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  • 10 Things You Need to Know About the New York State Paid Family Leave Act

    10 Things You Need to Know About the New York State Paid Family Leave Act

    Final Regulations on the New York State Paid Family Leave Act (PFL) have been published and these are the basics that you need to know:

    1. Employers that have to provide DBL, must provide PFL.
    2. All employees who are currently covered under DBL, will be covered under (and thereby have the right to take) PFL effective 01/01/2018 – some employees could be out as early as the very first day of next year!
    3. Just like with DBL, a printed PFL notice will need to be displayed and posted as published by New York State later this year.
    4. PFL benefits phase in over 4 years with gradually increasing benefit amount and duration, so it’s important to stay on top of annual changes to the maximum benefits.
    5. New York State sets the rate and can change it every year – this is something else to look out for on an annual basis.
    6. Employers can start taking payroll deductions starting July 1, 2017. Get the scoop on early deductions and maximum contributions here.
    7. Employers cannot require employees to exhaust their accumulated PTO before letting them go out on paid family leave.
    8. Employees will need to give 30 days’ notice for foreseeable leave. This means employers could start receiving notices by 12/01 of this year.
    9. PFL provides job security for employees out on paid leave, similar to unpaid leave under FMLA, but regardless of the size of the employer.
    10. If an employer declines to reinstate an employee returning from PFL, the employee may report that employer to New York State. The employer then has 30 days to either take corrective action or file a formal response to the employee.
  • Dairy-Free Doesn’t Have to Mean Flavor-Free Foods

    Dairy-Free Doesn’t Have to Mean Flavor-Free Foods

    If you love the creamy texture of milk, cheese, or ice cream but experience digestive distress when you eat these foods, you’re not alone. Some 65 percent of people have trouble digesting lactose, a sugar in dairy products, after infancy. If you’re among them, be sure you’re getting sufficient calcium (think leafy greens, broccoli, and fortified nut milks) and protein (from lentils and beans, fish, lean meat, and nuts). When making substitutions for dairy products, look for options that are nutritious and minimally processed. “Just because a product is non-dairy doesn’t mean it’s nutritious,” suggests Cleveland Clinic nutritionist Amy Gannon, R.D. “Always check the nutrition label and ingredients list to see what you’re getting.”
    Consider these substitutes for your favorite dairy products that will please your palate and support your health:

    • Milk. Choose plain, unsweetened almond, cashew, or soy milk. “Each has a different nutritional profile,” says Gannon. Almond milk, for instance is low in calories but also low in protein, while soy milk is higher in both calories and protein. Remember to shake before you pour.
    • Cheese. Instead of cheese or cream cheese on sandwiches, try creamy avocado. In salads, swap crumbled cheese for nuts. Read the labels on packaged cheese substitutes carefully, says Gannon. “A vegan cheese substitute made with almonds and miso is a great substitute, but some products have palm or soy oil as the first ingredient and contain high levels of saturated fat.”
    • Butter. Whether you’re sautéeing vegetables, baking muffins, or making popcorn, olive oil is a delicious, nutritious oil to choose — just don’t use too high of a heat when cooking.
    • Ice cream. Vegan ice creams abound in the freezer aisle, but they’re usually high in added sugar and often high in saturated fat. “Instead, try frozen fruit blended with a non-dairy yogurt, tofu, or non-dairy milk,” says Gannon.
    • Yogurt. Check non-dairy yogurts for sugar and other additives. “Choose plain yogurts and add your own toppings,” says Gannon.
    • Cream or half & half. For coffee or tea, use nondairy milk (add a dash of cinnamon or vanilla extract for flavor). If you’re cooking, mix non-dairy milk with silken tofu or plain-nondairy yogurt — experiment to get the right consistency.
  • Make Noise to Help Prevent the “Silent Killer” a.k.a. High Blood Pressure

    Make Noise to Help Prevent the “Silent Killer” a.k.a. High Blood Pressure

    “Silent killer” sounds like the title of a bad horror movie. For doctors, though, it’s code for a condition that has few obvious symptoms but can be deadly. While the term was coined for high blood pressure, another condition that puts people at high risk for heart attacks and strokes is competing for the title. About 40 percent of adults over 40 are thought to have metabolic syndrome, a cluster of three or more of the following risk factors: high triglycerides, a waistline circumference of more than 35 inches for women and 40 for men (regardless of body-mass index), low HDL cholesterol, high blood sugar, and high blood pressure. The good news is that while metabolic syndrome may be silent, the prescription for counteracting it is loud and clear:

