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More Contractors Increase Deductibles to Reduce Insurance Premiums

As construction projects become larger and more complicated, contractors are taking on more of the risk by increasing their builder’s risk insurance deductibles, according to a recent report.

Michael Cusack, executive vice president of insurance broker Alliant Specialty, told Insurance Business magazine that contractors are willing to take on more of the risk as those that have strong internal risk management regimens will be rewarded with lower premiums, particularly if they can stave off expensive claims.

There are a number of factors at play that are driving this transfer of risk:

  • Claims costs are skyrocketing as the cost of rebuilding and materials has continued rising.
  • Increasing litigation.
  • Larger and larger liability lawsuit settlements and jury awards, and an increase in “nuclear” verdicts of $10 million and more.

 

“Contractors are taking on more deductible risk and manage that risk effectively using in-house protocols, and the ones that can do that will be the most successful,” Cusack told the trade publication.

“Construction jobs are getting much bigger, and the risks are becoming more complicated. If contractors can develop the systems and the personnel to manage risk, they can do it more efficiently and therefore be rewarded for that,” he explained.

The reason that you carry contractor insurance coverage in the first place is to protect your business from an accident or incident that could be financially devastating, such as a fire that wipes out all of your progress and destroys the materials and supplies that you had stored on-site.

 

Considerations

Increasing a deductible obviously comes with risk, particularly if you end up having multiple claims.

Raising your deductible amounts can be a smart business move that saves you money on your monthly or yearly premium payments. The extra money can help you grow your business, invest in new equipment, and even increase your available cash flow. But the best use of the extra cash is to create a contingency fund that you can draw on in case you incur a claim.

If you are comfortable assuming some additional risk yourself, and have resources you can draw on if they’re needed, talk to us about the possibility of raising your deductible. If the savings are enough to cover the deductibles on one or two claims, it may be worth making the change.

To make taking on more risk financially viable, you’ll have to prioritize risk management at your worksites. Emphasize the importance of safety to your supervisors, crew members and subcontractors.

By conducting regular safety training, providing personal protective equipment and strictly enforcing safe work practices, you can reduce the risk of on-site accidents and minimize damage and injury claims.

One other major risk to contractors is theft and vandalism. To lower this risk, builders have been erecting fences and walls around worksites since the dawn of construction. Today, there are cost-effective solutions to increase site security and reduce risks, such as:

  • Online cameras and smart sensors on the job site can enable continuous monitoring for unauthorized access, unlawful activities, CO2 levels and real-time water leak detection systems like WINT’s water intelligence platform.
  • Adequate lighting is much cheaper to procure, and built-in motion sensors can help save energy (while deterring potential trespassers to the site).
  • GPS tracking tags on vehicles, equipment and even valuable materials can make it easier to recover them if they are stolen.
  • Mobile applications for your workforce management can be a helpful tool in creating ongoing and interactive safety training, and risk-reporting programs to reduce the risks of human error and negligence.

 

Talk to us first

Builder’s risk premium calculations can be complex, and taking the step to increase your deductible has to be done with forethought and care.

Call us to review your policies before renewal and we can do a deep dive into your policy and risk management practices to see if increasing your deductible is a good move for you.

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Top Eight Business Risks for 2025

One of the keys to running a successful business is having in place a robust risk management system to ensure your company can guard against a growing number of threats that can derail operations or cause significant losses.

While each industry and company have different risks they face, a recent survey collected responses from risk managers around the world to identify the top risks facing businesses.

The “Allianz Risk Barometer 2025” highlights the key threats for organizations in an increasingly interconnected and volatile environment.

Below are the top eight risks in 2025 and what you can do to protect against them.

 

1. Cyber incidents

Cyber risks like ransomware attacks, data breaches and IT outages remain the number one threat globally. With AI accelerating the sophistication of attacks, businesses have to double down on protection.

What you can do — Invest in robust cyber-security measures and training employees on how to detect threats and avoid clicking on links that contain malicious code. Regularly update systems, conduct penetration testing and educate staff on cyber hygiene.

 

2. Business interruption

Supply chain disruptions, often triggered by cyberattacks or natural disasters, have consistently ranked high. If one of your suppliers suddenly can’t provide you with goods your firm needs or a cyberattack affects your ability to function, you will lose money.

What you can do — Diversify suppliers, explore local sourcing and implement business continuity plans that include how to respond to each possible issue that could result in disruption to operations or sales.

 

3. Natural catastrophes

Events like hurricanes, wildfires, convective storms and flooding can cause significant losses, be that from damage to property and assets, injury to staff, employees being unable to work or business interruption.

