| By Jim Lombardo, CPCU, AAI, AIM, MBA, AVP of Learning & Development Boy am I glad things are finally getting back to normal! Or are they? I actually am seeing what I will call “A NEW Normal”. Think about it- did you learn any new habits (good I hope) that you can continue to practice even after things return to normal? What do I mean? Have you and/or your staff learned to work efficiently virtually? Have you implemented some new customer service protocols that should be sustained? Have you been able to regularly contact your team, vendors and clients by using email, Zoom, text or other means of communication that maybe you never used prior to the pandemic?
Did you clean your office and work areas? Are you now more organized? And, on a personal note, have you been exercising more? Spending more time with family? Read a good book?
You see, my point is- I am not sure we will ever return to the normal we knew way back in the early part of 2019. Think about it...
And here are some upcoming CE classes to think about as well…
ACSR 6 Commercial Property Insurance Webinar
Is This Stuff for Real - Emerging Risks
15inONE CE Program: E&O
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A guest post by Walter Contreras of Motiva
Join us for a FREE webinar by Motiva on July 13th: 5 Cyber Security Protections EVERY Agency Needs NOW
As the number of spam and phishing emails continues to rise, it is increasingly more valuable for you and your staff to be trained how to recognize a scam when you see one. Do you know how to identify and handle email scams that want to infiltrate your business? Let us start with these tricks to recognize an email scam Look at the email headers: Some of the first pointers you’ll get are the email headers, i.e. the subject line, the sender name, and so on. Beware of fake names, the reason many people get sucked into scams is because the names used by such scams sound pretty popular. One of the biggest traps people fall in is, they think the email address that sent them the mail looks legit. Look at the language used: You can tell when an email has been auto-generated when it contains too many special characters, such as quotes, periods, commas, etc. Many hackers will misspell words on purpose. This is actually a tactic used to find less worried users. Hackers have learned that if they get a response from this type of email, they are onto an easier target and will focus their efforts against that user. Look carefully at the URL: Always make sure the link is legitimate. On most smartphones, you can long press hyperlinks to see more info. The URL is probably the one thing that will give away a scam, which is why they try to disguise it as best as they can. They try to make their emails and webpages look like real ones, and even try to hide the URL. the URL looks something like ‘amazon.com-index.in’, in reality, it is actually a .in domain, with Amazon as a sub-domain, which anyone can configure on their own domains Pay Attention to Emails with Plain Text and No Logos: Legitimate emails will be written in HTML and will contain a mix of plain text and images. Also, legitimate emails generally have the company’s logo. A phishing email may have an absence of images, including the lack of company logos. When you receive an email claiming to be a company you’re family with, check out the logo and message branding. If the email looks different from the emails you usually get from that company, the current email is likely a scam. The whole Message Body Is An Image: Many hackers will send an email without any “actual” text, the entire message will just be an image. Make sure the email is a mixture of text and images. Beware of Requests for Personal Information: A common tactic that is used by hackers is to alert you that you must provide or update your personal account information. (Social Security number, bank account details, account username or password). Most reputable companies will never email you asking for personal information, especially not unprovoked. If you receive an email asking you to divulge personal details, then there’s a good chance the message is from a scammer. Be Suspicious of Unfamiliar Attachments: is this the first time this company has sent me an attachment? Most reputable retailers or financial institutions will not send attachments via email, so be extra careful about opening any from senders or messages that seem suspicious.
How to recognize an email scam in under 60 seconds? Here are the top questions you need to ask yourself to recognize if the email you received is a scam: Is the email from someone you do not know, or communicate with normally? Is the person asking for something unusual, Information related to an online account or password, or otherwise acting out of the usual behavior? Is the sender’s email address from a suspicious popular domain? Were you CC’ed on an email with other people you do not know? Does the subject line seem irrelevant, not make sense, or not match the content of the email? Is the email a reply to a message you never sent? Is the sender asking you to click on a link or open an attachment? When you hover over any links within the email, does it show a different link than what is contained within the body of the email? Is the link to a well-known website, but spelled incorrectly and somewhat suspicious looking? Is the sender stating something bad will happen if you do not click the link, or that there is extreme value in clicking the link? Does the email contain spelling mistakes? Is your gut or “Spidey Sense” trying to tell you something…
If you answer yes to any of the following questions, the email you just opened may well be a scam. Empowering your employees to recognize common cyber threats can help your organization’s computer security. Security awareness training helps employees to understand vulnerabilities and threats to business operations. Having a well-established cybersecurity strategy, and a cybersecurity training and awareness program to accompany it, are key to the security of modern-day businesses. Are you interested in testing and measuring the effectiveness of your cybersecurity? Fill out the form at the right and find out.
