Three Major Cyber Threats to Businesses

Three Major Cyber Threats to Businesses

Cybersecurity threats have continued growing, in fact they been ramping up during 2020, and the trend according to experts is that the risks will continue to grow at an exponential rate.

And small to mid-sized firms that think they will fly under the radar of cyber threats are sadly mistaken, as they are usually easier pickings for criminals. Worse yet, one incident could put a firm out of business.

To protect your company from attack, here are three cybersecurity threats you should prepare for now.

Ransomware attacks

In a ransomware attack, hackers access your data and hold it hostage until you pay some type of ransom. This means business owners have to choose between losing their data or paying a hefty sum.

Ransomware is usually delivered through phishing e-mails that appear legitimate at first glance.

The e-mail generally includes an attachment or link containing malicious code and once an unsuspecting employee clicks on it, they unleash the code first into their workstation and later into your network.

To protect against ransomware, the Small Business Administration recommends that you and your staff:

  • Verify web addresses before downloading e-mail attachments.
  • Don’t give out personal information about your company to unsolicited callers.
  • Don’t give out financial information about your company over e-mail.

Man-in-the-middle (MITM) attacks

These are relatively new attacks when cyber criminals intercept and alter incoming traffic. Once intercepted, the hackers redirect the victim’s browser to a malicious website where they can steal and even change sensitive information.

These MITM attacks are usually initiated by malware.

The best way to combat MITM attacks is by using some type of endpoint authentication to make it harder for hackers to intercept traffic. For instance, passwords are becoming increasingly unreliable, so two-factor identification methods (like a text message with a secret code being sent) can provide additional security.

Lack of awareness

Ninety percent of the time when hackers gain access to a company’s database and network, it’s due to human error, typically when an employee clicks on a link or opens a malicious attachment to an e-mail, unleashing the attack.

Other ways criminals gain access include when an employee leaves a laptop in an unsecured location, or they send sensitive company information to an unintended recipient.

The best way to thwart cyber criminals is by training your employees on cyber-security best practices:

  • The creation of strong passwords and changing passwords regularly.
  • Never installing unauthorized software.
  • How to stay safe online and on social media.
  • Strategies for responsible e-mail usage.
  • How to keep their devices secure while they’re at the office and away.
  • What to do in the event of a cyber attack.

The final backstop

Any firm that stores sensitive information and company intellectual property on a network may want to consider a cyber insurance policy. As threats have evolved, so have insurance products – data breach insurance and cyber liability insurance – and even they will vary in terms of coverage from one insurer to the next:

Data breach insurance – This will cover your business if you have a breach of personal identifiable information or personal health information is lost or stolen, either by hackers or a forgetful employee losing a laptop. Policies will usually cover:

  • Costs of notifying affected customers, patients or employees.
  • Costs of hiring a public relations firm.
  • Costs of offering credit monitoring services to data breach victims.

Some policies will also include or offer as a rider extortion coverage, which helps cover the amount you paid if someone has taken your business’s data and demanded a ransom.

Cyber liability insurance – This helps cover financial losses due to cyber attacks or other tech-related risks, as well as privacy investigations or lawsuits following an attack. It will usually cover:

  • Legal services.
  • Notification expenses to alert affected customers and employees that their personal information was compromised.
  • Extortion paid to recover locked files in a ransomware attack.
  • Lost income from a network outage.
  • Lawsuits related to customer or employee privacy and security.
  • Regulatory fines.

The takeaway

The cybersecurity threat grows daily. Make sure you train your employees well and warn them against clicking on malicious links by training them on how to identify suspicious e-mails.

Also, to ensure you’re not bankrupted by an attack, you should consider some type of cyber insurance as it can provide a much-needed blanket of protection.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages.  We help contractors set up proper risk transfer.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening, ways to lower your insurance costs.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;   9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2020 – BGES Group

Documenting Small Safety Incidents Key to Preventing Major Ones

Protecting Your Firm from Employee Benefit Lawsuits

Employment practices and employee benefit-related lawsuits are on the rise – and employers have to be eternally vigilant when it comes to meeting their compliance obligations as plan sponsors.

