2022 April PIA Connecticut by PIA Northeast

April 2022• Connecticut

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Add employees

WHO ADD

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IN THIS ISSUE 9

How to (legally) fire someone

Inflation’s impact on benefits, compensation

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COVER DESIGN Roberta Lawrence Vol. 66, No. 4 April 2022

IN BRIEF

FYI

Hiring, retaining employees in this crazy economy Don Phin, Esq.

In researching the challenges those in the insurance industry face when hiring new employees, the response is like other industries: We can’t find them; They won’t work for us; We have no problem finding people, but don’t have a good track record of making quality hires; and We hire them, and we train them, but we can’t seem to keep them. So, what can you do at your agency that can help you reach (and keep) the right people for your agency? Here’s a quick-and-easy guide that might help you: Do you have a referral program that works? Statistically, this is the best source of quality hires. Everyone is a recruiter! Make it easy to post openings on social media and give incentives for each post. Are employees trained on how to be great recruiters? Do you make it easy? (One page sheet, mobile ads) Your hiring page Is this something candidates can find easily? Don’t make them look for it. If hiring is your No. 1 priority, consider including a splash page on your website. Also, every hiring page should include videos: The CEO/Owner video discussing firm’s vision, mission, goals, culture, etc. A Day in the Life video. Make it high quality. Employee testimonial videos. These are easy to produce on smartphones. A job-specific video. Hiring FAQ. Don’t make applicants guess at your hiring process. Let them know what they can expect each step of the way. Then live up to your timeline. Turnover is created because we hire misfits Many people hire a candidate to finish the hiring process so they can go back to doing their job.

Behavioral interviewing. Ask them what felt unfair in their last job. Keep asking the question “why?,” until you understand how they deal with situations that they feel are unfair. Onboarding Once you’ve hired someone, don’t ignore him or her. Rather, establish a comprehensive onboarding experience. Take a checklist approach. Onboarding is a process, not an event. Conduct an entrance interview on the person’s first day. New employees are like mini-consultants. On the first day share a 60-Day Survey asking what they can see about the company you can’t see for yourself and have them share their experiences. Go over that survey with them on the 60th day. Conduct a 90-Day Quality of Hire Assessment. Did you make a quality hire? Or, is the potential there? If not, time to look for a replacement. Consider, the Zappos Pay-to-Quit Experiment. It’s a bold move in which—after an initial training period—you offer candidates money to quit. If they aren’t fully committed, do you still want them? The ‘Big Quit’ or ‘Great Resignation’ We are experiencing unprecedented rates of turnover. In my experience, the full cost of turnover it is roughly 1:1 at the mid-point salary (i.e., if the employee earns $60,000, the turnover costs are roughly $60,000). If the employee earns over the midpoint, the ratio increases, below it decreases. Remember, turnover is contagious. Here are just some of the costs involved: Costs per employee/manager/HR Separation costs

However, many new hires don’t have the necessary skills. Don’t assume anyone’s abilities just because of their experience. Skill testing is a must for every position. You can test on sales skills, administration skills, IT, insurance knowledge, etc. You can do this using the following:

Vacancy costs (overtime, temps, etc.)

Personality assessment tools help everybody understand natural strengths and weaknesses. The best tools provide interview questions based on the results.

Training costs

Case scenarios. Have candidates walk through their greatest challenges.

Increased stress on remaining staff Cost of hiring a new employee Onboarding costs Soft costs (including client/customer dissatisfaction) And, don’t forget revenue equivalency. Every HR problem becomes a sales problem. How much revenue will you (continued on page 6.)

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BY THE NUMBERS

Work innovation According to Upwork—a global platform that helps businesses implement more flexibility—36.2 million Americans will be working remotely by 2025, up from 16.8 million before the pandemic. As employers shift to allow for more remote-work options, a variety of innovative tools have surfaced to make working from anywhere easier—for employers and their staff.

Communication tools Messaging apps Slack, Microsoft Teams, Twist, etc. By 2023 It is anticipated

55%

Project-management tools

OF ALL BUSINESSES will collaborate via A MESSAGING APP

Hub Planner, monday.com, Trello, etc.

498

45%

say instant messaging IMPROVED PRODUCTIVITY

HOURS SAVED ANNUALLY when project-management software was used

Video conferencing apps Zoom, Microsoft Teams, Skype, etc.

76%

of remote workers USE VIDEO CONFERENCING

50%

experience BETTER PRODUCTIVITY

90%

communicate more EASILY & EFFECTIVELY

Current popularity among remote workers:

66%

of employees say project-management software IMPROVES CLIENT RELATIONS

57%

already use MESSAGING APPS while working remotely

61%

of companies using project-management tools MEET DEADLINES

ONLY 41%

meet deadlines WITHOUT THESE TOOLS

59%

of remote workers use VIDEO CONFERENCING APPS OFTEN

88%

of remote employees encounter co-worker MISCOMMUNICATION Communication apps help alleviate it

50%

MORE EMPLOYEE RETENTION with effective communication

Whether some or all of your agency staff work remotely, or whether your employees engage in a hybrid schedule (i.e., some days at the office, some days remotely), consider implementing more communication and project-management tools into your agency—they will help you and your staff improve communication, increase productivity and save everyone valuable time, so you can focus on what’s most important: your insureds.

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FYI (continued from page 4.) have to bring in to make up for that turnover cost? The ratio is conservatively 4:1—that $60,000 in turnover cost represents $240,000 in marginal replacement revenue. How many new clients does that represent? Who is resigning? In the first 90 days, Gen Z employees tend to quit. They are new to the workforce and they are disoriented quickly. Many aren’t exactly sure what they want to do. Employees between 30 and 45 years old have had the greatest increase in resignation rates. Especially in dual-income households with kids. In recent years, some 1.8 million women have left the workforce. How do you support working moms? Early retirees. Why not keep them on part-time, working in their highest capacity? Why are they leaving? Poor onboarding

Growth opportunities Just what are the growth opportunities? Do you provide career ladders? Career planning—what’s next? Is there a plan for it that involves any gap training? Don’t let titles get in the way of career advancement. Have they been assigned a mentor? Coach? Employee branding Everything you’ve learned about branding applies to your business’s branding. Website—look at how Zappos (for example) has branded the work experience. Clothing—have employee contests to create logos, slogans, etc. Make sure it is cool enough that they are willing to wear it outside of work. Building—your workplace tells a story. What is it? Use posters, quotes, whiteboards, and other tools to help visualize your brand.