What you can do — Put in place a disaster recovery plan that includes how members of your staff will communicate, possible alternative locations for operations, and how to protect your facilities. Evaluate disaster preparedness and explore insurance solutions.

 

4. Changes in laws, regulations

Regulatory shifts, especially around sustainability and emerging technologies like AI, are creating compliance challenges. Businesses will be faced with plenty of uncertainty under a new Trump presidency, considering his plans to pursue deregulation.

While a boon for business, it could lead to confusion, particularly for those who operate in blue states. As well, the new president’s promises of raising tariffs could lead to higher costs for many businesses that source products, parts and machinery from abroad.

What you can do — It’s important that you stay on top of regulatory and legal changes to avoid penalties or lawsuits. Engage legal advisors or compliance experts to navigate changing laws.

 

5. Climate change — The physical and operational impacts of climate change, such as extreme weather and resource scarcity, are intensifying and businesses need to harden their operations to cope.

According to the report: “Extreme temperatures can drive up energy demand, which is especially critical for industries reliant on cooling systems, potentially leading to operational cost increases. Water scarcity can threaten businesses reliant on water for operations, while biodiversity loss undermines ecosystem services which many industries depend on, for example, agriculture or maintaining crop yields.”

What you can do — Many of the same preparations businesses can make for dealing with natural catastrophes can also be used for climate change resilience.

 

6. Fire and explosion

Fires remain a leading cause of business interruption, especially with the rise of lithium-ion battery incidents. “The degree of disruption can be very high, as it can take longer to recover from than many other perils,” the report states.

What you can do — Ensure that you conduct regular fire safety audits and training to staff, particularly if you store flammable materials on-site. Regularly update your fire prevention protocols and provide emergency response training.

 

7. Macroeconomic developments

Economic uncertainties, including inflation and fluctuating monetary policies, pose challenges for budgeting and forecasting. This will be especially true under the Trump administration as he sets out to reverse Biden’s policies and pursues tariffs that could lead to trade wars.

What you can do — Keep abreast of market trends and adapt to macroeconomic changes with flexible planning. Staying agile and diversifying revenue streams can mitigate risks.

 

8. Market developments

Many experts believe it is unlikely that there will be a major stock market correction in 2025. Recovering earnings and Trump’s plans for deregulation and strong fundamentals should support continued growth.

What you can do — Strategic planning and market analysis are critical if your organization is reliant on stock market gains.

 

The takeaway

The above list of risks was gleaned from a survey of companies around the world, but many of the risks also apply to U.S. firms.

It’s important that businesses take a structured approach to managing their risks and creating plans for all eventualities that may affect them. That requires buy-in from management and a focus on protecting the company’s revenue stream, physical and digital assets, employees and supply chains.

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Commercial Property Rate Hikes High, but Slowing

While commercial property insurance rates have been increasing for seven straight years, the pace of rate hikes has slowed a bit this year, according to a new report.

With many factors continuing to pressure rates, businesses should expect continued hikes for their commercial properties, with the biggest increases taking place in areas at higher risk of natural catastrophes, which vary depending on which part of the country they are located in.

The third quarter 2024 “Commercial Property/Casualty Market Index” by the Council of Insurance Agents & Brokers reported a 7.9% year-on-year increase in property insurance pricing, which is a significant drop from the 17.1% average rate increase noted in the same period of 2023.

While rates are still rising, analysts say that the pace of increases may finally be catching up with the higher claims costs and other factors affecting insurers.

If your business insurance policy renewal is coming up, here’s an explainer of what is driving rates this year and what you may be able to do about it.

 

Rate increase drivers

A convergence of factors has caused this extraordinary rate-hardening cycle in commercial property insurance:

Catastrophe losses — This includes hurricanes, floods, wildfires, tornadoes and winter storms. As climate change intensifies, the U.S. and the world at large have seen a surge in the cost and scope of natural catastrophes.

Adding to what insurers pay after these events, Americans have also been migrating for decades to areas that are now most at risk of disasters. With higher population density comes more claims.

Insurers in the U.S. generally paid out increasingly large amounts for natural disasters in the last decade. In recent years the payouts have totalled:

  • 2023: $81.6 billion
  • 2022: $116 billion
  • 2021: $108 billion
  • 2020: $98 billion

 

Catch-up pricing — Insurers have been trying to catch up after years of underpricing their policies. They had done this by not keeping up with the cost of rebuilding, but also not requiring policyholders to increase their policies’ replacement costs to keep up with those higher costs. 

