Business Insurance

Should employees be driving their personal vehicles to the job site?

Posted on by McGriff Williams in Business Insurance, Human Resources, McGriff-Williams News |

With a (thankfully) booming construction industry these days and growth even happening outside of our home towns, travel and transportation is more of a focus than ever. Safety should always be the first concern but liability is a close second.

Some business owners may question what the right thing to do is when it comes to employees getting to and from job sites daily. Should they drive their own personal vehicle? Or should you provide a company vehicle? What do either of those scenarios look like from a coverage standpoint to be sure you and your company are protected? Here are a few tips that will hopefully help clarify these uncertainties.

Quite simply, it is not recommended that employees drive their own personal vehicles for work purposes. Work use is typically defined by going to or from a job, transporting tools or equipment, and/or other employees riding along as passengers. An accident occurring in this type of situation could be denied coverage by the vehicle owner’s personal insurance policy as well as the business policy since that vehicle is not listed there and the driver is most likely not listed either.

If you decide to provide a company vehicle to an employee, there are a few steps you can take (in addition to adding them to your policy immediately) to avoid what we call “negligent entrustment.”

  • On the written job application, include a place to list all driving violations or accidents for the past 5 years. You should also include a section authorizing the employer to obtain and review motor vehicle records (MVR) on a regular basis.
  • Before allowing anyone to drive a vehicle for company purposes, have the individual provide proof of a valid driver’s license.
  • If the individual has lived in other states during the previous 5 years, obtain drivers’ license information for those states.
  • Require all drivers to report any violations they receive or accidents they are involved in as soon as possible. This includes incidents involving personal vehicles.
  • Check all drivers’MVRs at least once a year.

Other important factors include:
– Vehicle Condition and Maintenance
– Driver Training
– Policy of Restricting Personal Use of company vehicles (including those vehicles that go home with employees after work hours)

Evaluating the current status of your company’s fleet safety and risk management program is extremely important. And a step further, making the effort to improve those policies where needed on a regular basis will help limit your company’s exposure to a negligent entrustment judgment, as well as help control your future insurance costs.

Have you thought about what HR really looks like after COVID?

Posted on by McGriff Williams in Business Insurance, Human Resources, McGriff-Williams News |

Although the COVID pandemic may not be quite over yet, there are several considerations all business owners and anyone in HR should be thinking about. In addition to new processes, this is also a great opportunity to revisit current procedures to ensure things are operating as they should. Here are a few steps you can take to cover your HR bases today and in the future of our new normal.

Be sure you have a plan in place for things such as:

o Remote work and technology
o Policies on employee termination, furlough vs layoff, pay cuts, time off
o Return to work (after injury or exposure) protocol
o Safety measures and screenings
o Office closure in the event it is mandated
o Handling an exposure within the workplace
o Mental health support
o Communication methods with both staff and clients

You should also have a structured plan for how you will stay current with resources like:

o Families First Coronavirus Response Act
o Coronavirus Aid, Relief, and Economic Security Act
o Centers for Disease Control, local and state government guidelines

This is extremely important in an effort to remain compliant at all times. Something like COVID is a very fluid and ambiguous situation with requirements as little as a poster you’re instructed to have up at your business’s front entrance so you want to be sure you’re adhering to all instructions given.

2020 may have felt like a bit of an HR roller coaster or even a nightmare. However, let’s look ahead to 2021 and beyond. There is no better chance to prove your care and consideration for your staff than the way you react to a crisis. Your employees are watching. Your efforts and actions when they need you most will leave a lasting impression and be an invaluable reason they remain loyal to you.

 

What is your protocol for employees returning to work after an injury?

Posted on by McGriff Williams in Business Insurance, Human Resources |

It may sound alarming but it’s reality that almost all employees of a company will, at some point in their career, either be injured or contract an illness of some kind. The way their employer reacts to and handles that leave of absence, as well as their return to work, will speak volumes. Studies have shown that employees feel more valued and want to work harder when they know their leader is in their corner and wants them back as soon as possible.

