Uncategorized – North Risk Partners https://northriskpartners.com Mitigate Your Risk Wed, 05 Aug 2026 16:21:37 +0000 en-US hourly 1 https://wordpress.org/?v=7.0.3 https://northriskpartners.com/wp-content/uploads/2013/10/cropped-site-icon-1-32x32.png Uncategorized – North Risk Partners https://northriskpartners.com 32 32 Preparing Jobsites for Severe Weather https://northriskpartners.com/preparing-jobsites-for-severe-weather/ Mon, 20 Jul 2026 13:10:03 +0000 https://northriskpartners.com/?p=31649

Severe weather conditions can be detrimental to worksites by damaging equipment, compromising structural integrity, delaying project timelines, and putting workers at risk. However, employers can take measures to reduce these risks. This blog outlines common weather hazards affecting construction sites and provides practical steps employers can take to prepare for severe weather.

Types of Weather Hazards

Extreme weather can come in many forms. Before preparing your jobsite, it’s important to understand the types of severe weather conditions most likely to affect it, which can vary by season and location. The following are common weather conditions that can impact jobsites:

  • Strong winds—High winds, which can accompany tornadoes or hurricanes, can bring unwanted debris into the jobsite, throw equipment around and, in extreme cases, compromise the integrity of a structure.
  • Heavy rain and flooding—Water is one of the most damaging forces to any jobsite. Jobsites with incomplete drainage may become flooded, and heavy rain can damage unprotected electrical equipment.
  • Winter conditions—Winter weather brings its own unique set of exposures, such as ice that poses slip, trip and fall hazards as well as cold temperatures that may lead to hypothermia.

How to Prepare the Jobsite

While employers may not be able to weatherproof their jobsites fully, the following measures can help prevent damage and allow construction crews to continue work as soon as possible:

  • Develop an emergency action plan. Create a detailed and well-practiced plan that accounts for site-specific exposures, protects equipment and workers, and assigns clear roles to employees. Review and update the plan regularly, especially at the start of severe weather seasons.
  • Monitor the weather continuously. When inclement weather is forecasted, designate one person to monitor for weather alerts. Keep a weather radio or computer on-site at all times. Establish clear thresholds, such as wind speeds or storm categories, that will automatically trigger your emergency action plan.
  • Communicate with local building officials to align plans and verify the site does not pose risks to nearby properties or residents.
  • Secure or remove equipment and materials in preparation for a storm or severe weather. Be sure to include dumpsters, cranes, signage, electronics and documents, hazardous chemicals, and utility systems, among other equipment. For machinery, follow manufacturer guidelines for proper operation and storage, and do not operate machinery during a storm.
  • Prepare for water intrusion and debris. Create and maintain temporary drainage systems in areas that are especially susceptible to flooding. Do not install finished elements such as flooring and drywall until windows, doors, and the roof have been installed and made watertight. If necessary, install temporary roofs where installation of the permanent roof may be delayed. Additionally, have a plan to remove any storm debris after severe weather.
  • Secure the structure. Consider boarding windows, doors, and openings and building a sandbag perimeter to prevent flooding. Brace framing and anchor walls to the framework as soon as it is constructed. Pay special attention to any partially completed sections of the structure that may be more vulnerable to wind or rain damage.
  • Conduct a post-storm evaluation. Before resuming work, carefully inspect the site to identify damaged equipment and areas that require attention to protect worker safety.

If you have questions, please contact a North Risk Partners Advisor.

This blog is not intended to be an exhaustive source of information nor should any discussion or opinions be construed as legal advice. Readers should consult legal counsel or a licensed insurance professional for appropriate advice. © 2026 Zywave, Inc. All rights reserved.

]]> 7 Best Practices to Prevent Heat Illness on the Job https://northriskpartners.com/7-best-practices-to-prevent-heat-illness-on-the-job/ Mon, 20 Jul 2026 13:00:17 +0000 https://northriskpartners.com/?p=31645

Construction workers face an increased risk of heat illness and even death due to physical exertion, direct sun exposure, and limited access to shade and cooling measures on jobsites. OSHA’s General Duty Clause requires employers to protect workers from heat hazards. Construction employers can help maintain compliance by implementing the following seven best practices.

