Lowering Premiums is Our Business

M-F 8:00 AM - 5:00 PM

28605 Ranney Pkwy Westlake, OH 44145

Blog

2023 Q3 Legal Update

Clarity on PWFA
In August, the EEOC finally released the proposed regulations for the Pregnant Workers’ Fairness Act (PWFA). Until this point, it wasn’t entirely clear what expectations were for employers. It was signed into law in December 2022, and became effective June 27, 2023 – even though the proposed regulations hadn’t been issued. Now that regulations (and examples) have been published and opened for comment (which remains open until October 11), things are much clearer. This doesn’t replace any current protections already in place for pregnant or post-partum mothers, so the PUMP and the Pregnancy Discrimination Acts are still in full force. PWFA closes some loopholes that ADA left open and essentially treats pregnancy itself like a disability, offering similar protections to ADA. This means employers with 15 or more employees will be expected to make reasonable accommodations to known limitations associated with pregnancy, childbirth, or related medical conditions. 
These regulations won’t require employers to seek supporting documentation as they would in an FMLA or disability claim – but employers may require documentation “only if reasonable under the circumstances.” Luckily, EEOC provides some examples of when it’s not reasonable to ask for supporting documentation – like carrying and drinking water as needed, additional restroom breaks (and breaks in general), sitting/standing modifications, or an obvious limitation that can easily be accommodated. It's unlikely that most employers will read the proposed regulations in their entirety, so here are some high notes on PWFA that employers should pay attention to. 

  • Employees aren’t required to use any specific language or form when asking for accommodation. The proposal suggests training management to recognize when a person covered by PWFA is requesting an accommodation. 
  • Employers should not delay responding to accommodation requests, and any delay could be seen as a failure to accommodate. The EEOC noted that this can be true even if the accommodation was eventually provided. 
  •  Unlike ADA – workers can seek accommodations for a modest, minor, or episodic issue.
  • The employer can’t require employees to take paid or unpaid leave if a reasonable accommodation is available, unless the accommodation would present an undue hardship. 
  • Something that has the potential to get messy: covered medical conditions include “having (or choosing not to have) an abortion.” This is already drawing heavy criticism from a number of religious groups. EEOC says they plan to consider how these regs impact religious employers on a case-by-case basis, and urged employers in that industry respond to the call for public comments. 

Whether or not a requested accommodation is “reasonable,” and what creates an “undue hardship” for the employer can be subjective. If the request eliminates two or more essential job functions, you may want to pause and discuss with your team before taking any next steps. If it’s upper management that has questions, it may be best to discuss with legal counsel. 
Public comments are open through Oct. 11. The EEOC has until December 29 to consider those comments and issue final regulations. Stay tuned on our blog, newsletter, and LinkedIn pages – we’ll provide updates as they happen. 

Overtime Exemption Changes
In late August, DOL issued a notice of proposed rulemaking to make substantial changes to FLSA’s salary threshold for white-collar exemptions on overtime pay. 
The anchor of the proposed rule is a hike in the minimum salary level. Currently set at $35,568 per year, DOL plans to boost that number to $55,068. The rule would not only raise the minimum salary level, but would also increase the “highly compensated employee” benchmark. Right now, that sits at $107,432 per year. Under this legislation, it would leap to $143,988
The intention is to provide greater financial stability for over three million American workers that would be impacted by the change. The proposal also plays the long game in keeping up economic changes, as DOL plans on updating the standard salary benchmarks every three years. This would have far-reaching impacts on U.S. employers, but it’s expected that DOL will receive strong feedback from employers on this proposed rule. The public comment period is open now through November 7, 2023. You can read the proposed verbiage and submit comments here. 

Discrimination Law Update
Historically, anti-discrimination laws were intended to extend protections to employees or candidates who were, for example, terminated, demoted or suspended as a result of management bias. On August 18th, however, the court issued a decision that federal anti-discrimination laws impact decisions beyond what were previously labeled “ultimate employment actions.” This ruling could substantially increase the number of scenarios that anti-discrimination laws can be applied to. 


