Planning is critical in business and can make all the difference when it comes to generating revenue, building a reputation, reducing insurance exposures and satisfying customers. However, while proper planning can help your clients grow their business, the fact is that—even if they take every reasonable precaution—a crisis can occur without warning and lead to significant disruptions and business impacts. Simply put, a crisis is any situation that falls outside normal business and emergency response plans. A crisis may be an event your clients could’ve avoided if the proper protocols were in place (e.g., a social media crisis, or organizational errors and omissions) or a situation that’s completely out of your clients’ control (e.g., a natural disaster or a pandemic). Does your business have a crisis management plan?
When a Crisis Occurs, It May Significantly
Threaten the safety or well-being of a company’s people
Impair a company’s ability to operate effectively
Harm a company’s public reputation or image
Impact a company’s bottom line
Increase a company’s insurance exposures
The truth is that every business, regardless of the industry it operates in or the products or services it offers, will likely face a crisis at some point during its existence. These crises can threaten an organization’s reputation and even affect customers, donors and other third parties.
When such an event occurs, it’s critical that your clients are prepared to respond effectively with a crisis management plan. That’s where our new guide—A Guide to Creating a Crisis Management Plan—can help. This guide provides a general overview of crisis management plans and how your clients can create one of their own, enhancing any business continuity and loss control procedures their organization already has in place. It even includes a sample plan businesses can reference when establishing their crisis management strategies. Check it out today.
California’s Leader in Insurance and Risk Management
As one of the fastest growing agencies in California, GDI Insurance Agency, Inc. is able to provide its clients with the latest and greatest of what the insurance industry has to offer and much, much more. The GDI team has developed an “insurance cost reduction” quoting plan, that provides you with the best coverage at the best rate!
We are headquartered in Turlock, CA, with locations across the heart of California’s Central Valley, Northern California and beyond to provide a local feel to the solutions and services we provide our clients. We pride ourselves on exceeding our client’s expectations in every interaction to make sure that our client’s know how much we value and appreciate their business. Contact us today 1-209-634-2929 for your comprehensive insurance quote!
CDC Updates Guidance for Quarantine After an Exposure to COVID-19
As the coronavirus (COVID-19) pandemic continues, employers are discerning appropriate actions to prioritize health and safety within their workplace. Organizations are responsible for protecting the health of their employees, which can include recommending quarantine after an exposure to COVID-19. An exposure to COVID-19 may take place within the workplace, or an employee may report an exposure outside of the workplace.
This HR Insights article provides an overview of guidance from the Centers for Disease and Prevention (CDC) for quarantine after exposure to COVID-19. This guidance addresses who should quarantine, as well as how long quarantine should last dependent on the scenario.
Employers should continue to monitor current guidance from the CDC and follow recommendations from local health providers.
Quarantine After an Exposure to COVID-19
Quarantine is used to keep someone who might have been exposed to COVID-19 away from others. Quarantine helps prevent spread of disease that can occur before a person knows they are sick or if they are infected with the disease without feeling symptoms. People in quarantine should stay home, separate themselves from others, monitor their health and follow directions from their state or local health department.
Quarantine Timeline
The CDC recommends a quarantine period of 14 days after exposure to COVID-19. The quarantine should start and end at the same time of the day. For example, if starting quarantine at noon on one day, quarantine should end at noon on the 14th day. However, in scenarios where a person has an additional exposure to COVID-19, quarantine may require an extension, as outlined in the scenarios presented in this article.
In an exposure situation, it is possible that a person with a known case of COVID-19 could leave isolation after 10 days, rather than 14, which is earlier than a person who has been quarantined due to the possibility they are infected from an exposure.
Who Should Quarantine After An Exposure
Quarantine is recommended for people who have been in close contact with someone who has COVID-19—excluding people who have had COVID-19 within the past three months.
People who have tested positive for COVID-19 do not need to quarantine or get tested again for up to three months as long as they do not develop symptoms again. People who develop symptoms again within three months of their first bout of COVID-19 may need to be tested again if there is no other cause identified for their symptoms.
