Posted By Brandy King
December 16, 2024
Category: Non Compete, Employment Law, Non Solicitation Agreement, Ohio
FTC’s Non-Compete Ban Blocked, But Gray Area Remains
In early 2023, the Federal Trade Commission (FTC) introduced and finalized a rule banning the use of non-competes. Employers, Chambers of Commerce and trade organizations rallied against the new rule claiming it was anti-employer, some going as far as calling it “blatantly awful.” As expected, the change was met with litigation and in August of 2024, the ban was struck down by a federal judge in Texas who claimed the FTC overstepped its authority by issuing the rule.
A non-compete (or non-competition agreement) is an agreement in which the employee agrees not to engage in conduct or activities that could increase competition for their employer. These types of arrangements are prevalent in finance, healthcare, design, tech and all types of sales or business development roles. They’re meant to protect things like trade secrets, privileged info and client retention. Non-competes aren’t the same as non-solicitation clauses. These agreements err more toward not calling on your former clients in your new role. Here’s an example of differentiating between the two.
Non-Compete: “Upon leaving ABC Company, you may not engage in a similar role for another insurance company within a 50-mile radius.”
Non-Solicitation: “Upon leaving ABC Company, you may not solicit (contact/call on) clients of ABC Company in your new role with another insurance company.”
For now, bo
Posted By Brandy King
December 16, 2024
Category: Contribution Limits, Employee Benefits, Retirement Plans, HSA, FSA, ACA
ACA Updates & Reminders
It’s almost time for ACA reporting! There aren’t any major changes this year, but here are some items to be aware of for the 2024 tax year.
The employee distribution deadline for the 1095-C forms is March 3, 2025. Since the 2023 tax year, the IRS requires all employers with more than ten (10) forms to report electronically. Employers can complete this either directly through the IRS website or through a third-party provider. Corrected forms are also required to be submitted electronically.
If you’re submitting 10 or fewer forms, you can still file on paper. The deadline for this is February 28, 2025.
The deadline for e-filing 1095-C and 1094-C forms to the IRS is March 31, 2025. Keep in mind that there could be additional ACA state reporting requirements for your organization with differing deadlines. The states to pay special attention to are California, New Jersey, Massachusetts, Rhode Island, and the District of Columbia.
Updated penalties and affordability percentages. The ACA penalizes Applicable Large Employers (ALEs) that don’t offer what’s considered affordable coverage to full-time employees (FTEs). The affordability percentage is the maximum amount of an employee’s pay that “Employee Only” coverage can cost the employee in order to be considered affordable by ACA. For 2024, that percentage is 8.39%. The affordability percentage will jump to 9.02% for 2025, and the associated fines will
Posted By Brandy King
December 16, 2024
Category: Dfsp, Drug Testing, Drug Screens, Ohio Bwc, Sur Program, Substance Abuse Recovery
Ohio’s recreational marijuana sales have started! Spooner clients who haven't had a recent review of their drug-free policy can take advantage of a no-cost, no-obligation policy review by First Connect Corporate Services. Our clients who need an update or new policy development will have access to discounted pricing when they mention Spooner. To take advantage of this offer, email your drug free policy to lisawade@firstconnectplus.com and identify your company as a Spooner client.
Don’t forget, there is a reimbursement available to Ohio employers current on their workers’ compensation premium that will cover the costs of policy development or update, employee or supervisor training or Train the Trainer programs. Some drug testing is even included. For most employers, the reimbursement means zero out of pocket when using First Connect as the provider.
Since 2004, First Connect has been a leading provider of drug free program development and training services in the state of Ohio. For more information, please visit their website at www.firstconnectplus.com or call 855.990.5500 and speak to Lisa
Posted By Brandy King
December 16, 2024
Category: TTD, Ohio Bwc, Workers Comp, Disability, Autozone
Last year, we told you about a case that left employers' use of the Voluntary Abandonment defense unclear, and could have long-term negative repercussions. Luckily, it’s been clarified by a recent ruling. The Supreme Court of Ohio officially interpreted a section of the Revised Code in a way that sincerely benefits employers.
The employer, Autozone, was contesting claimant’s receipt of temporary total disability (TTD) compensation after an approved surgery that took place two months after the employer terminated the claimant for unrelated reasons.
The claimant incurred a work-related injury in June of 2020, and returned to work on light duty following conservative treatment. The claimant was terminated in September 2020 for reasons unrelated to the claim. In November 2020, the claimant underwent an approved surgery for the allowed condition, and subsequently filed for TTD. Autozone argued that the claimant wasn’t entitled to TTD because there were no lost wages to replace - due to the claimant not working at the time of the surgery.