Title VII of the Civil Rights Act states that employers are prohibited from discriminating against individuals based on race, religion, origin/nationality, and gender (among other things) when it comes to pay, working conditions, privileges, advancement, and terms of employment. Until now, an employee or candidate could only take legal action if the discriminatory practices resulted in an ultimate employment decision. The verdict now enables claims based on any decision that influences employment terms, conditions, or privileges.


NLRB Issues Opinion Shifting Burden Back to Employers
If the above updates weren’t enough to make your head spin, the National Labor Relations Board (NLRB) recently issued an opinion that could call for yet another handbook update. The result is a new standard that shifts the burden back onto the employer to prove that certain workplace rules serve a legitimate business purpose and wouldn’t “chill” an employee from exercising their Section 7 rights. This reverses the 2017 Boeing decision that overturned yet another ruling from 2004. Section 7 of NLRA has long been viewed as relating specifically to unionization efforts or unionized employers, but this change would impact virtually all U.S. employers. 


Section 7 of the National Labor Relations Act (NLRA) reads as follows: 
 Sec. 7. [§ 157.] Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) [section 158(a)(3) of this title].


The recent ruling for Stericycle, Inc. could require employers to rethink certain policies regarding “gossip” and “working harmoniously,” among other similar social and behavioral expectations. If General Counsel is able to prove that a rule or policy would “reasonably chill” an employee from exercising their NLRA rights, the rule would be deemed presumptively unlawful. 


NLRB states that its interpretation of an employer policy would be from the perspective of an employee subject to these rules, and considering participation in one or more of the protected activities. We would urge all employers to review their handbooks and policies with a fine-tooth comb to ensure that their organization isn’t attempting to enforce rules that restrict what employees can discuss with one another, or bring to management’s attention.  If you need help updating your employee handbook (or putting one in place), please reach out to our team or consult your attorney. 

Most Recent

Spooner Celebrates 50 Years!

Posted By Brandy King
July 21, 2025 Category: General

Earlier this month before we left for a long holiday weekend, we gathered all of our employees at Spooner’s Westlake headquarters to celebrate an amazing 50 years in business! We celebrated with sunshine, great food, a few cold beverages, and live music. If you’ve been a client for a while, you may have heard the story of how our founder, Tom Spooner, started our family of companies in 1975. For those that haven’t, we like it so much that it takes up most of our “About Us” section, so you can read it there. The abridged version is: we started with grit and determination, and found ways to disrupt the industry in the interest of Ohio employers. Tom Spooner felt then, as our leadership team feels today, that Ohio business big and small need a true partner when it comes to risk management. We’re beyond proud to be that partner to thousands of businesses. While we’ve been lucky enough to experience tremendous growth over the last five decades, we’ve been cautious about keeping that growth organic and maintaining the values and integrity that got us here. We love what we do, and that passion is a big part of what’s kept our client retention rate hovering over 98% for countless consecutive years. We’d like to thank our incredible staff and leadership, and our trusting clients for helping us achieve this milestone. Here’s to the next

OSHA Issues a Flurry of Proposed Rules

Posted By Brandy King
July 21, 2025 Category: General

The Occupational Safety and Health Administration (OSHA) recently proposed some sweeping changes to longstanding regulations. OSHA published a whopping 25 proposed rules and one final rule on July 1, 2025. The proposed rules encompass several different topics related to worker health and safety. Some of the proposals will impact very narrow groups of employers and industries, and a few may have a substantial impact on a large number of U.S. employers. OSHA’s commentary on these changes indicates a goal of removing unnecessary regulatory burdens on employers, while also streamlining OSHA’s regulatory process. The only final rule put into place (and effective immediately) eliminates the need for OSHA’s administrator to seek opinions of the Advisory Committee on Construction Safety and Health before publishing, changing, or revoking standards that apply to construction work. Below are a few high notes from some of the more broadly applicable proposed regulations. Remember that OSHA’s rulemaking process requires them to publish these proposed changes and allow time for public commentary and feedback. The links above and below lead to the Federal Register site, where the full details of the suggested changes can be accessed along with the feedback submission form. Highlights of Notable Proposed Rules Application of the General Duty Clause: This could be the change that causes the most stir and elicits the most feedback. While the General