What Counts as Close Contact?
A person is considered to have been in close contact in the following situations:
Has been within 6 feet of someone who has COVID-19 for a total of 15 minutes or more
Has provided care at home to someone who is sick with COVID-19
Has had direct physical contact with a person who has COVID-19 (hugged or kissed them)
Has shared eating or drinking utensils with a person who has COVID-19
Has been sneezed or coughed on, or received respiratory droplets from a person who has COVID-19
Quarantine Scenarios
The CDC outlines four scenarios, and when quarantine can end:
Scenario 1: Close Contact With Someone Who Has COVID-19—Will Not Have Further Close Contact
This scenario applies to persons who have had close contact with someone who has COVID-19 and will not have further contact or interactions with the person while they are sick (e.g., co-worker, neighbor or friend).
The last day of quarantine is 14 days from the date of close contact.
Scenario 2: Close Contact With Someone Who Has COVID-19—Live With the Person But Can Avoid Further Close Contact
This scenario applies to persons who live with someone who has COVID-19 (e.g., roommate, partner or family member), and that person has isolated by staying in a separate bedroom. In this situation, this person has had no close contact with the person with COVID-19 since they began isolation.
The last day of quarantine is 14 days from when the person with COVID-19 began home isolation.
Scenario 3: Under Quarantine and Had Additional Close Contact With Someone Who Has COVID-19
This scenario applies to persons who live with someone who has COVID-19 and have started their 14-day quarantine period because of close contact. What if this person ends up having additional close contact with the person who has COVID-19 during quarantine? What if another household member gets sick with COVID-19? Does this person need to restart quarantine?
Yes. This person will have to restart quarantine from the last day they had close contact with anyone in their house who has COVID-19. Anytime a new household member gets sick with COVID-19 and this person has close contact, they will need to restart quarantine.
The last day of quarantine is 14 days after additional close contact.
Scenario 4: Lives With Someone Who Has COVID-19 and Cannot Avoid Continued Close Contact
This scenario applies to persons who live in a household where they cannot avoid close contact with a person who has COVID-19. These situations would include someone who is providing direct care to the person who is sick, doesn’t have a separate bedroom to isolate the person who is sick or lives in close quarters where they are unable to keep a physical distance of 6 feet.
This person should avoid contact with others outside the home while the person is sick, and quarantine for 14 days after the person who has COVID-19 meets the criteria to end home isolation.
Fourteen days can be added to the date the person with COVID-19 ends home isolation. After the additional 14 days conclude, quarantine can be discontinued.
For More Information
The recommendations provided in this article should not be considered legal advice. Employers should consult with local legal counsel for legal advice. Employers should continue to monitor current guidance from the CDC and follow recommendations from local health care providers. Contact GDI Insurance Agency, Inc. for additional COVID-19 resources.
Source: Centers for Disease Control and Prevention
California’s Leader in Insurance and Risk Management
As one of the fastest growing agencies in California, GDI Insurance Agency, Inc. is able to provide its clients with the latest and greatest of what the insurance industry has to offer and much, much more. The GDI team has developed an “insurance cost reduction” quoting plan, that provides you with the best coverage at the best rate!
We are headquartered in Turlock, CA, with locations across the heart of California’s Central Valley, Northern California and beyond to provide a local feel to the solutions and services we provide our clients. We pride ourselves on exceeding our client’s expectations in every interaction to make sure that our client’s know how much we value and appreciate their business.
The presence of unemployment-related scams has grown in the wake of the coronavirus (COVID-19) pandemic. Current unemployment scams include both fraudulent claims and unemployment-related phishing attempts. As many employers are currently dealing with the reality of a high amount of unemployment claims, organizations can take steps to prepare for fraudulent activity and to accurately identify legitimate requests. By taking proactive steps and preventive measures, your organization can be best prepared to identify and, if necessary, respond to fraudulent activity.
