Insight & advice from the experts at Marshall & Sterling

U.S. Supreme Court Cases for Employers to Watch in 2024
In 2024, the U.S. Supreme Court will decide several cases—it has already decided one case—that may have a significant impact on employers. It is important that employers are aware of the issues presented in these cases and the potential implications the Supreme Court’s decisions could have on the workplace.
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Health Plan Eligibility: Do's & Don'ts to Avoiding Penalties
Employers sponsoring group health plans have some flexibility when deciding which groups of employees and dependents will be eligible for coverage. However, there are several crucial eligibility requirements employers should adhere to for health coverage. These rules can be categorized into important eligibility “do’s” and “don’ts” for employers to follow.
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Legal Update: NYC Requires Employers to Provide Notice of Workers’ Rights
New York City (NYC) has enacted a new law, Local Law 161, that requires every employer in the city to post and provide each of their employees with a “Workers’ Bill of Rights” by July 1, 2024.
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Compliance Overview: Independent Contractor Rule
Worker classification directly impacts employee eligibility for benefits, legal protections (such as minimum wage and overtime rights) and taxation. Employee misclassification is a growing concern for the U.S. Department of Labor (DOL). While several tests exist to determine whether a worker is an employee or an independent contractor, the DOL uses the economic reality test (ERT), which examines whether a worker is economically dependent on the employer or engaged in business for themselves. Under this test, if a worker is economically dependent on the employer, they are an employee and should be protected by employment laws, including the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The DOL released a final rule, effective March 11, 2024, revising the agency’s guidance on how to analyze who is an employee or independent contractor under the FLSA. This final rule rescinds the 2021 Independent Contractor Rule.
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Risk Management: Quarterly Compliance Updates
Keeping up with compliance developments can be difficult and time-consuming. This quarterly update highlights recent legal developments to help your organization stay on top of new requirements and minimize its compliance risks.

For more information on these topics, please contact Marshall & Sterling
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How New Drivers Can Lower Car Insurance Premiums
Car insurance rates typically decrease as drivers get older, with the most significant decrease occurring between 18 and 19. This decline in premiums is due to insurance companies’ perceived risk reduction between these ages.
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The Most Common Hazard in the U.S.: Is Your Business Protected from Flood Risks?
A study published in the Nature Climate Change journal predicts that the annual cost of flood damage in the United States will increase by more than 25% by 2050—from $32 billion to $40.6 billion.

The impact of floods on businesses can be devasting, resulting in lost production, sales, income and labor time; transportation costs; decreased tourist activity; and utility disruptions. In fact, 40% of small businesses never reopen following a natural disaster, according to FEMA and the U.S. Department of Labor.
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Mitigating Commercial Risks: Workers Comp and Cyber Attacks
An essential component of workers’ compensation is an effective return-to-work (RTW) program. Eliminating injuries and illnesses is paramount for reducing workers’ compensation costs, but after an incident has occurred, an RTW program can significantly reduce workers’ compensation expenses for employers and improve the lives of employees. Read on for more information on RTW programs and best practices for establishing and maintaining them.
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Preventing Suspension Trauma: Essential Strategies for Construction Sites
The risk of serious injury or death doesn’t end after a construction worker’s fall has been arrested. Although personal protective equipment (PPE) may prevent ground impacts, it may leave workers vulnerable to suspension trauma—also known as orthostatic intolerance or harness hang syndrome—which can lead to serious injury or death. It is crucial for those in the construction industry to be familiar with the signs and symptoms of suspension trauma as well as how to help prevent its negative outcomes.
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Controlling Premium Audits to Eliminate Overcharges
Due to the volume of requests they receive, insurance companies have developed a very efficient premium audit process. While they strive to be as accurate as possible, they don’t have the time or resources to investigate and resolve every possible error or ambiguity that presents itself. As a result, your company may experience multiple, unintentional overcharges. If you know the rules, you can take control of the process by anticipating and preparing the exact information your insurance company needs to prevent inadvertent overcharges, saving your company money in the process.
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