Compensation Poor cultural fit Better opportunities

Home office—send some posters and other swag to help them stay visually connected to your office.

Retirement Changing career paths Money, money, money Do you have a compensation philosophy? Do you pay at, below, or above mid-grade? How do you use incentives to create more skin in the game? Also, how are you using available funds to engage employees effectively? Hybrid work Hybrid work is here to stay. The good news is it opens you up to job candidates from anywhere! Some thoughts on managing the remote workers to keep them engaged: Flexibility is the buzzword. The shift must focus on results, not activities. Wage and hour laws—make sure they have a good app for clocking in/out, including meal periods. Safety—the home office is an extension of your workplace. Is it safe? A workers’ compensation case was filed because a worker tripped on her carpet on the way from her desk to the bathroom. Security—remote workers are a cyber liability threat. Make sure they are following all the protocols. Staying in touch—you must reach out to your employees at least once per week for one-on-one meetings. Send handwritten notes to them, too. 6

Proper equipment—make sure they have a good chair, desk, video-conferencing equipment, etc.

What employers are doing According to my research and experience, employers are: Providing pay hikes equal to new market rates. Surveying employees to find out what they need. Delegating as a way to manage workloads. It also provides for growth opportunities for others. Selling employees on career opportunities. Can they see the long-term opportunity of working with you? Recruiting wider, especially for remote or younger employees. Creating a fun/engagement committee. For helpful tips on what employees expect from your business’s software apps and features, see the related article on PIA Northeast News & Media (www.blog.pia.org). Phin is an employment lawyer, trainer, speaker and coach. He is the editor of Employment Practices Liability Consultant (EPLiC) published by IRMI. For more information, including retention tools that can help you implement many of the actions outlined in this article, email don@donphin. com. You also can find additional free tools at www.donphin. com/free-tools/.

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How to (legally) fire one of your employees In the process of hiring new employees, businesses go to great lengths to hire individuals who will make a great fit in their company. Sometimes it works brilliantly—while at other times, things may not work out at all. While some employees may realize the business is not a fit for them and leave voluntarily to seek a different opportunity, other employees stay in the position long enough it becomes an issue for their employer. Many employers likely have faced a situation in which they wish to terminate an employee only to remember that termination can become a legal minefield. Looking into several details into the specific terms for termination and ensuring you follow any state-specific laws can ease the process for employers and greatly reduce any potential legal issues. While this article cannot offer

guidance into what to say or how to approach the delicate situation of ending an individual’s employment, it will give employers an idea of the legal issues to consider when they decide it may be time to terminate an employee.

LEGAL

CLARE IRVINE, ESQ. Government affairs counsel, PIA Northeast

Question 1: Is the termination legal? Employers must first check that they have the legal authority to terminate the employee. If a contract—

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including union contract—has been agreed to, then the procedures set forth in that contract apply to the termination. It is both straightforward by creating a clear guide to the termination procedures for the employer and complicated by likely making it more difficult to terminate the employee. Most employees in the United States have at will employment contracts that allow for the termination of an employee at any time without cause. However, several exceptions do exist. Employers cannot terminate employees due to their age, race, religion, sex, national origin, or disability.1 The Pregnancy Discrimination Act also protects pregnant women from discrimination in the workplace. This law prevents employers from firing a pregnant employee. If she cannot perform duties due to pregnancy complications, it may be consid-

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ered a short-term disability and protected by this law and the Americans with Disabilities Act. State and federal family medical leave laws also protect workers from termination when they take family leave. As a matter of public policy, employers may not terminate employment for numerous actions and choices an individual makes outside the workplace protected by statute or a constitutional right. Examples of this include the legal use of cannabis by any individual outside the workplace. While political statements and use of legal substances may be restricted in a workplace, employers cannot extend such limits unless permitted under narrow exceptions. Whistleblowing laws also exist— both at the federal level and in many states—protecting employees who either report or refuse to perform work they reasonably believe may be illegal. Question 2: What does the employee handbook say? First, employee handbooks may create an implied contract between the employer and employee without carefully worded disclaimers. Should an employee handbook create a contract, the employer would be legally bound by the terms within the document. If the employee handbook contained disciplinary policies and said employees would only be fired for just cause, then the employer still would be legally bound by those terms. To avoid such situations, all employee handbooks should include a clear statement that the document is not intended to be a contract. Such a simple, concise statement makes it clear that the handbook does not imply a contract. An additional disclaimer should be added

with any termination policies to specify that the causes and procedures in the manual are illustrative only with the employer retaining the right to terminate employment with or without cause at any time. Such disclaimers do not prevent employers from following the policies and procedures in the handbook whenever possible, they simply give employers flexibility they may find necessary in certain situations and avoid potential legal issues for deviating from the employee handbook. Question 3: How to tell the employee? After employers confirmed they may legally fire an employee without creating a potential legal issue, they must then ensure the actual firing does not create one. When an employer communicates to the employee that he or she has been terminated, the employer should word the explanation carefully and keep it concise. The employer does not need a reason to terminate the employee unless required by the language of an expressed or implied contract. The employer may provide a reason, but it should not be sugarcoated. When an employer attempts to explain the reasoning and soften the language, the higher the risk of a potential legal issue due to something the employer states. An employer also should bring a human resources manager to any termination meeting. Alerting HR offers a valuable check—both on the legality of the termination and any factors the employer may not be fully aware of that may affect the decision. During the termination, the HR manager can act as a witness who can provide support to the employer in potential legal disputes over the termination.

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States have specific requirements for written notice of termination. In New York, Labor Law Section 195(6) requires employers provide the terminated employee written notice stating the exact date of termination and the exact date any employment-related benefits will be canceled, such as health insurance. Connecticut General Statute Sec. 31-128 requires employers to provide employees with a notice documenting the termination of employment that includes a statement that the employee may submit a written statement disagreeing with the termination. The notice must be kept in the employee’s personnel file that he or she has a right to request in the year following the termination of the employment. New Jersey, New Hampshire and Vermont do not have specific written notice requirements. However, providing the terminated employee with a written statement that includes necessary information about his or her final paycheck, the cancellation of benefits, and other details is advisable as legal documentation of the employer’s duties during the termination process. Question 4: What happens after the termination? Once the employment termination has taken place, the employer must provide the former employee with information regarding benefits. These include the employee’s last paycheck, unused vacation time, COBRA, unemployment options, and the transportability of employment-based insurance policies.