The Presence of Unemployment Scams
According to the U.S. Federal Trade Commission (FTC), scammers often file fraudulent unemployment claims, sometimes even for people who are not unemployed. And, unfortunately, many scams are not revealed until it is too late. Many scam artists may not even be located in the United States. With the coronavirus pandemic leading to unemployment rates as high as they’ve been since the economic crash in 2008, more unemployment claims are being processed than ever before. Scammers seek opportunity, and this niche has received enough attention to warrant a fraud alert from the FTC.
How Scams Happen
Unemployment-related scams can happen to a current or former employee—regardless of an employee’s role at an organization. While scams were also present pre-coronavirus, current unemployment scams primarily fall under the following categories:
Employers should be prepared to identify these types of fraudulent activities. By educating workforces, reviewing emails with caution and preparing appropriate scam responses, organizations can be better prepared for attempted fraud.
Preventing Scams
Employers can take certain steps, such as the following, to help prevent fraudulent activities:
Educate employees on how to identify phishing attempts—By building awareness of how to identify scams, employees can help prevent fraud. Employers may consider providing formal educational opportunities on how to identify phishing attempts and highlighting the importance of this topic using internal employee communications.
Train appropriate teams on how to identify unemployment claim scams—By investing in specific training sessions, employers may be able to help designated teams look out for common scams. For example, HR professionals who will be administrating or responding to unemployment claims should be well-informed on current scam tactics.
Review cybersecurity best practices—The FTC provides guidance, including a guide for small businesses, that organizations can use to help determine the best steps to take in their own organizations.
Communicate effectively with employees—While strong practices, education and training sessions can help prepare your workforce to prevent scams, employee buy-in will be key to effectively preventing fraudulent activity. Ensure education and communication regarding scams are ongoing initiatives so that employees remain up to date on how to help prevent scams.
Employers should be aware that there has been falsified information about unemployment scams being shared on the internet. Federal agencies, including the FTC, generally provide the most accurate and up-to-date resources.
Organizations can take steps to prevent fraudulent activities—appropriate efforts will vary due to unique aspects of your workplace, but proactive measures such as increased awareness can be an effective first line of defense.
Identifying Unemployment Scams
Government agencies and state representatives have standardized forms of messaging, which can be recognized by going through proper steps. According to a fraud alert issued by the DOL, the intent of phishing scammers is to have email recipients log in to an illicit account that impersonates the users’ personal accounts in order to steal various account numbers, passwords and Social Security numbers. Here are key points that employers should consider when receiving emails or evaluating unemployment-related internal practices:
Hover on and review links, but don’t click—By moving a mouse cursor over a link, you’ll be able to see the link without clicking and going to a potentially fraudulent site.
Know that state workforce agencies do not use secondary accounts—Real government agencies do not ask users to log in to external sites and will only ask for an email address if you are creating a user account on their websites.
Avoid following emailed directions to log in to a personal account—Common sites for which scammers have requested personal logins include Google, Microsoft, Apple and more. By logging in to what looks like one of these accounts, you may be providing your personal information, including a password, to scammers.
Responding to an Unemployment Scam
While employers and employees hope to avoid being victims of a scam in the first place, a timely and well-planned response can minimize damage and sometimes even prevent future fraudulent activity after a scam attempt does occur. The FTC offers the following steps for how to respond to a scam attempt:
Alert your workforce—Alert your employees that a scam has taken place and remind them of the need to be cautious. Ensure that employees know where to direct any notice from an entity claiming to be a government agency. This may be to a specified resource, such as IT.
Report the fraud—Best practices for reporting fraud vary by state, so check your state unemployment agency’s website for the correct instructions.
Retrain teams on what to look for—By investing in additional education on relevant scams, employers may be able to continue to help their teams look out for common scams.
Refer affected employees to identitytheft.gov—By reporting any fraudulent activity, including any identity theft, victims can get step-by-step help and the resources they need.
Ensure employees are aware of cybersecurity best practices—Effective cyber protection measures require buy-in from employees. Ensure employees are aware of how they can help prevent fraudulent activity.