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|  The legislature is adjourned and not scheduled to reconvene until January 2022. However, two Big I NY-opposed bills were passed by the legislature, and will be sent to the Governor for signature or veto. Big I NY is calling on the Governor to veto both of these bills. Disclosure of Policy Information in Litigation – S.7052/A8041 At the 11th hour, the Senate and Assembly rushed through legislation mandating that all insurance documents be disclosed early in litigation, including insurance application documents. We opposed this bill on the grounds that it creates serious privacy concerns for insureds, as insurance applications contain a large amount of personal information that should not be disclosed publicly. Furthermore this bill further tips the balance of New York's legal system in favor of plaintiffs' attorneys, allowing them to engage in “fishing expeditions" for information to drive higher payouts. This would worsen the state's already abysmal legal climate, resulting in higher costs for policyholders.
Dog Breed Underwriting Bill – A.4075/S.4245 This legislation would prohibit insurers from canceling, refusing to issue or renew, or charging higher premiums for homeowners' insurance based on the breed of a dog. We are concerned this bill will lead to higher premiums for all homeowners as they will have to in effect subsidize premiums for owners of risky breeds.
Contact Scott Hobson with questions.
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| On June 24th, Governor Cuomo announced the end of the COVID-19 State of Emergency, thus ending the associated emergency executive orders. This means that for the time being, remote notarization is no longer authorized, and the notary rules revert to the pre-pandemic state. However, the legislature recently passed a Big I NY-supported bill to allow remote notarization on a permanent basis. That bill has not yet been sent to the Governor, and once it is signed as anticipated, it will take effect in 120 days.
We do not have an exact timeframe as to when the bill will be sent to the governor and signed, but we do know that the soonest remote notarization could be permitted again is 120 days. We will notify our members when this occurs, but until then, notarizations should be conducted following the pre-pandemic rules.
Contact Scott Hobson with any questions.
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At Big I New York, we believe the insurance industry has a place for everyone. While we celebrate LGBTQ+ Pride Month in June, our commitment to making the insurance industry more diverse, equitable and inclusive is a year-round endeavor. We encourage you to learn more about the history of Pride Month here, and learn more about Big I NY's diversity and inclusion initiatives here.
Know someone who would be a great fit in the insurance industry? Have them visit insuremycareer.com to get started.
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| Find out what New York's new workplace safety law means to your agency. Registration is open at www.biginy.org/education.
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| 3 Things
Sign up now for next week’s GearUP! NY HERO Act. A new law requires all New York employers to protect workers from exposure to serious airborne infectious diseases. What does that mean for your workplace? Join us on June 29 to learn how it will affect your employees and you. Free for members!
2 Ideas
1 Question
Imagine you are a professional baseball player. What is your introduction (walk up) song? Mine is Brick House by the Commodores. Let me know your song via email at skeegan@biginy.org or post in our Community. |
| 
Juneteenth celebrates
June 19, 1865. On this date, Major General Gordon Granger and Union troops of
the American Civil War reached Galveston, Texas with news of the Civil War’s
end and that the enslaved were now free. Juneteenth is the oldest known
celebration commemorating the ending of slavery in the United States. Learn
more about the history of Juneteenth here. (While this article
mentions that Juneteenth is not yet a federal holiday, President Biden signed a
bill on June 17, 2021 to make Juneteenth a federal holiday.)
At Big I NY, we
believe our industry has a place for everyone. Our commitment to diversity,
inclusion, and equity includes our goal of Talent Development and Recruitment,
exploring new ways to reach communities that have been historically
under-represented in insurance careers. This Juneteenth, we are reminded of and
reaffirm this commitment. Learn more about our diversity and inclusion initiative. How are you celebrating Juneteenth? |
| Gangs of cyber criminals are organizing themselves along the lines of drug cartels and changing their strategy of attack in order to keep ahead of authorities' efforts to stamp them out. These cartels are formed to execute ransomware campaigns collaboratively, expanding hackers' playbooks to include so-called “double extortion," data exfiltration and data modification.