  1. Develop a written heat illness prevention plan. Employers should create a plan that addresses daily oversight, employee heat tolerance, work practices and controls to reduce heat stress, heat-stress measurement, and training for workers and supervisors. Each heat illness prevention plan should be site-specific, based on crew size, nature of work, site layout, location and available resources. This ensures that preventive measures aren’t a generic checklist but instead reflect the actual conditions workers encounter.
  2. Monitor the heat index. Effective heat management requires employers to monitor the heat index throughout the day rather than relying solely on temperature. Employers should use a reliable heat monitoring method, such as a wet-bulb globe temperature meter, and adjust work-rest schedules, hydration requirements and other heat controls as conditions change. Occupational heat exposure is determined by physical activity, air temperature, humidity, sunlight, heat sources, air movement and workers’ clothing.
  3. Establish work-rest cycles. Effective work-rest cycles are determined by the heat index and the intensity of work (e.g., running a plate compactor in direct sun versus doing finish work in the shade). Employers should encourage frequent rest and cooling breaks during high-heat conditions. Job rotation is another option, where high-intensity work is scheduled for cooler times, such as the morning, or moved to a cooler area.
  4. Have water available on-site. Adequate hydration is vital to preventing heat illness. Employers should ensure that there is plenty of water available at the active worksite, not a distance away at a trailer or office, to encourage employees to hydrate frequently.
  5. Provide cooling personal protective equipment (PPE). Standard PPE can actually trap heat and accelerate heat stress. Employers should provide construction workers with PPE well-suited to hot conditions. This can include cooling towels and bandanas, moisture-wicking base layers, ice- or gel-cooling vests, and hard-hat sun shields.
  6. Make shaded break areas accessible. Shaded or climate-controlled recovery areas should be easily accessible from active work zones. Such areas may include tents, canopies or air-conditioned trailers located close enough for workers to use during scheduled and unscheduled cooling breaks. Workers lose much of the recovery benefit when they must travel long distances to reach a cooling area.
  7. Implement an acclimatization period for new and returning workers. Employers should implement a structured acclimatization program for new hires, workers returning from extended absences and employees exposed to significantly hotter conditions than they are accustomed to. Workloads and heat exposure should be gradually increased over several days, while supervisors monitor workers for signs of heat-related illness. Heat acclimatization is critical because it increases workers’ tolerance and reduces heat-related risks.

Considering that peak heat illness season is here, employers should verify that these seven practices are implemented on their jobsites to help maintain compliance with OSHA standards and protect workers.

If you have questions, please contact a North Risk Partners Advisor.

This blog is not intended to be an exhaustive source of information nor should any discussion or opinions be construed as legal advice. Readers should consult legal counsel or a licensed insurance professional for appropriate advice. © 2026 Zywave, Inc. All rights reserved.

]]> HR Bootcamp Seminar – Plymouth, MN https://northriskpartners.com/hr-bootcamp-seminar-plymouth-mn/ Sun, 19 Jul 2026 16:18:32 +0000 https://northriskpartners.com/?p=31604

Thursday, August 13
9:00 a.m. – 3:30 p.m. CT

This HR seminar will address current industry topics, case studies, and practical tools to apply in the workplace.

Topics covered will include:

  • Equal Employment Opportunity (EEO) Compliance
  • Family and Medical Leave Act (FMLA) Compliance*
  • Performance Management
  • Coaching Managers on Conflict Resolution, Giving Feedback, & Handling Difficult Conversations
  • How AI is Changing the Workplace
  • Religious Accommodations
  • Employee Handbooks

*MN Paid Leave will also be covered.

 

We'll end with a live Q&A, giving attendees the opportunity to ask questions specific to their organization and leave with actionable takeaways.

 

Seminar presented by:
Jordan Cardenas
Attorney
Wagner, Falconer & Judd

Andy Johnson
Attorney
Wagner, Falconer & Judd

Want to register for this event?

Contact your North Risk Partners advisor. Don’t have an advisor? We’ll help you find one.

Find An Advisor
]]> HR Bootcamp Seminar – Omaha, NE https://northriskpartners.com/hr-bootcamp-seminar-omaha-ne/ Sat, 18 Jul 2026 16:19:02 +0000 https://northriskpartners.com/?p=31619

Tuesday, August 18
9:00 a.m. – 3:30 p.m. CT

This HR seminar will address current industry topics, case studies, and practical tools to apply in the workplace.