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Notes to conclude While short on tips to firing an employee, this article should help clarify some of the legal concerns many employers have when trying to make it as smooth of transition as possible without needing to turn to their employment practices liability insurance coverage. For layoffs, especially at large companies, additional laws apply that may require additional notices and a minimum amount of severance pay. Each situation is distinct, so it is still advisable to consult an attorney to minimize any risk of legal disputes regarding the termination of a worker. No employer enjoys or should admit to enjoying the process of firing an employee, yet it may sometimes be the best step forward, at least for your business. Irvine is PIA Northeast’s government affairs counsel. The Americans with Disabilities Act requires employers make reasonable accommodations for employees with disabilities to perform their work. If reasonable accommodations not possible, then the employee may be terminated, but this should be done with great care.

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Employers should be cautious if attempting to challenge any benefits such as unemployment. These challenges can lead to legal issues for the employer that cost even more than the attempted savings.

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Inflation’s impact on benefits, compensation The pandemic brought many unforeseen challenges for business owners. Most recently, employers are grappling with the shift from America’s employer-driven job market to a candidate’s market. The Bureau of Labor Statistics found that 4.5 million people resigned from their jobs at the end of 2021, exacerbating consequences for businesses and hiring managers. Employers must be aware—now more than ever—of circumstances that can affect their employees’ job satisfaction, including promotion opportunities, fringe benefits, and fair policies. On top of these implications from the Great Resignation, including supplychain issues, staffing shortages, workload overages and benefit budgetary concerns, the recent rise of inflation is making new waves for employers who are being forced to reassess their benefits and compensation costs for 2022. Inflation rates skyrocketed to 7% at the end of 2021—the fastest spike since 1982—and between September 2020 and September 2021, the costs of goods and services for consumers jumped 5.4%. Gas prices also rose across the country in 2021, averaging $3.01 per gallon for regular grade gasoline—and they were even higher in the Northeast. With no expected dip in sight, it is important that employers adapt quickly to avoid absorbing costs while keeping employees happy.

Wages and compensation If employees’ wages don’t keep pace when the cost of everything else is increasing, then the buying power of employee compensation drops. Add to that, the average workday has lengthened by almost an hour since the onset of the pandemic, and despite working longer hours, workers are taking fewer breaks, according to a recent Deloitte Human Capital Trends special report. With over 10 million job openings at the beginning of the year, it isn’t surprising that people are looking for new opportunities and more money. The value of current compensation is diminishing, and it is causing employers to find new solutions. Employers that are raising salaries and still seeing people resign are not considering those obstacles that this new environment is creating both for employers and their own businesses. Knowing that the impact of inflation to a highly compensated employee may be different than to an hourly employee is prompting employers to get creative. This creativity, while feeling futile at times, may be short term as this level of inflation might not last.

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More employers will look to help mitigate the impact of inflation and changes to the workload through retention bonuses, sign-on bonuses, or paid-time-off benefits; however, PTO is only good if employees use it. Otherwise, it has opposite effects leading to a lower morale and increased turnover. According to Zippia, over half of Americans didn’t use all their allotted PTO in 2021, which could indicate that many workers were unable to take off, despite having the benefit, likely due to staffing shortages or workload overages.

STAFFING

DENISE STEFAN AND STEVE SCOTT Engage PEO

Benefits packages Inflation’s impacts on the cost of health care and other employee benefits are an opportunity for employers to adjust costs and improve compensation packages. There are important advantages to allocating a greater part of the investment in employee compensation to employee benefits: First, the employer-paid portion of health insurance premiums are considered fringe benefits, including retirement plans, child-care reimbursement, and tuition assistance. These may be considered a business expense, and therefore, tax deductible at the state and federal level. Second, there are several issues that distract employees from being productive while at work, and the

top concerns are their physical health or the health of their family members, and the worry associated with the cost of treatment if they get sick. In fact, according to the International Foundation of Employee Benefits Plans, financially stressed employees lose nearly one month of productive workdays every year and are two times more likely to look for a new job opportunity. So, by investing into covering the benefits that give your employees peace of mind, you increase productivity and are more likely to retain employees. Third, investing in providing full coverage for employees’ health benefits, or covering a larger part of the cost of health insurance, or life and disability insurance, can have an impact on productivity and help with long-term retention. But, having all employees covered because an employer contributed so highly to their health plan, can have a longer-term positive impact on costs, by lowering the overall risk, and therefore premiums of the whole group. There is mutual benefit in providing coverage that goes above average, protecting employees’ health and financial wellness in both the short and long term, and ensuring those benefits are tax deductible. Employers should consider creative ways to improve the perceived value of employee benefits beyond just covering the traditional insurances, but in today’s environment of both pandemic illness and inflation, finding a more human side to providing rewards and benefits will become increasingly important.

By phone …

Looking ahead Though employers may find themselves in a period of uncertainty, it’s important to know that there are ways to mitigate the challenges, and a key path to success draws on not only listening to employees, but also paying attention to what most could affect job and compensation satisfaction company wide. The current, surging inflation, while relevant now, may not be as impactful long-term to how employers compensate employees. However, this is just the beginning of the transformation of overall compensation that employers will face in the coming years. Even over the past two years, there have been dramatic changes to how employers run their businesses and HR responsibilities. More uncertainty and change can be expected, which is why flexibility, creativity and responsiveness are key to a successful HR model.

Online …

It’s important to work with different vendors to find solutions for your employees that help meet some of the biggest growing areas of concern, like student loan debt management and experiential reward programs so that employees see real value in the recognition they are given. It is time for benefits administrators and providers to recognize that employees value benefits differently and that we must strike a new balance between wages, alternative compensation and bonuses, and benefit programs moving forward.

PIA serves members. (800) 424-4244 pia@pia.org pia.org

Stefan is president of Engage Insurance Agency. Scott is chief operating officer of Engage PEO. Engage PEO, based in Fort Lauderdale, Fla., delivers comprehensive HR solutions to small- and medium-sized businesses, sharpening their competitive advantage. It is a market leading, national PEO licensed in all states with licensing requirements and serves clients in all 50 states. It is among less than 3% of PEOs that are ESAC certified and hold the CPEO designation by the IRS.

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Add employees

WHO ADD

VALUE Use data to inform your agency’s hiring process

n professional sports, 50% of first-round draft picks never live up to the hype, and 75% of second through fifth round picks end up being a complete bust.1 Talk about a disappointing blow.