    1. Eat real, natural food. Vegetables, legumes, fish, fruit, olive oil, intact grains, nuts, herbs and spices. These are the foods that nourish us and support metabolic and overall health; highly processed foods, refined flour and sugar, and manufactured oils never have and never will.
    2. Get moving. Both cardiovascular and resistance exercise can help prevent and reverse metabolic syndrome. Make exercise a game, make it a goal, make it a date, whatever it takes. Getting 150 minutes of moderately intense activity a week is ideal, but don’t fall into the all-or-nothing trap. If you can’t make your Zumba class or don’t have time for your 30-minute walk, take a few brisk loops around the block or do a few minutes of jumping jacks and push-ups. Something is always better than nothing.
    3. Lose weight if you need to. If you’re overweight, losing as little as 5 percent of your body weight can lower your heart disease risk by 20 percent.
    4. Relax. For a lot of people, stress reduction should be step number one for the simple reason that it makes other beneficial habits much more likely. When you’re in a state of chronic stress, it’s easy to let healthy habits fall by the wayside. Chronic stress can also increase inflammation, which can fuel metabolic syndrome. A regular practice of meditation, yoga or tai chi is a fantastic way to work stress relief into your routine. When in doubt, just breathe: spending 5 minutes doing slow, deep breathing can trigger the body’s relaxation response.
  • Plant Power: The Healthy Fundamentals for a Plant-Based Diet

    Plant Power: The Healthy Fundamentals for a Plant-Based Diet

    If you’ve been wanting to make diet changes, it’s time to seize the day — or rather, the season. There’s no wrong time of year to eat nourishing, plant-centric meals, and there’s something special about summer. With local farms and gardens bursting with fresh vegetables and fruit, your search for the freshest, most delicious produce at reasonable prices will likely be rewarded. And a firm body of research links diets high in plant foods to a lower risk of heart disease, cancer, diabetes, and other ailments, including a new study showing that foods that are high in potassium (think spinach, sweet potatoes, avocados, and bananas) can help to lower blood pressure.

    There’s plenty of evidence that the standard American diet — high in sugar, meat, and processed food and low in whole plant foods and beneficial fats — can wreak havoc on your health, including new research that suggests it may increase risk of Alzheimer’s disease in people who are genetically predisposed to it. Your heart, brain, and the rest of your body are crystal clear about the foods that help them thrive: colorful veggies, fiber-rich beans and legumes, delicious herbs and spices, and good-for-you-fats from fish, nuts, and olive oils. Get your taste buds in on the action with simple, delicious plant-based stir-fries, soups, and salads. Head to the farmer’s market (or the produce aisle) and get your plant party started!

    Tips for eating more fruits and veggies:

    • Visit a local farmer’s market to purchase low cost produce
    • Drink a cold pressed juice to get multiple servings of fruits & veggies
    • Bring hummus with carrots, celery, radishes and peppers to a party
    • When snacking, consider blueberries, baby carrots or sugar snap peas
    • Try a new fruit or vegetable that you’ve never had before
    • Dried fruit is a great snack for when you’re on-the-go
    • Add some peanut butter to an apple, celery or banana
    • Keep a bowl of fruit on your kitchen table or desk at work
    • Add apples, watermelon, grapes or mandarin oranges to your salad
    • Consider vegetables or fruit as a side instead of French fries or hash browns
  • OSHA Releases New Silica Rule for Construction Site Safety

    OSHA Releases New Silica Rule for Construction Site Safety

    OSHA is stepping up safety when it comes to respirable crystalline silica safety at construction worksites. Below is a brief outline of what the new standards mean. But, in order to read the full OSHA description of these safety measures, click here.

    Originally, the deadline to implement these new safety standards was June 23rd, 2017. However, the deadline has been delayed until September 23rd, 2017.

