In the controversial Citizens United case, the Supreme Court ruled that corporations have rights similar to those of an individual. It follows that they have identities and are vulnerable to identity theft.
Although insurance offers one way to manage this risk, it might well be a long time before a company discovers the theft — at which point, it would be too late. To avoid or minimize the danger of having your corporate identity stolen, we’d recommend a three-step approach:
- Storing sensitive information. Sensitive files and information (credit card numbers, medical data, Social Security numbers, etc.) might be stored on computers, external drives, filing cabinets, or mobile devices. It’s wise to consolidate and secure this data either physically behind lock and key or by using electronic network security measures. Be sure to train employees on handling, storing, and disposing of this type of information properly.
- Your business documentation. Identity thieves might use highly sophisticated or surprisingly elementary and low-tech techniques for delving into a company’s records and misappropriating them. These might include intercepting paper mail, stealing trash, or physically taking documents. To safeguard this information, determine what records you need to run the business, inventory them, and use electronic statements to limit the amount of mail containing company information. Never share financial details or documents through e-mail!
- Credit reports. Check your company’s credit reports regularly for unusual charges or bills.
The Federal Trade Commission (http://www.business.ftc.gov/documents/bus69-protecting-personal-information-guide-business) provides a variety of resources you can use to help protect your corporate identity and confidential customer information against identity thieves.
Our agency’s professionals would be happy to offer their help — just give us a call.
Read more
I recently responded to the LinkedIn question “How can a company attract and maintain top talent?” in this way:
“Although you’ll get many responses about technique and strategy, in my experience that’s just the beginning of the answer. There’s a significant emotional aspect to the question. In the words of the Buddha, “What comes to you comes from you.” So that’s what I’ll focus on in this answer; the emotional blockages that stop things from coming to you. Ask yourself these questions:
- Are you really willing to do what it takes to attract and keep great talent?
- Are you willing to hire somebody better than you? Or even better than their manager?
- Does driving towards excellence scare you? Are you prepared to hire the top 10%?
- Would you fit in this category?
- Is there such a thing as an “overqualified” applicant?
- Are you open to hiring and managing different types of people? Can you hire without baggage?
- Do you make a conscious effort to show people you care – or is this just your self-talk?
- Do you allow employees to make a difference? To stretch? To find the good in their work?
- Do you let go of poor performers, thus making room for more good ones?
- Does leadership give a hoot about people, or simply growing their bottom-line?
- Is this a fun place to work or is the attitude that fun and work don’t mix?
Most importantly, think about your own experience. Why would you work somewhere or stay there? “
Read more
Whenever you’re asked to bid on a job, you’re usually required to certify that the price is firm and that there won’t be any unexpected expenses and cost overruns once the project is underway. Because this is standard practice in the industry, it’s understandable that some contractors are surprised that their insurance costs don’t operate the same way — especially when the contractor has asked agents for “bids” on the insurance package.
Neither Workers Compensation nor General Liability, two of the key coverages in Construction insurance, usually set fixed premiums. Because payrolls and/or revenues the contractor pays or earns during the policy period determine the premiums, and there’s no way to know these costs in advance, the premiums will also be estimates. Once actual payrolls and revenues are known (usually after an insurance company audit after the end of the policy period), the company will set the final premium based on these figures. The contractor — you — will then receive either a refund (if your insured losses were lower than expected) or a bill for the additional premium due (when these losses are higher than expected).
Although it’s never pleasant to owe more money after a policy has expired, keep two things in mind: First, if the insurer were able to predict the final results accurately, it would have charged this amount in advance. Second, an additional premium due after an audit shows that you had a better year than expected — and that’s always good news!
If you have any questions about how your insurance works or how premiums are calculated, just give us a call. We’re here to help.
Read more
There’s nothing like a celebration to bring co-workers together and make them feel as though they’re one unified work family. Although a celebratory meal or party can bring cohesiveness, employers should be careful not to let celebratory events become a liability. Of course, the entire point is to allow attendees to relax, have fun, and interact on a more personal level. But, the double-edge comes from attendees mistaking a relaxed atmosphere as leeway to behave in an inappropriate manner or attendees becoming so relaxed that they behave in a way that they normally wouldn’t. Out-of-bounds behavior should be of particular concern if there’s alcohol involved in the workplace celebration.
In order to avoid lawsuits, there are several elements that employers should consider prior to any celebratory workplace event. Before the event, employers should make sure that they have informed the attendees of what will be considered improper behavior. It’s a good idea to remind and caution employees that even though the event is a party, it’s still a business event and that inappropriate touching, gifting, and off-color or offensive remarks are still considered inappropriate behaviors. Employers should be mindful that under Title VII, it only takes one inappropriate incident to bring about a timely and costly lawsuit. It might be helpful to have supervisors or managers go over the company policy with employees, especially the sexual harassment section. While going over the company policy, the supervisor or manager can also inform employees if there will be any exceptions to normal company policy made specifically for the party, such as attire varying from the normal dress code.