Topics covered will include:

  • Equal Employment Opportunity (EEO) Compliance
  • Family and Medical Leave Act (FMLA) Compliance*
  • Performance Management
  • Coaching Managers on Conflict Resolution, Giving Feedback, & Handling Difficult Conversations
  • How AI is Changing the Workplace
  • Religious Accommodations
  • Employee Handbooks

 

We'll end with a live Q&A, giving attendees the opportunity to ask questions specific to their organization and leave with actionable takeaways.

 

Seminar presented by:
Jordan Cardenas
Attorney
Wagner, Falconer & Judd

Andy Johnson
Attorney
Wagner, Falconer & Judd

Want to register for this event?

Contact your North Risk Partners advisor. Don’t have an advisor? We’ll help you find one.

Find An Advisor
]]> Spring 2026 https://northriskpartners.com/spring-2026/ Fri, 17 Jul 2026 15:40:23 +0000 https://northriskpartners.com/?p=31627
Click Here to View the Spring 2026 Edition of The Advisor
]]> HR Bootcamp Seminar – West Des Moines, IA https://northriskpartners.com/hr-bootcamp-seminar-west-des-moines-ia-3/ Thu, 16 Jul 2026 16:19:34 +0000 https://northriskpartners.com/?p=31615

Thursday, August 20
9:00 a.m. – 3:30 p.m. CT

This HR seminar will address current industry topics, case studies, and practical tools to apply in the workplace.

Topics covered will include:

  • Equal Employment Opportunity (EEO) Compliance
  • Family and Medical Leave Act (FMLA) Compliance*
  • Performance Management
  • Coaching Managers on Conflict Resolution, Giving Feedback, & Handling Difficult Conversations
  • How AI is Changing the Workplace
  • Religious Accommodations
  • Employee Handbooks

 

We'll end with a live Q&A, giving attendees the opportunity to ask questions specific to their organization and leave with actionable takeaways.

 

Seminar presented by:
Jordan Cardenas
Attorney
Wagner, Falconer & Judd

Andy Johnson
Attorney
Wagner, Falconer & Judd

Want to register for this event?

Contact your North Risk Partners advisor. Don’t have an advisor? We’ll help you find one.

Find An Advisor
]]> HR Bootcamp Seminar – St. Cloud, MN https://northriskpartners.com/hr-bootcamp-seminar-st-cloud-mn-3/ Wed, 15 Jul 2026 16:19:24 +0000 https://northriskpartners.com/?p=31609

Tuesday, August 25
9:00 a.m. – 3:30 p.m. CT

This HR seminar will address current industry topics, case studies, and practical tools to apply in the workplace.

Topics covered will include:

  • Equal Employment Opportunity (EEO) Compliance
  • Family and Medical Leave Act (FMLA) Compliance*
  • Performance Management
  • Coaching Managers on Conflict Resolution, Giving Feedback, & Handling Difficult Conversations
  • How AI is Changing the Workplace
  • Religious Accommodations
  • Employee Handbooks

*MN Paid Leave will also be covered.

 

We'll end with a live Q&A, giving attendees the opportunity to ask questions specific to their organization and leave with actionable takeaways.

 

Seminar presented by:
Jordan Cardenas
Attorney
Wagner, Falconer & Judd

Andy Johnson
Attorney
Wagner, Falconer & Judd

Want to register for this event?

Contact your North Risk Partners advisor. Don’t have an advisor? We’ll help you find one.

Find An Advisor
]]> Individual Coverage HRAs (ICHRAs) https://northriskpartners.com/individual-coverage-hras-ichras/ Tue, 14 Jul 2026 18:10:49 +0000 https://northriskpartners.com/?p=31534

Individual Coverage Health Reimbursement Arrangements (ICHRAs) are employer-funded health plans that allow tax-favored reimbursement of individual health insurance premiums, including Medicare, and other qualifying medical expenses. Unlike traditional group health plans, ICHRAs shift plan selection to employees while allowing employers to maintain cost control and reduce administrative complexity. Employees purchase their own individual health coverage or enroll in Medicare, and employers reimburse eligible expenses up to a defined amount.

When Do ICHRAs Make Sense?