Take the case of Visteon, a global automotive industry supplier, which outsourced its payroll and enrollment/disenrollment functions to outside plan administrators.

But because of internal mistakes at the firms that Visteon outsourced these noncore HR functions to, some of its former employees who should have received COBRA eligibility notices after leaving the firm never received them. At first it was just a handful, but ultimately 741 co-workers signed on to a class-action lawsuit.

Visteon argued in court that it was not its own mistakes that had caused the error, and that it had made a good-faith effort to hire outside experts to take over this function for them. Payroll and enrollment, after all, are not core competencies for an auto parts supplier, the company said, and it had been relying on the expertise of these other payroll companies to properly execute these functions and provide these notices.

The court didn’t buy Visteon’s argument. Rather, it held the company responsible in 2013 for poor internal tracking systems, negligence in overseeing its third party administrators, and failure to accept responsibility for its COBRA notification efforts.

That exposed them to the statutory penalty of $110 per worker per day for failure to provide notification.

In the end, for doing what tens of thousands of employers are doing nationwide – relying on third party administrators to handle payroll functions that are regulated under COBRA – Visteon was slapped with $1.8 million in penalties.

Employers are frequent lawsuit targets

As much as companies rely on their employees to generate profits, simply having them around and administering their benefit plans potentially exposes employers to significant possible liability.

According to a survey from insurer CNA, employment-related disputes are the fastest-growing category of civil lawsuits in America.

Employers face risk from the potential of lawsuits employees may bring for alleged failure to fulfill their fiduciary duties as sponsors of retirement plans under ERISA, for example, or for accidental or unauthorized leaks of personally identifiable information, which carries significant penalties under HIPAA.

Sponsors of defined contribution pension plans, such as 401(k)s, are particularly frequent targets of lawsuits for various fiduciary failures, errors or omissions.

Protecting your firm from legal action

So how can employers protect themselves against the potential costs of employee benefit-related litigation? You should:

  • Carefully monitor your plan third party administrators. Insist that they document their own compliance practices to you. Don’t take their word for it.
  • Reconcile your own lists of recently departed employees with your payroll company’s COBRA notifications.
  • Understand that your commercial general liability insurance policy usually will not cover you against liability arising from improper administration of employee benefit plans, ERISA, COBRA, USERRA, wage and hour laws, Title VII related lawsuits, and the like.
  • Consider employment practices liability insurance. This coverage will often protect against lawsuits like this and cover legal expenses, and even judgments.
  • Conduct regular reviews with advisers of investments in pension and 401(k) plans. Investments should be reviewed at least annually – and quarterly is not unusual.
  • Ensure that fees paid to 401(k) and other plan administrators are not excessive. You don’t have to go with the cheapest provider (that can be trouble, too). But if you do choose a higher-fee vendor, document why you made that decision so that you can show your reasoning in court and defend your decision-making as sound and prudent.
  • Invest in data security and HR compliance expertise.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;  9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We help contractors set up proper risk transfer mechanisms. If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2020 – BGES Group

Reviews

Worker’s Compensation – 10 Ways To Save Money and/or Better Your Situation!

Unhappy with your present Worker’s Compensation pricing, company or audits? For 39 years we’ve been one of tri-states Workers Compensation Specialists. Tell us what you’d like and let us go get it for you!

Having trouble renewing coverage due to poor loss experience? In the middle of an audit dispute? Feel like you’ve been overcharged for years? For free, let us look into whatever issue(s) you’re having and help fix them.

Would you like to get money back from your past seven (7) year carriers? We can review your policies and if we find mistakes, get you money back. We do not charge any up front fees for this service. We work on a contingency fee basis.

We can get you any type policy. A stand alone policy. A Payroll/WC plan. A Professional Employer Organization Plan (PEO). A State or Assigned Risk policy. We have access to over 20 companies.

We are encyclopedias when it comes to the ins and outs of the Workers Compensation system.  Like tax specialists, we know the rules and how to use them to benefit clients.

Unlike special programs where administrators charge up to an extra 10% service fee, we DO NOT charge a fee (unless company does not pay us a commission). We hear complaints how administrators charge 10% fees but do nothing. We are ALWAYS helpful AND do not gouge clients.

