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Scurich Insurance Services has been serving the Monterey Bay Area since 1924. Our mission is to partner with our customers and provide them superior service and value. We are a member of United Valley Insurance Services, Inc., a cluster of over 70 California Independent Insurance agencies, which produced over $530,000,000 of annual premium last year. At Scurich Insurance Services we understand your business and our community. Our customers look to us for comprehensive solutions. We have established relationships with more than 40 of the nation’s leading insurance providers, which allows us to deliver multiple, competitively-priced options and a team of experts to guide you through the process. When you need to file a claim, change a policy or process a certificate you can depend on Scurich Insurance Services to respond quickly to your request. SERVICES In order to provide value added benefits to our customers that go beyond the insurance policy Scurich Insurance Services offers the following additional services: Safety Programs – English and Spanish OSHA Compliance Safety Policies – English and Spanish Online OSHA 300 Log Safety Posters and Payroll Stuffers - English and Spanish Certificates of Insurance – If received before 3:30pm done the same day Risk Management Consulting Brokerage Services Represent most major insurance companies to better market your account. Safety tapes/DVD’s BUSINESS LINES Commercial Commercial Packages Business Auto Workers Compensation Umbrella Bonds Directors & Officers Professional Liability Employment Practices Liability Personal Auto Home Umbrella Recreational Vehicles Boatss Life & Health Individual Medical Individual Life Group Medical Group Benefits

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Posts tagged with employment - employment

Check Out This Social Media Use Checklist

Author TonyScurich , 10/21/2016
  Social media rules! In recent studies, Twitter, Facebook, and Tumblr users sent tens of millions of messages every day– and new players keep entering the marketplace. Although these platforms provide significant benefits for businesses of all sizes, they also pose a variety of risks. Everything from employment, privacy and security, through intellectual property to media-related liability. Chances are your employees are using social media, either at home or work, in ways that could put your business at risk. To limit this exposure, experts recommend creating social media guidelines based on a five-point checklist:
  1. Assess both your company’s general social media activities and individual social media campaigns, weighing potential risks against benefits as accurately as possible.
  2. Designate specific individuals and departments to develop, execute, and monitor a comprehensive and proactive social media strategy – and make a senior executive responsible for implementing it in a timely fashion.
  3. Have the policy reviewed by the relevant departments (human resources, IT, communications, and legal) and by an outside law firm.
  4. Because employees pose the biggest risk to a company, although often unwittingly,,provide educational programs about the danger of damage to the company by using social media on the job or at home.
  5. Create a social media agreement for employees to review and sign as a condition of employment and part of their employment contract. Update the agreement annually, or as often as needed, to address changes in social media that might impact your risk in new ways.
Following this checklist will help position your business to reap the enormous benefits that participationin social media offers. As always, we’re here to help you– just give us a call!  

MANAGING SAFETY FOR AN AGING WORKFORCE

Author TonyScurich , 6/27/2016
1 Nearly one of four people aged 64 to 75 are still at work - and the number is skyrocketing, with more Baby Boomers who reach retirement age staying in the workplace. The good news: Older workers have a lower injury rate. The bad news: Their injuries tend to be more serious and require more time away from work. Senior workers have specific safety issues. Their retention is often shorter, they're more easily distracted, have slower reaction time, declining vision and hearing, and a poorer sense of balance. These physical limitations lead to specific types of injuries for older workers, ranging from falls to accumulated injuries after years of doing the same task What's more, they sometimes deny their deteriorating abilities, which can lead to them to trying to work past their new limits. Indicators that older workers might need accommodations can be physical (fatigue or tripping), psychological/emotional (loss of patience or irritability), numbers and patterns of sick days, or more frequent minor injuries or near misses. You can help protect your senior workers by:
  • finding ways for them to work smarter, not harder
  • decreasing activities that require exertion, such as working in heat or cold or climbing ladders
  • adjusting work areas with better lighting, reduced noise, fewer obstacles, and less need to bend or stoop
  • redefining standards of productivity
  • learning the limitations of older workers, perhaps by conducting annual hearing or vision tests
Make sure that safety culture becomes an institutional value for all employees. For example, when on-the-job feedback indicates that an older worker is having trouble, don't fire the person. This will discourage honest input from employees who might feel responsible for their co-worker's loss of employment. For more information on making your workplace safer for older employees, feel free to get in touch with us.

Side Job Doesn't Prevent FMLA Claim

Author TonyScurich , 3/9/2016
In the California case, Richie v. AutoNation, an employee out on CFRA (FMLA) was fired by his employer when he was found to have been working at a restaurant he owned during his leave period. The company's leave policy prohibited outside employment during leave. The court ruled in favor of the plaintiff, stating that FMLA/CFRA (the California equivalent) has a process to follow in shortening FMLA leave if you believe that an employee no longer qualifies for it. You cannot create your own rule or process and, in a sense, do an end run around FMLA protections. The court ruled that because job reinstatement is mandatory, the only way to stop leave properly is by following the CFRA process and questioning the medical opinion of the employee's doctor.

This decision reminds us that ignorance of legal requirements is no excuse. In this case, the company argued that it had a good faith defense because it was not aware of this limitation on managing leave. The court essentially said "So what? It's a mandatory statutory obligation, which you can't avoid." As a different court stated, "A showing that an employee is unable to work in the employee's current job due to a serious health condition is enough to demonstrate incapacity. The fact that an employee is working for a second employer does not mean that he or she is not incapacitated from working in his or her current job."