Bright spot: It now looks like insurers have caught up with prior years’ underpricing as rate increases continue rising, but at a slower rate, depending on where you live.

Rising reinsurance rates — Insurers buy their own insurance by contracting with reinsurers, which share the risk. Due to rapidly rising catastrophe claims costs, these reinsurance firms have recorded substantial losses in the last few years due to natural catastrophe hits.

Facing financial pressure, reinsurers have:

  • Raised their own rates substantially,
  • Started requiring insurers to carry more of the risk,
  • Tightened their terms, which also transfers more risk to the insurers, or
  • Pulled out of markets altogether.

 

Bright spot: Reinsurance rates are leveling off for 2025 and the companies are starting to take on more risk once again, which could bring some relief to commercial property carriers.

Higher construction costs — The cost or construction and rebuilding has skyrocketed since 2019, due to higher material, energy and labor costs. However, that inflation has cooled as well.

Bright spot: According to CBRE, a real estate firm, in 2023 construction costs rose 4.9% year on year, compared to 14.1% between 2021 and 2022 and 11.1% between 2020 and 2021.

 

What you can do

Depending on where you live, insurance may be relatively easy to secure or it could be near impossible, forcing you to go to a state-run carrier of last resort.

Insurers have gotten picky about which properties they will insure, but as a property owner you can take steps to improve your insurability or reduce your rates, such as:

  • Making sure you have a detailed property maintenance plan in place.
  • Replacing or repairing the roof, electrical system and plumbing as necessary, particularly if it’s outdated or decades old.
  • Having a disaster recovery and business continuity plan to ensure continued operations in case of an event.
  • Installing sprinkler systems and leak-detection sensors that can alert you if there’s a water leak in the building.
  • Thinking about increasing property deductibles.
  • Giving us a call.
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The Growing Risks of Vendor Technology to Your Business

While your organization may have its cyber-security protocols buttoned up using best practices, there is a growing risk to businesses from tech vendors that are used to run their operations.

According to the 2023 SecurityScorecard “Global Third-Party Cybersecurity Breaches” report, 98% of organizations have a relationship with a third party that has been breached and 29% of all breaches were attributed to an attack on a third party outside of the organization.

The findings reflect the growing risk to businesses as they use more third party apps, software and cloud services, some of which have access to troves of important company data.

Also, the costs of a cyberattack on a company’s vendor are often 40% higher than the cost to remediate an internal cyber-security breach.

The findings shine the spotlight on the growing risks from interconnectivity in digital supply chains and vendor relationships that affect virtually all businesses, in particular those that:

  • Rely on tech vendors that keep day-to-day operations running.
  • Entrust confidential information on clients and employees to a third party vendor.
  • Use outside vendors for specific goods and services.

 

Another survey by the cyber-security firm OneTrust found that:

  • 71% of organizations use more outside technology vendors than they did three years ago.
  • 73% of businesses have experienced significant disruption caused by a third party, whether it be a data breach or ethical violation.
  • 73% say outside vendors have more access to company data than they did three years ago.
  • 80% have expanded their third party due diligence questionnaires in recent years.

 

Examples of third party relationships that may pose risks

  • File transfer software
  • Client management software
  • Business management platforms
  • Cloud services
  • Hosting provider and external platforms
  • Security software
  • Outsourced software development
  • Facilities management software.

 

Third party breach examples

The crash. An online store uses a cloud provider to run its business and an outage causes its website to crash, preventing orders from being fulfilled.

Effect: Contingent business interruption (coverage for third party events), in addition to other expenses and costs.

 

The backdoor attack. A vulnerability in software that connects to a company’s servers turns out to be a backdoor for attackers who install malicious code on the firm’s network.

Effect: The vendor attack could lead to business interruption and additional expenses.

 

The payroll vendor breach. The payroll company an employer uses suffers a breach, potentially exposing confidential information of clients and/or vendors.

Effect: This could constitute a privacy incident, potentially requiring notification to affected individuals and companies.

 

What you can do

As attacks on third party vendors continue to increase, it’s important you understand your firm’s third party risks, and how to measure and manage those risks.

Besides strengthening internal cyber-risk protocols, you should consider doing an analysis of your third party risks. While this will vary depending on the business and its industry, here are some ways you can get a better handle on your company’s vulnerabilities:

  • Determine which vendors are critical to your operations. For the most critical, you can also determine which suppliers or providers your vendor uses.
  • Define and quantify your risk with each third party tech vendor you use, to help you identify the damage to your organization should they suffer an attack that compromises their systems, and subsequently, yours.
  • Create an incident response plan that maps out what steps your organization can take in case a vital vendor goes down. Test the plan against different types of scenarios and determine how you would respond. You should allow not only your IT people, but also the rank and file that use these systems to test the plan’s effectiveness.
  • Verify that your critical vendors carry cyber-insurance coverage that would address losses your firm may endure if they suffer an event.