US lawmakers criticized Colonial Pipeline Co.'s cybersecurity practices as the company's chief executive officer faced his second day of questioning on Capitol Hill. “If your pipeline provides fuel to 45% of the East Coast, why are you only hardening systems after an attack? Why wasn't it done beforehand," said Representative John Katko, a Republican from New York and ranking member of the House Homeland Security Committee, which held Wednesday's hearing on lessons learned from the attack. Insurer Nationwide has invested in an early-stage funding round for Certificial, an insurtech with a platform that issues real-time certificates of insurance and simplifies compliance management. Customers, insurance carriers and their distribution need nonstandard auto protection for drivers now more than any time in history. Although some carriers have declined to cover higher-risk drivers in the past, that could change, partly as a result of economic turmoil caused by the COVID-19 pandemic. A proposed bill in New York relating to unfair claims settlement practices would provide policyholders with a private right of action against insurers who refuse or delay payment of a claim. The bill comes as many policyholders have expressed frustration over business interruption claim denials in the wake of the COVID-19 pandemic.
Following a tumultuous year sorting through the fallout from the COVID-19 pandemic and a significant number of natural disasters, property and casualty (P&C) insurers stand to gain a boost from President Joe Biden's proposed $2 trillion infrastructure plan. While the scope of the proposal is expected to change as it moves through Congress, its anticipated large investments will be made to modernize the nation's highways, rebuild bridges, and upgrade ports and airports, along with other critical infrastructure needs. Since the start of the pandemic, U.S. drivers are even more distracted and are speeding more frequently, according to the smartphone telematics platform TrueMotion. In-hand phone use specifically, including scrolling, swiping and typing, has increased by up to 15% relative to before the pandemic. And it's not just phone use that's concerning. Recently, an emergency room physician told me that early in the pandemic, he had seen an uptick in critical injuries caused by devastating crashes; with the roads empty, people in his city were drag racing on normally busy public highways. By 2026, the global usage-based insurance (UBI) market is anticipated to increase 27.7%, compounded annually, reaching a projected value of $66.8 billion. Growth in the number of telematics-equipped vehicles hitting roads coupled with government regulations on safety and telematics services are anticipated to propel the market, the research company reports. Further, lower insurance premiums offered through UBI are expected to boost the market. In a significant break with case law, the Court of Appeals ruled in Burlington v. NYC Transit Authority that additional insured endorsement on a commercial general liability (CGL) policy is “restricted to liability for any bodily injury caused in whole or in part by the acts or omissions of the named insured, the coverage applies to injury proximately caused by the named insured." New York City's law department was been hit with a cyber attack that forced officials to take the 1,000-lawyer agency offline, but Mayor Bill de Blasio said he believes no data was compromised in the hack. City officials said they disconnected the law department's computers from the city's network on Sunday, after discovering the cyber attack.
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| By Paige McAllister, SPHR, SHRM-SCP, Vice President for Compliance – Affinity HR Group, Inc.
Marijuana is now legal in some form in 35 states and Washington, D.C. with 7 additional states having decriminalized marijuana possession and 2 states legalizing CBD oil use. (You can find the current status of marijuana legality in your state here.) Many experts expect the continued expansion of legalization of various forms.
Much like alcohol, no law requires employers to allow employees to use or be under the influence of marijuana at work. However, unlike alcohol, testing for the presence of marijuana presents a problem because it can be detected for much longer than a person experiences its side effects or symptoms.
So, what do you need to know and do as an employer?
Know the laws in your state:
Currently 18 states have legalized medicinal marijuana and 17 states and DC have fully legalized marijuana for medicinal and recreational purposes. Several states also have laws preventing employers from taking employment actions against employees for legal off-duty conduct.
Understand the different uses:
Recreational marijuana can be used by adults (usually 21 years of age or older) in limited amounts as they wish.
Medicinal marijuana requires a prescription from a health care provider due to covered reasons, which vary state-to-state. By definition, an employee who has a prescription for its use has a condition which may be protected under the ADA and ADAAA.