Are you in the construction industry? Many of you are being overcharged because your broker doesn’t know about or is too lazy to apply for this special credit. We got one client a 17% credit!

When you have a question, claim, need a certificate, how would you like to get a person on the phone in seconds or a certificate back in 5 minutes? We DO NOT use phone systems. When you call you get us on the phone in seconds.

Sick of getting beat up by insurance companies? Taking whatever price increases they charge? Want to work with someone who fights for their clients and usually has a Plan B and C in place just in case?

When you work with BGES Group this is what you can expect. The president, Gary Wallach, has been specializing in Workers Compensation since 1981. And that is who will be servicing your account if you decide you need a change.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;  9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We help contractors set up proper risk transfer mechanisms. If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2020 – BGES GroupGray Wallach

New Rules Require Health Plans to Cover COVID-19 Vaccines, More

New Rules Require Health Plans to Cover COVID-19 Vaccines, More

The Trump administration has issued new interim final rules that set out accelerated coverage requirements for COVID-19 preventative services and covering out-of-network testing for the coronavirus.

There are two parts to the interim final rules:

  • One requires that COVID-19 preventative services – including vaccines – be covered without any cost-sharing on the part of plan enrollees.
  • The second creates a reimbursement formula for insurers to pay for COVID-19 testing conducted on their enrollees by out-of-network providers.

The new rules, which implement important parts of the CARES Act, were rolled out by the Treasury, Labor, and Health and Human Services departments.

If you are a plan sponsor, you need to know how this affects your group health plan so you can help your staff understand how testing and preventative COVID-19 services are covered.

COVID-19 preventative services

The CARES Act requires that COVID-19-related preventative services be covered within 15 business days after a doctor recommends that a patient needs them.

COVID-19 preventative services must be covered without any out-of-pocket costs on behalf of health plan enrollees, whether they receive those services inside or outside their plan’s provider network. The reason for this is that as vaccines start rolling out, not all providers may have access in the beginning.

The rules are required to ensure that people who need vaccines can access them without any hardship to help put an end to the pandemic.

Under the rules insurers must pay out-of-network providers a “reasonable amount,” which would be determined by the prevailing market rates that providers are charging health plans for the service. That may be the Medicare rate, the regulations note.

The rules cover more preventative services than just vaccines. They must also cover services that are “integral” to delivering preventative services, such as administrative costs.

Finally, if a preventative service, including a COVID-19 vaccine, is not billed separately from an office visit, and the primary purpose of the office visit is to deliver the recommended service or vaccine, the plan or insurer may not charge cost-sharing for the office visit.

COVID-19 tests by out-of-network providers

The new rules also set out the parameters for how health plans will pay out-of-network providers for COVID-19 diagnostic tests they perform on the latter’s enrollees.

On testing, the CARES Act requires that:

  • Health care providers post on their websites the cash price or any lower negotiated price for COVID-19 diagnostic testing. The “cash price” is the charge that applies to a walk-in patient who pays cash for the service.
  • Health insurers pay out-of-network providers of COVID-19 diagnostic tests the price posted on the provider’s website during the public health emergency.

The takeaway

If you sponsor a group health plan, you should communicate the new rules to your participating employees so that they are aware of the no out-of-pocket rules for COVID-19 preventative services.

You should also keep up with the news about when vaccines will be rolled out in your area, so you can encourage your staff to get vaccinated.

The new rules will sunset at the end of the public health emergency. Currently, that’s slated for Jan. 21, 2021, but will likely to be extended as it is unlikely a vaccine can be rolled out en masse by that time.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages.  We help contractors set up proper risk transfer.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening, ways to lower your insurance costs.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;   9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2020 – BGES Group

Reviews

What Companies are Doing for Holiday Parties During Pandemic

One of the hallmarks of the holiday season is the company Christmas party, but with the COVID-19 pandemic in hyperdrive, many companies are rethinking their plans.

A number of businesses have cancelled their parties altogether, but other managers feel that in light of this very difficult year for many people, a company Christmas party might be just what employees need to lift their spirits for a while.

On the other hand, with the Centers for Disease Control even recommending that people not get together for family celebrations like Thanksgiving and Christmas, an office party would completely go against those recommendations.

