Wage and hour litigation outpacing all other workplace class actions!

According to an industry expert, wage-and-hour litigation is the "No. 1 exposure area in corporate America as far as the plaintiffs class action bar is concerned."

Wage and hour lawsuits have become a major concern for employers, with the Dept. of Labor stating the 40,000 wage-and- hour complaints during fiscal 2010 were up about 15% from the previous year's total.

The complexity of federal and state laws, the relative ease of winning class action certification and workers laid off as a result of the weak economy have led to more litigation in recent years, observers say.

Among reasons for the lawsuits' growth is establishing a class action under the Fair Labor Standards Act is relatively easy under the federal rules of civil procedures, said Paul J. Siegel, a partner with Jackson Lewis L.L.P. in Melville, N.Y.

Many claims fall into two major categories: misclassification of workers as exempt, and unpaid overtime, observers say.

However, employers can minimize the chances of litigation by taking steps that include periodic audits to determine whether employees are being properly classified, as well as careful record-keeping.

When employers are sued, experts say settling the case may be the wiser course.
Employers should keep good records, periodically audit their employee classification and record-keeping, and practice diligent supervisor training to avoid wage-and-hour lawsuits, observers say.
When employees are working off the clock, employers should be aware that federal and state laws may differ when it come to meal or rest breaks and stay up to date on regulations, Mr. Maatman said.
Companies also should have a complaint or grievance procedure for workers who feel they are not being paid appropriately, he said.

Reprinted from Business Insurance.

Employer requests for job applicants' usernames, passwords gets lawmakers' attention

WASHINGTON—Two U.S. senators are calling on the Equal Employment Opportunity Commission and the U.S. Department of Justice to launch an investigation into a “new, disturbing trend” of employers demanding that job applicants turn over their usernames and passwords for social networking and email sites.

The realities of the new world of social networking is spawning more and more questions about 'privacy'.

If an employee uses a 'screen-name' to disparage his or her employer - what recourse does the employer have?

I am sure this will end up in the courts.

Increased regulation expands directors and officers exposures: Panel!

NEW YORK—Stricter reporting and disclosure requirements, expanded enforcement efforts and greater public visibility of wrongful acts during the past several years have increased the likelihood of derivative civil litigation for some companies after a government investigation, according to a panel of attorneys at the ninth annual Anderson Kill & Olick P.C. Directors and Officers Conference in New York.

Top 5 Workplace Injuries Causes Make Up to 72% of Overall Annual National Costs!

Workers Compensation claims continue to be the biggest expense to the US Employer - the following are the top five type of claims - regardless of industry.

1.       Over exertion:  Injuries from lifting, pushing, pulling, holding and carrying -  $12.75 Billion.

2.       Fall on ‘same level - $7.95 Billion.

3.       Fall to ‘lower level’ - $5.35 Billion.

4.       Bodily Reaction – Bending, climbing, reaching, standing, sitting, slipping, tripping  - $5.28 Billion.

5.       Struck by object - $4.64 Billion

Loss control, safety management, back to work programs, regular claims and reserve reviews can all assist in mitigating these costs.

Two KEY Insurance challenges for Finance in 2012......

1.      Property and Supply Chain exposures.

2.      Contractual Liability Obligations

Catastrophic  losses – especially overseas - have exacerbated the Property and Reinsurance market resulting in a rapidly hardening rates  and  reduced capacity.

Coverage gaps  in General Liability policies  resulting  in uncovered claims can lead to millions of dollars in litigation payouts or settlement.

The Soft Insurance Market is DEAD! Long Live the Soft Market!

Call it collusion, call it conspiracy – or call it a maneuver  to stem a tide of diminishing profits, but Insurance carriers are universally raising Property & Casualty rates.

The days of premium reductions are over. Carriers believe that they must both rebuild their bottom line  and reduce their loss ratios.

No-one is immune and now, more then ever, you need to be advised by your broker of market conditions, coverage changes and program solutions.

Some keys to a successful renewal......

(1) Understand the market conditions and budget accordingly. Anticipate and understand the repercussions of potential coverage and limit changes.

(2) Early commencement of the renewal process - Gathering of underwriting material, loss forecasting, benchmarking, claims reviews, etc

(3) Risk Management and Loss control - Ensure that YOUR risk has a clean and presentable profile.

(4) Tell the story - Your broker should understand your business and have a distinct expertise with companies like your own so as to make the underwriters understand the nature of the risk.

(5) Market leverage - A broker with a large volume of business or capacity in a specific vertical is much more likely to use his/her leverage to get the optimal price.

Simple and Innovative Ways to Control your TCOR (Total Cost of Risk)

Many finance people have trouble figuring out what their Total Cost of Risk is - let alone how to control or reduce it.

Often, your current insurance broker may not have the means nor even understand the means to control and reduce TCOR.

The following are a few simple areas where a broker can in partnership with the finance team effect the TCOR and thus Growth, Cost Containment, Asset Protection and utlimately Business Continuity.

* Coverage and policy audits: To limit the company's exposure to un-covered claims, know what you are covered for and better, what many coverage enhancements are available.

* Benchmarking and CAT Modeling: To ensure that the company is not overinsured OR underinsured - and thus exposed to unpaid claims.

* Claims reviews: Monitoring reserves, safety and back to work initiatives, fraud awareness can go a long way in mitigating loss ratios and thus experience mods.....

* Experience Mod Audits: 90% of mod audits result in return premiums to companies. Don't let the NCCI or other agencies penalize you unjustifiably.

* Classification Reviews: A good broker will dictate to the carrier how his client should be rated - and thus charged. Don't leave it up to the insurance carrier.

* Loss forecasting: A good broker advocate with the right tools, can 'paint' a better loss picture - no matter how detrimental - to the carrier. Again pre-empting the carriers attempts to profit unneccessarily at your expense.