Cannabidiol (or CBD oil) is oil derived from the cannabis plant which is used to relieve a long list of issues including pain and inflammation as well as anxiety and depression, migraines, MS, epilepsy, and Parkinson’s disease. It does not cause mind-altering effects as those seen in marijuana.
To have a better chance of recognizing if an employee is under the influence while at the workplace, you need to become familiar with common tell-tale signs including the stereotypical dilated pupils and odor of marijuana but also: - distorted sense of time,
- impaired memory,
- impaired coordination,
- difficulty in thinking clearly,
- mood swings,
- hallucinations or delusions,
- fear or anxiety, and/or
- increased appetite.
Various factors including amount consumed, concentration of THC, body weight and metabolism, if anything has been eaten, and general tolerance impact how long these side effects will be observed.
Understand the different testing options and standards: Marijuana can be detected using saliva, blood, urine, or hair testing methods, each having different detection parameters and timing. Again, factors such as form (i.e., smoke or edible), repeated and regular usage, age, and weight will impact if marijuana is detected and how long it will show up in a person’s system, ranging from 36 hours to 90 days.
Also, CBD oil itself may result in a positive THC drug result even though it does not cause the “high” of marijuana.
Update your pre-employment procedures: Background checks: You may not be able to consider past marijuana-related criminal convictions once decriminalized. Even in the states where use is still illegal but past convictions are decriminalized, you must disregard any reference to these convictions if they appear on a criminal history report.
Pre-employment drug screening: Unless the position falls under stricter federal regulations (such as DOT), consider the practicality of testing for marijuana after making a conditional offer of employment to a candidate. - If your state has fully legalized marijuana use, you will be prohibited from taking any action on this result so you may be paying for something you cannot use or enforce. Furthermore, if legal off-duty activities are protected in your state, then you may now have knowledge of an activity which, if you treat them adversely or differently during employment, can create legal exposure for you.
- If medicinal use is legal, a positive result may lead you to ask about medical information to verify the legal use. This could then create ADA / ADAAA exposure as the candidate would have to reveal medical information requiring marijuana as a treatment.
In both these situations, consider removing marijuana drug testing from your pre-hire process to eliminate this exposure. If you do keep it in your process, train anyone involved as to what is and is not allowed and what can and cannot be asked to clarify.
Enforce policies prohibiting the use, possession, and being under the influence at work: Given the impact on safety and productivity, employers are allowed to take action if an employee shows multiple side effects, especially if involved in a workplace accident. If you suspect an employee is under the influence of marijuana you should - have another manager confirm multiple side effects being exhibited.
- remove the employee from their workspace, especially if they could cause harm to themselves, others, or property.
- have someone take the employee for a drug test. (Do not let them drive themselves!)
- take proper disciplinary action, including possible termination if the side effects are verified by a positive test.
In states where marijuana is only legal for medical use, if the employee justifies the positive result claiming they have a prescription, verify their prescription card or ask for a note from their health care provider.
Clearly state your expectations before and during employment: As mentioned before, there is no law requiring employers to allow employees to use, possess, sell, or be under the influence of marijuana while at work. Given the negative impacts to performance and safety, employers can and should take a no-tolerance stance to marijuana as well as alcohol and mind-altering drugs (even if prescribed) in the workplace. Clearly and repeatedly state this expectation and the repercussions for failing to meet this expectation to all applicants, candidates, and employees throughout the hiring process and the employment relationship. Explain the company’s drug testing procedures and disciplinary action, including immediate termination, for failing to meet that expectation.
Stay up-to-date on this constantly evolving area of employment law: Given the changing regulations, we recommend staying current on the marijuana laws in your state. If you have applicants or employees based in other states, you also need to learn the laws in those states as well.
Consult with your employment attorney or HR consultant before implementing, revising, or enforcing your marijuana / drug testing policy.
Affinity HR Group continues to monitor the subtleties of the different state marijuana laws. Please reach out to us with any questions.
Paige McAllister is a contributor for Affinity HR Group, Inc., Big I NY’s affiliated human resources partner. Affinity HR Group specializes in providing human resources assistance to associations such as Big I NY and their member companies. To learn more, visit www.affinityHRgroup.com. |
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