Ohio BWC Safety Grants Available

Posted By Brandy King
July 21, 2025 Category: General

Ohio BWC has opened the application period the Safety Intervention Grant (SIG) Program, which matches eligible state-fund employers $3 to $1 on investments to create a safer workplace. Most employers who have had an Ohio BWC policy for at least one year, are paying above minimum premium ($120+), current on installments and true ups with no lapses this year should be able to take advantage. Self-insuring employers, employers in a self-insured PEO, state agencies and state universities are not eligible. Every three years, eligible employers can apply for up to $40,000 in matching funds to purchase “equipment to substantially reduce or eliminate injuries and illnesses associated with a particular task or operation.” The first thing to note is that if your organization wants to benefit from the Safety Intervention Grants, you must complete this process before purchasing equipment. Be prepared with info on workers’ comp claims or incidents associated with the particular area or task, number of employees performing the task, and explore vendors to get price quotes on equipment. As always, there are items and services that grant funds can’t be used for - like standard PPE, training, equipment needed to meet minimum OSHA requirements, etc. A detailed moratorium can be found here.  Of course, there are usually a few strings attached when money is given away. There are reporting requirements once the grant is approved. To avoid getting too

Categories
General (88)
Ohio Bwc (37)
Ohio BWC (26)
Safety (25)
OSHA (22)
Group Retro (20)
Workers Compensation (19)
(16)
Osha (12)
Compliance (12)
Group Rating (11)
Payroll (10)
Workers Comp (9)
FMLA (9)
HR (9)
True Up (8)
PEO (8)
2018 Group Retro (7)
ACES (7)
Workers\' Comp (6)
Safety Training (6)
COVID 19 (6)
Ohio Workers Comp (6)
Workplace Safety (6)
osha (5)
DOL (5)
2019 Group Retro (5)
Tpa (5)
ohiobwc (5)
Claims Management (4)
Human Resources (4)
ohio bwc (4)
EMR (4)
Informal Conference (4)
MEP (4)
Dfsp (4)
Reserves (4)
OSHA Compliance (3)
TTD (3)
Hearing Conservation (3)
Ohio (3)
Employee Benefits (3)
401k (3)
FLSA (3)
Unemployment (3)
Recordkeeping (3)
OSHA ETS (3)
FFCRA (3)
Professional Employer Organization (3)
Outsourcing (3)
workers comp (3)
Injury Reporting (3)
OSHA 300A (3)
Osha Inspections (3)
safety (3)
Benefits (3)
SI PEO (3)
Retirement Plans (3)
Premium Savings (3)
CPR (2)
Federal Contractors (2)
First Aid (2)
Mco (2)
AED (2)
Vaccine Mandate (2)
group retro (2)
Employee Retention (2)
Group Retro Assessment (2)
True Up Reporting (2)
Mco Open Enrollment (2)
Workers\' Compensation (2)
payroll (2)
drugtesting (2)
Transitional Work (2)
OHio BWC (2)
Open Enrollment (2)
Drug Free Safety Program (2)
Retro Refunds (2)
OSHA ITA (2)
White Collar Exemption (2)
401(k) (2)
Respiratory Protection (2)
Paychex Fees (2)
ADP Fees (2)
Payroll Processing Fees (2)
Surety HR (2)