Establishing a solid, realistic and fair return-to-work program is extremely important for business owners. First and foremost, there are some legal considerations to comply with. The Family and Medical Leave Act (FMLA) as well as the Americans with Disabilities Act (ADA) have guidelines in place to protect employees from losing their job if they are unable to perform, given their disability or injury. These, along with state non-discrimination laws, require that employers provide reasonable accommodations for employees returning to work but unable to perform at the same level they did prior to their injury or illness. Two important things for business owners to consider here are:

1. An employer cannot refuse the employee’s return to work unless they pose as a direct threat.
2. The fact that an injury or illness occurred does not necessarily mean they can no longer do their job, assuming they are not a direct threat.

Deeming an employee able to return to work, either in their pre-injury/illness capacity or a different position, may fall on the employer’s own discretion, which can be very difficult. The most commonly advised strategy for business owners in this position is to consult with the physician releasing the employee to work, get legal guidance if it’s questionable, and have a plan in writing that is agreed upon with the employee. The goal is to bring the employee back in to the work force safely and in a way that is productive for themselves, the rest of the team and the company as a whole.
Developing a return-to-work program that will apply to any position is the key here. It will keep things organized, efficient and consistent. Here are a few tips in creating a return-to-work plan:

– Define which employees or positions this program applies to
– Document the job duties of each position in the company
– Reporting process – to whom, frequency of reporting, and if advance notification is needed
– Medical evaluation documentation and use of a medical provider process
– How physical limitations will be assessed for reasonable accommodations
– Process for limited duty or transitional assignments to bring employees back sooner than later
– Consequences if an employee refuses to participate in the return-to-work program

Good and open communication throughout will undoubtedly make this program a success. Don’t forget the details though it’s more than just checking in:

– Date of injury/initial clinic visit
– Physician status reports and follow-up visits
– Contact between employee and manager or HR (phone calls, emails, etc.)
– Interactive process to determine potential reasonable accommodations
– Written transitional duty offer letter
– Acceptance/refusal of or modified transitional duty agreement

A great way to keep all of this together and organized is in a return-to-work kit or section of your employee handbook. Nothing shows more support from an employer than being there for your team in their time of need and helping them get back on their feet to be an asset to the company.

 

Does the new Department of Labor rule apply to your business?

Posted on by McGriff Williams in Business Insurance, Human Resources |

The Department of Labor recently proposed a new rule that they feel will better classify workers and it is something employers should be paying close attention to.

If this rule were to pass, it would adopt a new economic reality test to determine what employees should be considered independent contractors and of course, which ones should not. The plan details that contractors should be in business for themselves rather than having any economic dependency on the employer they are performing work for.

There are two main factors in determining employment status:
– The nature and degree of the employer’s control over work being performed
– The worker’s potential profit and/or loss based on personal investment
If those are in question, there are additional considerations that may play a part such as the amount of skill required or utilized in the work, how permanent or long term the working relationship is, and if the work in question is integrated in a larger unit of production.

The goal of this rule is to provide clarity and consistency to both employers and employees as to who qualifies as an employees under the Fair Labor Standards Act and those, respectfully, that choose to go the entrepreneurial route of being an independent contractor.

This proposal is up for lots of discussion throughout the official comment period but should be finalized by the end of 2020.

 

Are you required to provide paid time off for your employees to vote?

Posted on by McGriff Williams in Business Insurance, Human Resources |

It’s almost Election Day in one of the biggest election years of the recent past. More so than ever, people are emotionally charged and the media is explosive about Tuesday, November 3rd, 2020. It’s been a controversial year, to say the least. While this may cause strain or stress for some, you can help alleviate that from your employees by encouraging and accommodating them to vote.

It may come as a surprise but the majority of states in the U.S. require that employees be given time off to vote and often times, that time is paid. Although Florida is not one of them, it may be wise to formulate a policy outlining your offer and expectations for their voting leave time.

Here are some suggestions that may be helpful. If you have employees outside of Florida or are curious what another state’s requirements are, we’d be happy to share.

– Do not schedule any company or departmental meetings on election day
– Work with your management team to cover absences
– Provide a set amount of paid time off (even if not required in your state and even if it’s just one hour)
– Trust your employees and anticipate long lines, it could take longer than you think
– Be flexible and prepared for last minute voting leave requests

Given the current pandemic situation, it’s more important than ever to BE FLEXIBLE. Schedules may not be what they were before and some staff members may still be working from home or juggling children.

The more supportive you are as they try to fulfil their civic duty on top of an already full plate, the more they will see and appreciate the value in being a part of your team and work family. Be sure to communicate this plan with your team so they know their voice matters and you want it to be heard.