The Industrial Commission greenlit the initial request for disability compensation starting on the surgery date. Autozone then filed an appeal with the Tenth Circuit Court of Appeals, requesting the order be vacated and the claimant be found ineligible for TTD. The court agreed with the Industrial Commission and rejected the employer’s argument to deny TTD. The employer then appealed to the Ohio Supreme
Posted By Brandy King
November 21, 2024
Category: FLSA, DOL, Overtime Rule, White Collar Exemption, Wage And Hour
Toward the end of 2023, we advised our readers that changes would be coming to the FLSA white-collar overtime exemption threshold. The first change took place in July 2024, raising the minimum salary for overtime exempt employees from $35,568 to $43,888. Employers scrambled, crunched numbers, and made the necessary adjustments to comply with this new legislation. The plan was to raise that minimum salary again in January of 2025 to $58,656. Many employers had already made arrangements to be compliant with the new figure as of 1/1/25.
However, on November 15, 2024, a federal court in Texas issued a decision vacating the ruling, which reverts the minimum salary threshold to $35,568. We’ve received a lot of questions on this, so we want to clarify – this change applies to employers nationwide. Regardless of the state the hearing may occur in, it is still a federal court and a federal judge.
The court stated in their lengthy opinion on the matter that the Department of Labor (DOL) had overstepped their authority in determining the amounts of these increases. This essentially kicks it back to the DOL to rethink their rule.
DOL may choose to appeal this ruling, and we will keep you updated on any changes. As for now, the increase planned for January 1, 2025 will not take effect. If you have questions or concerns about how these changes may impact your company, don’t hesitate to reach out to your team at
Posted By Brandy King
October 28, 2024
Category: Ohio Bwc, Group Rating, Group Retro, Premium Savings
The clock is ticking on Group Rating enrollment for the 2025 Ohio BWC policy year! The deadline for Group Rating paperwork is November 15, 2024. The Group Rating program provides upfront premium savings for qualified Ohio employers. If you are a Spooner client and are eligible for Group Rating, you should have already received your program renewal from us. If you haven’t, please reach out to your client services manager.
If you’d like to receive a quote for Group Rating from Spooner Inc., we can accept requests through Wednesday, November 6. You can complete an authorization online by visiting this page. Keep in mind that waiting this long for a quote means you’d have a maximum of one week to make your decision once you receive it. No one likes feeling rushed, so we’d suggest getting your request in as soon as possible!
Not all Ohio employers are eligible for Group Rating, and may want to consider the Group Retrospective program enrolls through January 27th. Usually referred to as Group Retro, employers enrolled in this program will see savings down the road once actual vs. expected losses are measured.
For businesses that aren’t eligible for Group Rating, and don’t have the flexibility of waiting to see savings, we’d also encourage you to explore SuretyHR, our self-insured PEO (professional employer organization). SuretyHR is an alternative to being insured by Ohio BWC for workers’ compensation. By creating a
Posted By Brandy King
October 28, 2024
Category: Osha, Top Ten, Most Cited, Violations, Fall Protection, Ppe, Respiratory Protection
OSHA released its annual Top 10 list of most cited workplace safety standards earlier this month at the National Safety Council Congress & Expo in Orlando, Florida. The violations making it into the top 10 are the same as last year, but their respective place in the top 10 may have changed. On the bright side, most categories saw fewer violations in the last year, compared to the prior year’s data. Respiratory protection and PPE were the two categories that saw increases, and these violations are avoidable with the right knowledge, programs, and enforcement in place.
Many employers don’t realize that they need to provide respiratory protection to employees in certain roles. Check out our blog on respiratory protection programs to get an idea of what’s involved.
The list reflects violations from October 2023 through September 2024, and is based solely on federal OSHA data. For yet another year, Fall Protection (general requirements) was #1 with more than double the violations of the next largest category, and hasn’t moved from that spot for 13 years.
1. Fall Protection – General Requirements: 7,271 violations
2. Hazard Communication: 3,213
3. Ladders: 2,978
4. Scaffolding: 2,859
5. Powered Industrial Trucks (1910.178): 2,561
6. Lockout/Tagout (1910.147): 2,554
7. Respiratory Protection (1910.134): 2
Posted By Brandy King
September 24, 2024
Category: 2018 Group Retro, Retro Refunds, Ohio Bwc, Missing Refunds
You may have received, or will soon receive a letter from Ohio BWC stating that they are “unable to approve your request” to issue premium refunds based on 2018 Group Retrospective Rating. To recap, BWC chose to withhold 2018 Group Retro refunds from Ohio employers in light of the large dividend that was released to employers in 2020. Spooner appealed that decision on behalf of our clients with the intent of getting those Group Retro refunds paid out to participating employers, like your business. Spooner has maintained our stance and our fight over the last three years as the hearings and appeals process has continued to play out.