The statistics in the insurance industry are even more heart-rending. More than 90% of all new agents quit the business within the first year,2 with turnover at independent agencies being 30% to 50% a year.3 Those are sobering and expensive numbers.

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Potential vs. performance Professional sports teams have the luxury of player statistics and video evidence directly in front of decision makers, yet the chances that they’re going to hire poorly still are high. Until just recently, decision makers in the insurance industry have had to rely almost exclusively on their gut—after reading and hearing information directly from candidates on how they view themselves, via their resumes and interviews. Sadly, resumes often are exaggerated, and savvy candidates know how to sell themselves briefly in an interview. Of course, everyone who needs a job is going to tell you that they’re a firstround quality draft pick because individuals judge themselves based on their potential—not their performance. This is known as the potential vs. performance paradox. The mind is a complex mechanism, and generally people have difficulty discerning what they are capable of doing from what they are willing to do, and even what they have done. That’s because, long after a daunting assignment has been completed, people will analyze the results and replay the process repeatedly to consider what they could have done differently to gain the optimum outcome. The result of this processing of past events usually is a misremembering of those events and their actual outcomes.

It’s not your fault While the Harvard Business Review stated that as much as 80% of employee turnover is related to bad-hiring decisions, the alternate truth is that, when things don’t work out, it’s not really your fault or theirs—but it is going to hurt your bottom line either way. So, when you’re interviewing candidates and they tell you that they’re awesome and that they’ve done some awesome things, understand that their version of the truth probably will not match up exactly with someone else’s version of the events.

Understand the problem first Nearly every organization will admit it has an issue with employee turnover and/or retention, but before anybody can solve a problem, they first have to identify it, and sometimes that means looking in the mirror. This is not to insinuate that anyone in your organization is doing anything wrong, but maybe you’re not being clear in what you need, what you can tolerate, and what you can do without. Most principals and managers often look to duplicate themselves, but the key to success in a relationship is compromise.

Clear objectives The U.S. Department of Labor estimates the average cost of a bad hire is about 30% of the new hire’s first-year earnings. A variety of factors determine this statistic, including:

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• the time and effort of multiple people within multiple departments to hire and train a new team member; • the exclusive tools team members need to perform their jobs; • the lost personnel incurred due to a bad team member’s toxicity; and • the fact that you may need to pay replacements more, due to inflation or experience, just to get them to say “yes” in the first place. Before wasting a single dollar on job postings and other recruitment efforts—and to save yourself from unnecessary drama—establish a consistent, reliable hiring process with clear objectives. The hiring process should start with identifying what your ideal candidate looks like and what the person’s responsibilities will be. By clarifying your highest standards, you’ll know exactly what skills or abilities your new hire absolutely must have, as well as when you are willing to compromise.

Clearly better choices If your job posts are more detailed and transparent, you should get fewer, but also more qualified, candidates. Let the job posting do some of the work by weeding out bad fits. Once your job description outlines the skills necessary for the job, you’ll want to make sure that your candidate has them. Asking about hard skills in the interview is a fine start, but it’s not conclusive. Consider testing candidates to ensure that their skills are current and relevant. Without testing, you may learn a few weeks down the

road that your new hire exaggerated his or her skills, and that could be awkward and time consuming. If the job involves proofreading, strong written communication skills, or a particular computer program, it’s best to verify those skills. You might consider a grammar test and writing sample. Find tests for applicable computer programs, like Word, Excel, PowerPoint, InDesign, or anything else critical to the position. You also can ask candidates for examples of their work in those programs, though a brief, user-friendly test will give you peace of mind that they did that work themselves. If you ask for samples of candidates’ work, make it clear to them that the samples will not be used by your agency—candidates can be wary of this practice if they think their work will be used for free. Only test the critical, necessary skills—the ones you do not provide training for and need right out of the gate. If some programs or skills are simple enough to learn on the job and are not mission-critical from the start, then you may want to perform a cognitive assessment to gauge the candidate’s learning and problemsolving aptitude. Regardless of how commonplace testing candidates on their skills is today, there are still some candidates who see it as insulting or passiveaggressive in nature. The truth is that qualified candidates will relish the opportunity to prove their skills and appreciate the time you take to hire only A-players. “You can have data without information, but you cannot have information without data.” — Daniel Keys Moran

Soft skills vs. hard skills Soft skills—also known as common skills or core skills—are skills that are desirable in most, if not all, agency roles. The perfect hire for every organization has the ideal combination of relevant hard skills, appropriate soft skills, as well as personality traits that align naturally to the demands of the position. The goal is for these to meld perfectly with the job and the culture of the current team.

Soft skills: • critical thinking • problem solving • public speaking • professional writing • teamwork • digital literacy • leadership

Soft skills tend to be undervalued • professional attitude by many organizations during the • work ethic selection process, unless it is notice• career management ably clear those skills are vital to the • intercultural fluency role. For example, sales and management skills are more than just hitting quota or achieving benchmarks. For producers, the soft skills of selfawareness, rapport building, and responding diplomatically to objections all contribute to success. While those same soft skills in a leader are important to the morale of the team and determine whether employees feel valued. Most hiring managers put less emphasis on the soft-skill area because they aren’t using tools to measure those traits. Pre-employment personality tests that are based on the use of an adjective checklist are a fast, unintimidating, unbiased, and accurate way to get candidates to reveal their natural behaviors—behaviors that are not immediately apparent from a resume or interview.

The long-term value of people skills Until recently, it’s been difficult to measure a person’s ability to lead a team or work with different personalities, cultures and beliefs. HR personnel tend to focus on keywords within a conversation to acknowledge a candidate’s understanding or experience. However, just because someone knows the right things to say doesn’t mean that he or she understands the value behind the words. Today, technology and experience give us the data and tools necessary to identify candidates who are most qualified to lead departments, teams and organizations. We’ve learned that strong personalities don’t always make strong leaders and that job experience is not the only, or even the best, way to measure success or failure. We have tools that help measure the potential success or failure of a new hire. Not every job is right for every person. Assessing the behavioral traits of your current workforce can help identify problems, coach more effectively, build successful benchmarks, and stop high turnover, while pre-employment testing can help you make better hiring decisions the first time.

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For most organizations, a bad hire is someone who doesn’t stay long enough to master the business’s products and services, proven sales tactics, and/or his or her responsibilities. However, often overlooked are the employees who are relatively good at their jobs, but whose personalities are so toxic that other good employees leave. Most often, employees who leave cite “pay” as their reason for leaving, but effective exit interviews usually reveal that pay is the last reason in a laundry list of items, which will eventually reveal a personality conflict with another employee or, even management.