 

Insurance

To ensure that you are not left footing the bill for these types of incidents, review your cyber-insurance policies to see if they cover attacks or incidents on third parties that your firm uses. Call us for a review.

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Expensive Litigation Is Driving Insurance Costs

Soaring court judgments and jury awards are pushing up the cost of commercial liability and umbrella insurance policies, particularly for businesses that have been sued before.

There are a number of factors at play, including massive “nuclear” jury awards for tens of millions of dollars, private equity-backed lawsuits and a phenomenon known as “social inflation” — when the costs of jury awards increase faster than the cost of living.

A 2024 A.M. Best report found that social inflation and large verdicts verdicts mostly affect commercial auto, professional liability, product liability and directors and officers liability insurance.

Policyholders are also facing more restrictive general liability coverage as insurers continue to reduce their exposure.

What’s happening

A 2024 study by reinsurance company Swiss Re found that social inflation had increased liability claims by 57% over the previous decade. The increase in 2023 alone was 7%. Another study showed that over a five-year period, the top 50 insurers in the U.S. had allocated half a billion dollars for litigation expenses.

The Insurance Information Institute in early 2024 pointed to legal-system abuse as a leading reason for auto insurance companies losing money to the tune of $1.10 for every $1 in premium.

“As dangerous roads and driving conditions as well as economic costs have been on the rise for several years,” the institute wrote, “the challenges presented by overzealous billboard attorneys are exacerbating the situation.”

Adding fuel to the fire is the increase in “nuclear verdicts” — when a jury awards damages of more than $10 million.

Fears of verdicts this large have encouraged businesses and their insurers to settle claims rather than fight them, leading to higher costs.

Lawsuits have also become investment vehicles. Private equity firms are funding lawsuits against businesses in return for a share of any awarded damages or settlements.

Recent ‘nuclear’ jury awards

  • In 2021, a Florida jury awarded a landmark $1 billion verdict to next of kin of a motorist who was killed after a driver for Kahkashan Transportation Inc. was on his cell phone when he flipped his semi truck, plowing into the man’s vehicle. 
  • A Philadelphia jury in May 2024 ordered Exxon Mobil to pay $725 million to a service station mechanic who developed cancer after being exposed to benzene in gasoline.
  • In June 2024, a California jury ordered entertainment mogul Alki David to pay $900 million to a former worker who had accused him of sexual battery.

What you can do

You business can reduce your chances of getting sued by:

  • Focusing on risk management,
  • Ensuring you hire good drivers and provide training that focuses on reducing risks of distracted driving,
  • Preventing  workplace discrimination and harassment,
  • Maintaining clear and detailed documentation,
  • Implementing sound business practices,
  • Training employees on legal compliance, and
  • Having clear contracts.

 

You can work with your insurance companies both on loss prevention and managing claims for losses that do occur. Finally, work with us to ensure that you have liability policy limits that are realistic in today’s world.

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A New Cyber Security Threat Businesses Cannot Ignore

An allegedly Chinese state-sponsored hacker campaign dubbed “Salt Typhoon” has infiltrated major cell phone providers, including AT&T and Verizon, potentially exposing your company’s communications to threat actors.

The attack has been described as the most significant telecommunications hack in U.S. history. While the breach is alarming for individuals, the implications for businesses are profound and demand immediate attention.

 

What is Salt Typhoon?

Salt Typhoon is a sophisticated cyber-espionage operation allegedly orchestrated by the Chinese government. The campaign has targeted vulnerabilities in telecom providers’ infrastructure to access text messages, monitor communications and extract sensitive metadata.

The ongoing breach has affected at least eight major U.S. telecom companies and poses a severe threat to national security and corporate privacy.

 

Potential dangers to businesses

  1. Exposure of sensitive informationText messages often contain business-critical details, such as contracts, client discussions, or even login credentials. If these communications are intercepted, companies risk financial loss, reputational damage and legal consequences.
  2. Corporate espionage 

    Competitors or foreign entities gaining access to a company’s internal strategies could result in lost market advantages or intellectual property theft.

  3. Regulatory and legal repercussions 

    Many industries are subject to strict data protection laws. A breach exposing customer or employee information could lead to fines and legal actions under regulations such as GDPR or CCPA.