    Here are the key provisions of the new standards:

    • Reduces the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air, averaged over an 8-hour shift.
    • Requires employers to: use engineering controls (such as water or ventilation) to limit worker exposure to the PEL; provide respirators when engineering controls cannot adequately limit exposure; limit worker access to high exposure areas; develop a written exposure control plan, offer medical exams to highly exposed workers, and train workers on silica risks and how to limit exposures.
    • Provides medical exams to monitor highly exposed workers and gives them information about their lung health.
    • Provides flexibility to help employers — especially small businesses — protect workers from silica exposure.
  • Ransomware is Growing, Are You Prepared?

    Ransomware is Growing, Are You Prepared?

    The damage caused by global ransomware is predicted to exceed $5 billion in 2017, according to researcher Cybersecurity Ventures. Up from $325 million in 2015, the costs represent not just the amount of the ransom, but also the costs of downtime and lost productivity.

    Ransomware is any type of malicious software that infects a computer and either prevents it from working as it should or prevents access to certain files until the user pays a ransom. Typically, the hackers behind the ransomware demand bitcoin—a type of digital currency that is difficult for police to trace.

    Businesses of all sizes have become targets of ransomware, as it can infect not only personal computers, but also entire networks and servers.

    How Ransomware Can Spread

    There are different ways that ransomware can spread, including the following:

    • Visiting fake or unsafe websites
    • Opening emails or email attachments from unknown sources
    • Clicking on suspicious links in emails or on social media

    What Ransomware Does to Your Computer

    There are two main types of ransomware that can hold computer systems hostage:

    • Lock-screen ransomware works by displaying a window on the computer’s lock screen that attempts to prevent access to the computer. The message on the lock screen may even claim to come from the federal government, accusing the user of violating a law and demanding a fine.
    • Encryption ransomware works by keeping the computer available but encrypting certain types of files, thus making them unreadable. The files most commonly affected are those that include sensitive information and are assumed by the hacker to be of the most value. When people try to access the files, they then see a pop-up screen that instructs them to buy a private decryption key that can decrypt the scrambled files.

    How to Respond to Ransomeware

    Some operating systems provide instructions for responding to lock-screen ransomware, although results aren’t guaranteed. In contrast, encryption ransomware has no quick fix without an encryption key, which only the hackers typically have access to.

    Regardless of the type of ransomware, experts recommend against paying the ransom. After all, there is no guarantee that you will regain access to your computer, network or files after you pay. Furthermore, by paying the ransom, you could be encouraging future cyber crimes.

    If your business is affected by ransomware, take the following steps:

    • Report the event to your local FBI office.
    • File a complaint with the Internet Crime Complaint Center.
    • Restore file backups, if you have them.
    • Check your insurance coverage to see if it covers the costs of ransom money paid and lost business.

    What to Do if You’ve Already Paid the Ransom

    Since business can come to a halt without access to essential data, business owners are often tempted to pay the ransom in order to quickly regain access. If you’ve paid the ransom, contact your bank and call the police as soon as possible. Credit card companies may be able to block the transaction and refund you if you contact them promptly.

    The Federal Trade Commission’s OnGuard Online website is a good resource for more tips on what to do if you’re affected by ransomware or any other type of internet fraud.

    How to Protect Your Business from Ransomware

    Cyber extortion from ransomware is a legitimate threat to all businesses—no matter the size. The best method of prevention is to keep confidential information and important files securely backed up in a remote location that is not connected to your main network.

    In addition to backing up your files, taking the following prevention measures can help keep your information secure and prevent you from becoming a victim of cyber attacks:

    • Teach your employees about ransomware and the importance of preventing it.
    • Show your employees how to detect suspicious emails and attachments. For example, watch for bad spelling or unusual symbols in email addresses.
    • Develop a protocol for reporting incidents of ransomware and other suspicious cyber activity.
    • Develop a schedule for regularly backing up sensitive business files.
    • Update your company software as soon as new updates are released. In doing so, you can patch the security vulnerabilities that cyber criminals rely on, and avoid becoming an easy target.
    • Purchase cyber liability insurance that not only helps you respond to threats, but can also help cover the cost of the ransom and any other losses incurred as a result of cyber extortion.

    Don’t let ransomware—or any type of cyber exposure—threaten your business. Contact the Lawley cybersecurity insurance team to ensure you have the proper coverage and the tools necessary to protect against losses from cyber attacks.

