Performance Thinking

Expert information and solutions for your business.

The “ABCs” of Worker Misclassification in the Wake of Dynamex

In April, the California Supreme Court issued a pro-employee ruling in Dynamex Operations West, Inc. v. Superior Court.  This ruling will heavily impact businesses and workers in California and could have a ripple effect across state and industry lines.

Employers in the construction and affordable housing industries may be affected; however, all business owners considering the hiring of independent contractors should familiarize themselves with this case as it may provide evidence of future sentiment by the courts that is against the classification of workers as independent contractors.   

Click here to download a white paper examining the following topics:

•  Worker classification or misclassification
•  The Dynamex ruling and its impact on construction and affordable housing
•  Pros and cons of the independent contractor model
•  Strategies to manage risks associated with independent contractors

Written by Jared Karnes

Jared Karnes works out of Scott’s Knoxville office. He develops proactive risk financing and risk management strategies for middle market companies. Jared’s ares of specialization include construction/contractor, affordable housing, workers compensation, and alternative risk finance.

Call Jared at 865-684-1783 if you have any questions or need any additional assistance.

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Trends in Cyber Risk Prevention

Cyber Risk Prevention

In today’s climate, cyber risk is top of mind for business leaders.  Unfortunately, many still fail to understand the complexities involved and unknowingly leave their businesses vulnerable.

High-profile data breaches grab our attention on a regular basis – like the hack of Under Armour’s MyFitnessPal app earlier this year that was called “one of the biggest hacks in history,” compromising 150 million accounts.  When these incidents occur, businesses should turn the fear of “what if?” into action by evaluating their exposures and ensuring they are properly protected and prepared to deal with a breach should it occur.  

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Property & Casualty Market Outlook for 2018-2019

Photo of graphs showing insurance trends.

At Scott, our clients often ask us for predictions on how their insurance costs will change year-over-year. While every company has unique characteristics that impact pricing, we can make some general observations and recommendations based on past and current market conditions that can help when preparing for the future. 

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Business Pollution Coverage & Potential Exposures

When it comes to determining which businesses need pollution coverage, most businesses think they know the answer. The manufacturing plant with its tall smoke stacks, the local gas station or the rock quarry down the road. In short: anyone but me.

What constitutes a pollution claim?

The misconception around pollution exposure and the need for coverage is based on the fact that most businesses believe that pollution claims arise from traditional environmental claims like oil spills or water contamination. The reality is that pollution claims can come in many unexpected ways. For example, a faulty HVAC unit in a commercial building that starts to release carbon monoxide fumes that can lead to injury to the tenants. Another example is a contractor excavating for the foundation of a building that hits a sewer pipe. Each of these situations arises from the normal operations of the business, but each results in a pollution claim.  

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