Like many other sectors of the economy, the commercial insurance industry is experiencing changes to both its market cycles and its operating procedures. In particular, 2020 brought an acceleration of a hardening insurance marketplace—one that is less friendly to insurance buyers—which is now nearly two years old. Capacity has left the market, reinsurance has become more expensive, underwriting has gotten stricter and, most importantly, premiums are on the rise for nearly every line of insurance.
In any economic climate, it is of the utmost importance to partner with an insurance broker who has the experience and resources to suggest ways to mitigate risk. Implementing effective long-term risk management strategies can help businesses become more desirable to insurance companies in a difficult market and sometimes even assist in negotiating better coverage terms and pricing. At Crane Agency, we understand our clients’ needs because our organization was built by business owners and families just like you. We can help you prepare for uncertainty by suggesting the types of insurance products and services to help support your commercial and personal needs. For more information, please contact your Crane Agency Broker, or call us today.
Effective Jan. 1, 2020, all employers in Illinois must provide annual employee training on workplace sexual harassment prevention. In addition, effective July 1, 2020, all provisions of the Illinois Human Rights Act (IHRA) apply to every employer in the state, regardless of size (rather than just those with 15 or more employees).
These changes, among others, were made under new laws that the state enacted on Aug. 9, and Aug. 20, 2019, to expand existing protections against workplace discrimination and harassment. This document provides an overview of the law’s prohibitions and requirements related to sexual and other types of unlawful workplace harassment.
Effective May 18th, St. Louis City and St. Louis County, in coordination with the Economic Development Partnership, will begin navigating toward the re-opening of our community. Here you will find their most current guidance for businesses and individuals as of May 12th, 2020. As always, for the most recent developments and updates please visit the following:
St. Louis City Re-Opening Guidance (as of May 12, 2020):
Health Commissioner’s Order #8 Phase I Reopening Standards and Guidance was originally posted on 5/8/2020, and updated on 5/11/2020 to include the Health Commissioner’s Order #8 and Exhibits.
Crane Agency has provided some additional resources below to help assist businesses and individuals with this transition, which can be downloaded here:
The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) today issued Frequently Asked Questions under the Consolidated Omnibus Budget Reconciliation Act (COBRA) and revised COBRA model notices. Plan administrators can use these model notices to notify plan participants and beneficiaries of their rights under COBRA and qualified beneficiaries of their rights to elect COBRA.
“The information we’re providing today will help Medicare-eligible Americans make key decisions regarding their healthcare coverage,” said U.S. Secretary of Labor Eugene Scalia. “As many individuals face economic hardship related to coronavirus, the Department will continue to inform workers and help them avoid incurring unnecessary health costs.” Scalia added, “This change was prompted by a letter from members of Congress –Representatives Kevin Brady, Virginia Foxx, Richard Neal, Frank Pallone, Bobby Scott, and Greg Walden. We thank them for their attention to the issue.”
In general, COBRA allows employees (and their families) who would otherwise lose their group health coverage due to certain life events to continue their same group health coverage. These events include termination or reduction in hours, death of a covered employee, divorce or legal separation, Medicare entitlement and loss of dependent status. COBRA generally lasts for 18 months but, in some cases, can last up to 36 months.
Under COBRA, group health plans must also provide covered employees and their families with certain notices explaining their COBRA rights. The revised model notices provide additional information to address COBRA’s interaction with Medicare. The model notices explain that there may be advantages to enrolling in Medicare before, or instead of, electing COBRA. It also highlights that if an individual is eligible for both COBRA and Medicare, electing COBRA coverage may impact enrollment into Medicare as well as certain out-of-pocket costs.
These documents will provide important information to COBRA-eligible individuals as they make healthcare choices for themselves and their families while assisting employers that must comply with the notice requirements under COBRA.
EBSA’s mission is to assure the security of the retirement, health, and other workplace-related benefits of America’s workers and their families. EBSA accomplishes this by developing effective regulations; assisting and educating workers, plan sponsors, fiduciaries and service providers; and vigorously enforcing the law.