How to hire right the first time The concept of measuring a person’s behavior is called psychometrics, which defines nonpathological behavior. The use of personality data makes hiring decisions more objective by providing insight into natural tendencies and uncovering potential challenges. Results are compared to either industry job benchmarks or customized benchmarks based on top performers. This gives decision makers more to go on as they assess a candidate’s fit. Many personality tools are broken down into four key behavioral dimensions: Dimension 1: Assertiveness, which measures the need to make things happen and comfort with risk. Omnia’s data shows that a high level of assertiveness is a key driver of sales success. Dimension 2: Sociability, which measures the need to work with people versus the need to gather data and analyze information. Dimension 3: Pace, which measures sense of urgency and comfort within a time-driven environment versus a sense of order and comfort with predictability. Dimension 4: Structure, which measures the degree of dependence on rules.

Agency roles Assertiveness. Some people are comfortable with risk and tackle challenges head-on; they do not shy away from conflict. These competitive, confident personality types are natural fits for sales or any revenue generation role and most leadership positions within the agency environment. Naturally assertive individuals have the raw aptitude for making the first move, negotiating, overcoming obstacles, and asking for the close.

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Other people are supportive, teamoriented, and cautious; they tend to avoid risk and conflict. Their goal is to help, support, and contribute to team success. Naturally cautious individuals have a raw aptitude for customer service, administrative support, and other individual contributor support roles. Sociability. Highly social individuals are energized by social interaction. They are people oriented and engaging; they also are persuasive and build connections easily. Some agency fits are producer, sales manager, customer service, and help desk support. Analytical individuals are energized by work that is more solitary in nature; they tend to be socially reserved. They often are objective, logical fact-gatherers with a straightforward communication style. Some agency fits are producer (different sales style than the social individuals), customer service, operations manager, service processing, and administrative support. Pace. People who operate with a natural sense of urgency often are multitasking and handle interruptions and change easily; they are bored by too much predictability. Some agency fits are producer, sales manager, and account manager. People who prefer order and predictability are naturally patient, methodical, and routine oriented. They like to finish what they start versus managing interruptions and navigating last-minute priority shifts. Agency fits could include service processing, customer service, accounting, and IT/system administrator. Structure. Individuals with a low need for structure, or a high need for independence, are big-picture focused, make decisions with limited

information, and are resilient to rejection and criticism. This natural resilience is another key performance indicator for sales and leadership roles. Some agency fits are producers and managers.

goal is finding that 1-in-100 professional who will stay long enough to achieve financial success. But, how do you identify that one who will become your Greatest Of All Time?

And finally, individuals with a high need for structure are compliant, meticulous, and prefer to make decisions within fixed parameters. There is a focus on the details that makes them well suited for customer service, support, and other nonsales/ leadership roles that require a procedural focus and accuracy.

Sheaffer is chief product officer at The Omnia Group, an employee assessment firm providing the power of behavioral insight to help organizations make successful hires and develop exceptional employees. She joined Omnia as an analyst in 1998 and is a subject matter expert in using Omnia’s 8 columns as a tool to make moreinformed hiring and development decisions and effectively engage staff. She works directly with clients and Omnia staff to provide a deeper understanding of how to use personality data to meet business goals. Sheaffer provides strategic direction on client requests, projects and product training sessions. PIA Northeast members receive one complimentary behavioral assessment—a $140 value. For more information, or to arrange for your free profile, call (800) 525-7117 or email info@ omniagroup.com, and don’t forget to mention your PIA membership.

How to identify top talent Just like every professional sports team, every agency wants to bring in a superstar. Once the papers are signed though, most are just hoping the new hire lasts a full year. The

In today’s hiring environment, the answer is data. Use all the tools at your disposal so you have as much information as possible to make the best decision possible. Data is your way to hire right the first time.

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KELLY DONAHUE-PIRO President, Agency Performance Partners

Know the right fit before you need to hire

Recruit 365 days of the year

I hear it every day from my clients and agency owner colleagues: “It’s hard to hire.” Yes, it is hard—and with the pandemic and the economy the way it is now— it’s even harder than it once was. However, we can do hard things, and in fact, we must do hard things. For almost all agencies, payroll is the No. 1 expense, so it is imperative that we find the best people.

Next, candidates are looking for something inspiring— and let’s face it, in insurance—we aren’t always inspiring. Candidates want a position that honors their personal life as well. Finally, you must act fast. Candidates do not wait around anymore. It is critical that every day you keep an eye out for candidates as they come in—and respond to them quickly.

All too often, agency owners keep the wrong people or hire the wrong people out of desperation rather than preparation. What agency owners need is simply a better plan and outlook. In this article, we want to give you several hiring strategies that might help. If you can master all of them, you will have the winning ticket to getting the best talent for your insurance agency.

Perhaps the biggest shift in recruiting is the passive candidate. This type of candidate is not actively looking for a new job, but if he or she is invited to apply for one—or if something interesting was presented to the person—he or she would entertain the idea. Personally, I have not applied for a position since I was graduating college. From that time on, I worked my network when I was ready for my next opportunity. People spent time with me and nurtured the relationship. It’s a big decision to change jobs, and the top talent wants to come on board with time to understand and build relationships. Your agency needs to build a bench of candidates and not just hire when you are desperate. Let’s review top strategies for getting your agency recruiting ready.

Let’s start with a moment of honesty: Hiring has changed. In the past, you could post an ad, get candidates, and make a hire. Candidates were lucky to have the opportunity. However, today there are a few factors that have changed the hiring process. First, candidates can apply using a mobile phone app easily and quickly. They can take a quick glance at your posting and decide if they want to apply. This means your posting must be attractive.

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Commit to forever-recruiting Forever-recruiting is the plan to look for top talent to join your team constantly—even if there is not an open spot now. This is the idea that you are building relationships and strengthening your bench. Remember, the top candidates are not actively looking—they do not have to be. When something changes (and it will), you want to be the first person they call. Since payroll is your biggest expense, this also means that people in the organization must oversee recruiting. They should be attending insurance events, meeting people for lunch, and connecting with marketing representatives about market changes. When a great person comes in, start the formal

On the contrary, this helps empower the agency. When you have a bench of talent, you are empowered to not overly stress your team. Every agency owner has had someone quit unexpectedly, get sick, or stop performing. You either hold on to the wrong people, or when someone leaves, we put more on the remaining team members without any tangible benefit to them for working harder. As the agency leader, it is your responsibility to be prepared for the worst. Holding on to the wrong team member out of desperation or getting caught off guard by a team member departing can be the worst. Commit to forever-recruiting by attending insurance events, identifying the best people in your area and networking with them, and let everyone know you are open and ready to hire.