  4. Erosion of trust 

    Business partners and clients may lose confidence in a company’s ability to safeguard information, leading to strained relationships and loss of business opportunities.

 

Government warning

In response to the Salt Typhoon campaign, the U.S. government issued strong recommendations for using end-to-end encrypted communication platforms.

Unlike standard text messaging or phone calls, end-to-end encryption ensures that only the sender and recipient can read the messages, preventing interception even if a network is compromised.

Apps like WhatsApp and Signal, and corporate platforms such as Microsoft eams and Zoom with encryption features have been singled out as secure alternatives. In contrast, traditional SMS and non-encrypted messaging services remain vulnerable.

For businesses, adopting these recommendations is a necessity. The FBI and the Cybersecurity and Infrastructure Security Agency have emphasized that sensitive communications must migrate to encrypted platforms to mitigate risks from ongoing cyber threats.

 

Protecting your firm

Protecting your business from the fallout of attacks like Salt Typhoon requires a multi-layered approach. Here are some critical steps:

  • Use encrypted messaging: In light of the official recommendations above, shift all internal and external communications to end-to-end encrypted platforms such as Signal or WhatsApp, or enterprise solutions with encryption features.
  • Eliminate SMS-based authentication: Avoid using text-based, one-time passwords for authentication; instead, deploy hardware security keys or app-based authenticators.
  • Update systems regularly: Ensure all devices and software are updated to patch known vulnerabilities.
  • Train employees: Conduct regular cyber-security training to educate employees about phishing, secure communications and device management.
  • Limit data access: Implement least-privilege access controls to restrict sensitive data to only those who need it.
  • Conduct security audits: Regularly audit your infrastructure for vulnerabilities. Engage third party experts to perform penetration tests and simulate attacks to identify and address weak points.

 

Finally, you should have in place a robust cyber-insurance policy, which can help mitigate the financial impact of a breach. A comprehensive policy should cover:

  • Forensic investigations
  • System remediation and restoration
  • Legal and regulatory compliance
  • Business interruption losses.
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Top 10 laws for 2025

With 2025 now upon us, so is a slew of new laws and regulations that will affect California businesses.

Every year, laws passed by the state Legislature and signed into law by the governor take effect, and 2024 was a busy legislative session in Sacramento. The end result is another round of new legislation that California employers need to stay on top of.

This item is the first of two parts, highlighting the top 10 laws and regulations affecting California businesses in 2025.

 

1. ‘Captive audience’ meetings barred

Starting Jan. 1, California employers are prohibited from requiring employees to attend “captive audience” meetings where the employer shares its opinions on political or religious matters.

This includes topics such as unionization, legislation, elections or religious affiliations. Under the new law, SB 399, employees who choose not to attend must still be paid for their regular work time during these meetings.

Employers are also barred from retaliating, discriminating or taking any adverse action against employees who opt out.

The law applies broadly to most employers, but does include some exceptions, including religious organizations, political organizations and educational institutions providing relevant coursework. The law also allows for required communications or training mandated under laws related to workplace safety, civil rights or job performance.

Employers who violate SB 399 could face significant consequences, including a civil penalty of $500 per employee, per violation. Workers who believe their rights were violated can file a complaint with the Labor Commissioner, seek injunctive relief (a court order to stop the violation), and potentially claim additional damages through civil lawsuits.

 

2. Egregious offenders

Cal/OSHA is working on new rules that would crack down and step up enforcement and penalties against California employers that commit “egregious” and “enterprise-wide” workplace safety violations.

The forthcoming rules, expected to take effect this year, would impose substantial penalties on companies that have “shown a disregard towards California workplace safety regulations and the well-being of their employees.”

A business cited for an egregious violation could be fined up to $158,000 “per instance,” meaning it can be applied for each employee exposed to the violation and across multiple locations.

Violations that could be considered “egregious” include, but are not limited to, the following:

  • The employer, intentionally, through conscious, voluntary action or inaction, made no reasonable effort to eliminate the known violation.
  • The employer has a history of one or more serious, repeat or willful violations, or more than 20 general or regulatory violations per 100 employees.
  • The employer intentionally disregarded its health and safety responsibilities, such as by failing to maintain an effective Injury and Illness Program or ignoring safety and health hazards.

 

3. Expanded paid sick leave

Two bills have expanded the use of paid sick leave.

The more far-reaching measure, AB 2499, expands current state law that allows employees who are victims of crime or abuse to take time off for court appearances, treatment and various other reasons.

