On April 1, 2019, the Department of Labor proposed a new regulation, and it wasn’t an April Fool’s joke. The new regulation would seek to update the Department’s sixty year old test for determining joint employer relationships under the Fair Labor Standards Act. It is worth noting that this is different from the long running dispute over the joint employer test decided by the National Labor Relations Board as a part of its 2013 Browning-Ferris decision. This new rule would apply to allegations that employers had failed to pay their workers legally obligated wages under the Fair Labor Standards Act. Joint employers would be jointly and severely liable for any ordered back pay.
When businesses think of ways that poor cyber security can lose them money, they often think of hackers breaching their systems. It’s easy to picture this as a pitched battle between the cyber criminals storming the castle walls, and the defenders seeking to repel them. Unfortunately, some cyber incidents and privacy breaches occur not through the concerted efforts of the bad guys; instead they happen due to simple mistakes and negligence by a company’s own employees.
What duties does your business owe to the employee of a customer or vendor? This may not be a question many companies have considered. They have contractual relationships with their customers and vendors that spell out the duties each owes to the other. Furthermore, that contract may require that each party obtain workers compensation insurance specifically to recompense any employee injured on the job.
No one wants to be sued, businesses especially. They particularly do not want to be sued by their customers or vendors. Many companies invest significant resources into policies and procedures designed specifically to avoid lawsuits. Unfortunately, some organizations choose to view lawsuits as the primary means of resolving disputes with others.
The Federal Motor Carrier Safety Administration uses Compliance Safety and Accountability scores to assess the safety of trucking companies and target the most at-risk companies for additional interventions. The CSA scores are composed of seven BASICs (Behavior Analysis and Safety Improvement Category) which attempt to use data available to the FMCSA to pinpoint trucking companies with inadequate safety procedures.
More and more companies are purchasing cyber insurance as the risks to the company’s businesses from the breach of their networks expand. More companies are also requiring that their vendors and contractors obtain cyber insurance to protect themselves from breaches caused by third parties. As the cyber insurance market place grows, it’s important for companies to know what they get with their cyber insurance policies to maximize the advantage of their purchase.
The Fair Labor Standards Act sets national standards for wage and hour issues related to employees. The law empowers the Department of Labor to set eligibility standards for overtime pay as well as a series of exemptions for it. On March 7th, 2019, the Department of Labor issued a Notice of Proposed Rulemaking that will change those eligibility standards significantly.
The failure to understand insurance coverage can create significant gaps in a company’s exposure. Businesses need to make sure they understand the terms of their policies when shopping for coverage to make sure what looks like a good deal isn’t paying a little less money for a lot less coverage. Professional liability policies, also known as errors and omissions coverage, can create some of these issues simply because of the way these policies vary from normal insurance coverage.
The Federal Motor Carrier Safety Administration was created in 2000 to reduce the number of crashes involving large trucks and tractor trailers. The FMCSA tackles this approach in a number of different ways. Some of those ways involve issuing regulations and enforcing those regulations with civil penalties. But the FMCSA also a mandate to issue educational trainings to carriers and truck drives aimed at improving road safety.
Ransomware continues to be a popular tool among hackers and cyber criminals. By locking users out of their own systems, these cyber criminals can extort significant payments from companies who risk losing way more money due to the interruption to their business. Traditionally, the number one target of ransomware attacks has been the healthcare industry due to the incredibly time-sensitive nature of their business. Recently however, hackers have focused their attacks on industrial businesses which is bad news for product manufacturers and physical plants.