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interview process—again, even if you do not currently have a position available. Being overstaffed is not the worst thing in the world.

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This section again delves into the idea that the game has changed. The employer used to have the upper hand by offering a solid paycheck. Today, there is more than a paycheck on the line. People want culture, fair pay, benefits, time off, and flexibility. These are features that many insurance agencies have struggled with executing. The struggle has come from the lack of a solid infrastructure within the business. Too many agencies are operating from feelings rather than facts; this is stifling growth and the opportunity for creativity. Understanding what is important to each role in your organization will help you build a culture and work-

place that the top team members want to be a part of. For example, if most account managers are working moms, how can you support them and make their lives a little easier? Is there an opportunity for them to work from home, have flex time, and can you celebrate their kids’ milestones with them? Where many agencies get jammed up is when they look at what team members are not doing: They are not cross-selling, they are behind, they don’t sell. Instead, you must let them know the role and be transparent in the reporting on it. I encourage everyone to start by writing down why someone would want to work for you. Now, cross out pay and get granular on what you do. Next, how close is your environment to what is listed? Your culture and environment are the stars of your job posting to attract talent.

Push/pull strategy With our forever-recruiting strategy, you should always be looking, by posting jobs, networking, and asking everyone you know to recommend top talent. Let’s will review how to use job posting sites like Indeed and ZipRecruiter for postings and connecting. Job postings. With foreverrecruiting you should have a solid job posting on all the major job sites (this is mainly Indeed and ZipRecruiter). You should maintain a small budget on the job posting so it’s showing in search rankings. In addition, when you are gearing up to look out of need, you should increase your spending. There are a few vital items in your job posting. Perhaps the most important is the job title. This is what will match candidates with your open position. The search algorithms rely heavily on the job

title to match candidates to the position. Make sure your posting has the keywords that will attract the talent you are searching for to fill your position. Next, your job posting should look more like a dating ad than a job posting. Yes, a dating ad. In a dating ad, there are pictures and personality. In a job ad you are listing responsibilities. In a dating ad, you are listing features. Your posting should be fun and engaging. Remember, most candidates are scrolling through and you must catch their eye to bring them into your hiring process. Last, but not least, while uncomfortable, you should post the compensation. There is no sense in having a conversation with someone who is not in your ball park. In addition, this alone may encourage those who are underpaid to apply. Many agents shy away from this; however, it lends to being transparent about the position upfront. Sourcing candidates from job posting websites. In almost of the top job-posting websites, you can search for people who may fit the candidate you need. The trends are showing that this is proving more of a winning strategy. For a small fee, when you find a resume you like, you can reach out via the website. This allows you to invite the candidate to apply. Under the concept of the passive candidate, this is a great way to meet people who may not be actively looking, but who would certainly entertain the idea of a better opportunity. When you proactively reach out, you need to be prepared. You should try to find them on LinkedIn, and your introduction message should be specific, personalized, and complementary. You want to show the candidate you are interested and looking to connect. This is a great method for building a network of top candidates. Your interview strategy. Once you get candidates, you want to put everyone through a thorough and fun process. Your agency should always start with a phone interview. Today, you must be able to communicate well on the phone—so a phone interview is a great way to test phone skills while managing your time. Then, there should be two formal in-person interviews—one with leadership and one with the team. I strongly recommend reference list checks before making a job offer. Your interview questions should be situational; many agencies ask candidates questions about their resume. (Hint: You have that in front of you.) Ask questions around how they cross-sell or handle rates. With the difficulties in hiring, all insurance agencies need to take this as an opportunity to improve your hiring strategy and take a fresh new approach to attract the best talent to your team! As the founder of Agency Performance Partners, Donahue-Piro has helped hundreds of insurance agencies boost revenues, profits and efficiency. If you would like to see sample brand guides, visit agencyappeal.com/brand-guide-examples/. Reach her at (401) 415-6205 or kelly@agencyperformancepartners. Or, connect with her on social-media platforms.

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No Foolin’—April Is The Perfect Time For CE Earn CE and brush up on personal lines, commercial lines, and additional insureds knowledge.

Online CE Courses to Consider

This month, you have a multitude of opportunities to earn continuing-education credits that will help you develop and strengthen your skills as an independent insurance agent. The way we see it, when you invest in yourself, you invest in your agency and your insureds—you simply can’t afford not to. Register today on the PIA Northeast education schedule.

April 5: Caveat Emptor! Renting Vehicles (Hired and Non-Owned Autos) April 6-7: 2022 Ruble Graduate Seminar* April 13-14: 2022 CIC PL: Personal Lines Institute April 22: Insurance Trivia—Testing Your Personal Lines and Commercial Lines Knowledge April 26: 2022 CISR 1IC (Commercial Casualty I) CGL, Additional Insureds May 11: 2022 CIC CP: Commercial Property Institute May 18: 2022 Ruble Graduate Seminar May 24: CPIA Advanced: Topic TBD May 25: Commercial Lines Cancellations Refresh May 26: E&S for Retail Brokers Refresh

*This class also will be held in-person.

Contractors: Five key CGL coverage traps Insuring contractors is not for the faint of heart—there are numerous commercial general liability traps and minefields to guard against. While an unendorsed CGL does a fairly good job of insuring many of a contractor’s primary exposures, a producer is hard-pressed to find that unendorsed CGL. Here are some of the things to look for when reviewing a contractor’s CGL policy or quote.

Covered operations Absent fraud or misrepresentation, the CGL policy covers all an insured contractor’s operations. If your siding contractor decides to take a roofing job, there is coverage. Many insurers don’t like the idea of covering unknown exposures, so they have taken steps to restrict coverage. Some add endorsements—specifically excluding certain operations such as roofing, EIFS, or snow removal. Some add prior-work exclusions to remove coverage if the work was done prior to the policy term or some other specified date. Others specifically limit coverage to certain operations listed on an endorsement. One of the trickiest endorsements is a Designated Classifications endorsement; these nonstandard forms limit coverage to operations for which a classification code appears on the general liability hazard schedule. Any insurance producer who has worked with CGL classifications knows that it is not always easy to find the right classification. And, how is the insured contractor to know that class code 91342 Carpentry (NOC) does not cover construction of a single-family home? Residential work is a particular concern for many insurers due to construction defect claims. Many insurers add exclusions to remove coverage for residential projects. There are myriad issues to consider with such endorsements. How is residential defined—does it include houses, condos, apartments, mixed-use buildings? And, does the insured contractor understand the CGL coverage trigger well enough to know that residential work done seven years ago that results in bodily injury tomorrow won’t be covered if tomorrow’s policy includes a residential exclusion? In fact, how many contractors will remember that one-time residential job done seven years ago?