Why did we receive this letter?
These letters are a response to the protests we filed on behalf of Spooner clients who participated in 2018 Group Retro. We filed these requests to preserve our appeal rights, should we continue to be successful with the legal action that is now before the Court of Common Pleas. We have concerns that if we prevail in the legal proceedings, BWC may attempt to pay only the lead plaintiff in the case, as opposed to all Group Retro members.
Why now?
The final snapshot to determine refunds for the 2018 group retro program was on June 30, 2022. We filed the appeals at the end of June 2024 to comply with the two-year statute for filing protests with BWC.
What should we do now?
There is nothing that employers need to do at this time. If it becomes apparent that action is needed
Posted By Brandy King
September 24, 2024
Category: Ohio Bwc, True Up
With the filing deadline over a month behind us now, hopefully your policy’s 2023-2024 BWC True Up has been completed. The reporting period has historically been July 1through August 15, with a grace period of 30 days. Spooner’s team has been notified that for the current and coming policy years, the True Up period for reporting payroll and paying any remaining balances will be July 1 through August 31, with no grace period.
It’s important to note that failure to True Up can impact your eligibility for Group Rating and Group Retro, which can translate to thousands of dollars in lost
Posted By Brandy King
September 24, 2024
Category: Hazcom, Osha, Ghs, Compliance, DOT, Safety Update
OSHA Issues Final Rule on HazCom Standard to Align with Revised GHS
In July, OSHA’s final rule on the Hazard Communication Standard for classifying and labeling chemicals went into effect, and will be phased in over a four year period. Changes were made to the standard so that it will align with the 7th revision of the UN’s Globally Harmonized System (GHS), and will impact chemical manufacturers, importers, distributors and employers utilizing hazardous chemicals.
The updated standard includes changes to definitions that will impact labeling, handling and classification of hazardous chemicals. Here are some high points:
• Additions the definition of Bulk shipment, Combustible dust, Gas, Immediate outer package, Liquid, Physician or other licensed health-care professional (PLHCP), Released for shipment, and Solids.
• Clarifications to the definition of Exposure or Exposed, Pyrophoric gas
• An addition to Section (f)(5) Transportation clarifying labeling for bulk shipments and pictograms to align with Department of Transportation (DOT) requirements. This solves the issue of having to use both HCS and DOT pictograms for the same hazard.
• Smaller containers may utilize special labelling. Capacities under 100 ml will have minimum labeling requirements of a product identifier, applicable pictograms, signal word, manufacturer’s name and phone numb
Posted By Brandy King
September 24, 2024
Category: General
The official start of flu season is considered October, but colds, seasonal flu, COVID and other viruses have already started circulating in and out of the workplace.
The CDC and other organizations have conducted surveys showing how illness impacts the workplace. The medical journal Vaccine reports that the flu virus alone causes over 100 million missed workdays per year, which translates to roughly $16.3 billion in earnings. While employers may not be able to prevent contagious illness at work, there are plenty of measures that can be taken to reduce the spread of germs.
Remember how anti-bacterial items were everywhere you turned during the peak of the COVID pandemic? There’s no reason to stop doing that. Especially during cold and flu season, we strongly encourage employers to take measures to reduce the spread of germs. Making things like hand sanitizers, anti-bacterial wipes and sprays, and tissues is always a good idea. Place anti-bacterial wipes near high-tough areas like postage machines, break rooms, copiers, etc.
Prioritize handwashing. Make sure handwashing is accessible to all employees, and that restrooms and kitchen areas are stocked with soap and either paper towels or a hand dryer.
Offer a voluntary, no-cost onsite vaccine clinic for employees, or provide information about how and where they can receive free vaccines for things like seasonal flu and current COVID variants. Check with your local occupational health facilit
Posted By Brandy King
August 26, 2024
Category: Group Rating, Renewal, Docusign
Earlier this summer (late June), Spooner sent Group Rating documents to many of our clients via DocuSign. If your policy had been enrolled in our Group Rating program for the current (2024-2025) policy year, your renewal documents would have been delivered this way.
We understand that you may have been hesitant to open the email and/or click the link to complete the documents, or the email could have been intercepted as spam and you didn’t receive it at all. We’re working through contacting the Spooner clients who have not yet returned their Group Rating forms and can resend either via DocuSign or regular email.
