It’s Time to Get Serious About Cyber Liability

Data Breach InsuranceHave you been reading #1 New York Times bestselling author Tom Clancy’s newest book Threat Vector like me? If not, without giving too much away President Jack Ryan faces a new international threat. Chinese cyber warfare experts have launched a devastating attack on American infrastructure.

It turns out that the book may not be all fiction. In a recent report on National Public Radio we learned that U.S. industry has faced devastating cyber-attacks over the past several years from a Chinese Military unit based in Shanghai. During that time over 141 corporations across 20 different industries have had their intellectual property and data compromised.

If this is happening to major corporations, just how safe is the data in your firm? According to a recent survey by Zurich Insurance Co. Ltd. Only 19% of businesses have purchased insurance specifically designed to cover cyber risk. The survey conducted by Harvard Business Review Analytic Services found that while 76% of respondents expressed concerned about information security and privacy over the past three years relatively few are taking concrete actions.

When asked to access their own individual risks respondents to the survey responded that malware and viruses were top concerns. Other worries included administrative errors or mistakes by employees and incidents caused by third-party data suppliers.

So let me ask you a question, in the event of an attack are you covered under your standard business liability insurance policy? In most cases the answer is no. Liability loss of customer or employee data is not typically covered under a business insurance policy which generally only covers so-called “tangible assets”.

This is a great time to put in a call to your insurance professional. Talk to them about the options that are available to you. Each insurance carrier’s policy forms will not be the same. There will be significant differences in coverage’s and policy exclusions from carrier to carrier. This is not a homeowner’s policy; this is an advanced business policy that demands discussion.

How To Survive a Commercial Insurance Audit

Man Climbing Stack of PaperworkThe insurance audit is a process common to the insurance industry. Those new to the audit process are often anxious and confused. Just like taxes, insurance audits take some planning in order to make things go as smooth as possible and eliminate additional premium surprises. To eliminate stress and help you survive the audit process let’s take a minute to review some common questions people have.

Who conducts the audit?

An auditor representing your insurance company. The auditor may be an employee of the company or an employee of an independent auditing firm.

Why is an audit necessary?

Premiums for workers’ compensation insurance and for general liability insurance are calculated based on estimates of exposure (payroll, receipts, sales, units, etc.) to be incurred during the policy period. An audit is conducted at the conclusion of the policy period to determine the actual payroll and receipts incurred during the policy term. Adjustments will be made to the premium based on the actual information.

What if my “estimates” are not accurate?

Estimates should be as close as possible to the actual amount of payroll and receipts incurred during the policy period. If the estimate is too low, you’ll receive a bill for the additional premium for the audit period and the current year. If the estimate is too high, you’ll receive a refund, usually a credit to your current policy.

Are there benefits for keeping good records?

Yes, detailed and properly–maintained records permit the auditor to complete the audit accurately and in a minimal amount of time. Organized records afford you the correct classification and rating of your operation, while allowing any adjustments entitled to you.

Why is it important to secure copies of Certificates of Insurance for subcontractors?

Subcontractors who do not have adequate insurance may become the responsibility of the individual who hires them. For subcontractors who do not have proper insurance, there will be an additional charge to your commercial general liability and/or workers’ compensation premiums.

What does my insurance company do upon receipt of audit information?

When your Insurance company receives audit information, it is reviewed and compared with the classification(s) and estimates of exposure on which your policy was originally rated and issued. A determination is made if an adjustment to your classification, rating exposure or premium is necessary. If an adjustment is required, an additional premium or a refund in the form of a credit to your current policy will be processed. Note: When the audit results in additional or returned premium, the current policy’s estimates of payroll and receipts (sales) will be adjusted.

What should I do if I disagree with the audit?

Contact your Agent if you have any questions about the audit or audit procedure.

Social Media Employee Policy

The Problem: Your employees are almost certainly “friends” with employees of your suppliers, customers, etc. When your employees say something on a social media website like Facebook or a blog this information is seen by all of their “friends”.

Whether the social media comments are gripes, complements, confidential information, etc., it is basically publicly known once it gets posted.

