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There are over 12 million Americans that use long-term care at their homes, hospitals and communities that provide services to assist them with everyday tasks like bathing and eating.

Employment practices liability insurance, which is known as EPLI, is an important coverage for any business with employers, or that is about to hire employees to have because it covers claims related to employment. EPLI policies will cover employees who are both full time and part time, seasonal employees, independent contractors, any former employee of any type as well as potential employees. Employment-related lawsuits are expensive, with defense costs that can be high, and judgments are often over $100,000. These claims are excluded by General Liability policies so a company without this coverage will need to pay these costs out of pocket. Security guard businesses, both large and small, have an exposure to being sued by an employee or a former employee. EPLI coverage used to only be purchased by larger companies but as lawsuits are becoming more commonplace, small companies are finding themselves fighting claims in court and costs add up to defend claims of this nature. Frederick Yohn of MarketStance stated that out of all the companies with 500 employees or more, at least 1/3 carry EPLI insurance. He also stated that for companies with less than 50 employees, less than 4% have coverage. Carriers are seeing a trend in the increase of EPLI claims. The Equal Employment Opportunity Commission (EEOC) reported 2,118 more claims in 2016 than had been reported in 2015. The EPLI market has an expected growth of $2.7 billion by the year 2019. One of the reasons could very well be the increased media coverage of discrimination lawsuits, and a bigger awareness of these types of claims in general. This is bringing an often overlooked coverage to the spotlight. Because of this, more and more companies are purchasing this important coverage. What is Covered by EPLI?  EPLI covers a variety of types of claims that related to the relationship between an employee and the employer. EPLI covers claims that allege there has been an instance of discrimination (religion, color, nationality, age, sex, and race). In 2016 and 2015, the EEOC reported that the top five categories or discrimination claims were retaliation, race, disability, sex, and age. Retaliation claims comprised 46% of the total number of discrimination claims.  That is a staggering number. Other types of EPLI claims include sexual harassment, negligent or malicious evaluation, wrongful termination, wrongful discipline (which is usually closely tied to discrimination), failure to promote, violation of leave laws, breach of employment contract, failure to hire, emotional distress, hostile work environment or willful deprivation of a career opportunity. What about Wage and Hour Laws? Wage and hour laws are another aspect of EPLI claims but not every policy covers them. Wage and hour laws are complicated because of the variety of local, state and federal laws. There are five types of wage and hour claims. The five types are: misclassifying employees (exempt or non-exempt from overtime pay), overtime wages, extra time off, meal breaks, independent contractors vs employees. Security guards are usually paid an hourly wage and depending on how your company schedules shifts and overtime, these claims can be costly to your company to defend unless your EPLI policy covers these claims. Ensuring that you have wage and hour law coverage is necessary for security guard business owners as claims of these types are on the rise. Third Party Claims  For security guards, who are often stationed at various locations and deal with a wide variety of people, third-party claims coverage is important. With a third party claim, the claim or lawsuit comes from somebody who is not an employee, such a client or customer, or somebody else at a client site (such as a customer of the client).  It is easy for somebody to say something without malice, but have it taken the wrong way and it can trigger a lawsuit. With so many employees off-site at other locations, and with a high degree of interaction with the customers of clients, third-party coverage is necessary to have on any EPLI policy for security guard businesses. Another type of third-party claim that is gaining traction is website accessibility lawsuits. These are lawsuits that allege that the ADA requirements for physical locations can be applied to a company’s website. By claiming that a website is not accessible to a disabled person, they can claim that they are being discriminated against. While the number of claims is low, they are being seen more and more, with companies such as Bed, Bath and Beyond and Ace Hardware being named in lawsuits. To prevent this type of claim, companies can provide audible captions on pictures and consider providing audible text for the website content. This is a type of claim that is being watched carefully. How can we Prevent EPLI Claims? One of the best ways to prevent claims is to have clearly written policies in the employee manual regarding discrimination, harassment, and conduct. Employees should sign a copy and return it to their employer. The managing director of MarketStance, Frederick Yohn, has said that when it comes to having written policies regarding discrimination and sexual harassment, only 41% of the companies with over 1,000 employees had a plan or procedures in place. Even a small company needs to have an employee manual that addresses this issue. Your company should have written procedures and guidelines for hiring, promotion, performance reviews, discipline and termination that all managers, supervisors, and owners must consistently follow. Each job position should have a written description of the exact job duties and expectations about the job. This is important for security guard companies because there is a physical aspect of the job. Job postings should clearly list what the physical requirements are. For preventing wage and hour claims, there are a few steps that you can take such as: Have a written policy regarding overtime hours and getting approval prior to working overtime Comply with all local, state and federal wage laws and rest/meal periods Keep employee records including their classification and duties and a written description of their duties that is consistent to their classification Preventing claims by having clearly defined job roles and descriptions, following written procedures for discipline, hiring, and termination and documenting everything are all necessary for minimizing the chances of having an EPLI claim. Security companies need to stay protected and their policy should include coverage for third-party claims and wage and hour law claims as well.