Protecting Your Workplace
No workplace is immune to the threat of scams, and now is as good a time as ever to ensure your organization is taking adequate steps to both prevent and respond to any fraudulent activity. Employers should continue to follow guidance from the FTC and consult with local legal counsel when updating or changing policies. For additional resources, contact GDI Insurance Agency, Inc.
California’s Leader in Insurance and Risk Management
As one of the fastest growing agencies in California, GDI Insurance Agency, Inc. is able to provide its clients with the latest and greatest of what the insurance industry has to offer and much, much more. The GDI team has developed an “insurance cost reduction”quoting plan, that provides you with the best coverage at the best rate!
We are headquartered in Turlock, CA, with locations across the heart of California’s Central Valley, Northern California and beyond to provide a local feel to the solutions and services we provide our clients. We pride ourselves on exceeding our client’s expectations in every interaction to make sure that our client’s know how much we value and appreciate their business.
Contact us today 1-209-634-2929 for your comprehensive insurance quote!
A significant number of organizational data breaches stem from phishing attacks. At a glance, these attacks result from a cyber criminal utilizing a fraudulent email or other form of communication to trick the victim into providing sensitive information or downloading malicious software on their device. Phishing attacks have become increasingly sophisticated in recent years and can take place in a variety of different formats. Read more to see how to avoid the 3 common phishing attacks.
What’s more, the consequences of such an attack on organizations like yours can be severe—including lost or stolen data, prolonged business interruptions, financial devastation and reputational ruin. With this in mind, it’s crucial for your organization to understand the most common types of phishing attacks and implement strategies to reduce your risks.
Review the following for an overview of three top forms of phishing attacks and steps that your organization can take to protect against them:
Deceptive phishing—Known as the most common type of phishing attack, deceptive phishing occurs when a cyber criminal impersonates a trusted organization (e.g., a bank) via email to fool the victim into providing sensitive data or login credentials. To prevent deceptive phishing attacks, instruct staff to avoid responding to emails from seemingly legitimate organizations if the message appears overly urgent or aggressive, contains a generic greeting or has spelling errors.
Spear-phishing—This type of phishing attack entails a cyber criminal sending a more customized email (e.g., using the victim’s name or job title in the greeting) to convince the victim to click on a malicious link or attachment. To avoid spear-phishing attacks, discourage staff from sharing personal or company information online, and consider investing in security software that analyzes incoming emails for harmful links or attachments.
Whaling—This form of phishing attack takes place when a cyber criminal specifically targets a company executive with a spear-phishing email, gaining access to the executive’s account or device and authorizing fraudulent financial transfers or the distribution of employees’ personal information. Reduce the risk of whaling attacks within your organization by requiring executives to complete the same cyber security training as the rest of your staff and implementing multifactor authentication for all financial transactions and data transfers.
What Does Cyber Insurance Cover?
Across industry lines, organizations have become increasingly reliant on workplace technology to conduct key business operations. Whether it be for communication purposes, e-commerce, or data collection and storage, continued technological advancements have helped streamline a variety of organizational processes.
Nevertheless, utilizing such technology and digital practices within your workplace carries additional cyber exposures and liabilities. All it takes is a single security failing to cause large-scale damages, leaving your organization to deal with the costly ramifications that accompany a data breach. That’s why it’s crucial to secure adequate cyber insurance.
Specifically, having a cyber liability insurance policy in place can help protect your organization against financial losses that result from a data breach or other cyber incident. Cyber liability insurance typically includes the following types of coverage:
First-party coverage—This form of coverage can offer protection for any losses that your organization directly incurs from a cyber incident, including:
The cost of replacing or restoring any lost, stolen or damaged electronic data
Income losses and extra expenses that result from disrupted business operations
Ransom payments from a cyber extortion incident
The cost of notifying any parties affected by a cyber incident
Reputation preservation expenses (e.g., any public relations efforts following a cyber incident)
Third-party coverage—This form of coverage can provide protection for claims made or legal action taken against your organization by any stakeholders that suffered losses due to your company’s security failings, including:
Claims regarding negligent acts, errors or omissions that caused a cyber incident
Legal investigation and defense costs that result from a cyber incident
Regulatory fines or penalties due to noncompliance with data protection laws
Don’t let your organization suffer the costly consequences of a data breach. Contact us today to secure a cyber liability insurance policy that meets your organization’s unique needs.