Best Current Solution: The General Counsel of the National Labor Relations Board has published a safe harbor policy. You will find a copy of it attached. You can find the full release at the below web address. http://mynlrb.nlrb.gov/link/document.aspx/09031d4580a375cd (The safe harbor policy is the last 3 pages of the full release.) I encourage you to consider putting this in your employee handbook.

Things to watch out for: Most employers want to control employee social media activity in some way. However, court ruling and NLRB rulings have been all over the board. Some specific things to NOT DO:

  1. Do not ask for your employees user names and passwords for their social media account
  2. Managers should not become online “friends” with employees
  3. NLRB has stated that employees have the protected right to engage in a “protected concerted activity” on line. Including:
    • Improving the work environment
    • Forming a union
    • Complaining about a manager or fellow employee who is breaking the law or a company policy.
  4. Do not have a social media “policeman” inside your company

If an employee comes to a member of management with a specific concern or compliant, then you really must investigate it, and take appropriate action.

A sample social media policy can be found here.

Workers Compensation Fraud

Workers Compensation Fraud

According to the Texas Department of Insurance, insurance fraud is the most costly crime in the United States except for tax evasion. If insurance fraud was a legitimate business, it would be one of the top 25 largest companies in America.

The top kinds insurance fraud happens are when employees:

  • Fake or exaggerate injuries
  • Collect benefits for injuries that were not work related
  • Continue to collect benefits after returning to work.

According to the National Insurance Crime Bureau, workers compensation fraud cost $ 7,200,000,000 per year.

Why Should You Care?

Workers compensation claims cost you money!

Workers compensation “insurance” is really just a financing mechanism for on the job injuries. It works nothing like traditional insurance policies. Want to see specifically how this is costing you, drop me a copy of your experience modifier and current workers compensation premium for a very EYE OPENING bit of information.  Gary.Saunders@CoVerica.com

What Should You Do?

Watch for the following “Fraud Indicators”

  1. A trip form a credible source, such as an employee from your company
  2. An injury to a new or disgruntled workers
  3. There is no witness to an alleged injury
  4. Inconsistent or illogical descriptions of how an injury occurred
  5. Difficulty in contacting an injured worker
  6. An injured worker who is upset when he or she it contacted
  7. A suspicious injury occurring on Monday or Friday
  8. An injury not reported until a week or more after it allegedly occurred
  9. An injured worker engages in activities that are inconsistent with his/her injuries.

If two or more of the above occur a red flag should go up in your mind.

Certainly fraud is not proved but these are Very strong indicators. Therefore investigate MORE!

What is EPLI Insurance and Why Is It Needed?

The culture and environment of business is constantly growing and evolving with more and more complex distinctions between people. The simple differences between age gaps, race, gender and various other characteristics that distinguish ourselves and your employees. Despite a business striving to do the best in creating a “best environment” for his employees, they will not always be able to control everyone’s behavior. This is why it is essential to have Employment Practices Liability Insurance or EPLI.

EPLI protects employers against claims of discrimination, wrongful termination, sexual harassment, and employment-related issues made by employees to people outside of the company. Many times an employee will file a lawsuit against a company in which the employer is not liable or in the wrong but he still has to incur lawyer fees in order to prove that he was not in the wrong as well as the time spent away from his business. This can get rather costly and that is why you would need EPLI insurance.

Let’s take a look at an example where EPLI would be essential to a business:

1soursemusicsupply.com is one of the fastest growing music companies with 5 store locations along with a large warehouse and call center that serves as their online store that runs around the clock. They employ close to 250 different people that range in age, gender, lifestyle, culture, etc. One employee has a bad habit of telling jokes that some of the employees find degrading and borderline sexual harassment. Despite one warning given to the employee who was making these remarks, a younger employee filed a sexual harassment charge against the employee for a dirty joke that she overheard during a phone conversation. In this case, the EPLI policy responded on behalf of the company through litigation and was able to get the employee to agree to a settlement. In this case, the business did not have to take a large financial hit and the case was settled rather quickly.

