Vehicle Telematics: the tattletales of driving habits


The words “Fleet Management†may make some business owners’ skin crawl but it’s one of those things they just can’t ignore. For most companies, this is a key aspect of their overall operations and something that needs constant attention.

Some commercial insurance companies are providing “Fleet Monitoring†premium discounts for the use of telematics, with the hopes that it will reduce the amount of claims and incidents within their commercial auto fleet.

Telematics refers to technology such as front facing cameras, sensors, GPS, and vehicle engine diagnostics. These devices can effectively monitor driving behaviors such as location, hard braking, rapid acceleration, speeding and hard cornering. Identifying these habits is an important element of commercial auto insurance, especially given the increasing rates lately.

The results of these telematics can help determine the risk, along with appropriate pricing and proactive loss control. Some of the technology can even alert the driver itself in real-time of any unacceptable driving behaviors to prevent an accident or injury. Vehicle engine diagnostics also helps tremendously with monitoring things like the health of the vehicle, for example: oil life, fuel efficiency, tire pressure, engine or fluid needs, etc. This is yet another part of fleet management that can be very time consuming and stressful on a business owner/manager.

According to the Federal Motor Carrier Safety Administration, the amount of fatal crashes involving large trucks and/or buses has increased by 42% since 2009. Ironically, technology such as cell phones could have contributed to that and here we are, talking about technology of other forms to help prevent it. But isn’t that our reality now… All things technology? But shouldn’t we be open to anything that can get that number back down? While telematics are optional for now, it could be very soon that they are actually required and that may not be a bad thing.

What do I do if an employee is exposed to or tests positive for COVID-19?


As many businesses return to work after the stay-at-home order from the COVID-19 pandemic – and even as essential businesses continue to work amidst the quarantine – business owners may question how they should handle symptoms or positive cases in the workplace. The following protocol has been recommended by Employment and Business Law attorney Terin Cremer of Barbas Cremer, PLLC:

If an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace BUT maintain confidentiality as required by the Americans with Disabilities Act (ADA). Those who have symptoms should self-isolate and follow CDC recommended steps:

• Employees should not return to work until the criteria to discontinue home isolation are met and cleared by healthcare provider

•Pre-screen employees (e.g., measuring the employee’s temperature and assessing symptoms of COVID-19 prior to starting work) and perform regular medical monitoring (e.g., the employee should self-monitor for symptoms or follow up with the employer’s occupational health program) of exposed workers.

• Consult with an occupational health provider and state and/or local health officials to ensure that medical monitoring is conducted appropriately.

Maintaining open, honest communication will assist with keeping everyone as healthy as possible and the workplace as safe as can be, which also limits a business owner’s liability exposure. Stay tuned for updates and additional tips on how to handle these types of situations and be safe!

Important updates on FFCRA and employee leave


With the Coronavirus being something new to most people as of this year, it is to be expected that the way we react to and handle it to be unfamiliar territory. Even just this week, the FFCRA (Families First Coronavirus Response Act) guidelines were challenged after some DOL (Department of Labor) changes. This stemmed from a court hearing in New York but could trickle out to the rest of the US as well. Here is some important information from our valued HR partner, Think HR:

FFCRA Leave – Significant Rule Changes

A federal court in New York recently struck down four federal DOL rules related to the leaves provided by the FFFCRA. As a result, certain aspects of the FFCRA are now more favorable to employees. Unfortunately, it’s not clear if the ruling applies nationwide or only in the Southern District of New York, where that court is located. Until there is further activity in the case—which may clarify whether the rules remain intact throughout the rest of the country—we recommend that employers err on the side of caution when administering FFCRA leaves and assume these particular rules no longer apply.

What is clear is that these four rules definitely do not apply to the counties of Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester (i.e., the Southern District of New York).

Here are the rules that the court invalidated:

1. The requirement that work be available for an employee to use leave
• DOL Rule: The DOL said that for an employee to use Emergency Paid Sick Leave (EPSL) or Emergency Family and Medical Leave (EFMLA, aka EFMLEA), the employer had to have work available for them during the time they needed leave. For instance, if an employee was furloughed while sick with COVID-19, they would not be eligible for EPSL.

• The Court’s Ruling: Availability of work is irrelevant. If an employee is still employed, whether on the schedule or not, they should be allowed to use FFCRA leave for qualifying reasons.

2. The requirement that employers agree to intermittent leave
• DOL Rule: Employees must get approval from their employer to use intermittent leave to care for their children when their school or place of care is unavailable because of COVID-19.

• The Court’s Ruling: If an employee needs intermittent leave (partial weeks or partial days off) to care for their child whose school or place of care is unavailable because of COVID-19, the employer must allow it.

3. The requirement that employees provide documentation before taking leave
• DOL Rule: Employers could require that employees provide certain documentation before being allowed to take FFCRA leave or before designating the leave as EPSL or EFMLA.

• The Court’s Ruling: Employers can still require documentation (which is necessary to get their tax credit), but they can’t prevent an employee from starting leave until the documentation is received. The law clearly states that an employee must provide notice “as is practicable†when taking EFMLA leave and after the first workday of leave when taking EPSL.

4. The definition of health care provider, for the purpose of exemption from leave
• DOL Rule: The DOL had defined health care providers broadly, to include anyone who works for a healthcare entity and many who contract with one. (The rule was so broad that a custodian working at a drugstore or an English professor at a university with a medical school could be exempt.)

• The Court’s Ruling: The definition is too broad. However, the court did not provide a new definition. We recommend that employers apply the exemption only to those employees capable of directly providing healthcare services.

As a partner of Think HR, we will pay close attention for activity in this particular case and will let employers know if and when things change or become clearer.

Does Medicare cover hearing aids?


Asking for a friend, right? Nah, don’t be silly. Hearing loss is a real thing! According to the National Institute on Deafness & Other Communication Disorders, 8.5% of adults age 55-64 experience significant hearing loss. Technology today has created some pretty incredible hearing aids to solve this problem, however they can be rather pricey. It may not seem possible to put a price tag on the sound of your grandchild’s voice that warms your heart, a honking horn in traffic that keeps you safe, a movie you’d like to enjoy with your spouse, or your favorite song… but the reality is that, given how far they’ve come, the average cost of hearing aids in 2020 is around $2,500 each.

Individual insurance policies do not typically cover hearing aids and neither does original Medicare (parts A&B). Therefore a Medicare Supplement, such as the most commonly known Plan F, does not cover them either. Supplements only extend coverage to what original Medicare covers first so if it’s excluded by parts A&B, it’s excluded by the Supplement as well.

Some Medicare Advantage plans will offer coverage for hearing aids with a copayment. Medicare Advantage plans, such as the Blue Medicare Choice PPO from Florida Blue, take the place of original Medicare. They function more like an individual under-65 health plan in that they have copays, coinsurance, deductibles, out of pocket maximums and prescription drug coverage built in. These plans usually have a lower monthly premium but more out of pocket expenses for medical services. The Florida Blue Advantage plan that we have and are most familiar with has a copay of $699-$999 per hearing aid (with up to two aids per year), depending on the details of the aid itself.

Hearing aids and any available insurance coverage for them varies from plan to plan and company to company. If you’re considering them, please talk with your doctor and your insurance advisor to fully understand what may be available to you. We’re happy to hear out any questions you may have.