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Employment Practices Liability Insurance For Spas

Traditional liability insurance does not offer protection against discrimination and harassment suits. Separate coverage known as Employment Practices Liability Insurance (EPLI) will provide the protection you need for both the cost to defend these claims as well as to pay potential judgments or settlements.

You need EPLI coverage and this is why::

A spa staff member reports to a supervisor that while on a day off, she was taken advantage of by another staff member. She does not want to involve the police but says that she does not feel safe around the perpetrator. After an investigation, you are not sure what happened, but decide to terminate the alleged perpetrator. He threatens to sue for wrongful termination. The victim says if you don’t fire him, she will make a claim for sexual harassment/hostile workplace.A long-term senior spa staff member is no longer functioning at an acceptable level and you inform her that she is being relieved of her duties. One week later, you receive a letter from her lawyer claiming age and sex discrimination, as well as breach of contract.An experienced massage therapist is hired by a resort. After a few months, she fails to receive the benefits she believes were promised to her. After a few more months, she was terminated for recurring tardiness and several unpleasant interactions with clients. She claimed she was wrongfully terminated and the resort had breached an implied contract and sought to recover benefits, punitive damages, and fees.

The average settlement for a discrimination claim is forty thousand dollars, with ten percent of claims resulting in awards of $1 million or more. Even if you are ultimately exonerated, legal fees to defend such cases average $125,000. Sexual harassment settlements averaged $20,000 in 2014 and are steadily on the rise, as are the number of claims filed. Anti-discrimination/harassment laws almost always provide that in the event of a successful claim, the employer is also responsible for the employee’s legal fees.

Ask AMSkier to help you make sure you have the coverage you need. Contact Gretchen Ruddy (GretchenR@amskier.com) for more information.

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Close The Window of Opportunity

Close The Window Of Opportunity: How to Deter Employee Theft

Most theft in retail comes from internal sources. Almost half of all reported fraud is internal. The second most frequent form of reported fraud is shoplifting or external theft, and administrative error accounts for the smallest amount of loss to retail organizations.

You can put precautions in place that will allow your employees to know that you are paying attention. Closing the window of opportunity means taking a realistic look at what is going on within your organization. Knowing your employees is one of the most important things that you can do. Notice if they are doing a diligent job and acknowledge them. It is very important that employees have a sense that what they are doing is worthwhile that they feel invested in your company and your success. This will stop most people with a propensity to steal from continuing or never even starting.

Most people will steal the element of time from you first, elongating breaks, coming in late, leaving early. Once they see no one is giving them any consequences, the opportunity is there to move onto your products, your supplies or other valuable company assets.

In my experience, I have seen three types of employees in regards to theft. People who are completely honest and would never steal from you are a small part of the population. Another small minority of people are out to take a job specifically to steal time, money, merchandise and any other asset your company may have to offer. The largest part of the population would normally not steal. However, if morale is bad, recognition for their work non-existent, and the windows of opportunity are wide open, they will steal from you and are stealing from you.

Depending on your type of business, answering these questions may help you to assess whether or not your business is at risk for employee theft:

Who carries keys and has access to your building?Is the list of key carriers up to date? Have locks been changed and/or keys collected after last management change?Who takes out the garbage and when?Who is signing for your bank deposits? Are two people verifying cash and checks?Are two people going to the bank together to eliminate the opportunity to steal money? Do you vary routines and personnel?How is your inventory handled by your supervisors?Do employees carry large bags that seem unnecessary?Do employees have the opportunity to wear products or place products in an area for later pick up?Do you have a manager that is responsible for ensuring policies and procedures are put in place and followed?Who is checking up on the manager?

There are a few ways to help control employee theft. Many retailers recommend having a hotline to report suspected employee or internal theft. Retailers can also encourage employees to report suspicious behavior to managers and supervisors. Bringing in upper-level supervisors on an occasional basis to review policies and procedures will help your company be able to maintain assets. If you have a board of directors or a financial review committee, they should ensure that deposits are being made and accounted for to the financial statements, as well as conducting a fiscal review of assets.

Many small businesses want to trust employees and do not have these policies in place. By implementing of policies and procedures, these things become a matter of policy rather than trust—and everyone benefits.

Michele Baehr is a 30-year veteran retail multi-store manager with training on interview and interrogation techniques for internal theft.

For questions on this subject, please contact Johanna Bush at JohannaB@amskier.com.

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Spring Home Maintenance Tips

Spring Home Maintenance Tips

The milder days of spring are a perfect time to do a thorough spring cleaning and perform home maintenance. After a long winter, it is a good idea to spend time on preventive measures to help maintain your home and property throughout the year. Tasks such as cleaning out your gutters, checking for dead trees and branches and cleaning and inspecting home mechanical systems, such as heating and air conditioning equipment, can make spring a season of safety.