How Employers Can Prepare For ObamaCare

With all of the uncertainties related to ObamaCare (The Patient Protection and Affordability Act) many employers are making drastic changes now to weather the storm that is coming in January of 2014. Some employers like AT&T and Caterpiller have made public statements that they will drop coverage entirely and pay the penalty while others are looking for creative strategies to protect their employees from the predicted unaffordable medical premiums.  Insurance carriers have been developing many new products to offset the reduction in benefits and to bridge the gap prior to meeting medical deductible and/or out of pocket maximums. Many insurance agents are creating unique strategies and most tenured agents agree that there is really no way to predict the future of healthcare so the best strategy is to plan for the worst.

One new product that has been gaining much interest this year is the GAP plan. This product can be offered on a voluntary or employer paid basis. The GAP plan reimburses the consumer or employee for out of pocket in and outpatient expenses. They are typically offered as indemnity plans so employees do not have to stay within a defined network of physicians or hospitals.  Most GAP plans reimburse the insured for first dollar out of pocket medical expenses and do not have to coordinate with medical insurance. This is one way to bridge the bridge the “GAP” in coverage associated with high deductible medical plans.

Another popular program to reduce out of pocket cost and time spent waiting in the doctors office is the telephonic physician programs. This program gives the consumer a direct phone number to call a licensed physician for basic consultation and to refill basic prescriptions without having to visit the physician’s office. This program typically includes a prescription discount program to reduce the retail cost of many popular brand name medications. Again the goal is to provide the consumer or employee with a cost effective alternative to the tradition first dollar medical insurance plans that are becoming unaffordable for employer, employee and the individual consumer.

While many of us hope that Healthcare Reform will simply be repealed I recommend that employers plan for the worst and hope for the best.

How The Government Makes Money On Your I-9′s

A Source for Government Revenue, The I-9

Would it surprise you to know that the US Government is looking for revenue these days. One source of revenue is civil fines from failure to properly complete the I-9 form. Yes I am talking about that simple 1 page form which you get every new employee to fill out and sign.

Questions to consider about this form:

  • Why does a one page form have a 69 page long manual on how to fill it out? (I-9 Completion Guide for fun reading)
  • Why have US Government audits of this form gone up: 2007 to 2008: up 67%; 2008 to 2009: up 180%; 2009 to 2010: up 57%; 2010 to 2011-up 118% (assumes the number of audits done is the first 6 months of the year doubles for the entire year). Cumulative total increase from 2007 to 2011 is 1500%!!!!!

Why? Would the answer “MONEY” shock you?

Civil fines for improper I-9’s start at $275 for each form and go up to as high as $ 2,200. Guess who gets to decide how much the actual  fine is for each form?

Audits done by a number of independent audit firms (most of these are law firms) show that about 85% of all I-9’s are incorrect. I have done a few audits for employers myself and never found anyone who was as good as the above 85% number.

Let’s do some sample math to calculate your I-9 fine potential:

You have 10 employees with annual turnover of 10%. Therefore you should have a minimum of 12 I-9 forms on file. 85% of them are wrong, assuming you are average.

Minimum fine=12 I-9’s X .85 = 10 X minimum fine = $ 2,750
Maximum fine= 12 I-9’s X .85 = 10 X maximum fine = $ 22,000

Per the department of Labor averages, fines per audited employer are $ 35,000 to $ 100,000. These fines are before we get to those handed out for “documentation abuse!” Oh yes, it does get more interesting.

SOLUTION: Get your I-9’s audited by an outside firm who knows what they are doing to avoid civil penality.

Contact Gary Saunders at CoVerica to find out if your I-9′s are in compliance for your business! Contact him directly at (972)490-2231 or toll-free at (800)490-8850.

The Sub-Contractor Issue – Worker’s Comp Concerns

In construction work it is a common practice for a subcontractor to have to hold harmless a general contractor, project owner, etc.  Generally the contract which requires this also requires that the subcontractor name the general contractor as an additional insured on the subcontractor’s insurance. The basic idea is for the subcontractor’s insurance policy to be a funding vehicle for the liability being transferred by the contract from the general contractor, etc. to the subcontractor.

Most insurance contracts written today require that the named insured be liable is some way in order for the policy to respond and pay. The subcontractor would be the ONLY named insured on it policies.