Top Reasons to Secure Cyber Liability Insurance
Many organizations incorrectly label cyber insurance as a luxury purchase rather than a necessity. In fact, a recent survey conducted by insurance experts found that nearly 60% of small and midsized companies don’t have any type of cyber insurance. What’s worse, less than 30% of those companies feel inclined to purchase a such a policy in the near future.
Despite these startling statistics, it’s vital for organizations of all sizes and sectors to secure adequate cyber insurance. Here’s why:
You can’t afford a lack of protection. A single cyber incident can cost your organization millions of dollars in recovery expenses, business interruption costs and legal fees, which—without an insurance policy in place—could cause financial devastation.
Cyber attacks are common. Don’t assume that cyber incidents are a rare occurrence. Especially as cyber criminals become increasingly sophisticated and organizations continue to digitize key business operations, data breaches have become a top threat—making cyber insurance all the more critical.
Coverage is a contractual requirement. Many clients, vendors and suppliers include cyber insurance as a requirement in contractual agreements. In other words, securing cyber insurance is crucial to maintain your supply chain and ensure solid customer relationships.
Noncompliance can be costly. In the event that you violate state, federal or international data protection laws, the resulting fines can be significant. Cyber insurance can assist you with these costs.
California’s Leader in Insurance and Risk Management
As one of the fastest growing agencies in California,GDI Insurance Agency, Inc.is able to provide its clients with the latest and greatest of what the insurance industry has to offer and much, much more. The GDI team has developed an “insurance cost reduction” quoting plan, that provides you with the best coverage at the best rate!
We are headquartered in Turlock, CA, with locations across the heart of California’s Central Valley, Northern California and beyond to provide a local feel to the solutions and services we provide our clients. We pride ourselves on exceeding our client’s expectations in every interaction to make sure that our client’s know how much we value and appreciate their business.
In light of the coronavirus (COVID-19) pandemic, many organizations are taking precautions to best ensure the health and safety of their workforce. As return-to-work guidance plans are implemented, employees are also concerned about safety—and are often addressing concerns directly with their employers. These are the most common return-to-work guidance concerns.
As organizations address new challenges, many are seeking answers regarding what they can, and cannot do in response to common return-to-work concerns. This article serves as a general guide for employers regarding safety and workplace precautions as organizations prepare and implement return-to-work plans, and prepare to address common concerns as employees return to the workplace.
Employee and Employer Rights
Both employees and employers have rights, and—as workers return to the workplace and organizations consider appropriate actions to keep everyone safe—conversations about those rights will be ongoing.
During this time, employees are prioritizing safety, and they won’t be afraid to address issues they feel may be a risk. As employees bring forward individual concerns, employers should review the return-to-work guidance as they respond to each unique situation. While, in some cases, employees may be protected under federal or local laws and guidelines, employers should be aware of what rights they also have.
Common Issues with Return-to-Work Guidance
Each organization will address their own set of concerns, though there are some common issues that many employers face. Some of these common issues fall into categories, including:
Employers should be aware that federal, local and state guidance changes frequently and should be monitored on an ongoing basis. The U.S. Equal Employment Opportunity Commission (EEOC) has provided COVID-19 resources, and the Centers for Disease Control and Prevention (CDC) offers updated guidance for employers.
Employers should be aware that these considerations will vary depending on the locality of a workplace. The guidelines provided in the questions and answers that follow are not legal advice, and employers should consult with legal counsel for guidance, and before changing or implementing policies.
Employees Returning to Work
We’ve asked an employee to come back to work, but they are having an issue with caregiving responsibilities due to schools and day cares remaining closed. What are our options?