Cleaning and maintenance of your home should be done inside and out. Although the tasks are different, ensuring all the elements of your home are in good working order can help keep your family safe and your maintenance expenses lower over the long run.
Inside Your Home
Here are a few things inside your home that should be inspected to ensure they are in good condition:

  • Electrical Outlets and Cords: Check electrical outlets and cords throughout your home for any potential fire hazards such as frayed wires or loose-fitting plugs. Outlets, fuse boxes and extension cords also should be checked to make sure they are not overloaded.
  • Fire Extinguishers: Check your fire extinguisher at least once yearly, including the hose, nozzle and other parts, to make sure they are in good condition and that the pressure gauge is in the “green” range. If necessary, move your fire extinguisher to an accessible place.
  • Air Conditioning: Before turning it on for the season, have your air-conditioning system inspected and tuned up by a professional.
  • Water Heater: Check for leaks and corrosion.
  • Furnace: Clean or replace your furnace filter.
  • Dryers: Dryer lint can build up inside the vent pipe and collect around the duct. Clean both the clothes dryer exhaust duct and the space under the dryer. Use a specialized brush to clean out the vent pipe. Lint can also build up inside the dryer enclosure and should be cleaned and serviced by a professional.
  • Smoke Detectors: Daylight savings time is the perfect time to change the batteries in your smoke detectors. Inspect each smoke detector to ensure all are in working order, and make sure to test them monthly. Ideally, there should be at least one smoke detector on each floor of your home, including the hallway or area outside of each set of bedrooms, and one within each bedroom itself. If necessary, install additional smoke detectors as needed.
  • Light Bulbs: Check each light bulb in every fixture for the correct recommended wattage and replace any burned out bulbs. Also, consider replacing all high-intensity bulbs with fluorescent or LED bulbs to reduce energy and the amount of heat produced.

Outside Your Home
The cold winter months can do damage to your house as well. Here are a few things outside your home that should be inspected to ensure they are in good condition:

  • Roof: Check for any damage from snow or ice, including damage from ice dams, and make any necessary repairs to reduce the possibility of leaks.
  • Gutters: Clean leaves and other debris from gutters and downspouts to keep water flowing and reduce the possibility of water damage.
  • Trees: Visually inspect trees for damage or rot, and remove (either yourself or through a contractor) any dead trees that might blow over in heavy winds or during a storm. Keep healthy trees and bushes trimmed and away from utility wires.
  • Lawn Equipment: Make sure lawn mowers, tractors and other equipment are tuned up before using. Store oil and gas for lawn equipment and tools in a vented, locked area.
  • Walkways and Driveways: Repair any cracks and broken or uneven surfaces to provide a safe, level walking area.

A little home maintenance in the spring can go a long way to keeping your home safe and secure throughout the rest of the year.

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Keep All Eyes, Ears And Paws On The Road

Winter may be most known for its treacherous driving conditions, but spring also can be a difficult season for driving. From wind and rain to wildlife emerging from hibernation, spring driving can be challenging in its own right.

It is possible to enjoy the ride, however. By being aware of possible obstacles, increased traffic and tricky weather changes, you can take care when driving to ensure you and your passengers arrive safely and securely.

While you are driving, keep an eye out for pedestrians, especially on warm days. Residential, shopping and recreational areas will have more pedestrians, so it is especially important to be aware of those who are walking.

Two-wheeled vehicles also increase in popularity in the spring, so keep an eye out for motorcycles and bicycles and share the road. Bicyclists have the same rights as other vehicles on most roads. In particular, watch out for motorcycles and bicycles at intersections and in your blind spots when you are turning, passing or merging.

Spring is often the time when road work begins or resumes, so expect construction. Pothole repairs, highway maintenance and other road repairs may slow your drive and, quite possibly, tax your patience. Stay calm, slow down and be aware of the conditions around you. Be especially careful driving through work zones. Increase your following distance and avoid distractions.

If the weather should turn ugly, which has been known to happen in spring, know when you need to pull off the road and seek shelter. If you get caught in severe weather that makes driving hazardous, find a safe place to park until weather conditions improve.

Likewise, if the weather turns cold and the temperature dips below freezing, icy conditions may make roads slick and driving hazardous. If you do encounter icy roads, reduce your speed and increase your following distance.

If you are taking a vehicle or trailer out of winter storage, have your mechanic perform regular maintenance, including checking the fluid levels, tire condition, lights, suspension and brakes. Doing so now could help reduce the risk of a breakdown or an accident.

Deer, bears and other wild animals become more populous in the spring, as the warmer weather brings animals out of hibernation. Be alert for wildlife in the road, and slow down so you can stop safely if animals are on or near the roadway.

If your spring plans include a road trip, plan your driving route to avoid having to drive late at night. If you are traveling with another licensed driver, take turns behind the wheel to avoid road fatigue and get to your destination safely.

Spring is a season of renewal, and it also can be a season of fun driving. Stay alert and be prepared to avoid the challenges of spring driving and make the most of the season.


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