safetyintervention (2)
Additional Fees (2)
Overcharging (2)
Occupational Health (2)
Secure 2.0 (2)
Independent Contractors (2)
2020 Group Retro (2)
Retirement (2)
NEP (2)
Employment Law (2)
PWFA (2)
Bwc Update (2)
Ohio Safety Congress (2)
Workers\\\' Comp (2)
Wage And Hour (2)
HR Outsourcing (2)
One Claim Program (2)
Missing Refunds (2)
Reportable (2)
Recordable (2)
OSHA Injury Reporting (2)
Osha Compliance (2)
Remote Work (2)
Legal Update (2)
1099 (2)
BWC Premiums (2)
Reporting (2)
Ohio Business (2)
ARPA (2)
OSHA Inspections (2)
MIRA (2)
Program Placement (2)
Employee Leave (2)
Managed Care Organization (2)
Group Retro Refunds Withheld (2)
MCO (2)
Heat Illness (2)
Occupational Safety (2)
Ohio Employment Law (2)
Construction (2)
OhioBWC (2)
Consulting (2)
Salary Continuation (2)
EFMLA (2)
Dividends (2)
Safety Council Program (2)
Finance (2)
Ohio BWC Dividends (2)
losing RFPs (1)
distro (1)
alternative to ohio bwc (1)
ohio premium savings (1)
amazondsp (1)
human resources (1)
Reimbursement Fund (1)
professional employer organization (1)
warehpuse (1)
courierservice (1)
heatstress (1)
inspections (1)
heatstroke (1)
heatillness (1)
mandate (1)
Top Managed Care (1)
Best Ohio Mco (1)
Ohio Mco (1)
Ohio Tpa (1)
Safety Consulting (1)
safetycouncil (1)
workplacesafety (1)
cdl (1)
salivatesting (1)
Citations (1)
Loto (1)
safety council (1)
2024 py (1)
oralfluidtesting (1)
oshaNEP (1)
departmentoftransportation (1)
commercialdriver (1)
dot (1)
15k Program (1)
Group Retro Lawsuit (1)
bwc premiums (1)
true up (1)
safetytraining (1)
workerscomp (1)
forkliftoperator (1)
rebateprograms (1)
BWC reporting (1)
Mcoopenenrollment (1)
group rating (1)
Slips Trips Falls (1)
Hr Update (1)
Plans (1)
PUMP Act (1)
Non Compete Ban OSHA Penalty (1)
American Rescue Plan ACT (1)
Ohio Minimum Wage (1)
Ohio Workers\' Comp (1)
Soft Tissue Injury (1)
Walking Working Surfaces (1)
Workplace Injury (1)
Handicap Reimbursement (1)
missingrefunds (1)
STEMcamps (1)
ohioSTEMlearning (1)
ohiozoo (1)
daytonmuseums (1)
ohioplanetarium (1)
sciencemuseum (1)
non profit (1)
childrensmuseum (1)
ITAreporting (1)
hearingconservation (1)
2018GroupRetro (1)
2 Hour Training (1)
workers compensation (1)
Voluntary Abandonment (1)
2023 base rates (1)
2023mcoopenenrollment (1)
Mcoreportcard (1)
DFSP (1)
Important Deadlines (1)
Ohiobwc (1)
Ohio Bwc Workers Comp Ncci Manual Codes Base Rates (1)
Public Relations (1)
Catastrophic Claim (1)
Industrial Commission (1)
Disability Management (1)
Spooner Safety Series (1)
Overtime Rule (1)
Severance (1)
Training (1)
Combustible Dust Nep (1)
Fairfax Memo (1)
Health And Safety (1)
MCO Open Enrollment (1)
Spooner Medical Administrators (1)
Bwc Rate Reduction (1)
2023 Bwc Rates (1)
Claims Costs (1)
parcelservice (1)
Retirementplans (1)
drugfreeprograms (1)
Ohio TPA (1)
safetyinvestment (1)
finance (1)
safetygrants (1)
compliance (1)
trueup (1)
loper bright (1)
case law (1)
regulatory update (1)
heat illness (1)
heat standard (1)