If you still have the email, you’re still able to complete the enrollment via DocuSign. It should appear similar to the picture below, showing Nathan Kenney as the sender. We apologize for any confusion this may have caused. Please reach out to your Client Services Manager with any additional questions on your 2025 program
Posted By Brandy King
July 24, 2024
Category: safety grants, ohio bwc, safety intervention, finance, safety investment
Ohio employers may be able to check one more thing off their wish list this year, without paying full price. 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, is that you must complete this process before purchasing equipment. We know this paperwork can be daunting, and we encourage Spooner clients to reach out to us for assistance with these grant applications. Be prepared with info on any workers’ comp claims or incidents associated with the particular area or task, the number of employees performing the task, and explore vendors to get price quotes on the equipment you have in mind. As always, there are items and services that grant funds can’t be used for - like standard PPE, train
Posted By Brandy King
July 24, 2024
Category: ohio bwc, true up, compliance,
BWC’s True Up window began on July 1, 2024 and will run through August 15, 2024. This is a process required by Ohio BWC at the end of each policy year, where your premiums based on projected payroll for the previous policy year are balanced with premiums based on your actual payroll over the past year. Compliance with both the reporting and payment of any balances affects your company’s eligibility for most savings programs (like Group and Group Retro).
If your actual payroll was higher than projected, you’ll be expected to pay that balance to Ohio BWC no later than August 15th. If you are unable to pay the lump sum at that time, please note that any future premium installments will first be applied to your delinquent True Up Balance before being applied to your premium installments. Payment plans for True Up balances are only available through the Ohio Attorney General’s office following an application process.
If this year’s True Up caught you by surprise, next year consider running a mock report in May or June to help your company prepare for any balance that may be owed. The payroll classifications and totals reported this summer will be used to determine your 2025 policy year premiums. For the 2024 policy year that just began, BWC will be using payroll projections based on your True Up from July 2023. Adjustments to your estimated payroll can also be made throughout the year by contacting BWC at 1-800-644-6292.
Spooner clients
Posted By Brandy King
July 24, 2024
Category: osha, heat standard, heat illness, regulatory update, safety, case law, loper bright
Late June and early July saw two important regulatory-related updates, one of which could potentially impact the other. First, on June 28, 2024 – the U.S. Supreme Court issued a ruling in Loper Bright Enterprises vs. Raimondo that may change who is responsible for interpreting laws and regulations issued by a government entity.
Prior to June 2024, the US Supreme Court was guided by the 1984 ruling in Chevron vs. Natural Resources Defense Council Inc – which determined that the agency that created the statute in question would be deferred to on interpretation, unless Congress had specifically addressed it previously. This has since been called the “Chevron Deference.”
Following the June 28th Loper Bright ruling, the judicial branch will have the power to interpret such statutes. This change in administrative law could impact any employer that is subject to government regulations, including matters involving OSHA.
Speaking of OSHA, they made headlines again in July as the proposed heat illness rule was finally made public. If you’re unfamiliar with the rulemaking process, it can still take another year or more for this proposed rule to become a reality that employers must comply with. Once the proposed rule is officially published in the Federal Register, it will then be open to commentary from interested parties for 120 days.
However, it’s important to note that OSHA still has a National Emphasis Program (NEP) on heat i
Posted By Brandy King
June 11, 2024
Category: , Workers Comp, Ohio Workers Comp, Group Rating, Group Retro, TPA, Ohio TPA, Claims Management
Even though the 2024 BWC policy year is just about to kick off, we’re already looking ahead to 2025 Group Rating and Group Retro programs. It can be hard to feel like a savvy buyer when it comes to workers’ comp in Ohio, but Spooner would like to share some pointers for how to understand the timeline and choose the best partner.
If you’re thinking of changing your partner for Group Rating or Group Retro, be sure not to complete the renewal that your current TPA sends this summer. Most employers don’t realize that cutting a check for a renewal in summer of 2024 will obligate them to their current TPA through June of 2026. Make sure your accounting team is aware of this, too. We’ve seen too many unhappy customers of other TPAs get trapped this way.