4th of July fireworks, parades and cookouts are an excuse for you to relax with family and friends. As you plan your celebration this year, take several steps to ensure safety for everyone involved in celebrating the United States' birthday. Use Fireworks Safely Public fireworks displays are the safest way to enjoy the beautiful colors and terrific booms of this July 4th tradition, especially when you maintain a distance of at least 500 feet between you and the show. Firework displays at home can be fun though too. If you go that route, take these precautions. Follow the instructions on the packaging. Never allow children to play with the fireworks. Stock a fire extinguisher or water supply nearby. Wear eye protection when lighting fireworks. Remove flammable materials from the area. Never point fireworks toward people, animals, vehicles or structures. Properly dispose of duds rather than trying to relight them. Take Precautions While Grilling Burgers, hot dogs, fruit and pizza taste delicious when they're grilled. Grab your favorite side dishes and follow a few precautions that ensure you and your guests grill safely. Always supervise the grill when it's in use. Never grill indoors or in a fully enclosed area such as a garage or tent. Use lighter fluid sparingly and never after the coals are ignited. Keep children and pets away from the hot grill. Remove flammable objects, including trees, from near the grill. Use long-handled tools to handle food. Stay Safe on the Beach Swimming is a fun summer activity, and it's good exercise. At the beach, lake, public pool or backyard pool, stay safe with these tips. Swim only in designated areas. Obey the lifeguard and all posted signs. Swim sober. Get out of the water during a storm or if you hear thunder or see lightening. Require children to wear life jackets. Don't dive into shallow water. Wear Sun Bathing Protection Picnics are part of many July 4th celebrations. You should also take these protective measures. Wear sunscreen that's at least 15 SPF. Remember to apply sunscreen to your ears, hair part and the tops of your feet. Avoid direct sunlight between 10 a.m. and 4 p.m. when the UV rays are strongest. Reapply sunscreen every two to three hours or more frequently if you're sweating. Drink plenty of water even if you're not thirsty. Wear a hat, sunglasses and long sleeves if you have to be in direct sunlight. Watch for signs of heat stroke, including hot, red skin, shallow breathing and rapid, weak pulse. Your July 4th celebration will be safe when you take these steps. For more advice, talk to your health insurance agent. He or she stands ready to help you have the best birthday party ever.

Protect your Friends and Family as you Beat the Heat. Warmer weather means more outdoor activities for the whole family, including cooling off in the pool. We want to help you make sure that you, your family and guests are safe. Here are a few tips that can help you stay safe while you have fun: Always supervise swimmers and have life-saving equipment nearby: Maintain secure fencing and a locked entrance around the pool and deck area to prevent access when adequate supervision is not available. Install self-closing and self-latching gates. Make sure no one swims alone. Never leave a child unattended in the water or pool area, and make sure less experienced swimmers are always accompanied by a swimmer who has water life-saving skills. Equip your door, gate or pool with an audible alarm to alert you if someone enters the pool area or falls into the pool while it is unattended. Diving should be prohibited unless a specific area of the pool is designated for safe diving. Water depth and diving-restricted areas should be clearly marked. Make sure there is adequate life-saving equipment in the pool area, including life preservers and a rope with life-saving rings, a reaching pole or rescue hook. Regularly maintain your pool during the season to keep swimmers and sun-bathers safe: Keep chemicals safely stored away from the pool area. Follow all storage and usage instructions recommended by the pool chemical manufacturer. Be sure electrical devices, including outdoor entertainment systems, are away from pools or wet surfaces. When using electrical devices outdoors be sure to plug them into a GFCI (ground-fault circuit interrupter). Keep the pool area clear of glass bottles, toys or other potential accident hazards. Inspect the liner. Rips and tears can appear undetected at the top of the lining.  Check for signs of wear and tear in areas where pipes or other items may have penetrated the liner (e.g., skimmers, hoses, etc.). For above ground pools, check metal supports for rust or deterioration. These may indicate areas where the pool could rupture or a person could be injured. Check the deck for safety hazards (e.g., protruding nails, loose boards, etc.). Ensure your pool has compliant anti-entrapment drain covers. Inspect them regularly to confirm they are not broken or missing. Visit the Virginia Graeme Baker Pool and Spa Safety Act (P&SS Act) for additional information.  This act applies for all outdoor and indoor structures intended for swimming or recreational bathing, including in-ground and above-ground pools, hot tubs, spas, whirlpools and non-portable wading pools.

 It’s the beginning of fall and apple picking season is in full effect.  And the place to be is Clearview Orchards. Organic Fuji and Gala apples are specialties of Clearview Orchards, although they also offer a number of other apple varieties. Bring your family and your picnic basket.  Once you are done enjoying a picnic on our lawn, feel free to pick your own apples.  Other delicious items you can pick up at Clearview: Honey. Pumpkins (we have red, white, or pink) Dried lavender Apple cider Apple pops Want a getaway?  We can do that too.  We offer a luxury yurt that boasts such amenities such as a queen bed, a full kitchen, sofa, and full bath with shower.  The yurt is centrally located amongst lavender fields, flower gardens, avocado, and Fuji trees.  An array of wildlife including deer, coyotes, raccoons, and hawks can be viewed from the yurt.  This would be a perfect getaway for you and your partner looking for a romantic country getaway. What:  Clearview Orchards for picnicking and apple picking Where:  646 Trabing Road in Watsonville When:  Saturday and Sundays from 10:00 am-5:00 pm through Sunday, October 26th. Cost:  $2 a pound for apples Who:  Everyone! Content provided by Transformer Marketing. Sources:  https://www.airbnb.com/rooms/3111208?s=QpQT and http://www.clearvieworchards.com/index.html

This is blog was created to help the security guard professional better understand their insurance options.