ICHRA adoption has grown as employers look for alternatives to traditional group health plans. It can be especially attractive for employers struggling with participation requirements, high turnover, or geographically dispersed workforces. Employers that have experienced rising premiums due to unfavorable claims experience may also find value in transitioning to individual coverage, where rates are community-based rather than employer-specific.

ICHRAs provide a way to extend benefits to part-time employees or other populations that are not typically eligible for group health coverage. An ICHRA can also serve as a strategy to meet employer mandate requirements under §4980H for applicable large employers.

How Does Funding and Reimbursement Work?

ICHRAs provide employers with significant flexibility in determining contribution amounts and eligible expenses. There are no minimum or maximum funding requirements, allowing employers to align contributions with budget goals or affordability requirements under the employer mandate.

Reimbursements can be structured to cover insurance premiums, other qualifying medical expenses, or both. However, all reimbursements must comply with IRS substantiation rules, requiring appropriate documentation before payment is made. Employers may also choose whether unused amounts carry over from year to year or are forfeited at the end of the plan year.

For ICHRAs providing premium reimbursement, which they typically do, employers can require employees to pay premiums upfront and then request reimbursement, but many employers streamline the process through direct payment arrangements or reimbursement tools.

What Are the Core Design & Compliance Requirements?

To receive reimbursements through an ICHRA, employees and any covered dependents must be enrolled in individual health insurance or Medicare. Enrollment must be substantiated both annually and each time expenses are submitted for reimbursement.

Employers must offer ICHRAs consistently within defined classes of employees, such as full-time, part-time, salaried, hourly, seasonal, or employees working in a specific geographic location. It is not possible to offer an ICHRA solely to those who are Medicare-eligible. Employers cannot offer employees a choice between a traditional group health plan and an ICHRA within the same class.

ICHRAs require advance notice to eligible employees, generally at least 90 days before the start of the plan year. This notice is intended to help employees understand how the ICHRA works and how it may impact eligibility for subsidies through the public Marketplace.

Are There ACA Employer Mandate or Reporting Considerations?

For applicable large employers, ICHRAs can be used to satisfy §4980H offer of coverage requirements. An ICHRA qualifies as an offer of minimum essential coverage, and if structured correctly, can also meet affordability and minimum value standards.

Affordability is determined based on the cost of the lowest-cost silver plan available to the employee, reduced by the employer’s ICHRA contribution. If the remaining cost to the employee falls within IRS affordability thresholds, the coverage is considered affordable. Safe harbor methods based on the federal poverty level, rate of pay, or Form W-2 wages may be used to confirm affordability.

Applicable large employers offering ICHRAs must report offer of coverage information on Form 1095-Cs. In addition, since an ICHRA is a self-funded minimum essential coverage, any size employer offering an ICHRA must report ICHRA enrollment information on Form 1095-Bs or Form 1095-Cs (Part III).

How do ICHRAs Interact with Premium Tax Credits?

The availability of an ICHRA affects an employee’s eligibility for premium tax credits (PTCs) through the Marketplace. If an ICHRA offering is affordable, the employee (and any eligible dependents) will not qualify for a PTC, even if they decline the ICHRA. If the ICHRA offering is not affordable, the employee may choose between enrolling in the ICHRA or receiving a PTC but cannot receive both.

Are There Any Additional Compliance Considerations?

ERISA

ICHRAs are group health plans subject to ERISA, meaning they must comply with plan documentation and reporting requirements. However, individual policies purchased by employees can remain outside ERISA if the employer does not endorse specific carriers and meets certain safe harbor requirements.

COBRA

COBRA continuation coverage applies to ICHRAs, although it is often not a practical option due to cost. Employers must still offer COBRA continuation for the ICHRA following qualifying events, allowing participants to continue accessing reimbursements if they elect coverage and pay the COBRA premium.

HSA Eligibility

ICHRA design can also impact health savings account (HSA) eligibility. Plans that reimburse only premiums generally preserve HSA eligibility, while broader reimbursement designs may disqualify participants from contributing to an HSA unless the ICHRA is designed to be post-deductible or available solely to reimburse excepted benefits (e.g., dental or vision expenses).

