Payments to Individual Contractors

By Anita Byer, Setnor Byer Insurance & Risk

Did you know that Florida businesses must report individual independent contractors who are paid $600 or more in a calendar year? As of October 1, 2021, these individual contractors must be reported to the Florida Department of Revenue’s State Directory of New Hires. This new statutory reporting requirement was enacted to help Florida’s Child Support Program identify individuals who owe child support and initiate income deduction proceedings when appropriate.

Florida’s new reporting requirement applies to those engaged in a trade or business who pay an individual (who is not an employee) for services rendered in the course of such trade or business. These “service recipients” must report non-employee individuals who are paid $600 or more in a calendar year. Service recipients report these individuals to the State Directory of New Hires the same way employers report newly hired employees.

Service recipients have 20 days to report individual contractors. The 20-day period begins on the date of the payment that triggers the reporting requirement or the date on which a contract providing for such payments is entered into, whichever is earlier. In the absence of a contract, the trigger date is the date on which the total payments to an individual independent contractor equal or exceed $600 during the calendar year. This can be the date of the first payment if the amount is $600 or more. But, if your business pays an individual $100 on the first of each month, then the trigger date would be June 1st.

When reporting individual independent contractors pursuant to the new law, businesses must provide:

  • the individual’s name, address and social security number (or other identifying number assigned by the IRS);
  • the date services for payment were first rendered by the individual; and
  • the business’s (service recipient’s) name, address, and employer identification number.

This information is submitted online via Florida’s New Hire Reporting Center. Fortunately, the process for reporting individual contractors is no different than the process for reporting newly hired employees. Businesses with employees should already have an online account. Those that don’t will need to register for a new account.

While Florida’s new reporting requirement may make it easier to pursue those with past due child support, it’s still a new requirement. Unfortunately, novelty and uncertainty always increase the likelihood of mistakes. In addition to proceeding cautiously, businesses need adequate insurance to protect against potentially costly errors, including Employment Practices Liability Insurance. If you have questions about protecting your business in this rapidly changing environment, our team has the answers.