School and day care closings can put both employers and caregivers in a difficult situation since schools and day cares allow for many caregivers to go to work. Generally, employers aren’t required to oblige to requests regarding caregiving, and likely won’t be able to help the employee address the situation. An employee may request an unpaid leave of absence.
If an employee refuses to return to work, employers generally won’t be required to hold their job should they not return. According to the EEOC, employers may choose to provide flexibility if not treating employees differently on the basis of sex or other EEO-protected characteristics.
We have employees who have been working from home and would like them to come back to the workplace as we reopen. Can we require employees to come back to work at a physical location?
Generally, if employees are offered work and are being asked to come back into the workplace, they are required to return as there are little protections at the federal level. However, under the Americans with Disabilities Act (ADA), some employees may be entitled to continue teleworking as a reasonable accommodation. As well, under the Families First Coronavirus Response Act, some employees may qualify for paid family medical leave or paid sick leave under certain conditions related directly to COVID-19.
An employee used some time off. Are we allowed to ask where they went?
Employers may ask if an employee has visited certain high-risk locations during the coronavirus pandemic if consistent with business necessity. However, employers are unable to ask for general details about their time off. When health officials have recommended that people who visit certain locations remain at home for several days once they return, an employer may ask whether an employee is returning from those places, even if the travel was personal.
If an employee has traveled internationally, the U.S. Department of Homeland Security (DHS) may ask an employee where they went and could ask that employee to self-quarantine. As some states have specific laws related to an employee’s personal travel, employers should consult their local government’s laws and guidelines.
Though our workplace follows safety guidelines, an employee is concerned about exposure on their commute. What are our options?
If an employee doesn’t qualify under for reasonable accommodation under the ADA, an employer won’t always be required to grant permission for the employee to work remotely. While many employers continue to expand remote work practices, telecommuting isn’t always feasible. Employers can also consider unpaid leave, depending on the feasibility of the situation.
Return-to-Work Guidance onCOVID-19 Symptoms
About which symptoms can we ask employees who report feeling ill or call in sick?
According to the EEOC, an ADA-covered employer may ask employees if they have specific symptoms related to the coronavirus under pandemic conditions. All medical information should be protected as confidential under the ADA and be stored separately from the employee’s personnel file.
Can we require employees who have COVID-19-related symptoms to stay home?
According to the EEOC, employers are allowed to keep employees with COVID-19-related symptoms separate from others and keep them at home.
Employee Testing
Can we take temperatures of employees?
Taking an employee’s temperature would typically be considered a medical examination, which could be a violation of the ADA if not “job related and consistent with business necessity.” However, because the CDC and health authorities have acknowledged community spread of the coronavirus, employers may take employees’ temperatures, according to EEOC guidance. Employers should note that many individuals with COVID-19 will not have a fever.
Employers will continue to be able to take temperatures, only for as long as the EEOC and CDC deem these otherwise prohibited medical examinations as necessary to prevent the spread of COVID-19. Additionally, the ADA requires that all medical information and files for a particular employee be stored separately from that employee’s personnel file.
Can we require employees to take a COVID-19 test in order to work?
According to EEOC guidelines, to prevent COVID-19 from spreading in a workplace, organizations can typically require an employee to take a test to check whether they currently have an active case of COVID-19, which is considered a viral test.
While employers are allowed to require viral COVID-19 tests, an employer cannot require an employee to take a test to determine whether they have antibodies for the coronavirus. The antibody tests determine whether an individual has had COVID-19 in the past. According to the EEOC, an antibody test may violate the ADA because it would be a medical examination that is not “job related and consistent with business necessity.”
Masks and Face Coverings
If any employees find a mask uncomfortable, can we require them to wear it?
According to the EEOC, an employer may require employees to wear masks. As a form of personal protective equipment (PPE), masks and other PPE can be required if management considers it necessary.
However, an employee may be eligible for reasonable accommodation under the ADA or a religious accommodation under Title VII. If a request is presented, an organization can review the request and discuss an accommodation if not an undue hardship under the ADA.