Contractual liability The unendorsed CGL policy provides coverage for many claims involving bodily injury or property damage when the insured has agreed to indemnify

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or hold harmless a third party. There are several endorsements commonly used, though, to limit this coverage. The Contractual Liability Limitation endorsement (CG 21 39) amends the definition of insured contract, removing coverage for any type of agreement that doesn’t fall into one of five categories. Most of the contracts our insured contractors enter into are no longer covered. The Amendment of Insured Contract Definition endorsement (CG 24 26) is used even more frequently. This endorsement eliminates coverage for broad form indemnification agreements, agreements wherein the insured has agreed to indemnify another even if the insured has done nothing to contribute to the loss. Whether such agreements are enforceable in construction contracts depends on the jurisdiction and type of work, but such a reduction in coverage can be problematic.

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CATHERINE TRISCHAN, CPCU, CIC, CRM, ARM, AU, AAI, CRIS, MLIS Director, commercial underwriting, E&K Insurance Group

Subcontractor warranties/ conditions Many nonadmitted carriers add endorsements that negatively impact the insured if certain controls regarding subcontractors are not in place. There are two things to consider with these endorsements: 1. What is the insured required to do?, and 2. What is the consequence 31

if the insured doesn’t do it? Requirements range from getting a certificate of insurance before work begins to having a hold-harmless agreement to having certain coverage features on the subcontractor’s CGL policy. Penalties can include no coverage, a higher deductible, or a dramatically reduced limit—and often an additional premium to go along with the coverage reduction. Some of the requirements in these endorsements can be difficult for a contractor to comply with, so it is important that the insured fully understand his or her responsibilities.

Employee/subcontractor injuries Injuries to employees on a jobsite are some of the most common CGL claims. A general contractor, in its unendorsed CGL, has coverage when a subcontractor’s employee is injured and files a lawsuit. A subcontractor, in its unendorsed CGL, normally has coverage for its agreement to indemnify the general contractor in the event of an employee injury. The general contractor also normally has coverage for this type of claim on the subcontractor’s policy if the general contractor has been added as additional insured. There are multiple ways, though, that insurers amend the CGL to remove coverage for this exposure. On the general contractor’s policy, an insurer might add an exclusion for injury to subcontractors or their employees. It might also redefine employee to include subcontractors and their employees so that the Employers’ Liability exclusion applies to the loss. On the subcontractor’s policy, an insurer might add an Action-Over exclusion, which usually is a modification of the Employers’ Liability exclusion. Another approach is to add a cross-suits exclusion removing coverage for claims by any insured against any other insured. With this approach, the additional insured general contractor has no coverage on the subcontractor’s policy when an injured employee who also is an insured files suit.

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Pollution Despite its reputation regarding pollution, the unendorsed CGL policy provides quite a bit of pollution coverage for the contractor who isn’t an environmental contractor and who doesn’t bring pollutants to the jobsite. For example, a contractor who breaks ground and hits an oil line, releasing pollutants, has coverage; or an HVAC contractor has completed operations coverage when carbon monoxide escapes from a system he installed. Many insurers, both admitted and nonadmitted, add exclusions to remove all or most of the pollution coverage. Some insurers add additional exclusions involving silica, lead, asbestos and other pollutants. These are just some of the ways that insurers attempt to limit their exposure by reducing coverage for the insured contractor. A producer who is on guard, though, will spot the traps and make sure that his or her contractor client has the coverage he or she needs—or at the very least, fully understands the limitations in the program he or she purchases. Trischan is the director of commercial underwriting at the E&K Insurance Group in Eatontown, N.J. She is a regular speaker for PIA Northeast and in The National Alliance’s CIC, CISR and Ruble programs. Interest in learning more about this topic? Trischan conducted a webinar for PIA Northeast in February— Contractors: CGL Coverage Issues. To access this class, see PIA’s on-demand education schedule at www.pia.org, select the “Education” tab, then click “PIA Webinar On Demand” under “Online, on-demand.”

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Why PIA Is the Best Choice for E&O • Our professional liability and cyberliability programs are designed for your agency’s needs and risk exposures • Critical coverage options—especially important when many agents are working remotely • Top-rated, stable E&O carriers • Experience & expertise from our team

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Failure to obtain, maintain proper coverage A frequent cause of agents’ errors-and-omissions claims is failure to obtain/maintain proper coverage. Claims of this nature stem from claims being submitted and policyholders discovering they do not have the coverage they expected. Agents who fail to ask the right questions and review coverage are leaving themselves open to E&O claims. What can you do to avoid these claims?

Documentation

Risk analysis

Signed, fully completed applications. If possible, have the client initial each page to confirm that the information is correct.

It is crucial for agents to perform thorough risk analysis when placing coverage to avoid E&O claims. Use checklists. Checklists are a great tool to ensure you are not missing vital information on new and renewal business. If possible, have the client review the checklist and acknowledge that all information has been provided. Contact person. Are you speaking to the person who can best supply the information needed to accurately cover the risk? Mirroring coverage. When changing carriers, review the current policy to ensure you are mirroring coverage and point out any coverage differences to the client. Not matching coverage is the most frequent cause of E&O claims on new business. Renewals. Review the policy with the client to determine if any adjustments need to be made due to a change in circumstances. If there are any changes to coverage, this should be pointed out to the client and alternatives offered if necessary. Do not depend on your carriers to inform you of changes to the coverage.

Manage client expectations Clients often expect their insurance to cover everything. They don’t want to take the time to understand the coverage and they will try to put the burden of covering their risks properly on the agent. You need to point out significant exclusions or restrictions to coverage; and avoid using language such as apples to apples, comprehensive or fully covered. This can give the impression of broader coverage than a policy provides. You also need to use disclaimers on your coverage proposals to put more responsibility on the client.