In the situation where the subcontractor’s employee gets hurt on the job, and sues the general contractor, project owner, etc. a major problem comes up. The contract requires the subcontractor to take care of the law suit due to the hold harmless provision. However, where the subcontractor has workers compensation insurance, the subcontractor cannot, by law, be held liable for an injury to its employee. Therefore the subcontractor’s insurance policy will not respond to the lawsuit because the subcontractor is not liable in any degree.

Solution: Start dealing with a true risk manager who can help you not be victimized by this and many other situations which the law itself creates.

Health Insurance – 3 Tips to Save BIG Money

Increasingly due to the high costs of health insurance individuals are purchasing policies which only cover catastrophic health situations. The basic idea is for the individual to just pay out of pocket unless an injury or illness is so expensive that the cost of health care would financially destroy them. In this type of policy be sure to pay attention to the coverage for outpatient situations. Most of these catastrophic policies pay little to nothing for doctor visits and/or outpatient treatment. The definition of outpatient has changed over the past few years. Many people do not see how much this can affect them until it is too late.

A Real Example: Jill stepped off of the curb and broke her ankle. She went in for corrective surgery which she knew would be outpatient. She was held overnight in the hospital. After her surgeon came by to check on her the following morning, she was sent home. Total bill was just under $ 36,000. ALL OF IT WAS OUTPATIENT. Her catastrophic health insurance policy paid just over $ 1,500.  

What you need to learn from this:1. You can spend the night in the hospital and NEVER BE AN INPATIENT.  In fact, most hospitals do not consider you an inpatient unless you are going to be in their bed for at least 23 hours. (This standard was set by Medicare years ago and most hospitals use it for all stays to be consistent.)

2. Talk to your surgeon. When she/he bills the cost of the surgery have him/her include the total cost of all expected standard follow-up visits to his office.

3. READ YOUR POLICY.

In our above example, if Jill had just known 1 and 2 above she would have saved over $11,000.

How to Interview an Insurance Agent – Choosing the Right Agent for Your Business

We are all barraged in business with individuals wanting our time and business.  Honestly, often I tell whoever is calling that I either don’t have time or a need for what they want to sell.  Is this the best course of action?  Well it has proven to have been the wrong choice on several occasions.  I have changed my stance and started to interview these callers to really understand their product or service to see if it can benefit my business.  I no longer just say “no” to a meeting, no longer shop with price as the determining factor.  Getting burned has caused me to change tactics.

Now I interview those individuals and companies who want to do business with my company.  I decided to treat sales people as if they are applying for a job with our organization because in effect that is exactly what they are doing.  As a growing company we seldom if ever hire the “cheapest” individual applying for a job.  We always hire the one with the best background and talent to help our business to continue to grow.  This is what I now look for in our “business partners” their ability to help us grow.

If you are looking for your business partners to help you grow you may want to ask the following questions to ferret out those that are armatures and those that are real pros:

  1. Who do you think our competitors are?
  2. How would your product/service help us to better compete for more market share against these competitors?
  3. What is your understanding of my industry and how this economy has impacted it?
  4. How many of my competitors are you currently working with?
  5. What is the most creative way your product/service could help my company grow?
  6. Who is your most fierce competitor?
  7. Why should I do business with you rather than them?
  8. What sort of team do you have behind you to insure delivery of your product/service if I were to “hire” you?
  9. What sort of turnover does your company experience?
  10. How long have you been with your company?  How long have you been in the industry?
  11. At what rate is your company growing?
  12. What sort of goals would you want to set with me to insure we would have a successful business partnership?

These questions will give you many ideas for your own interview with the next insurance broker, banker, CPA firm, etc. that wants your business and tries to earn it with the “lowest price” or “best deal”.  Take time to really interview these individuals rather just allowing them to “pitch” you.  I think you will find, just like interviewing potential new employees, that the real value is much deeper below the surface that just the cost of their product/service.

What is Commercial Property Replacement Cost?