Are you under the impression that because you’re a member of XYZ Chamber of Commerce, you have to utilize their partner for workers’ comp programs? Not the case. The sponsoring organization frames it that way because there’s money on the table. For example, if you are an XYZ Chamber member (who happens to be partnered with a specific TPA) and you want to leave that TPA, XYZ Chamber makes less money. Naturally, they want you to stay with Sedgwick and may even advise you can’t get that discount outside of their partnership. This is patently false. Most TPAs have access to all of the same Group Rating and Group Retro programs for all industries, and the sponsoring org
Posted By Brandy King
June 11, 2024
Category: Group Rating, Group Retro, Ohio Bwc, Safety Training, 2 Hour Requirement, Green Year
If your company participated in Group Rating or Group Retro during the 2023 policy year (July 1, 2023-June 30, 2024) and had a claim during the green year(s), you’re required to complete two hours of safety training by June 30, 2024. Please be sure to complete submit the training certificates to your team at Spooner (or your TPA, if you’re not a Spooner client). If you’re unsure if you need to complete this training, reach out to your client services manager. The training doesn’t have to be completed in person – so there’s still time to meet the requirement by participating in one of BWC’s online courses. Here are some details on fulfilling the two-hour training requirement, per the Ohio BWC website.
Two-hour Training Options
A variety of training sources are available for you to fulfill this requirement. They include the following offered through BWC’s Division of Safety & Hygiene:
• Education and Training Services Center courses
• Ohio Safety Congress & Exposition (OSC) safety education sessions
• Safety council seminars, workshops, or conferences featuring a safety topic that are at least two hours long (Safety council monthly meetings do not qualify.)
Guidelines for courses offered through non-BWC training forums
• The group sponsor, third-party administrator, or an independent sourc
Posted By Brandy King
June 11, 2024
Category: Ohio Bwc, True Up, Bwc Payroll, Tpa, Group Rating
It’s almost True Up Time! BWC’s True Up window will begin on July 1, 2024 and will run through August 15, 2024. This is a process required by Ohio BWC at the end of each policy year, where your premiums based on projected payroll for the previous policy year are balanced with premiums based on your actual payroll over the past year. Compliance with both the reporting and payment of any balances affects your company’s eligibility for most savings programs (like Group and Group Retro).
If your actual payroll was higher than projected, you’ll be expected to pay that balance to Ohio BWC no later than August 15th. If you are unable to pay the lump sum at that time, please note that any future premium installments will first be applied to your delinquent True Up Balance before being applied to your premium installments. Payment plans for True Up balances are only available through the Ohio Attorney General’s office following an application process.
If this year’s True Up caught you by surprise, next year consider running a mock report in May or June to help your company prepare for any balance that may be owed. The payroll classifications and totals reported this summer will be used to determine your 2025 policy year premiums. For the 2024 policy year that will begin soon, BWC will be using payroll projections based on your True Up from July 2023. Adjustments to your estimated payroll can also be made throughout the year by contact
Posted By Brandy King
June 11, 2024
Category: Ohio Bwc, Safety Council Program, Safety Council Enrollment, Ohio Workers Comp Savings
Along with the new Ohio BWC policy year beginning on July 1, 2024 – one of their most beneficial programs now has an increased ROI for employers. Participating in a local safety council is beneficial not just for the savings – but also the education, networking, and locating resources to aid your internal safety programs. Ohio businesses have until July 31, 2024 to sign on for the 2024-2025 program. Your company can earn a 3% rebate (not to exceed $5000) on ‘24-25 policy year premiums by attending 10 in-person safety council meetings. At least eight (8) of these must be attended through the safety council you’re enrolled with, and up to two (2) credits can be earned through attending BWC-sponsored in-person or virtual events, or in-person training from external sources like your TPA or trade organizations and Chambers of Commerce.
Remember – to get the 3% rebate, your policy premiums must be current and your most recent True-Up should have been completed on time. This rebate program can be combined with Group Rating, Group Retro and virtually any other BWC program your company participates in. For more information on the Safety Council Program, reach out to us at 440-249-5260 or check out this page on
Posted By Brandy King
May 28, 2024
Category: Ohio Bwc, Workers' Comp, Dfsp, True Up, Grow Ohio, Transitional Work
With the BWC policy year coming to a close at the end of June, here are some reminders for upcoming deadlines that may apply to your policy. If you have any questions about these programs or deadlines, please reach out to your Client Services Manager at Spooner Inc.
May 31
Drug Free Safety Program application deadline for 2024 policy year
Transitional Work Bonus application deadline for 2024 policy year*
June 21
First premium installment due for 2024 policy year
June 28
Deadline for Grow Ohio safety requirements for newer policyholders whose coverage became effective between July 1 and December 31 of 2023
*The Transitional Work Program is slated to end on 7/1/2025 for private employers and on 1/1/2025 for public employers. We’ll have more information on this as it becomes