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E&O

TABITHA L. DE GIROLANO, RPLU Executive commercial lines underwriter, E&O risk management specialist, Utica National

Thorough documentation of the transaction is critical to defending yourself in the event of an E&O claim. In a he-said, she-said scenario, the agent will lose. You need to have:

Coverage refusals. Rejections of optional coverages, refusals of higher limit offers, when a client chooses to self-insure parts of a risk, etc. Clear communication. If you are unable to obtain the coverage the client needs, this needs to be communicated clearly in writing as soon as possible. Written backups. Back up any verbal communications with an insured in writing. This will help avoid miscommunications and it gives the client an opportunity to respond to you.

Could this happen? Consider the following scenarios: An agency placed a commercial property policy for the customer that contained a vacancy exclusion. The structure became vacant. The policy renewed several times. The structure remained vacant, and the property policy continued to contain a vacancy

exclusion. The structure suffered damage. The carrier disclaimed based upon the vacancy exclusion. Litigation ensued involving the customer, agency and property carrier that was resolved via settlement. Over $400,000 was paid by the agent’s E&O. Lesson: Always query your renewals to see if their circumstances have changed. A customer was engaged in the renovation of an existing structure and requested a builder’s risk policy from the agency. The agency submitted an application to a wholesaler requesting coverage for the existing structure and renovations. The wholesaler provided a quote for a builder’s policy that covered renovation, but not existing structures. The agency accepted the quote, but it did not notice that the existing structure was excluded. The building then suffered a fire loss during the renovation. The carrier disclaimed for any damage to the existing structure. Litigation ensued involving the customer, agency, wholesaler and builder’s risk carrier that was resolved via settlement. Over $200,000 was paid by the agent’s E&O. Lesson: Always double-check your quotes to ensure that the coverages requested were included. Applying these practices can help mitigate your exposure to E&O claims while also providing better service to your clients.

Utica National Insurance Group and Utica National are trade names for Utica Mutual Insurance Company, its affiliates and subsidiaries. Home Office: New Hartford, NY 13413. This information is provided solely as an insurance risk management tool. Utica Mutual Insurance Company and the other member insurance companies of the Utica National Insurance Group (“Utica National”) are not providing legal advice, or any other professional services. Utica National shall have no liability to any person or entity with respect to any loss or damages alleged to have been caused, directly or indirectly, by the use of the information provided. You are encouraged to consult an attorney or other professional for advice on these issues. © 2022 Utica Mutual Insurance Company

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NIPR–license renewal, text messages and more Credit and travel authorities Q. I just got my Connecticut producer’s license renewal in the mail. It now states on the license “credit and travel.” What are those, and will I have to take continuing-education credits for those? A. In speaking with the supervisor of the Connecticut Insurance Department, licensing division, “credit and travel” authorities always have been included in the standard lines of authority (at least since 1999)—and yes, they always have been printed on licenses. Credit includes: • credit life, • credit disability, • credit property,

A. As Connecticut’s laws are written, your terminated agent’s rights are clear only if the company terminates you—not vice versa (see C.G.S.A. 38a-709). The law protects you from termination based solely on a two-year loss ratio, so your inability to get the figures the company is using prevents you from knowing whether the company is complying with the law (see C.G.S.A. 38a-710). —Katherine Slye-Hernandez, Ph.D.

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NIPR–license renewal

• credit unemployment, • involuntary unemployment, • mortgage life, • mortgage guaranty, • mortgage disability, • guaranteed auto protection, and • any other insurance offered in connection with an extension of credit (credit training must be provided by the appointing insurance company prior to appointing). Travel includes: travel accident & baggage and trip cancellation. The good news is that there are no required CE course hours associated with credit and travel.—Bradford J. Lachut, Esq.

Agency termination Q. One of the companies I represent just confronted me with a nine-year loss ratio, and it asked me to voluntarily terminate my contract with it. The company says that it will then re-appoint me for commercial lines only. I cannot get the loss and reserve figures it is using to arrive at this loss ratio. Is there any reason why I shouldn’t comply with the company’s request for voluntary termination?

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Q. I’m an agency owner and listed as the responsible producer for my agency. I hold a valid property/casualty license. Why won’t the National Insurance Producer Registry website let me renew the agency license? A. Most likely, your agency is licensed in additional lines, such as life & accident or health or personal lines—depending on your state. The NIPR will not let you renew your agency’s license unless each line of coverage is represented with at least one responsible producer. In short, every line of insurance your agency sells must be represented by a responsible producer when you enter the NIPR system.—Clare Irvine, Esq.

Marketing text messages Q. Do I need my current and prospective clients’ permission to send them marketing text messages? A. According to the Federal Communications Commission Telephone Consumer Protection Act, in order to send marketing text messages to nonclients, you must get prior, written consent. That could be texting to a number to receive the text messages or inputting information into a form on a website to indicate that a person wishes to receive marketing text messages from you. You also must offer an opt-out option—so people can stop receiving your messages if they so choose. Marketing messages to clients can be sent without prior written consent because a business relationship exists. However, you must offer clients the ability to opt out of receiving the messages if they so choose. For a sample electronic consent form, see Sample electronic delivery consent form in the PIA QuickSource library. Additionally, you can learn more about the FCC Telephone Consumer Protection Act rules online at www.fcc.gov/sites/ default/files/tcpa-rules.pdf.—Katherine Slye-Hernandez, Ph.D.

Citizenship requirements for licensing Q. Can a noncitizen be an insurance agent? A. Yes. On the application to become an insurance agent, there is a citizenship question. If an individual is a noncitizen, it indicates that he or she must supply proof of eligibility to work in the U.S.—Katherine Slye-Hernandez, Ph.D.

Interns under the FLSA Q. Are interns treated as employees under the federal Fair Labor Standards Act and, therefore, subject to the minimum wage and overtime rules? A. Covered and nonexempt individuals who are employed to work must be compensated under the FLSA for the services they perform for an employer. Internships in the for-profit sector most often will be viewed as employment unless the following criteria—which was revised Jan. 5, 2018—have been met: 1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee—and vice versa. 2. The extent to which the internship provides training that would be like that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions. 3. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit. 4. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.

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5. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning. 6. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern. 7. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship. If all the factors listed above are met, an employment relationship does not exist under the FLSA, and the act’s minimum wage and overtime provisions do not apply to the intern. As you can see, this exclusion from the definition of employment is quite narrow because the FLSA’s definition of “employ” is broad. For additional information, see Fact Sheet No. 71: Internship Programs Under The Fair Labor Standards Act, distributed by the U.S. Department of Labor Wage and Hour Division.—Dan Corbin, CPCU, CIC, LUTC

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