When is replacement cost not what it says? It is very common today for commercial property to be insured on what is called a “replacement cost” basis. What this means exactly can be a cause for great concern.  A relatively standard insurance definition is, “the cost to replace, on the same premises, the lost or damaged property with other property of comparable material and quality and used for the same purpose without deduction for depreciation.”

Most of the time there is no problem with this language. However, if you own an older building which is grandfathered from current building code requirements, WATCH OUT. In the event of a major property claim, such as roof replacement caused by hail or storm damage, you will probably be in for a very ugly surprise.  Upgrading the roof to meet current code is not covered by standard replacement cost language.  On one recent claim the old roof replacement cost was $ 106,000. Replacing the same roof while meeting current city code cost $ 216,000.

What should you do? (Besides dealing with an agent who is very knowledgeable in this area)

1. Check to see what coverage your current policy provides for “increased cost of construction due to ordinance/law” (insurance language for the above problem)

2. Check your local ordinance situation to determine how severe the problem will be for your when the claim happens.

7 Things You Need to Know About Your PEO

  1. PEO-Employer Taxes-(FICA, FUTA, SUTA) – Most PEO’s take the FICA tax credit as the employer of record to discount their employer taxes and for a mid-sized company this could be thousands of dollars in tax credit that you lose annually. Any employee pre-taxed deduction taken through a Section 125 that qualifies gives the employer of record a tax free deduction at 7.65%-FICA per dollar deducted. Also if the PEO pays under their State Unemployment ID at a higher rate then your company could be paying taxes at a higher unemployment rate than your own.
  2. Pooled Groups – Pooled groups are managed by insurance underwriters as a whole and it is up to the PEO to manage the insurance risk and keep the pool clean, ha ha! If the PEO is unable to attract low risk groups or manage the insurance risk of their multi-employer group the rates can dramatically increase above the trend in the open market.
  3. What happens when I move to or from a PEO mid-year? The biggest downside of a mid-year conversion is the risk of double payment of employer taxes. Most states do not credit back to the sole employer the taxes paid to the PEO if the leave mid year and most PEO’s will not issue a check for credit after they leave their PEO. So FICA, FUTA, SUTA taxes clear out and start over mid-year and need to be re-paid until the year clears out in January. In many cases the difference is small enough to warrant conversion but should be uncovered and factored in to the time best for the move.
  4. What happens if my PEO goes out of business? Most of the PEO bankruptcies have been due to termination of workers compensation contracts from the carrier. Once the contract termination is sent the PEO much find a replacement or shut down. Then the issue of who owes becomes the argument. Under a co-employment agreement both employer and PEO are both sharing Federal ID’s and both share risk.
  5. If a POOL becomes high risk does it increase my insurance rate – Yes. The greater the risk the greater the premium to cover that risk.
  6. Do they make me comply with FMLA-FMLA is the biggest concern. If an employer has greater than 50 employees in a 75 mile radius they must comply with FMLA. So technically if the PEO has more greater than 50 employees in a 75 mile radius your will have to comply.
  7. How do I figure out the PEO fees over and above the healthcare costs. Uncovering the bundle can be tough depending on the PEO. To get a true cost of the PEO you must first determine all services and/or insurance premiums that are bundled in their fee per employee/per pay period or per dollar of employee payroll. You will need to understand your employer taxes outside of the PEO which are FICA (Social Security), FUTA (Federal Unemployment) and SUTA State Unemployment then you can work backwards and deduct workers compensation as a sole employer or any insurance premiums that are bundles plus the rate for healthcare outside of the PEO and the FICA tax credits for being sole employer of record.

To find out more or get a quick analysis of your PEO call Matt Williams (972)490-2326 at CoVerica or e-mail matt@CoVerica.com.

Understanding PEO Administrative Fees

The History of Employee Leasing and the evolution or PEO’s

The first employee leasing firm originated in the 1940’s. In the 1970’s the concept gained popularity when a consultant, Martin Selter leased the employees of a doctors office in California. The concept is now being delivered by a new type of organization called a professional employment organization or PEO.

The PEO Concept

The PEO concept is very similar to that of a temporary staffing company. In the way both offer services such as; employee data management, payroll check processing, payroll deposits and cover various insurance liabilities on behalf of their contracted employers and employees. Like the temporary staffing model the PEO charges a fee for services offered to multiple employer groups.