Return-to-Work Guidance and Health Conditions
Are we allowed to ask employees if they have underlying health conditions that may put them in a high-risk category?
According to the EEOC, it is up to an employee to disclose any underlying health conditions that put them in a COVID-19 high-risk category. These protections are covered under the ADA.
When employees return to work after being sick with COVID-19, can we require they provide a doctor’s note clarifying they are safe to work?
In certain circumstances, employers may be able to require a doctor’s note during a pandemic, according to the EEOC. A request for a doctor’s note won’t necessarily violate the ADA, as such inquiries are permitted under the ADA when not disability-related. Employers may consider that many doctors and other health care professionals may be busy during and immediately after a pandemic such as COVID-19.
If an employee has an underlying health condition, can we require they return to work?
Under the ADA, an employee or a third party, such as the employees’ doctor, can request a reasonable accommodation related to a medical condition. An organization may be required to provide reasonable accommodation if it would not provide undue hardship.
Are pregnant employees identified as high-risk for COVID-19?
According to CDC guidelines, pregnant women aren’t identified as high-risk. However, some states have specific laws and guidelines regarding pregnancy and COVID-19. Check with local guidance for specifics.
Workers’ Compensation and Hazard Pay
If an employee contracts COVID-19 in our workplace, are they eligible for workers’ compensation?
Workers’ compensation may be filed; however, infectious diseases such as the flu have generally not resulted in entitlements to workers’ compensation. But this can vary. According to the DOL, It can often be challenging to prove that an employee contracted a virus or disease, such as COVID-19, at a work location. However, some states do have orders or bills addressing eligibility for workers’ compensation. Employers should monitor ongoing guidance and consult with local legal counsel.
Are independent contractors who contract COVID-19 eligible for workers’ compensation?
If an independent contractor believes they contracted COVID-19 while at work, they may file a lawsuit. Generally, these cases are challenging to prove. However, an independent contractor may make a claim for negligent behavior and safety hazards that put them at risk of contracting COVID-19.
An employee has contracted COVID-19 and believes they got it at work. What will likely be the result if they sue our organization?
According to the DOL, it can often be challenging to prove that an employee contracted a virus or disease at a workplace, although the employee may choose to file a lawsuit. However, an employee may also make a claim for negligent behavior or safety hazards that put them at risk of contracting COVID-19.
Are our employees entitled to hazard pay if their job puts them at risk of exposure to COVID-19?
The FLSA does not require hazard pay for those working during the coronavirus pandemic. Hazard pay is typically a private transaction and not required under the FLSA. However, some state or local laws may vary, and employers should consult with local legal counsel.
Federal Return-to-Work Guidance
What should our organization do if an employee claims our workplace is not following CDC guidelines for a coronavirus-safe workplace?
Employees are entitled to file a complaint with OSHA. As employers address an employee’s concerns, the proper response will vary based on local orders and unique circumstances within an organization. Some state or local laws may vary, and employers should consult with local legal counsel.
If an employee addresses safety practices, is our organization required to respond?
According to the U.S. Department of Labor (DOL), whistleblower laws protect employees and are enforced by OSHA. Retaliatory actions are illegal, and employees do have the right to file a complaint with OSHA. Also, workers may request a reasonable accommodation, and they do have some protections if they refuse to work in a situation when workplace conditions could put their safety in danger.
If a COVID-19 vaccine is developed, can we require our employees to get it?
Employers generally can require vaccinations during pandemic situations. However, an employee may be entitled to an exemption should the vaccine interfere with a medical condition or be in violation of an individual’s religious beliefs.
Return-to-Work Guidance
Many of these common concerns won’t always have the same solution, and employers should continue to monitor ongoing guidance from federal agencies such as the CDC, EEOC and OSHA, as well as updates from local officials. Current guidance is changing rapidly, so ensure your organization is staying up to date with current requirements, recommendations and best practices.