The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.
As you may know, a new federal law expands how members can use their Health Savings Accounts (HSAs), Health Reimbursement Accounts (HRAs – Member Pay), and Flexible Spending Accounts (FSAs). We have attached a brochure prepared by Anthem outlining these changes, but please know this information applies to any carrier. As an employer, you don’t need to do anything to make this change effective. Here are the highlights:
Members can now use these accounts to purchase over-the-counter (OTC) medicines that had previously required a prescription. They can also use the accounts to purchase menstrual products.This will help them save on health care costs because the funds in these accounts are pre-tax.
For now, members may need to pay for these items out of their pockets and file claims for reimbursement.They’ll need to keep their receipts for these purchases. All eligible purchases they make after December 31, 2019, qualify.
They’ll be able to use their debit cards soon. Retailers are updating their systems to accept the cards for newly-approved items. Some stores may be ready now for OTC medicines and by May 15 for menstrual products. Others may need several weeks for the update.
Other updates you will find in our most recent edition of the Crane Agency Benefits Info Newsletter include our Employer’s Guide to COVID-19, COVID-19 scenarios related to available benefits, Reopening a Business After the Shutdown, Guidance from EEOC on ADA, Preventing Remote Employee Burnout, and the Form 5500 Deadline Extension just to name a few.
For additional COVID-19 related resources, please visit our Coronavirus Preparedness Resources (COVID-19) page. As always, if we can be of service in any way, please do not hesitate to contact your Crane Agency Broker Team. Until next time, stay safe and be well.
The National Council on Compensation Insurance (NCCI) has received numerous questions in the last few weeks regarding COVID-19 and the impact it may have on the workers’ compensation industry. This FAQ speaks specifically to recent changes related to furloughed and reassigned workers.
What can a business owner expect when workers are furloughed but still being paid?
The NCCI has proposed a new classification code – 0012. This code will apply to payroll for workers who have been laid off (furloughed) from their jobs but are still being paid. This is a change from the existing NCCI rule concerning “idle time,” which requires payroll to be included in the employee’s usual classification.
This new 0012 classification would not be included in the premium calculation (effectively a $0.00 rate), but the employer would be required to track this payroll in their accounting records as a separate item. The percentage allocation of payroll would not be allowed. Consult your Crane Agency Broker if you are paying employees who are not working to determine if your current policy can be adjusted now, or if the new classification will be applied during the audit process at the end of the policy term.
My business has limited operations due to COVID-19. As a result, employee job assignments and duties have been changed. Does this affect how my payroll is classified on my current policy?
The answer to this question is, “it depends” on the specific circumstances. The first thing to remember is that it is the overall nature of the business’s operations that are classified, not the activities of individual employees (unless they are in one of the standard exceptions such as clerical, outside sales or drivers, etc.) Therefore, it may be that the new duties are still within the scope of the original policy’s classifications.
If the business operations have changed substantially, then a new classification may apply. For example, if your business is making beer, but you are now making a hand sanitizer, that may require a new classification. The new classification would be effective on the date the change in operations was made. Your Crane broker can assist in determining if a new classification is needed.
Remember that it is the employer’s obligation to maintain payroll records in a manner that accurately tracks payroll for the different classifications.
Many of our employees are now working remotely from their homes. Does this result in a change of classification?
As with many aspects of the unique situation caused by COVID-19, the answer again is, “it depends.” Clerical employees who are now performing their duties from home might be switched from class code 8810 “Clerical” to class code 8871 “Clerical Telecommuter.” Other employees, such as drivers or outside salespeople, would remain in their existing classification, as would construction workers or repair service employees.
Note that if an employee’s residence is in a different state from their usual work location, the employer will want to add that state to section 3.A. of their workers’ compensation declarations page if it is not already shown in the policy declarations.
As with any rapidly changing topic, please visit the NCCI website for current guidance and the most recent updates related to COVID-19. If you should have questions about your specific policy, please contact your Crane Agency Broker Unit to discuss the options available for your business.
