Man Sues Krispy Kreme For Not Having Real Fruit In Its Doughnuts

Yes, you read that title correctly. A Los Angeles man is suing Krispy Kreme doughnuts claiming they misled the public by naming its doughnuts in a way that led people to believe they contained vitamin-rich fruits, despite them being completely fruit-free.

Read more HERE

donuts

If you’re wondering what this has to do with anything, my point is that there are nut jobs all over the world like this who are sue happy and looking for a little extra money, even through a settlement. It’s imperative as a business that you carry commercial general liability insurance with product liability included. By carrying a policy for this, you have defense coverage under the policy to protect your business from even the frivolous claims.

Even though a judge could potentially throw this case out the window, there’s going to be legal fees that need to be paid no matter what. And the headache of dealing with this. Leave it to a commercial general liability policy to handle this for you so you can focus on the important things in running a business. Don’t think that only happens to the big guys like Krispy Kreme either. This can happen to ANY business, especially in litigious Southern California.

-JK

10 EEOC Tips for Small Businesses

I will preface this by saying that I am not a Human Resources professional nor an attorney. Don’t take this as the end all/ be all when it comes to your employee relations. Although I am not and attorney or certified HR professional, I do help businesses with their risk management and insurance needs and Employment Practices Liability Insurance is one of those areas. Here in Southern California, Employment Practices Liability insurance claims happen a LOT more than general liability, professional liability (E&O) or any other areas of liability for that matter. I don’t have the statistical data, but working day-in and day-out with clients, I do see Employment Practices Liability claims a whole hell of a lot more than most other lines of insurance. And remember, Employment Practices Liability claims are NOT covered by a General Liability insurance policy or Workers’ Compensation.

With that being said, here are 10 EEOC (Equal Employment Opportunity Commission) Tips for Small Businesses taken directly from the EEOC. The Equal Employment Opportunity Commission is an independent federal agency created by Congress in 1964 to eradicate discrimination in employment. The Commission enforces various statutes that prohibit employment discrimination on the basis of race, color, sex, national origin, religion, retaliation, age, and disability or protected veteran status.

The EEOC has the authority to investigate charges of discrimination filed against employers who have a statutory minimum number of employees. HR can help avoid costly penalties by following the tips published by the EEOC.

  1. Look at the facts, not the faces. Race, color, religion, sex (including pregnancy, sexual orientation or gender identity), national origin, disability, age (40 or older) or genetic information (including family medical history) should not be a factor when you hire, fire, promote, pay, train, discipline or make other work-related decisions.
  2. Provide reasonable accommodations to applicants or employees who need them for medical or religious reasons, if required by law*.
  3. Develop a strong anti-discrimination policy before discrimination becomes a problem.
  4. Ensure that employees understand their rights and responsibilities at work.
  5. Be alert to potential harassment or discrimination. Stop, address and prevent harassment and discrimination.
  6. Ensure that employees are not punished for reporting discrimination, participating in a discrimination investigation or lawsuit, or opposing discrimination.
  7. Post an EEO poster at your business.
  8. Keep employment records as required by law.
  9. File an EEO-1 Report if you have 100 or more employees. Some federal contractors with at least 50 employees must also file this report.
  10. Contact the EEOC to request assistance, information or training.
* Federal, state and local laws may prohibit additional types of discrimination and/or require you to provide reasonable accommodations for other reasons. Federal, state and local government websites may have additional information about these laws.

-JK

Los Angeles Has Highest Workers’ Comp Claim Costs in California

File this under the No Surprise folder but a new study by the Workers’ Compensation Insurance Rating Bureau show that Los Angeles has the highest workers’ comp claim costs in California.

Among other key findings, “The Los Angeles/Long Beach Area is the most litigious region in California. Medical legal costs are over 2.8 percent of total incurred costs on indemnity claims in the Los Angeles/Long Beach area compared with 2.0 percent statewide.”

“Indemnity claim frequencies in the Los Angeles/Long Beach area were 24.0 percent higher” than the rest of the state of California.

Read more here from the Insurance Journal:

As frustrating as this is, none of it surprises me. Not a week goes by where I don’t see a workers’ comp claim come across my desk for “cumulative trauma” or “repetitive motion” from an attorney after termination of an employee. And as I always say, nobody hurts more from this than the honest business owner trying to get by everyday running an honest business. They’re the ones paying the costs of these claims.

Here’s a map showing the regional differences of indemnity claims as a share of the total claims counts in California:

wcirb-claims-map

-JK

Be Careful of Those ATM Card Skimmers

Are you like me where you get paranoid using public ATM’s and paying for gas with your card at the pump? I am sketched out about ATM / credit card skimmers that scammer’s place on public machines to trace your personal information. I stumbled across this video on Facebook. This is in Europe, but it doesn’t matter, this can happen anywhere. Be vigilant my friends!

-JK

California Insurance Commissioner Awards $34.9M to Fight Workers’ Comp Fraud

Working in the Property & Casualty Insurance industry, I am happy to see the fight against Workers’ Comp Fraud. There are way too many people taking advantage of the Workers Compensation Insurance system in California, particularly Southern California. Honest business owners are stuck paying the high costs which is very much driven by those taking advantage of the system. I see it weekly with the claims coming across my desk. From the individual “claimants” to the attorneys and physicians, I hope you get caught.

-JK

October is Adopt a Dog Month

October is Adopt a Dog Month. If you’re considering a pet; please consider adoption or rescue! Each year, an estimated 3-4 million animals waiting in shelters for someone to give them a safe, loving home never find a hero to adopt them and, tragically, are euthanized.

Dogs are amazing and supportive companions who can make a huge difference in your life as a best friend, an exercise buddy, someone who can be trained to provide animal-assisted therapy and help those with challenges they may face, or simply be a face to greet you after a hard day at work.

We rescued our dog Presley almost two years ago. It was the best decision we could’ve made. We tossed the idea around for a long long time and finally pulled the trigger one random weekend. It may seem like an overwhelming responsibility, but it’s really not once it becomes your reality.

Here’s a pic of our pup:

dog-rescue

For more on Adopt-A-Dog Month®, please  visit:

Adopt-A-Dog Month®

-JK

 

Educate Your Employees During National Cyber Security Awareness Month

This October is Cyber Security Awareness Month, an event co-sponsored by the Department of Homeland Security (DHS) and the National Cyber Security Alliance (NCSA) in order to raise awareness of the importance of cyber security issues. While the event is designed to highlight some of the nation’s cyber security precautions, as well as how to be prepared in the event of a national cyber security incident, much of the focus is on good cyber security practices for the average individual.

Specifically, the groups are trying to promote their “Stop. Think. Connect.” and Stay Safe Online campaigns—efforts that teach good cyber security in terms everyone can understand. In order to encourage your employees to practice good cyber security, review the following lessons with them:

  • Password Security: More powerful computers have given criminals the ability to crack passwords easily. Passwords with a mix of capitalized and lowercase letters—as well as numbers, symbols and other special characters—are much harder to crack. And, though it should go without saying, make sure your employees don’t write their passwords down in plain sight in their work spaces.
  • Phishing Scams: A number of different scams could fall into this category, but they all have commonalities that your employees should be aware of. Never open an email from an unknown source, and never click on a link in an email unless both the sender and the link can be trusted.
  • Software Updates: Security patches are designed to fix known vulnerabilities. Make sure your employees download the latest security patches when they become available.

Those wishing to participate in this year’s activities can find a number of resources available online, or contact me  for further cyber security materials.

-JK

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