Also, you could face liability and potential legal action if you do hold an in-person party and members of your staff come down with COVID-19.

Instead of in-person events, many companies are planning Zoom teleconference “parties” and they are asking their workers to join in by getting dressed up and bringing their favorite beverages and snacks to the online do.

According to Challenger, Gray & Christmas, Inc., 55% of human resources professionals surveyed said their company is not having a holiday celebration this year, which is the highest number since the consulting firm started surveying employers about their holiday plans.

Here’s what the survey found:

  • 45% of HR professionals said their company had cancelled holiday party plans due to the pandemic.
  • 5.3% said cost-cutting was the reason for cancelling their party.
  • 4% said they never host holiday parties.
  • 23% said they were unsure of holiday plans and were awaiting state and local guidance before deciding.

“It is no surprise that many companies are forgoing the holiday party this year,” said Andrew Challenger, senior vice president of Challenger, Gray & Christmas. “It’s difficult to celebrate and implement all the precautions needed to keep everyone safe. The last thing any employer wants is an outbreak due to their year-end party.”

Additionally, the survey found that 55% of respondents continue keeping most of their staff working from home and another 5.5% have all of their employees telecommuting.

When asked when employers plan to bring all workers back to the office, 44% were unsure or did not answer. Another 21% planned to bring all workers back in early 2021, and 8% will wait for a vaccine.

Precautions for an in-person event

The companies that said they would be holding in-person holiday events plan to take steps to reduce the chances of COVID-19 spreading among their workers by taking the following precautions:

  • Requiring social distancing while at the party.
  • Requiring all attendees to wear masks.
  • Providing hand sanitizers, alcohol wipes and face masks.
  • Taking temperatures of all workers when they arrive.
  • Limiting the number of employees at the party.
  • Holding the event in a large area where employees can socially distance from one another (venues should be well-ventilated with several doors and windows).
  • Keeping hand sanitizer in various locations around the office.
  • Hosting outdoor events.
  • Regularly checking the CDC’s website to be up to date on precautions and advice.
  • Keeping up on state and local guidelines to get more accurate information on current case levels in their area.

Other options

Some companies that plan to skip festivities this year have come up with other ways to celebrate and reward their employees during the holidays, including:

  • Organizing virtual gift exchanges or virtual Secret Santa exchanges.
  • Giving away cooking classes or gifts like Apple Airpods or other small electronics (the cost per person will often be less than if you held an actual party and paid for the facility, catering, decorations, entertainment and drinks).
  • Assembling care packages with baked goods or gift certificates and delivering them to employees’ doorsteps.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages.  We help contractors set up proper risk transfer.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening, ways to lower your insurance costs.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;   9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2020 – BGES Group

Documenting Small Safety Incidents Key to Preventing Major Ones

What Is a Workers Compensation Rating and Why Does It Matter?

Most business owners and executives understand the value of workers compensation insurance not just to protect the worker, but to protect the company as well. Fewer, however, are aware of the mechanics of how premiums are arrived at, and how their own company’s safety track record figures into their rating.  Understanding the process, however, may well enable you to qualify for lower premiums down the road, saving your business money and making you more competitive.

Industry underwriters set workers compensation premiums using a process similar to how most companies price group health insurance: They look at the actual claims experience for similar workers in your area, and if there is a history of claims, at your company specifically. Where there is insufficient local claims experience to look at, underwriters turn to the National Council on Compensation Insurance, a clearing house of workers injury and compensation data.

Generally, underwriters will take your payroll and multiply it by an average claim factor for that type of worker. This produces a baseline average of the total number of expected claims, which they subdivide as claims per $100,000 of payroll, claims per year, or claims per time unit. The frequency of claims is considered to be a close proxy for the safety culture of the individual business. They then account for the average severity of claims for that type of worker in your industry and combine the two to arrive at a baseline prediction for expected losses.

Underwriters must then try to assess your business and answer the following question: Given the policies and procedures in place at your business and your claims history, is your company likely to produce losses that are higher than the industry baseline or lower?