PCORI

ICHRAs are subject to various nondiscrimination rules and other compliance requirements, including PCORI fees, Medicare Secondary Payer rules, and age discrimination considerations. Employers must ensure that plan design does not disproportionately favor highly compensated employees or otherwise create compliance risks.

Summary

ICHRAs offer a flexible alternative to traditional group health plans by allowing employers to define contributions while giving employees greater control over their health coverage choices. When properly designed and communicated, they can provide cost predictability for employers and meaningful choice for employees. However, successful implementation requires careful attention to eligibility rules, affordability standards, and ongoing compliance obligations.

If you have questions, please contact your North Risk Partners Risk Advisor. Don't have an advisor? No problem. We'll help you find one.

Find an Advisor

While every effort has been taken in compiling this information to ensure that its contents are totally accurate, neither the publisher nor the author can accept liability for any inaccuracies or changed circumstances of any information herein or for the consequences of any reliance placed upon it. This publication is distributed on the understanding that the publisher is not engaged in rendering legal, accounting, or other professional advice or services. Readers should always seek professional advice before entering into any commitments.

]]> Form 5500s for Health & Welfare Plans https://northriskpartners.com/form-5500s-for-health-welfare-plans/ Tue, 14 Jul 2026 18:04:22 +0000 https://northriskpartners.com/?p=31529

The Form 5500 Series is part of ERISA’s reporting and disclosure framework and serves as a key compliance tool for the Department of Labor (DOL), plan participants, and other government agencies. For health and welfare plans, the Form 5500 is an annual filing that provides information about an employer’s ERISA benefit plans, including medical, dental, vision, life and more.

These filings are publicly available and are used to monitor compliance, evaluate benefit trends, and ensure transparency for plan participants. While retirement plans are also subject to Form 5500 requirements, this summary focuses on health and welfare plans.

Which Plans Must File

Form 5500 filing requirements apply to benefit plans that are subject to ERISA. Most employer-sponsored health and welfare benefits fall into this category.

In general, an unfunded ERISA plan, where claims and plan expenses are paid out of the employer’s general assets, must file a Form 5500 if there are 100 or more participants at the beginning of the plan year. Participant counts include covered employees and certain former employees (such as COBRA participants), but do not include spouses or dependents.

Plans that are funded (funds segregated in a separate account or trust – e.g., a VEBA) must file regardless of size. In addition, plans sponsored through a multiple employer welfare arrangement (MEWA) are subject to filing requirements even if participant counts are below 100.

Certain arrangements are not subject to ERISA and therefore do not require a Form 5500. These include plans sponsored by government or church employers, certain voluntary benefits with minimal employer involvement, and common payroll practices such as PTO or sick leave paid from the employer’s general assets.

Filing Deadlines and Process

Form 5500 filings are due on the last day of the seventh month following the end of the plan year, including short plan years. For calendar year plans, this typically means a July 31 deadline. Employers may request an automatic extension of up to 2½ months by filing Form 5558, extending the deadline to October 15 for calendar year plans.

All filings must be submitted electronically through the DOL’s EFAST2 system. Employers may prepare filings directly using the DOL’s online tools or work with third-party vendors such as consultants, accountants, or legal advisors. Individual filing credentials are obtained through Login.gov and are tied to individuals rather than specific companies.

Determining the Number of Filings

A separate Form 5500 is required for each ERISA plan. However, employers have flexibility in defining what constitutes a single plan through plan documentation. Many employers use a WRAP document to bundle multiple benefits, such as medical, dental, vision, and life insurance, into one ERISA plan.

Bundling benefits can significantly simplify reporting by allowing a single Form 5500 filing, provided the combined plan meets the filing threshold. Without a WRAP document, each benefit may be treated as a separate plan, potentially requiring multiple filings.

For employers operating within a controlled group, a single Form 5500 may be filed for a shared plan, with one entity designated as the plan sponsor. In contrast, multiple employer welfare arrangements (MEWA) may require separate filings depending on how the plan is structured and governed.

Form Structure and Required Information

The Form 5500 consists of a main body and, where applicable, supporting schedules. The main body includes three parts:

  1. Plan year, plan type, and filing type (e.g., first, final, amended);
  2. Plan identifiers (e.g., plan name, number, and effective date), plan sponsor and plan administrator’s name, EIN and contact information, participant counts at start and end of plan year, codes to indicate what types of benefit are offered, plan funding details, and which schedules, if any, are attached; and
  3. Indication of whether the plan is a MEWA required to file a Form M-1.