The new measure also expands the use of paid sick leave to cover certain “safe time” absences for issues like:

  • Domestic violence,
  • Sexual assault,
  • Stalking, or
  • An act, conduct or pattern of conduct that includes:
    • An individual causes bodily injury or death to another.
    • An individual exhibits, draws, brandishes or uses a firearm or other dangerous weapon, with respect to another.
    • An individual uses or makes a reasonably perceived or actual threat of use of force against another to cause physical injury or death.

 

AB 2499 also permits workers to take time off to help family members who are victims of a crime.

The law protects workers from the threat of discrimination or retaliation for requesting or taking the time off. Under the new law, employees can use vacation, personal leave, paid sick leave, or compensatory time off that is available to them for safe-time absences. It applies to workplaces with 25 or more staff.

The second measure, SB 1105, allows agricultural workers to use accrued paid sick leave to avoid smoke, heat or flooding conditions created by a local or state emergency, like a heatwave, wildfire or flooding.

The measure states that this is a clarification that existing law allows workers to take sick days for preventive care.

 

4. Freelance Worker Protection Act

Starting this year, California’s Freelance Worker Protection Act imposes new requirements on businesses hiring freelance workers for professional services worth $250 or more.

The law requires employers to provide freelancers with a written contract outlining key details, including the services provided, payment amounts and deadlines for compensation. If no payment date is specified in the contract, freelancers must be paid no later than 30 days after completing their work.

Businesses cannot require freelancers to accept less pay than agreed upon or provide additional services after work has begun as a condition for timely payment.

Importantly, the law also prohibits retaliation against freelancers who assert their rights, such as raising complaints about violations or seeking enforcement of the law.

Noncompliance can lead to significant penalties. If a written contract is not provided, employers may face a $1,000 penalty.

Late payments can result in damages up to twice the amount owed, while other violations may require businesses to pay damages equal to the value of the contract or the work performed — whichever is greater. Freelancers can also file lawsuits to recover unpaid amounts and seek attorney’s fees.

 

5. Indoor heat illness

These new requirements actually took effect at the end of last summer, so 2025 is the first full year they’ve been in effect.

Cal/OSHA’s indoor heat illness prevention rules require employers to protect workers in indoor workplaces when temperatures reach 82 degrees Fahrenheit or higher. These regulations apply to most indoor settings, but will mainly affect restaurants, warehouses and manufacturing facilities.

At 82 degrees, employers must ensure workers have cool, potable water nearby and access to a cool-down area where temperatures remain below 82 degrees. Workers should be encouraged to take rest breaks to prevent heat-related illness, and monitored for symptoms during these breaks. If clothing restricts heat removal or radiant heat sources are present, these measures apply immediately.

At 87 degrees, employers must take additional steps, when feasible, such as cooling work areas, providing personal heat-protective equipment and implementing work-rest schedules.

Affected employers should evaluate options like installing air conditioning to maintain safe temperatures. While this is feasible for smaller spaces, larger facilities like warehouses may require alternative compliance strategies.

 

6. PAGA reform

In July 2024, Gov. Newsom signed into law two measures aimed at curbing rampant abuse of the Private Attorney General Act, which has become a costly thorn in the side of businesses in California.

PAGA allows workers who allege they have suffered labor violations, like unpaid overtime or being denied mandatory meal and rest breaks, to file suit against their employers rather than take the more typical route of filing a claim with the state Department of Labor Standards Enforcement.

The new laws aim to reward employers with reduced penalties if they address in good faith issues raised by an employee.

For example, the reforms cap the assessment at 15% of the available penalty for employers that take immediate and proactive steps to bring themselves into compliance with California Labor Code. Employers that take “reasonable” steps to address issues within 60 days of receiving a PAGA notice would face a maximum penalty of 30% of the available penalty under the law.

The new PAGA also requires a worker to personally experience violations alleged in a claim if they want to bring action. It also increases workers’ share of awards to 35%, from 25%. The rest of the funds go to the Labor & Workforce Development Agency.

However, legal pundits predict the changes won’t reduce the amount of PAGA lawsuits being filed in the state.

 

7. Family leave change

A new law, AB 2123, bars employers from requiring that workers who plan to take time off under the state’s Paid Family Leave Program first take up two weeks of accrued vacation time before benefits kick in.

 

8. Driver’s license queries

Starting in 2025, employers are barred from listing in help-wanted ads and job applications that having a driver license is a prerequisite for a job, unless the employer:

  • Reasonably expects that driving will be part of the job, and
  • Reasonably believes that allowing the employee to use alternative forms of transportation (including ride-sharing, taxi or bicycle) would take more time or require the business to incur higher costs.