Over time, underwriters have discovered that the most likely future claims predictor is a past history of claims at your company. Therefore, to save money on workers compensation premiums, it behooves the company to invest aggressively in preserving the safety of the work environment, both in terms of resources and management focus.

Your workers compensation agent and underwriting team will assign your company an insurance rating, with 1 deemed equal to the average claims experience in your industry for the area.

Any rating higher than 1 indicates a worse-than-average risk for workers compensation claims. If your rating comes out higher than 1, you may be able to qualify for lower rates in future years by reviewing your safety program and the types of losses your company has incurred. Identify any patterns and refcurring themes. You may benefit from bringing in a risk management consultant for an outside set of eyeballs. Some investment in equipment or improved training may be needed, or you may need to be more vigilant for workers compensation fraud in a few cases.

Best Practices

In the long run, your safety record is a reflection of your overall safety culture. That’s not something limited to the rank and file worker and shop foremen, though. The most important link in the safety culture chain is at the top.

  • Invest in training your workers in all aspects of safety relevant for their jobs.
  • Appoint a senior manager with clout to monitor your safety and OSHA compliance, and empower him or her to enforce it throughout the company.
  • Empower any worker to halt work activities if he or she becomes aware of an unsafe work condition, until that condition can be corrected.

Everyone is part of your workplace safety culture – but senior management is the most important link in the chain, because management sets the tone throughout the organization.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages.  We help contractors set up proper risk transfer.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening, ways to lower your insurance costs.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;   9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2020 – BGES Group

Reviews

Pandemic Telecommuting and the Wage and Hour Dilemma

With the coronavirus pandemic forcing so many of our employees to work remotely, and with mobile technology allowing them to work from anywhere, your employees may be working when they are off the clock.

They may feel pressured to do so or maybe they just want to get their work done, but if they are working past normal working hours, it could spell trouble for your organization.

The proliferation of smartphones had already led to a rising number of lawsuits by employees claiming they were required to work uncompensated on evenings and weekends when not on the clock. Now, labor lawyers are expecting a second surge in these lawsuits as more people work from home during the pandemic.

The class action danger

Often it may just be as simple as an employee receiving a text message from the boss asking for something, they take a few minutes and send them what they need.

The problem for employers is that when one employee complains to the Labor Department that they are not being compensated for time working when away from work, the agency’s investigators won’t stop with the complaining employee. They also look at how many others are “similarly situated.”

A single employee’s complaint can turn in to a class action when all the other similarly situated employees are included.

Just a few minutes a day over months or years can add up if employees regularly use their phones for uncompensated work.

In the last several years, the courts have seen a flood of lawsuits in which groups of employees claim the time they spend reading and responding to e-mail should be considered work time, and therefore paid.

The danger is that when a boss sends a worker a message off-hours and asks them to read something or send an e-mail, the employee will usually feel compelled to do as they’re told, even if they don’t want to.

When employees sue claiming they should be compensated for after-hours remote work, the employer typically uses the de minimis defense, but that’s a dead end. Here’s why:

De minimis means very little, perhaps just a minute or two. The employer maintains that the time spent is de minimis, but it isn’t. Just five minutes a day adds up to almost a half hour a week. There are precedent-setting court decisions that have said that even 30 minutes extra a week is not de minimis.

Also, besides federal law, you have state laws to contend with.

Additionally, you may not even know that some employees are checking work e-mail at home whether they’re told to or not.

Just because the employer doesn’t require employees to stay tied to their phones, doesn’t eliminate legal risk. The law defines work time as the time an employee is “suffered or permitted” to work.

So, an employer doesn’t have to require employees to answer e-mail and perform other tasks off the clock to run into trouble. Merely permitting that work without counting it as compensable time, puts the employer at risk.

What should you do?

The extension of work time made possible by technology and the pandemic’s push towards more telecommuting, poses a new danger for employers.

To ensure you don’t find yourself the target of a wage and hour lawsuit, you need to put in place a solid policy about non-exempt employees working from home.

You should put the policy in place, communicate it to your staff in a tele-conference, as well as include the policy in your employee handbook.

Once the policy has been communicated, you have to monitor and survey staff to make sure they are not breaching the rules.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;   9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages.  We help contractors set up proper risk transfer mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2020 – BGES Group

Injury and Illness Prevention Plans Save You Money, Period!