  • New York Paid Family Leave Law

    New York Paid Family Leave Law

    To download this entire document as a PDF, click here: New York Paid Family Leave Law

    OVERVIEW

    New York’s paid family leave law requires private sector employers to provide paid family leave benefits to eligible employees starting Jan. 1, 2018. Final regulations implementing the law were issued on July 19, 2017.

    Under the law, paid family leave benefits will be phased in over a four-year period. When the law is fully implemented in 2021, employees may be eligible for up to 12 weeks of paid family leave. The paid family leave benefits will be funded through employee paycheck deductions. Employers are not responsible for contributing to or funding paid family leave benefits, but may choose to do so.

    ACTION STEPS

    New York employers should review their existing leave, attendance and paid time off policies and revise them as necessary to comply with the new paid family leave program. Employers will also need to contact their disability benefits carrier to add paid family leave benefits, and determine when to start payroll deductions. In addition, employers should communicate the new paid leave program to employees and update employee handbooks or other leave program descriptions to describe the program.

    Eligibility

    An employee who works 20 hours or more per week is eligible for paid family leave benefits if the employee works for a covered employer for 26 or more consecutive weeks. The final regulations confirm that a part-time employee (an employee who works fewer than 20 hours per week) is eligible for paid family leave after he or she has worked for a covered employer for 175 days.

    Private sector employers are covered by New York’s paid family leave law if they have one or more employees employed in New York on each of at least 30 days in any calendar year.

    Paid Family Leave Benefits

    When fully implemented in 2021, eligible employees may receive up to 12 weeks of paid family leave at 67 percent of their average weekly wages. The amount of paid family leave benefits will be phased in as follows:

    Date Maximum Benefit within 52-week Period Paid Family Leave Benefit
    Jan. 1, 2018 8 weeks 50 percent of the employee’s average weekly wage
    Jan. 1, 2019 10 weeks 55 percent of the employee’s average weekly wage
    Jan. 1, 2020 10 weeks 60 percent of the employee’s average weekly wage
    Jan. 1, 2021 12 weeks 67 percent of the employee’s average weekly wage

     

    An employee’s paid family leave benefits are also capped at the state average weekly wage. For example, effective Jan. 1, 2018, eligible employees may receive up to 50 percent of their average weekly wage during family leave, not to exceed 50 percent of the state average weekly wage. When an employee is eligible for paid family leave, there is no waiting period before he or she is eligible to receive paid family leave benefits.

    In addition, the New York Department of Financial Services (NYDFS) has discretion in delaying the increases to family leave benefits if there are concerns about the stability of the program or potential negative effects on the economy.

    According to a notice issued by the New York Department of Taxation and Finance (DOTF), paid family leave benefits are taxable non-wage income that employees must include in their gross income. Taxes will not automatically be withheld from paid family leave benefits, although employees can request voluntary tax withholding.

    Funding for Paid Family Leave

    The paid family leave benefit will be funded entirely through employee payroll deductions. No employer is required to contribute to or fund the paid family leave benefit.

    The NYDFS has set the 2018 employee contribution rate for paid family leave benefits.  The employee contribution rate for coverage beginning Jan. 1, 2018, is 0.126 percent of an employee’s weekly wage, not to exceed the statewide average weekly wage (currently, $1,305.92). This percentage will be updated by the NYDFS annually, on Sept. 1 of each year.

    The final regulations confirm that, although not required to do so, employers were able to begin collecting employee contributions on July 1, 2017 (for the 2018 benefit year). According to the DOTF, contributions should be deducted from employees’ wages on an after-tax basis. Employers should report employee contributions on IRS Form W-2, using Box 14.

    Employers have the option of self-insuring paid family leave, but only if the employer currently self-insures short-term disability benefits. Eligible employers that want to self-insure paid family leave must elect to do so by Sept. 30, 2017.

    Waiver of Paid Family Leave

    If an employee will not be eligible for paid family leave because he or she will not work 26 consecutive weeks (for employees who work 20 or more hours per week) or 175 days in a 52-week period (for employees who work fewer than 20 hours per week), the final regulations require the employer to inform the employee of his or her ability to file a waiver of family leave benefits.