The POOL

Most PEO’s contract with employers in various industries to form a group or “pool” of employees. The PEO relationships or service contracts commonly known in the industry as co-employment contracts facilitate a way for the PEO and the employer clients to share liabilities with other employers. Once the employer agrees to enter the PEO’s pool the PEO and the employer enter into a co-employment relationship and share the liabilities and risks with other employee­s of the employers. One big disadvantage to a small employer with less than 100 employees is that if the when they joing a large pool the must comply with that of a Federal Laws that apply to the number of employees in the pool. Most PEO pools are made up of small to mid-sized employers under common federal and state tax ID(s).  The pool forms a buying group for the purpose of buying insurance, payroll administration and various outsourced HR services.

How do PEO’s charge?

There are many PEO’s throughout the U.S. now an many have very different ways of charging and bundling their administrative fees with other insurance premiums and payroll taxes. The most common PEO fee structure is based on a percentage of gross payroll per employee workers compensation classification code and is bundled with workers compensation insurance, employer payroll taxes, and the employer contribution towards employee benefit premiums. Other PEO’s may include workers compensation, employer payroll taxes, and administrative fees and have separate invoicing for all employee benefits.

Is the PEO right for me?

In order to determine if the PEO concept is a good deal when compared to that of a Sole Employer relationship I suggest having an insurance consultant and CPA compare the PEO fees and services to that of a sole employer.  The analysis should include a side by side comparison of employer payroll tax liabilities including FICA credits, the total employee benefits and workers compensation and payroll administration fees versus the administrative fees of the PEO. Lastly the value of any additional services offered by the PEO must be compared to the cost to outsource.

How to compare the PEO to that of a Sole Employer

The true cost analysis should be formulated by a licensed insurance with experience dealing with PEO’s and a clear understanding of current employer tax liabilities, insurance, group retirement planning, and administrative outsourcing.

To find out more or get a quick analysis of your PEO call Matt Williams (972)490-2326 at CoVerica or e-mail matt@CoVerica.com.

Cyber Liability Insurance Coverage For Your Business

Who Needs Cyber Liability Insurance Coverage?

Cyber Liability insurance coverage is an important type of insurance coverage needed by any business with a website. Cyber liability is most needed by Technology, Financial Services, Healthcare and Professional Service industries but could be a valuable addition to any business engaging in internet commerce or storing sensitive information on their public or private network.

A traditional General Liability policy does not address Internet exposures or some technology threats. The risk involved in Internet business have grown exponentially as more companies are developing websites for their businesses. Your website tells your potential clients who you are, what you do, what products and services you provide, and sometimes, your e-commerce system.

Why You Need Cyber Liability insurance coverage

Data security breach is the number one threat facing businesses today who are engaged in e-commerce. Just recently monoprice.com (a vendor we shop with) was hacked and their client database was compromised, including such valuable information such as names, physical addresses, email addresses, credit card numbers and expiration dates.

Their site, which accounts for most of their volume, was down for weeks and customers started reporting fraudulent charges almost immediately. With one attack we have loss of business use, loss of income, loss of reputation, and physical loss to our customers.

Other breaches include defamation and invasion of privacy, copyright infringement, business interruptions as a result of a cyber attack, notifications after a cyber attack, and transmission of an internet virus to just name a few.

Companies with Internet exposures should have procedures in place to safeguard or minimize cyber losses. Having a good proactive strategy to battle technology exposures should be part of any business’s arsenal and now there are insurance products available to help you in your fight.

CoVerica Encourages All Businesses to Participate in Red Cross Ready Rating Program

CoVerica has been fortunate enough as a company not to have to endure any major disasters such as fire, flood, or tornado, but there is no better time than now to prepare your business and your staff; or, as the Red Cross calls it: Ready Rated.

We recently attended a local chapter meeting put on by the Red Cross and found out that the only organizations participating in the program in Dallas were schools, universities, and hospitals. However, as an insurance brokerage, we see first hand that diaster strikes at will to any and all types of organizations.