Some additional notes:

  1. The decision reminds us that an employer's policy on secondary employment during FMLA leave must be the same as that for employees who are not on FMLA leave. Otherwise, the policy itself violates the law.
  2. Second, the court overturned an arbitration decision in this case which allowed the court's good faith defense. Although review of arbitration is very limited, the court will step in if the arbitrator misapplied the law.
  3. Finally, whether it's FMLA leave, ADA accommodation leave, use of PTO or sick pay, etc., if you doubt the veracity of any employee's story (i.e. they were playing soccer or lifting pianos this weekend), you must follow the proper procedures so that you don't find yourself trapped like AutoNation did in this case.

Why you need Employment Practice Liability Coverage

Author TonyScurich , 10/14/2014
While the current economy shows signs of improvement, news reports often report an increase in filing of employment-related suits when the job markets are difficult. Keep in mind, California tends to be an "employee-friendly" state and no business, regardless of their size is safe from employee lawsuits. Even if you have done everything "by the book" this is no guarantee an employee will not file a lawsuit claiming unlawful termination, sexual harassment or even a pay-related claim against you. Employment practice liability coverage and your business Should you face legal problems after you have fired an employee, your coverage can help minimize the legal costs you could be facing. Additionally, should the courts rule in favor of the employee, these policies can help cover the amounts you would otherwise have to pay from your business. Employment related claims can include:
  • Sexual harassment - long gone are the days when only women complained about sexual harassment on the job. Today, nearly 7% of all claims filed are by men.
  • Wrongful termination - whether an employee was an "at will" or had a written contract, there is a potential you could be sued for wrongful termination. Employees who are let go for cause or as part of a mass layoff could potentially file suit against your business.
  • Family medical leave act violations - employees who feel the rights afforded to them under the family medical leave act (FMLA) may file suit. This includes employees who were refused time off, or employees who were terminated in a layoff during a covered absence.
Federal and California employment laws are very specific regarding discrimination and the employees right to a safe workplace. Many employers will never have a disgruntled employee file a suit against them but, if you are one of the unlucky ones, having the appropriate employment practice liability coverage can save you thousands of dollars. Check with your insurance agent about your coverage today.

Have you heard about criminal iden

Author TonyScurich , 7/14/2014

Criminal identity theft occurs when an imposter gives another person's name and personal information such as a drivers' license, date of birth, or Social Security number (SSN) to a law enforcement officer during an investigation or upon arrest. Or the imposter may present to law enforcement a counterfeit license containing another person's data.

Frequently, but not always, the imposter fraudulently obtained a driver's license or identification card in the victim's name and provides that identification document to law enforcement. Or the imposter, without showing any photo identification, uses the name of a friend or relative. In many cases, the imposter is cited for a traffic violation or for a misdemeanor violation and is released from the arrest. The imposter signs the citation and promises to appear in court. If the imposter does not appear in court, the magistrate may issue a bench warrant, but the warrant of arrest will be under the victim's name.

The identity theft victim may not know there is a warrant of arrest issued under his/her name. The victim may unexpectedly be detained pursuant to a routine traffic stop and then subsequently arrested and taken to county jail (booked) because of the outstanding bench warrant.

In some cases the imposter will appear in court for the traffic or misdemeanor violation and plead guilty without the victim being aware of this event. In other cases, the imposter is arrested and booked at the county jail for a felony such as a drunk driving or other serious public offense. The imposter provides the victim's name and personal information. This information is then recorded in the countywide data base and is usually transferred to the State's criminal records data base and possibly to the national data bases, the National Crime Information Center (NCIC)

Some identity theft victims, unaware of the earlier criminal activity by the imposter, may learn of the impersonation when the victim is denied employment or terminated from employment. In these cases, the employer conducted a background investigation and had relied upon the criminal history found under the victim's name. Note that the employer is legally obligated to inform the victim of the reason for the rejection of employment. (See Federal Trade Commission information about this requirement atwww.ftc.gov/bcp/edu/pubs/business/credit/bus08.shtm

Unfortunately, as with financial identity theft, the burden of clearing one's name within the criminal justice system is primarily on the victim. The victim must act quickly and assertively to minimize the damage. Yet, the responsibility to correct the erroneous data in the various criminal justice computer systems is with the officials working within the criminal justice system. There are no established procedures for clearing one's wrongful criminal record.


Does workers compensation apply off the job?

Author TonyScurich , 2/17/2014
Scurich Insurance Services, CA, Workers compExamples abound of workers offering their skills outside the workplace: Nurses and doctors aid the injured or ill; contractors assist someone with heavy lifting or short hauling while on a hardware run; benevolent computer techies make a quick fix for a customer without a dispatch order. If one of your employees suffers an injury while providing such help, can the employee collect under Workers Comp? After all, they were doing their work. A California correctional officer, injured while helping at the scene of an accident on his way to work, was denied Workers Comp benefits on the basis that his services did not qualify as regular employment. Citing an ethical standard set forth for correctional workers in the Ethics Cadet Workbook, the injured officer claimed it was his ethical duty as a corrections officer to assist those in need, regardless of when or where. Hence, he argued that his services at the accident were related directly to his employment. However, the court disagreed, stating that: "The fact that the law enforcement code of ethics for correctional officers speaks of a duty to serve humankind and safeguard lives and property does not confer authority on a correctional officer to act outside the scope of his statutory jurisdiction." Knowing the eligibility rules for workers comp benefits is essential for you and your employees alike. Now might be the time for a refresher course. For more information about your comp coverage rules, call our service team today. Content provided by Transformer Marketing.