    If an employee chooses to file a waiver, the employee is exempt from making paid family leave contributions during his or her employment. If employment circumstances change so that the employee would be eligible for paid family leave, the waiver will be automatically revoked. If an employee chooses not to file a waiver, he or she will be obligated to make paid family leave contributions during employment.

    Family Leave Use

    An employee may receive paid family leave benefits for any period of “family leave,” defined as:

    • Leave to participate in providing care, including physical or psychological care, to a family member with a serious health condition;
    • Leave to bond with the employee’s child during the first 12 months after the child’s birth, or after the placement of the child for adoption or foster care with the employee; or
    • Leave taken because of any qualifying exigency as interpreted under the federal Family and Medical Leave Act (FMLA) arising out of the fact that the spouse, domestic partner, child or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the U.S. Armed Forces.

    For purposes of family leave, “family member” is defined as a child, parent, grandparent, grandchild, spouse or domestic partner. The definition of a “serious health condition” is similar to the definition under the FMLA.

    If there are two employees of the same employer that are eligible for leave for the same family member, an employer may implement rules to limit employees from receiving paid family leave benefits at the same time. For example, an employer may restrict spouses (who both work for the employer) from taking family leave at the same time to care for their child.

    Intermittent Leave

    Paid family leave benefits may be received on an intermittent basis (less than a full workweek), in increments of one full day (that is, one-fifth of the weekly benefit). The final regulations implement specific employee notice requirements for use of intermittent leave, as described below.

    Employee Notice and Certification

    When the need for family leave is foreseeable (for example, for the birth or placement of a child or for planned medical treatment), an employee may be required to provide his or her employer with 30 days’ advance notice of the intention to take family leave. If the need for leave is not foreseeable, the employee must provide notice as soon as practicable.

    An employee who uses paid family leave on an intermittent basis is required to provide the employer with notice as soon as practicable before each day of intermittent leave.

    In addition, an employee must notify the employer of the specific qualifying event (type of family leave use) and the anticipated timing and duration of the leave. An employee may be required to provide medical certification completed by a health care provider to support the need for family leave. In all instances where certification is required, it is the employee’s responsibility to provide a complete and sufficient certification. A failure to do so may result in the denial of family leave.

    Interaction with Other Laws and Benefits

    An employee is not able to receive both full disability benefits and paid family leave benefits at the same time. However, an employee may be able to supplement partial disability benefits with paid family leave benefits, up to the family leave benefit maximum, when combined with the partial disability benefit. No employee is entitled to more than 26 weeks of combined disability and family leave benefits during a 52-consecutive calendar week period.

    In addition, any paid family leave benefit must run concurrently with an employee’s available entitlement under the federal FMLA, unless an employer chooses to permit otherwise. Employer policies should outline how paid family leave interacts with the FMLA, and employers must provide employees with proper notification when an employee’s paid family leave is designated as FMLA leave.

    An employee may choose to use accrued and available vacation, or other paid time off, to receive a full salary while on family leave (in lieu of the paid family leave benefit). If an employee chooses to use available paid leave, employers may seek a reimbursement from the carrier.

    When paid family leave runs concurrently with an employee’s FMLA leave entitlement, the final regulations provide that an employer may charge an employee’s accrued paid leave in accordance with the provisions of the FMLA.

    Employee Protections

    An employee who takes time off for a permitted paid family leave reason must be reinstated to his or her original position upon return to work, or reinstated to a comparable position with equal pay, benefits and other terms and conditions of employment.

    An employer must maintain an employee’s group health plan benefits for the duration of paid family leave as if the employee had continued to work. This includes the employee continuing to make his or her share of the premium contribution. Additionally, an employee may not lose any benefits accrued during employment prior to taking family leave. An employer may not retaliate against an employee who takes paid family leave.

    Employer Notice Requirements and Possible Penalties

    Employers will be required to conspicuously post a notice in the workplace to indicate their compliance with the paid family leave requirements. In addition, employers must provide employees who take eight or more consecutive days of family leave with a written notice of their rights under the paid family leave law.

    Employers that maintain an employee handbook must include a paid family leave policy that outlines employees’ rights and obligations, including how to file a claim for paid family leave. An employer that does not maintain a handbook must provide each employee a written notice regarding all of the employee’s rights and obligations under the paid family leave law, including information on how to file a claim for paid family leave.