 

9. Poster updates

Employers have to update two mandatory work posters this year.

The standard poster that informs employees about their rights under workers’ compensation laws, needs to be updated. The new poster must include language stating that employees may consult with an attorney for advice about workers’ comp law and that they may have to pay attorneys’ fees if they hire a lawyer as part of their claim.

Also, businesses are required to post an updated paid leave law notice to reflect the changes ushered in by AB 2499, the paid leave law for crime and abuse victims discussed above.

 

10. Minimum wage

California’s minimum wage increased to $16.50 an hour on Jan. 1. This rate is for all areas of the state, except for those jurisdictions that have implemented their own minimum wage to reflect the higher cost of living in their area.

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Employee Surveillance Doesn’t Boost Productivity, but Breeds Resentment: Study

As more people have been working remotely over the last few years, some employers have turned to employee-tracking software to ensure that these staff are working while on the clock, and to boost productivity.

Tools like activity monitors and locations trackers, however, do not actually increase productivity and they can instead cause a backlash among workers, affecting job satisfaction and stress levels, according to a new poll.

Additionally, 26% of tracked employees said they distrust their employer and half of them feel pressured to work more hours, the survey by review website Software Finder found.

These findings cast doubt on the effectiveness of remote-employee monitoring and tracking, in light of the fact that one in four remote or hybrid workers are tracked.

 

What employers are tracking

Companies are mostly tracking workers to ensure they are staying productive and working their schedules. They employ a myriad of methods, including:

  • Time-tracking software — Helps monitor when employees log in and out of work systems, and how they distribute their time across tasks.
  • Screen monitoring — Offers real-time insights into employees’ screen activities, providing a glimpse into their work habits and efficiency.
  • Keystroke logging — Tracks every keypress, offering data on productivity and potential security risks.
  • Communication monitoring — Analyzes team messaging platforms to understand communication patterns, collaboration and information sharing.

 

Some employers also track a worker’s company-issued phone and computer locations.

 

Employee resentment

The survey found that:

  • 53% of employees believe it’s a privacy violation for employers to track their activity.
  • Three in four employees believe it’s a privacy violation for employers to track their location.
  • 64% of untracked employees would recommend their company to others, while 58% of tracked staff would do the same.
  • 36% of employees whose activity is tracked are currently looking for a new job, compared to just 18% of those who are not tracked.

 

Some employees have gotten wise and try to thwart software that tracks mouse movements by using “mouse jiggling,” a device or software that mimics mouse movement, or other software.

This prevents tracking software from detecting inactivity and makes employees appear active when they aren’t. The survey found that 17% of workers use mouse jiggling and that 12% don’t, but want to.

 

What you can do

All of the above said, remote-worker tracking can be a good thing if it’s implemented with care.

Insightful.com has this advice for companies that aim to track their employees’ work:

  • Don’t track remote workers’ time outside work hours.
  • Don’t install monitoring software on their personal devices.
  • Don’t track remote workers without consent.
  • Don’t use data to micromanage your employees.
  • Don’t ignore signs of burnout in your staff.

 

If you do plan to implement tracking, it is important that you are transparent about the process. The review website recommends the following:

Set standards for remote staff. Make sure they are treated equally and entitled to the same break schedules and hours as their peers. Also, if you allow your office workers to chat with one another around the water cooler, you should allow the same deference to your remote workers who log into a social media account for a few minutes.

Encourage staff to raise questions/concerns. If you are implementing remote-employee monitoring, your staff will have many questions and concerns. It’s important that you keep an open line of communication with those who may feel that their privacy is being invaded.

Be transparent about the implementation of monitoring software, and cover the program in meetings with your staff and address their concerns.

After you’ve started using tracking software, you should hold a few meetings a year to check in with your workers about issues they may have. This will give you the chance to also adjust your tracking metrics.

Train remote employees. Your workers, supervisors and managers should know how to use the software properly and be familiar with its features and understand why it’s being used.

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Spike in Pregnant Workers Fairness Act Lawsuits Alarms Employers

Since the Pregnant Workers Fairness Act took effect in June 2023, there’s been a huge spike in lawsuits against employers alleging failure to reasonably accommodate workers covered by the landmark legislation.

In the first 11 months following enactment of the law, the Equal Employment Opportunity Commission received 1,869 complaints from workers who allege their employer failed to provide them with reasonable accommodation under the PWFA, according to an article in Business Insurance, a trade publication.

As a result, the EEOC has taken action and between Sept. 10 and Oct. 11, 2024 it initiated four federal lawsuits against companies over alleged violations of the law.