Contractor Insurance – The 10 Questions You Should Ask

  If you’re a contractor who is unhappy with   general & umbrella liability insurance rates or coverage we want you to know there is a way to get HELP!

Questions:

  1. Is your liability insurance with a “Main Street” or “Surplus Lines” company?   Preferably you want to be with a “Main Street” company but the majority of New York insurance brokers don’t represent all the right ones.  We DO.                                                                                                                                                                                                                                  —
  2. If your liability insurance is with a “Surplus Lines” company, is YOUR insurance broker a “Construction Insurance Specialist” or “Generalist?”  They can be the nicest people in the world, friendly, issue certificates timely but if they do not understand (95% DO NOT) policy contract wording they are hazardous to your financial well being!                                                                                                                                                                                                                                                         —
  3. It’s hard to comprehend, actually mind boggling but contractor liability rates are expected to increase 10%+ in 2021.  Is your insurance broker shopping your insurance for this year’s renewals?                                                                                                                                                          —
  4. “Surplus Line” companies have more exclusions and restrictions than ever.  Examples: “Labor Law”  “Height”  “Subcontractor Hammer Clause.”  The list goes on.  Most insurance brokers are “Order Takers.”  They have no real understanding of policy contract wording.  You can no longer risk being with a “Generalist Broker.”  “Surplus Line” policies are tailored designed for “What You Tell Them You Do.”  Take a job that goes outside your scope of work and you’re exposed to an “Uncovered Claim.”                                                                                                                                                                                                                                —
  5. When it comes to “Client Insurance Requirements” do you really understand what you are signing?  When clients request coverage for 5, 10, 15 “Additional Insured’s”, think they’re ALL covered?  Maybe, maybe not.  That’s why it’s so important to work with a “Construction Insurance Specialist.”                                                                                              —                                                                                                                                      
  6. Use subcontractors?   Screen their insurance?  Make them sign “Subcontractor Insurance Agreements?”  Obtain “Certificates of Insurance with all the right coverages?  Know which insurance companies are acceptable and which aren’t?  Get copies of your subs policies?  Does your broker review them with you?  Due to cost, many subcontractors have lousy insurance.  A claim caused by their negligence can trigger YOUR insurance company to deny coverage or make you liable for tens of thousands of dollars.  BECAUSE WE ARE “CONSTRUCTION INSURANCE SPECIALISTS” WE HAVE A DEPARTMENT SET UP TO SCREEN CLIENT’S SUBCONTRACTOR INSURANCE.                                                                                                                 —                                                                                                                                   
  7. Does your broker help with client contract reviews?  Do they have a risk analysis department that can assist with contract wording?  Proper “Risk Transfer strategies?”  It’s much better to understand what you’re signing before you sign then learn the hard way after a claim.  Do you really want to be faced with a multi million dollar lawsuit your insurance carrier denies coverage for?  That’s why it’s so important to deal with a “Construction Insurance Expert!”                                                                                                                                                                                       —
  8. Let’s take a break from discussing liability insurance.  Let’s talk about Workers’ Compensation.  Have employees who work out of state weeks at a time?  Are you insured through a state plan?  If so, there’s a good chance you WILL NOT have proper coverage for a claim occurring out of state that is filed in that state.

Example: You are a contractor who takes a job in New Jersey. Job lasts 5 weeks.  You have coverage through your state’s plan.      Employee sustains a back injury.  He hires an attorney and files claim under New Jersey workers compensation laws.  Most likely your plan will deny claim or only pay according to your states benefit laws.  Can you afford $50,000, $100,000 out of pocket?  Do you want to deal with his attorney for years and the financial drain it will cause?

Note: many contractors who work out of state are faced with this problem and do not even realize it.  We have a VERY GOOD solution.                                         —

9.  Bonding – Is your insurance broker a “Bonding Expert?”  Have their own “Bonding” Department?  Do they represent the TOP bonding carriers?  Do they have relationships with bonding carriers dating back 50+ years?  If you need higher limits, better rates, less hassle, better service, it’s important you deal with OUR bonding department.                                                                            —

10.  Unhappy with your Business Auto insurance rates?  Looking for ways to lower them?  We represent all the TOP carriers for construction auto insurance needs.