U.S. Department of Labor Considers Employer’s Good Faith Efforts When Enforcing Compliance During Coronavirus Pandemic
WASHINGTON, DC – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued interim guidance to advise compliance safety and health officers to evaluate an employer’s good faith efforts to comply with safety and health standards during the coronavirus pandemic.
Current infection control practices may limit the availability of employees, consultants, or contractors who normally provide training, auditing, equipment inspections, testing, and other essential safety and industrial hygiene services. Business closures and other restrictions may also preclude employee participation in training if trainers are unavailable and access to medical testing facilities may be limited or suspended.
During an inspection, compliance safety and health officers should assess an employer’s efforts to comply with standards that require annual or recurring audits, reviews, training or assessments. Officers should evaluate if the employer:
Explored all options to comply with applicable standards (e.g., use of virtual training or remote communication strategies);
Implemented interim alternative protections, such as engineering or administrative controls; and
Rescheduled required annual activity as soon as possible.
Employers unable to comply with OSHA requirements because local authorities required the workplace to close should demonstrate a good faith attempt to meet applicable requirements as soon as possible following the re-opening of the workplace.
OSHA will take employers’ attempts to comply in good faith into strong consideration when determining whether it cites a violation. The agency may issue a citation if it finds an employer cannot demonstrate any efforts to comply. To ensure corrective actions employers have taken once normal activities resume, OSHA will develop a program to conduct monitoring inspections from a randomized sampling of cases where the agency noted, but did not cite, violations.
This guidance takes effect immediately, and remains in effect until further notice. It is time-limited interim guidance in effect due to the current public health crisis. Visit OSHA’s COVID-19 webpage frequently for updates.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards and providing training, education, and assistance. For more information, visit www.osha.gov.
The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.
For more information, please contact your Crane Agency Broker Unit.
The Families First Coronavirus Response Act was signed into law on Wednesday, March 18, 2020. It is the second major legislative initiative passed in the United States in response to COVID-19.
Families First Coronavirus Response Act (FFCRA)
The Families First Coronavirus Response Act (FFCRA) took effect on April 1, 2020, and provides eligible workers with paid leave for reasons related to the coronavirus (COVID-19) pandemic. Covered employers should post notice of the FFCRA requirements in a conspicuous place on its premises. A copy of the notification is linked below, along with a link to the U.S. Department of Labor website, which provides additional guidance on paid leave requirements related to COVID-19.
We have also provided an FFCRA Compliance Bulletin, which includes frequently asked questions issued by the DOL to assist employers and employees on their responsibilities and rights under the FFCRA, as well as a resource on the U.S. Chamber website that outlines what businesses need to know.
The Families First Coronavirus Response Act includes two new significant paid leave laws: (1) the Emergency Family and Medical Leave Expansion Act, and (2) the Emergency Paid Sick Leave Act. Both statutes address absences from work caused by the COVID-19 pandemic. Both provisions are effective April 1, 2020, through December 31, 2020.
Emergency Family and Medical Leave Expansion Act (EFMLEA) This act creates a new form of FMLA leave covering up to 12 weeks of an eligible employee’s inability to work or telework “due to a need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.”
Emergency Paid Sick Leave Act (EPSLA) Employees covered under the EPSLA are entitled to paid leave for several different types of absences related to the COVID-19 pandemic:
– Employees subject to a Federal, State, or local quarantine or isolation order related to COVID-19
– Employees who have been advised by a health care provider to self-quarantine related to COVID-19
– Employees experiencing COVID-19 symptoms and are seeking a medical diagnosis
– Employees caring for an individual subject to an order described in (1) or self-quarantine as described in (2)
– An Employee caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons
– Employees experiencing any other substantially similar condition specified by the U.S. Department of Health and Human Services
Please visit the Crane Agency Coronavirus Preparedness Resource page for further information. As with any rapidly changing situation, please check local, state, and federal websites for the most recent updates and guidance on this quickly evolving topic.