CoVerica is currently the only private business in the Dallas Metroplex involved in the Red Cross’s Ready Rating Program and we encourage ALL businesses of ALL sizes to enroll in the program to be better prepared for a disaster.

Would your staff be prepared for:

  • A medical emergency such as a heart attack, stroke, or a diabetic emergency with another staff member or someone visiting your business?
  • An evacuation for a fire, tornado, or chemical/pollutant?
  • A procedure for an Unauthorized Individual in the building?
  • Locating a known list of employees that can be easily identified with medical training such as CPR and First Aid?
  • Knowing the procedure for reporting an emergency to 911 and to management?
  • Be able to locate a list of “emergency contacts” for an employee who has become ill or hospitalized?

Over the next few weeks we’re going to update our blog with the results our own findings and what we’re doing to be more prepared.

You can find out more about the Red Cross Ready Rating Program here.

Independent Contractors versus Employee Relationship

How do you know if your relationship with your workforce is that of an employee or independent relationship? Following are a few sample questions that the IRS considers for your relationship.

If you answer yes to any of these following you might have an employee versus independent relationship:

  • Do you exercise control of every aspect of their work?
  • Do you have authority to tell them where and when to work
    specifying location and hours of work?
  • Do you instruct then where to purchase materials for the job?
  • Do you provide extensive training for the job?
  • Do they work exclusively for you?
  • Do you imply that employment would continue indefinitely beyond a
    specific project or time?

If you answered yes to any of the above, you may have an employee relationship and be held liable for Federal and State Unemployment taxes, employee injuries and the administration of any employee benefit plans you might provide.

The IRS can provide you with Form SS-8 questionnaire to help further determine your relationship.

CoVerica can provide you solutions and protection for both your employee injuries and any benefit plans you might provide if you determine you have an employee relationship.

Social Media Policy – Why Your Business Should Have One & An Example Policy

The Internet is a pretty wild place. Six years ago we were casually browsing the internet as a “reader” and now almost all of us are “contributors” whether we know it or not.

We’re engaging with friends, family, celebrities, and businesses across web 2.0 platforms such as Facebook, Twitter, and LinkedIn. We’re reading and writing blogs (like this one) to reach an extended audience that we may never have come to find before (thanks Google!).

But more importantly, your employees are probably already engaging with your customers, clients, and contacts without your knowledge – the question is: have they been told they couldn’t?

This is where a quick and easy Social Media Policy might help your organization. It should outline your company’s views on social media and how or if your respective employees, vendors, or anyone else you designate should engage clients or prospects across social networks, blogs, or outside of your office, either in the virtual world.

Something said late Friday night via twitter may impact your revenue on Monday morning!

At CoVerica, we have a pretty relaxed atmosphere and actually encourage all of our employees to engage in social networking (such as LinkedIn). We also ask that employees blog at this site as it gives them both a creative outlet and a voice to relay their extensive knowledge of a topic.

My biggest concern, as the Director of IT, is that any interaction with our clients happen in a public domain so that it’s discoverable. This is not to say that this stance is the best option for your company or organization as it really is a comfort-level decision for your owner(s) and management staff.

I personally have met several business leaders and managers that prefer that no one in their organization contact clients outside the confines of the office. That’s not a bad policy to have, and might be required for some industries, but more and more businesses are leveraging these new forms of networking for additional revenue and retention models.

Attached below is a sample Social Media Policy (loosely based on IBM’s excellent policy) policy to help get you started on your own.

Remember that a social media policy should be a living document to change with advancing technologies. The policy should also be vague enough as to not require you to list every social networking site, new or old, nor should it have too many gray areas for interpretation. A great tip that I heard from another company is that they require all company policies to be signed upon hire, as well as, once a year to incorporate any changes.

Without further ado:

Social Media Policy

While >insert company name< (and all other owned companies hereby referred to as “company”) believe that social media can and should be used as a business tool for networking, sales, and general exposure to the public, friends, and family the company also believes that each member of the company recognizes and exhibits professional responsibility for their actions while using social media. (hereby referred to as “online” meaning but not limited to social networking, blogs, virtual worlds, wikis, review sites, online forums, etc) Since both business and non-business messages, comments, photos and other actions can represent the company, whether intended or not, the company requires that you use common sense and professional judgment when engaging in these activities.