TPA (1)
Docusign (1)
Green Year (1)
2 Hour Requirement (1)
Bwc Payroll (1)
Ohio Workers Comp Savings (1)
Safety Council Enrollment (1)
Grow Ohio (1)
Charity (1)
501c3 (1)
PEO For Nonprofit (1)
Manual Codes (1)
Group Health (1)
Renewal (1)
Hazcom (1)
Avetta (1)
Disability (1)
Claim Impact Reduction (1)
Cirp (1)
Self Insured Assessment (1)
20018 Group Retro (1)
Non Solicitation Agreement (1)
Non Compete (1)
ACA (1)
FSA (1)
HSA (1)
Contribution Limits (1)
Autozone (1)
Substance Abuse Recovery (1)
Ghs (1)
Sur Program (1)
Drug Screens (1)
Drug Testing (1)
Overtime Rule (1)
Ppe (1)
Fall Protection (1)
Violations (1)
Most Cited (1)
Top Ten (1)
Safety Update (1)
DOT (1)
ISNetworld (1)
Ohio PEO (1)
employmentpolicy (1)
Roth (1)
News (1)
DEI (1)
Harassment (1)
EEO 1 Reporting (1)
EEOC (1)
Regulatory Agencies (1)
NLRA (1)
NLRB (1)
Fiduciary Definition (1)
529 (1)
Retirement Contributions (1)
Electronic Recordkeeping (1)
NLRBsection7 (1)
overtimeexemptions (1)
workplacediscrimination (1)
legalupdate (1)
ohioissue2 (1)
marijuanalegalization (1)
ohiomarijuanalaws (1)
employeebenefits (1)
heatillnessstandard (1)
reasonablesuspicion (1)
employeetraining (1)
Ohio Bwc EM Cap (1)
Form 301 (1)
Disability Comepnsation (1)
Osha Investigation (1)
Temporary Total (1)
MMI (1)
Ohio Supreme Court (1)
Funding (1)
Substance Use Recovery (1)
OH ID (1)
BWC Login (1)
Ohio Bwc Drug Free Workplace DFSP Drug Free Safety Drug Testing Training (1)
Applicants (1)
Salary Inquiry (1)
Columbus Salary History Ban (1)
Osha Inspection (1)
Form 300 (1)
Osha Citation (1)
EPA Contact Hours Provider (1)
Ohio EPA Contact Hours (1)
EPA (1)
Injury Prevention (1)
Ohio Ergonomic Consultant (1)
Ergonomics Assessment (1)
BWC Rate Reduction 2024 (1)
OHID Login (1)
BWC Update (1)
Incident Reporting (1)
regionalemphasisprograms (1)
Small Employer (1)
2022oshareview (1)
BWC Net Position (1)
Abatement (1)
Violence In The Workplace (1)
OSHA Citations (1)
Absence Management (1)
Medical Leave (1)
ADA (1)
ASO (1)
Administrative (1)
Billion Back (1)
BWC Overfunding (1)
Protecting Teleworkers (1)
HCS (1)
Ergonomics (1)
Home Office Safety (1)
Remote Worker Safety (1)
Secretary Of Labor (1)
Teleworking (1)
Working From Home (1)
WFH (1)
Workerscomp (1)
Life Saving Skills (1)
Ice Injury (1)
OSHA Settlement Negotiations (1)
HAZCOM (1)
Hypothermia (1)
HR Continuing Education (1)
FMLA Fines (1)
FMLA Lawsuit (1)
DOL Audits (1)
Safety Services (1)
Investigations (1)
Osha 300a (1)
Site Specific Targeting (1)
Osha Abatement (1)
Osha Sst (1)
Training Credits (1)
HR CE (1)
OSHA Updates (1)
BWC Training (1)
Spooner Safety Seminars (1)
HR Consulting (1)
Administrative Support (1)
Self Insuring (1)
SuretyHR (1)
Agriculture (1)
Manufacturing (1)
Ohio Bwc Base Rate Increase (1)
OHio BWC Base Rate Reduction (1)
Ohio Workers Comp Rates (1)
Slips Falls (1)
Frostbite (1)
Department Of Labor (1)
Experience Period (1)
Surprise Inspection (1)
Indiana (1)
OSHA Region 5 (1)
True Up Deadline (1)
