GNYADA April 2016 Newsletter

8 Poor Workers' Comp MODs Can Trigger Audits

These evaluations entail:

NYC dealers need to be aware of enforcement guidelines regarding antidiscrimination protections for transgender individuals. New rules affect health coverage, dress codes, bathroom usage, and more. Dealership policies may need to be amended, based on the following provisions of the new law: Employer health plans must now cover transition-related care or gender-affirming care, and the required medical leaves that may accompany either. These are now considered non-elective medical treatments, which must be treated in the same manner as other med- ical conditions. n If the New York State Compensation Insurance Rating Board (CIRB) con- tacts your dealership regarding the Department of Labor’s (DOL) Industrial Code Rule (ICR) 59, it’s because your dealership has an annual payroll of over $800,000 and a work- ers' compensation experience modifi- cation rating (MOD) of more than 1.20. That MOD number is well above the normal safe rating, so receiving such a note requires dealers to take immediate action. Contacted dealerships have 30 days to arrange a consultation and evaluation by a Safety and Loss Consultant. You’ll have to notify the DOL of the name, address and certification num- ber of the Consultant you have hired, in writing, within 10 days of setting up the evaluation. A company cannot impose gender- specific appearance standards. Your dealership may still maintain n

charge goes up an additional 5% for each year not in compliance.

professionalism requirements, such as business-attire or business- casual; however, there can be no sub-rule that only men can wear pants or only women can have long hair. Failure to address transgender workers using their preferred name, title or pronoun is now dis- criminatory. Instruct your staff to abide by these preferences. Any employee who does not demon- strate mindfulness or respect along these lines can and should be disci- plined just as they would in any other instance of coworker harassment. Employees must have access to the restroom or changing room of their presently identified gender. Review of safety procedures for employees Assessments of the employer’s compliance with ICR59 requirements Any hazard surveys the dealership must have done A list of certified consultants can be found on the DOL web site at: www.labor.ny.gov/WSLPIP.html . The evaluation must be completed, and the consultant’s written report delivered, within 75 days of receiving the notice. Employers must then send copies of the evaluation to both their insurance carrier and the DOL. The penalty for noncompliance is a 5% surcharge on your workers’ compensation premium. The sur- n n n

This national civil rights issue has rapidly gained traction in recent years. In January, a federal appeals court in Atlanta allowed a transgen- dered technician’s wrongful termina- tion claim to proceed to a trial. The tech's case started building several years ago when she first transitioned, and specifically references some of the issues listed above in proving a discrimination pattern. NYC’s new guidance allows victims to file a complaint with the Commission’s Law Enforcement Bureau within one year of a violation. They can also file a complaint in the New York Supreme Court within three years. In addition to any dam- ages that may be owed to the victim of the discrimination, employers could also be fined up to $250,000 for a violation. It’s in every employer’s best interest to maintain a safe working environ- ment for their employees, to minimize the number and severity of injuries. Proactive safety measures also con- tribute to reducing MOD ratings, which in turn, lowers Workers’ Comp premiums. GNYADA offers a very competitive Workers’ Compensation Program for GNYADA member dealerships. To arrange a complimentary review of your existing program or to discuss your dealership's MOD rating, please contact Michael W. Conway, Executive Director of the GNYADA Insurance Brokerage, at 718.746.8100 or mconway@gnyada.com .

9 NYC Adopts New Transgender Protections

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Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • April 2016 5

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