The guidelines discussed in this article are not legal advice. Employers should consult with local legal counsel for legal advice. For addition return-to-work resources, contact GDI Insurance Agency, Inc.
California’s Leader in Insurance and Risk Management
As one of the fastest growing agencies in California, GDI Insurance Agency, Inc. is able to provide its clients with the latest and greatest of what the insurance industry has to offer and much, much more. The GDI team has developed an “insurance cost reduction” quoting plan, that provides you with the best coverage at the best rate!
We are headquartered in Turlock, CA, with locations across the heart of California’s Central Valley, Northern California and beyond to provide a local feel to the solutions and services we provide our clients. We pride ourselves on exceeding our client’s expectations in every interaction to make sure that our client’s know how much we value and appreciate their business.
Contact us today 1-209-634-2929 for your comprehensive insurance quote!
Everyone knows that name-calling, teasing and other bullying behavior is unwelcome in the workplace. But what if the comments are veiled in humor? Jokes about “old farts” or “screen-obsessed millennials” might seem like acceptable office banter to some, but these comments may amount to ageism and could seriously impact an organization—and should be quickly snuffed out when noticed. It’s important to make generational jabs in the workplace unacceptable.
This article explains some of the ways offhand comments or generational jabs can affect a workplace and outlines steps employers can take to combat their spread.
The Scope of Ageist Comments
Ageism is a prejudice against people of certain ages. These views are typically seen in flippant comments that call attention to someone’s age. In practice, these prejudices can limit productivity, stifle communication and expand interpersonal rifts. Like other prejudices, ageist comments should not be tolerated in the workplace. And, given the labor market forecast, employers should be acting now.
There will be 42 million workers over the age of 55 in the workforce by 2026, according to the U.S. Bureau of Labor Statistics. Employers who wait to address ageism issues will be significantly disadvantaged among this population.
What Ageist Comments Look Like
Just like accusations of racism or sexism, some individuals may have different interpretations of an ageist situation. In other words, it’s sometimes difficult to prove that a comment or action was related to prejudiced views.
Regardless, employees should never have to question whether a comment or action was prejudiced—such behavior should be clearly defined as inappropriate. As such, here are some examples of ageist comments:
Using the phrase “OK, Boomer” in response to a colleague’s comment
Attributing a co-worker’s mistake to their age
Using phrases like “they’ve been around the block,” “at your age” or similar offhand remarks (no matter how innocuous the comments may seem)
Changing topics in a conversation and explaining it’s because one of the listeners won’t understand due to their age
Legal Considerations
Beyond interpersonal issues, seemingly harmless comments can leave room for age-discrimination cases. Age discrimination is a serious accusation, since age is a protected employment status (for workers ages 40 and older). Even though the burden of proof is on the employee, being faced with a lawsuit—regardless of fault—can be financially crippling. That’s why employers should do everything they can to address ageism and other discrimination periodically. Briefly addressing these issues in onboarding training may not be sufficient for protecting an organization from potential discrimination claims.
What Employers Can Do About Generational Jabs
Prohibiting ageist comments can help discourage their proliferation, but that doesn’t guarantee they’ll vanish. Prejudiced viewpoints may persist even if individuals aren’t speaking their minds. That’s why training can be valuable for reinforcing appropriate communication behavior.
Some employers are requiring workers to complete conflict resolution training as a way to combat ageism and other discriminatory views. In these trainings, employees can role-play and learn to see comments from other perspectives.
Other organizations are focusing on implicit bias training. This training focuses less on resolving apparent conflicts and more on informing participants of biases they may not know they have. This perspective can be especially valuable among diverse teams who are experiencing issues but are unsure as to the cause.
Generational Jabs in Your Workplace
Getting employees to stop cracking jokes isn’t likely to happen. However, thoughtful training can make them understand how damaging some jokes can be.
Don’t risk a potential age-discrimination claim. Assess how your organization addresses workplace prejudices and consider areas that need expanding.
Speak with GDI Insurance Agency, Inc. for more information on this and other workplace topics.
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