The following is the company’s social media and social networking policy. The absence of, or lack of explicit reference to a specific site does not limit the extent of the application of this policy. Where no policy or guideline exist, employees should use their professional judgment and take the most prudent action possible. Consult with your manager or supervisor if you are uncertain how a possible action may be interpreted.

  1. Personal blogs should have clear disclaimers that the views expressed by the author in the blog is the author’s alone and do not represent the views of the company. Be clear and write in first person. Make your writing clear that you are speaking for yourself and not on behalf of the company. Use “I” and not “we” or “our” when writing if speaking about business related topics unless you have the consent of the company.
  2. Information published online should comply with the company’s Confidentiality, Non-Piracy, and Non-Disclosure of proprietary data information, procedures, and/or trade secrets or methods. This also applies to comments posted on other online sites which you do not own.
  3. Be respectful to the company, other employees, customers, partners, and competitors.
  4. Non-business social media activities should not interfere with work commitments. Refer to the company’s Computer Usage Agreement for more details.
  5. Your online presence reflects the company. Be aware that your actions captured via images, posts, photos or comments can reflect that of the company and can be brought to the attention of management if further action is needed.
  6. Do not reference or cite company clients, partners, vendors or customers without their express consent and the consent of a manager. In all cases, do not publish any information regarding a client during the engagement. All engagement with any of the above listed entities should occur in the “public” space online and not over private message.
  7. Respect copyright laws, and reference or cite sources appropriately. Plagiarism applies online as well for both business and non-business uses online.
  8. Company logos and trademarks may not be used without written consent.
  9. Speak professionally about the company online. If you see a need to vent, please see a manager or someone who can modify the situation.

Employee Name (printed)                  Employee Name (signed)                   (Date)

Manager Name (printed)                    Manager Name (signed)                      (Date)

Hopefully this sample will help you craft and build out your own Social Media Policy applicable to your company or organization. Please note that you should consult an attorney as the above policy may or may not be enforceable in your particular country, state or county.

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Products Liability Insurance – What’s Your Trigger?

Most of us purchase insurance to cover specific things: buildings, cars, etc. We pay a premium and when something happens, we file a claim and expect the insurance company to take care of it. Generally speaking, things run pretty smoothly in this environment.

If you own a business you almost certainly carry a coverage called general liability, which is a very broad form of insurance. One aspect of this type of insurance covers situations where something which you sold or serviced/installed damages someone else’s property or perhaps hurts someone. In the insurance world we call these coverages products liability (a product you had previously sold caused the problem) or completed operations (work you did caused the damage or injury after you had finished with the job).

Note that both products and completed operations coverage are talking about something which was done or sold in the PAST causing a claim NOW. This is a kind of insurance claim where things, all to often, do not run smoothly at all.

For example: I sell an electric motor in 2001. In 2010 someone touches the motor and is electrocuted. From 2001 to 2010 I have had 10 or more different insurance policies providing my general liability insurance. Which one covers the claim? 2001? 2010? Both ’01 and ‘10 plus all of the other policies in between?

As you are probably already guessing, there is no easy straight forward answer here. What causes the coverage on a policy to pay? In the insurance world we call the event which causes the policy to pay a “trigger.” Just like a gun, the insurance policy does not do much at all until its trigger is pulled.

Most court decisions in Texas have used what is called a “manifestation” trigger. Simply put the manifestation trigger says, “Hey insurance company, if your policy was in force on the date of the damage/injury is discoverable or discovered, you are to pay the claim.” So in our above example of the electrical motor, the 2010 policy would pay because that’s when the injury happened.

If only life and insurance were this simple all the time. The Texas Supreme Court has been busy in this area. On August 29, 2008 in Don’s Building Supply, Inc. vs. OneBeacon Insurance the court ruled that an “injury in fact” trigger would become the rule of the state for property damage claims in the products/completed operations environment. Yes the lawyers will LOVE IT!!!