Bwc Compliance (1)
Payroll Reporting (1)
Opening Conference (1)
LO/TO (1)
COVID 19 Workers Comp Claims (1)
Coronavirus (1)
OSHA 300 (1)
Audiogram (1)
Pros And Cons Of PEOs (1)
Refunds (1)
Group Retro Assessments (1)
Claim Reserves (1)
Bwc Safety Council (1)
Managed Care Organizations (1)
Medical Costs (1)
Financial Security (1)
Retention Tools (1)
PAR (1)
Michigan (1)
Regional Enforcement Program (1)
Recordables (1)
Dewine (1)
Cold Safety (1)
Cold (1)
Winter Weather (1)
Winter Safety (1)
Spoonerinc (1)
Rebate (1)
300A (1)
First Responder Training (1)
Medical Treatment (1)
Ohio Mask Mandate (1)
Employer Requirements (1)
PPE (1)
Insurance Premiums (1)
MIRA II (1)
Underwriting (1)
Ohio Workers Compensation (1)
International Travel (1)
Investment (1)
Emergency Temporary Standard (1)
Retirement Savings (1)
Retirement Plan (1)
Healthcare Industry (1)
Group Retrospective Rating (1)
DOL Fines (1)
HR Issues (1)
regulations (1)
Costumes At Work (1)
MA (1)
Acquisitions (1)
Mergers (1)
Christmas Parties (1)
Lawsuits (1)
Holiday Parties (1)
Legal (1)
Employee Benefits Checklist (1)
Group Retro Refunds (1)
Ohio Workers Comp (1)
Food Safety (1)
Transfer Of Experience (1)
Halloween Party (1)
Accident Reporting (1)
Gap Analysis (1)
Safety Software (1)
Fire Prevention (1)
National Fire Safety (1)
Commercial Banking (1)
Interest Rates (1)
Loan Forgiveness (1)
Ppp Loan (1)
Polcy Combination (1)
Cash Payment (1)
Acquisition Capital (1)
Premium Increase (1)
ergonomics (1)
EPSL (1)
grantmoney (1)
safetygrant (1)
COBRA (1)
Mid Sized Employer (1)
2023 programs (1)
premium savings (1)
BWC Dividends (1)
Surplus Fund (1)
1910.134 (1)
Paying Cash For Treatment (1)
PFT (1)
Written OSHA Programs (1)
Respirator Fit Testing (1)
BWC Administrative Fees (1)
CFO Services (1)
Finanancial Services (1)
Mod (1)
Safety Score (1)
Deductibles (1)
DART (1)
15K (1)
Line Of Credit (1)
Business Banking (1)
Family Medical Leave Act (1)
Noise Monitoring (1)
Safety Council (1)
Termination Guidance (1)
Negligent Hiring (1)
Inspections (1)
Heat Stroke (1)
Mandate (1)
OSHA REP (1)
OSHA PEL (1)
Decibel Level (1)
Hearing Protection (1)
Audiograms (1)
Regional Emphasis Program (1)
Audio (1)
Fraudulent Claims (1)
ACA Reporting (1)
Work From Home (1)
RRI (1)
UPA (1)
HAL (1)
Hospitals (1)
Nursing Homes (1)
Patient Care (1)
Focused Inspection Initiative (1)
Savings Programs (1)
Osha Region 5 (1)
Claim Costs (1)
Irs (1)
WPAFB (1)
Ascentis (1)
Novatime Discontinued (1)
Timekeeping (1)
DepartmentofLaborAudit (1)
HR Compliance (1)
Employee Handbooks (1)
Group Rating Renewal (1)
Spooner Group Rating (1)
Mileage Rate (1)
Applicant Tracking Software (1)
Audiometric Testing (1)
Ai (1)
Ada (1)
Deadlines (1)
Eeoc (1)
Ohio BWC Loses Billions (1)
2018 Group Retr0 (1)
Self Insured PEO (1)
Employment Lawsuits (1)
BWC Saving Programs (1)
Occupational Noise (1)
Baseline Audiogram (1)
2025 Open Enrollment (1)
+ Show More

Login
© Spooner Inc.
Powered by Virteom Virteom Logo