In late February, it became increasingly clear that community transmission of COVID-19 had already begun to take hold in communities throughout the United States. Cities and counties on the West Coast were the first to take action by initially isolating more vulnerable groups, which included older citizens and those with underlying health conditions. By mid-March, six counties in California became the first to enact “shelter-in-place” orders, and on March 19th, Governor Gavin Newsom mandated the countries first state-wide order.
To date, all but a handful of states have taken action to mitigate the spread of the virus. On March 21st, St. Louis City and St. Louis County joined several other state and local municipalities to issue emergency orders to contain the spread of COVID-19. Kansas City, Missouri, and Springfield, Missouri, have also released “Stay-At-Home” orders, which took effect on March 24th and March 26th, respectively. On April 3rd, Governor Michael Parson issued a state-wide “Stay Home Missouri” order that took effect on April 6th.
With so many different emergency orders issued at the state and local level, some businesses and individuals are left struggling to determine what is considered an essential or non-essential business. To provide additional insight on this topic, Crane Agency has created 3 FAQ documents that provide further guidance:
Stay out of crowded places and avoid mass gatherings
It’s still too soon to say if these measures and their staggered implementation within states and across the country will do enough to slow the spread of COVID-19 to a manageable level.
State Data and Policy Actions to Address Coronavirus (KFF.org)
To date, states have taken a number of actions to mitigate the spread of the virus and reduce barriers to testing and treatment for those affected. This data tool provides state-level information on:
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law on Friday, March 27, 2020, and is the most massive economic relief bill in U.S. History. It will allocate $2.2 trillion in health care relief and emergency assistance for individuals, families, and businesses affected by the COVID-19 pandemic crisis.
The CARES Act was designed to distribute capital quickly and broadly. The Paycheck Protection Program (PPP) prioritizes millions of Americans employed by small businesses by authorizing up to $349 billion toward job retention and certain other expenses. Small businesses and eligible nonprofit organizations, Veterans organizations, and Tribal businesses described in the Small Business Act, as well as individuals who are self-employed or are independent contractors, are eligible if they also meet program size standards. (1)
Below you will find links to additional information, along with a few attachments, that may help covered businesses access the other resources available through the recently passed stimulus package:
Guidance from the U.S. Senate Committee on Small Business & Entrepreneurship
For individuals and families, $250 billion has been allocated for direct payments in the form of recovery rebates to help soften the economic challenges many are currently facing. Recovery rebates are refundable tax credits that will be applied to 2020 tax returns but will be advanced to taxpayers now based on their 2019 or 2018 adjusted income.
How much of a rebate will I receive?
Individuals with a Social Security Number (SSN) and who are not dependents may receive $1,200 (single filers and heads of household) or $2,400 (joint filers), with an additional rebate of $500 per qualifying child, if they have adjusted gross income (AGI) under $75,000 (single), $150,000 (joint), or $112,500 (heads of household) using 2019 tax return information. (The IRS will use 2018 tax return information if the taxpayer has not yet filed for 2019.) The rebate phases out at $50 for every $1,000 of income earned above those thresholds. (2)
How do I get my rebate?
For most Americans, no action is required. The IRS will use data from the most current tax returns or Social Security data to provide a rebate to Americans either via direct deposit (if such information is available) or through a paper check in the mail to the last address on file.
U.S. Treasury Secretary Steven Mnuchin said he hopes to distribute rebates to taxpayers who e-filed with direct deposit banking information in three weeks. Taxpayers receiving rebate checks may have to wait six to eight weeks to receive a paper check in the mail.
Treasury will be developing a web-based portal for individuals to provide their banking information to the IRS online. Taxpayers will be able to receive payments immediately as opposed to checks in the mail. (3)
Additional information regarding Rebate Relief, Social Security, Payroll Tax Changes, and Unemployment concerning the CARES Act can be found here:
Provisions of the CARES Act also address healthcare needs, expand individual access to retirement accounts, support education, and provide state and local governments with additional funds to help mitigate the on-going COVID-19 crisis.