The recent activity should be a wake-up call to employers to put as much effort into complying with this new law as they do the Americans with Disabilities Act, which is similar to the PWFA in that it requires employers to initiate an interactive process with a worker who seeks reasonable accommodations under the act.

 

The law

Essentially, the PWFA requires employers to make reasonable accommodation for workers covered by the act if they request it, particularly if they are temporarily unable to perform one or more essential functions of their job due to issues related to their pregnancy or recent childbirth.

Reasonable is defined as not creating an “undue hardship” on the employer. Temporary is defined as lasting for a limited time, and a condition that may extend beyond “the near future.” With most pregnancies lasting 40 weeks, that time frame would be considered the near future.

 

What‘s required

The law requires employers, absent undue hardship, to accommodate job applicants’ and employees’ “physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.”

The condition does not need to meet the ADA’s definition of disability and the condition can be temporary, “modest, minor and/or episodic.”

The PWFA covers a wide range of issues beyond just a current pregnancy, including:

  • Past and potential pregnancies,
  • Lactation,
  • Contraception use,
  • Menstruation,
  • Infertility and fertility treatment,
  • Miscarriage,
  • Stillbirth, and
  • Abortion.

 

What’s a ‘reasonable accommodation

The law’s definition of reasonable accommodation is similar to that of the ADA. The regulation lays out four “predictable assessments,” which would not be an undue hardship in “virtually all cases.” These would allow an employee to:

  • Carry or keep water nearby and drink, as needed;
  • Take additional restroom breaks, as needed;
  • Sit if the work requires standing, or stand if it requires sitting, as needed; and
  • Take breaks to eat and drink, as needed.

The takeaway

The PWFA poses a significant employment liability risk for employers since it’s a new law and supervisors and managers may not be aware of it.

Employers will need to ensure that they properly handle and respond to accommodation requests under the PWFA.

To ensure compliance, you should ensure that personnel who are responsible for handling accommodation requests under the ADA are also trained in how to respond to requests under the PWFA.

As well, you should ensure that you have in place a robust employment practices liability insurance policy that may help cover the costs of any lawsuits filed under the act.

Insurance companies that underwrite these policies may also ask targeted questions in applications forms on how a business handles PWFA accommodation requests and whether the responsible employees have been trained in its application.

Companies that don’t have policies in place may instead get a policy that contains an exclusion for PWFA accommodation claims.

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The Holidays Have Their Own Workplace Perils

On-the-job accidents may increase during the holidays as distractions in the workplace increase and decorations can pose safety issues. 

Normal routines and schedules are disrupted, and your staff — like everyone else — are also rushing around to crowded and chaotic stores and malls after work and on weekends.

Be aware that accidents may be more likely to happen at this time of the year at the workplace, on the road or at home. Employees tend to take extra physical risks ― such as when hanging lights and lugging trees around. And if you hold a holiday party, it opens up a new set of potential liabilities. 

 

In-office safety

When planning decorations for the office, it is important to keep holiday safety in mind.

Decorating the office helps workers enjoy the spirit of the season together, but remember that proper safety precautions should be observed at all times:

  • Be mindful of potential fire hazards when selecting holiday decorations and where you place them.
  • Be careful of stapling holiday lights, do not add too many strings of lights and make sure illuminated items are turned off.
  • Verify that all fire extinguishers are in place and fully charged and accessible.
  • Do not block exits, hang decorations on fire extinguishers, fire alarms or fire hose boxes, or obstruct the view of exit signs.
  • Do not hang decorations from sprinkler heads or electrical panels.
  • Without proper planning, holiday decorations can create tripping hazards. Extension cords should not be run through traffic areas where they pose trip hazards and, if you have to use an extension cord, use the proper one.
  • Avoid placing trees, freestanding decorations and presents in traffic areas.

 

Holiday party

The holidays bring office parties and, if alcohol is being served, keep in mind the liability involved.

Provide plenty of alternatives to alcohol, such as soft drinks, coffee, tea, water and cocoa. Hire a professional bartender who can cut people off if they have too much.

Enforce the same workplace rules of etiquette at the party as you do in the workplace.

If you serve alcohol, also serve food.

Stop serving alcohol a few hours before the party ends. Offer to cover the cost of an Uber or Lyft ride home for anyone who needs it.

 

The takeaway

If you keep in mind that the holidays put extra pressure on everyone, it may help you to keep your workplace free of accidents.

By following a few simple safety tips, it will be easy to enjoy the holiday and the events at work without dealing with injuries or damage to property.

When planning for the holidays, incorporate safety precautions into the planning process.

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