About Our Agency:

  • We are construction insurance specialists.
  • Been insuring contractors since 1981.
  • Do $200 million in business.
  • We have “Main Street” programs for New York City contractors (we cover NY, NJ, CT) that just a handful of agencies have.
  • We have purchasing leverage and can get you excellent rates.
  • On any given day we have a great pulse on the market place.  If there is a new program out there that you can benefit from we will find it.
  • We have a program to screen all your subcontractor’s insurance policies so you don’t have to do it.
  • We offer Property, General Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Workers’ Compensation, N.Y.S. Disability, Group Health and Personal Lines (Homeowners, Personal Auto, Personal Umbrella, Boat, Jewelry, Fine Arts) insurance policies. 

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages.  We help contractors set up proper risk transfer.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening, ways to lower your insurance costs.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;   9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2020 – BGES Group

Commercial Insurance Rates Continue Climbing

Commercial Insurance Rates Continue Climbing

Despite the ongoing COVID-19 pandemic, commercial insurance rates are continuing to move higher, pretty much across the board with the exception of workers’ compensation.

A new report by online insurance exchange MarketScout found that in the third quarter of the year the highest rate increases were in liability lines, but hefty rises in property insurance were also noteworthy. Most of these rate hikes were occurring before the COVID-19 pandemic, but their magnitude increased recently.

“The composite rate is up 6.25% for the third quarter of 2020, as compared to up 4.8 percent in the second quarter. Rates began adjusting upward at a quicker pace in September,” said Richard Kerr, CEO of MarketScout. “We expect the fourth quarter 2020 will reflect continued aggressive rate increases in property, D&O and umbrella/excess liability coverages.”

Here’s what MarkeScout found:

  • D&O rates increased 11.5%.
  • Umbrella and excess liability rates climbed 8.5%.
  • Commercial auto rates jumped 8%.
  • Professional liability rates increased 7.5%,
  • Commercial property rates rose 7%, and
  • Workers’ compensation rates inched up 0.5%.

Arthur J. Gallagher, in its own report, attributed commercial rate increases to:

  • A spike in large weather-related loss events and catastrophes,
  • Historically low interest rates,
  • Industry-wide rapid increases in liability losses, and
  • The global pandemic and resulting economic uncertainty.

Below we’ll look at what’s driving rate increases in individual lines of insurance.

Directors & officers liability

One of the most stressed lines is D&O insurance, rates for which have been on a steady rise for a few years. In fact, increased litigation and hefty court judgments against the top brass at businesses around the country have resulted in substantial payouts by insurers.

Gallagher noted in its report that all of its clients are seeing increases in their D&O coverage, although publicly traded companies are witnessing far higher increases than privately held firms. But insurers are also pulling back and writing fewer policies, which in turn feeds into higher rates as the supply diminishes. Some insurers have stopped taking on any new D&O accounts.

General liability and umbrella

Rates for these coverages continue climbing due to a number of factors, including large judgments, the cost of litigation and a rising tide of lawsuits against businesses. Gallagher noted that the median verdict for the top 50 cases has doubled in the past four years.

Another factor that could affect future rates is the liability effects of the COVID-19 pandemic and if businesses will see a new groundswell of lawsuits for failing to adequately follow and communicate public health guidelines. As a result, some insurers have started including communicable disease exclusions in their liability policies.

In addition, insurance companies have scaled back on policy limits, according to Gallagher.

“Carriers are also restricting the amount of limit they are willing to put forth, or

repositioning their capacity at a higher level. For example, carriers that have

historically offered $25 million lead umbrella policies are now limiting their lead

positions to $10 million or less, in most cases,” the company wrote.

Commercial auto

Rates continue rising in commercial auto, despite a drop in claims due to the pandemic. The increases in commercial auto premiums over the past few years have been down to an increase in distracted-driving accidents and deaths, escalating medical costs and climbing repair costs.

 

Property

Property insurance rate inflation is largely due to the increasing number of natural catastrophes occurring throughout the country. Hurricane activity and intensity continue to grow, as does the frequency and destruction of wildfires, tornados and flooding.