    An employer that fails to comply with the requirements of the paid family leave law is guilty of a misdemeanor and may face penalties, including fines and imprisonment.

    Additional Information

    New York established a website—Paid Family Leave: How it Works—that provides additional information, including answers to frequently asked questions (FAQs), on the paid family leave law. There is also a website dedicated for employers – New York State Paid Family Leave: Employers.

     

  • Who Is Responsible To Protect Your Company Retirement Plan, You or Your Advisor?

    Who Is Responsible To Protect Your Company Retirement Plan, You or Your Advisor?

    The Department of Labor (DOL) fiduciary rule has been widely covered over the past couple of years, spurring a debate of whether or not investors and plan sponsors will be better served and protected from biased investment advice. A recent article on entrepreneur.com talks about who is responsible for the best interest of a company’s employees retirments plans, the company or their advisor?

    A fiduciary is someone who is acting in the best interest of their clients by making prudent and impartial recommendations. What many plan sponsors don’t realize is that they are considered fiduciaries to the plan, even though they rely on the expertise and advice of others, whether that is a financial advisor, service provider, ERISA attorney or third-party advisor.

    Responsibility From The DOL Rule

    The DOL fiduciary rule doesn’t change plan sponsor responsibilities, it affects financial advisors and their fiduciary standard of care. Despite your expectation, not all financial advisors are fiduciaries. If you are not sure whether your advisor acts as a fiduciary or not, you need to ask.

    At Lawley Retirement Advisors, we act as 3(21) co-fiduciary and have always consulted with clients on fees, investment selection, plan governance and plan design. The important word here is co-fiduciary. We partner with plan sponsors to better the plan and its participants.

    The importance of sharing the attached article is that it emphasizes the involvement of the plan sponsor. The author of the article writes: “When sponsors don’t pay adequate attention to the fees assessed by the administrators and the menu of investment options chosen by those administrators, the plan participants’ retirement savings can take a hit over the long-term.”

    We are very diligent about reviewing and benchmarking plan fees and service providers for our clients. We facilitate and monitor the process; that is a service we provide to our clients, but we always review the findings and recommendations with plan sponsors so they clearly understand why the decision was to remain where we are or make a change.

    I disagree with one piece of this article– that “small business owners can’t afford this luxury”. The size of the business is not a deterrent. They may lack expertise at first, but if they work with a financial advisor who is committed to educating them and filling in the gaps like we prefer to do at Lawley, their knowledge of plan governance will grow.

    Securities offered through Cadaret, Grant & Co., Inc. Member FINRA/SIPC. Advisory services offered through Lawley Retirement Advisors, LLC, an SEC Registered Investment Advisor. Lawley Retirement Advisors, LLC and Cadaret, Grant & Co., Inc. are separate entities.

  • What’s the Risk of Driving for Uber or Lyft?

    It’s no secret that many people in New York State are excited about the arrival of rideshare companies, like Uber and Lyft. Not only are they a convenient way to get where you want to go, but these companies create an influx of full-time or part-time job opportunities for those who want to become drivers.
    All of this is great news. However, there is a catch.

    When you become a driver for Uber or Lyft, your auto insurance starts to involve different types of risk, especially in New York State.
    Ridesharing is a new and evolving business that still has many grey areas in terms of insurance policies and beyond. If you have any questions regarding becoming a driver for a rideshare company pertaining to how the insurance coverage works, please contact us.

    To view Uber’s explanation of their insurance policy, click here. Lyft’s coverage is similar; however their physical damage deductible is $2,500.

     

    What's the Risk of Driving for a Rideshare Company in NYS Infographic
    Illustration of the risk associated with driving for Uber or Lyft and any rideshare company in NYS.

  • Lawley’s Rochester Office Featured in Rochester D&C’s Small Business Spotlight

    Lawley’s Rochester Office Featured in Rochester D&C’s Small Business Spotlight

    Lawley’s Rochester branch was recently featured as the Rochester Democrat & Chronicle’s Small Business Spotlight after being recognized as a Top Workplace in Rochester, NY.

    The full article can be read here, where Partner Phil Andolina discusses the company values, the professional development offered at Lawley through Lawley University and how Lawley has been able to grow in this region: “If you do right by people, they do right by you.”