In the event that clients will be attending a workplace party, employers might have additional concerns that should be addressed beforehand. For example, what should an employee do if a client is making inappropriate advances or conversation? It’s usually pretty clear to employees how to handle such a situation during normal workplace hours, but sometimes employees are specifically told to make sure clients have fun at a party. This can create a recipe for legal disaster if not addressed properly. Make sure to set up a way for any employee that’s been given such an assignment to exit the situation if it becomes uncomfortable for them. This can be accomplished by setting up a room as a coffee bar or lounge and ushering clients that become unruly to the room to calm down or sober up. It’s also a good idea to have a buddy system in place for all employees handling clients. If a client becomes unruly or inappropriate he/she can be passed off to their designated buddy.
If alcohol is served, employers might consider having only a specific time frame for it. This can help to prevent party-goers from becoming intoxicated, belligerent, or driving home intoxicated. It’s also a good idea to have a transportation system, such as cabs or designated drivers, in place for party-goers that overdo it on alcohol.
Although inappropriate behavior directed toward an employee’s guest or family member might not be considered workplace harassment, it can cause a great deal of unnecessary workplace conflict. It should be made clear that inappropriate behavior toward any guest will have disciplinary actions.
One last concern is the first workday following the party. Everything that happened or didn’t happen will be discussed and scrutinized. Conversation and actions that might have been laughed at during the party or intended innocently might not always be so funny or acceptable by the next day. It’s important to encourage an open and honest dialogue about any gossip topics so that misconceptions and hard feelings can be prevented.
Read more
What’s your company’s “brand?” Whether you’ve had one developed professionally or simply let it happen, experts all agree that you definitely have a brand.
Call it “image” or “reputation,” but it’s there — and it goes far beyond advertising and marketing. At its core lies the emotional connection your products or services make in the minds of your customers or prospects: Either terrific or toxic. The question is whether your brand is enhancing or detracting from your success.
A crucial attribute for any business is trust, based on an ethical approach to every relationship and transaction. Is your brand trusted? Ask your customers and prospects what your brand says to them.
We’d also like to ask what our brand means to you. We want nothing less than to be your trusted advisor. Let our professionals take your concerns about protection and insurance issues off your plate, so that you can focus on building your brand into a valued enhancement to the future of your business.
Read more
Few business owners have happy thoughts when they think of the Occupational Safety & Health Administration (OSHA). The first thought is usually of red tape and obsolete regulations instead of the possible benefits from taking advantage of the services offered by OSHA to reduce workplace illness, injury, and fatality. There are three very obvious ways in which any effort to mitigate losses from workplace illness, injury, and fatality can help a business:
- It helps to ensure minimal day-to-day work-flow disruption.
- It helps to boost employee morale.
- It helps to manage liability insurance costs, including that of Workers Compensation claims.
OSHA helps in these areas through an array of education, outreach, and compliance assistance programs. For example, OSHA offers a variety of training materials and guidelines that can help workers and employers to understand and comply with safety standards. These may be obtained online, on CD-ROM, and in print. There’s also a 24-hour toll free number that employers can call for assistance on workplace safety issues. For small business owners that need onsite help to identify and correct possible workplace hazards and/or establish health or safety programs, OSHA offers free workplace consultations among its many other services.
Through cooperative programs, like the Alliance Program, OSHA works directly with entities such as educational institutions, businesses, trade organizations, and labor organizations. Certain industries, such as food processing, shipbuilding, and construction, are specifically targeted through OSHA’s Strategic Partnership Program.
The Voluntary Protection Programs (VPP) are considered the superstars of the OSHA cooperative programs. One of these programs is called the Star Program. It’s designed for businesses that have shown an exemplary workplace (injury and illness rates below the national average for their industry) through successful and comprehensive health management and safety programs. Businesses in this program will undergo a review and onsite investigation of their health and safety programs, a review of past inspections, an onsite condition assessment, and have their management team and employees interviewed. Incident rates are reviewed yearly and overall reevaluation takes place every three to five years to ensure that Star participants still meet the program requirements. The Merit Program is another voluntary protection program. It’s a stepping stone of sorts to the Star Program and is for those with good health and safety programs. These businesses have areas needing improvement, but demonstrate the potential for excellence.
Involuntary inspections are an even large part of OSHA’s preventative measures. Many are the direct result of a workplace injury or death report or complaint. In fact, of the 37,000 involuntary inspections OSHA conducted in 2002, around 9,000 stemmed from an accident report or complaint. These inspections resulted in almost 80,000 violations and $73 million dollars worth of penalties, $11.8 million of which was from the most serious violation category, the willful violation. The average OSHA fine was $28,000 and the most often inspected industries were manufacturing and construction.
Since its 1971 start, OSHA has proven itself a successful branch of the Department of Labor. Despite heavy employment growth overall, through OSHA inspection, education, outreach, and enforcement, workplace illnesses have decreased by more than 40% and deaths have decreased by more than 50%. Even though many small businesses, especially those not in frequently-targeted industries, aren’t highly concerned with OSHA compliance and regulatory monitoring, OSHA can still be a valuable asset when it comes to occupational safety and health and risk management.
Read more