In response, commercial property insurers have been making changes to coverage terms and conditions, increasing deductibles and shrinking policy limits. These moves have been especially pronounced in areas with higher exposure to natural catastrophes.

The takeaway

With markets hardening, now is a good time to double down on your risk management efforts to reduce your exposure however you can. Depending on the insurance those efforts will take different forms, such as better protecting your properties against catastrophes or training your driving employees regularly in road safety.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;   9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages.  We help contractors set up proper risk transfer mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

Need More Work, Customers, a Plan B To Generate Massive Cash Flow To Cover Business and Personal Expenses?  Click here to learn more.                        

 

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2020 – BGES Group

Legal Traps to Avoid When Dealing with FMLA Requests

Legal Traps to Avoid When Dealing with FMLA Requests

If you are confused about navigating the federal Family and Medical Leave Act, here’s a handy list of mistakes to avoid.

Firing – It would be a bad idea to fire an employee if they’re unable to return to work following the end of FMLA leave that is due to their serious health condition. Better to find out if the employee is entitled to any additional time off under employment laws or through company policies.

The Americans with Disabilities Act (ADA) may consider granting of additional leave “reasonable accommodation,” in legal terms.

That definition comes from determining whether the employee’s condition is a disability. Under the ADA, most serious health conditions as defined by the FMLA are considered disabilities. If you’re in doubt, ask your legal counsel for advice.

Then you have to figure out whether the requested time off is legally considered “reasonable.” Under the ADA, you as an employer don’t have to grant leave as an accommodation if it poses “hardship” or “undue hardship.”

Miscalculation – You are able to calculate FMLA leave by either calendar year, any fixed 12-month period, or the 12 months measured forward from when an employee’s FMLA leave begins. It can also be calculated backward from a 12-month period from the date an employee uses the leave.

Deadlines – Meeting FMLA deadlines for processing requests for leave under its guidelines is critical. Within five business days of learning an employee needs FMLA leave, you must provide them with the “Notice of Eligibility Rights and Responsibilities Form,” or something similar that your company has prepared.

Next, if you require the employee to file a certification form, you must allow them 15 calendar days to do so. Then, within five business days of receiving the certification form, you must provide the employee with an FMLA designation form that tells them whether the request has been approved.

But if the certification form is incomplete or insufficient, you then must allow the worker seven calendar days to make necessary corrections in the form. You must give a written notice to employees of all deadlines, and the consequences of failing to meet them.

Bonuses – Some confusion has arisen over how to determine an employee’s bonus eligibility when they haven’t been able to meet bonus objectives due to FMLA leave. You can disqualify an employee for failing to meet bonus objectives even if they are on FMLA, as long as employees on similar leave are treated the same.

So, an employee who used vacation leave during an FMLA leave should be treated the same as one who used vacation while not on FMLA leave, be it paid or unpaid.

Reassignment – If you want to reassign an employee on FMLA leave for better efficiency, you can only do so for employees who need intermittent or reduced schedule leave.

Reassignments can be done for the employee, family or covered service member if such leaves are a planned medical treatment, a period of recovery from a serious health condition, or due to the birth of a child or placement of a child into adoption or foster care. Beyond that, the reassignment is to be only as long as is required by the leave period.

You are also prohibited from transferring employees to a position to discourage them from taking FMLA leave. That means you can’t demote them from accounting to janitor, even if their pay and benefits remain the same at the reassigned position.

You must make sure, however, that benefits and pay stay the same in the reassigned position. Otherwise, you may be seen as interfering with the individual’s FMLA rights.

Meanwhile, you may not require a transfer to another job when the employee’s need for an intermittent or reduced schedule is unforeseeable.

The takeaway

As you can see, the FMLA is a veritable minefield for employers and, if an employee requests leave under the law, you must make sure you don’t do anything to infringe on their rights, lest you open your organization to being sued.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;   9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages.  We help contractors set up proper risk transfer mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

Need More Work, Customers, a Plan B To Generate Massive Cash Flow To Cover Business and Personal Expenses?  Click here to learn more.                        

 

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2020 – BGES Group