Additional schedules may be required depending on how the plan is funded and administered. Fully- insured plans require Schedule A, which includes insurance-related information provided by carriers. If the insurance company does not automatically furnish a Schedule A, it is the employer’s responsibility to request one. Should the carrier fail to provide a Schedule A, the employer must still complete the Schedule A to the best of their ability and indicate that the carrier failed to provide the required information.

With unfunded, self-funded plans, often only the Form 5500 main body is required, and no schedule attachments are necessary.

When multiple benefits are combined under a WRAP document, the filing must reflect the entire plan, including total participant counts and all applicable benefit types and funding sources.

Penalties and Correction Programs

Failure to file a required Form 5500 can result in significant penalties. Under ERISA, penalties can accrue daily and reach substantial amounts if left unaddressed. A filing that is rejected is treated as not filed until corrected.

To encourage compliance, the DOL offers the Delinquent Filer Voluntary Compliance Program (DFVCP), which allows employers to submit late filings with significantly reduced penalties. This program is generally available only if the employer takes action before being contacted by regulators.

Summary Annual Report (SAR)

Employers that file a Form 5500 may also be required to distribute a Summary Annual Report (SAR) to plan participants. The SAR is a simplified summary of the Form 5500 and includes basic financial and plan information, along with participant rights. In practice, SAR requirements most commonly apply to fully-insured plans (most self-funded plans are exempt). The SAR must generally be distributed within nine months after the end of the plan year, or within two months after an extended filing deadline. Distribution must comply with ERISA disclosure rules, which allow delivery by mail, hand, or electronically under certain conditions.

Key Takeaways

Form 5500 compliance is an important component of ERISA plan administration and requires careful attention to plan structure, participant counts, and funding arrangements. Employers should regularly review their benefit structure, confirm whether filing thresholds are met, and ensure that filings are completed accurately and on time.

If you have questions, please contact your North Risk Partners Risk Advisor. Don't have an advisor? No problem. We'll help you find one.

Find an Advisor

While every effort has been taken in compiling this information to ensure that its contents are totally accurate, neither the publisher nor the author can accept liability for any inaccuracies or changed circumstances of any information herein or for the consequences of any reliance placed upon it. This publication is distributed on the understanding that the publisher is not engaged in rendering legal, accounting, or other professional advice or services. Readers should always seek professional advice before entering into any commitments.

]]> Nebraska Enacts New Mini-WARN Act https://northriskpartners.com/nebraska-enacts-new-mini-warn-act/ Tue, 07 Jul 2026 13:36:46 +0000 https://northriskpartners.com/?p=31500

Nebraska employers planning significant workforce reductions should be aware of a new compliance requirement.

Effective July 18, 2026, Nebraska's Worker Adjustment and Retraining Notification Act (Mini-WARN Act) requires certain employers to provide advance notice before qualifying business closings or mass layoffs.

Employers with operations in Nebraska should understand whether the new law applies to them and update their workforce reduction planning processes accordingly.

When the Law Applies

The law applies to employers with 100 or more employees, excluding part-time employees.

For purposes of the law, a part-time employee generally means an employee who works an average of 19 or fewer hours per week or has been employed for fewer than six of the 12 months preceding the date notice is required.

Covered employers generally provide 90 days' advance written notice before certain business closings or mass layoffs. A business closing occurs when a temporary or permanent shutdown of a single site of employment, or one or more facilities or operating units at the site, results in an employment loss for 100 or more employees, excluding part-time employees. A mass layoff occurs when a reduction in force that is not tied to a business closing results in an employment loss of 100 or more employees at a single site of employment during any 30-day period, excluding part-time employees.

For purposes of the law, an employment loss generally includes an involuntary termination (other than for misconduct), a layoff lasting more than six months, or a reduction in an employee's work hours of more than 50% for six consecutive months.

Employers should also be aware of the law's 90-day aggregation rule. Separate layoffs or workforce reductions that occur within 90 days may be combined when determining whether notice requirements apply. As a result, employers planning phased workforce reductions should evaluate the total impact of employment losses rather than reviewing each action independently.

Notice Requirements

Covered employers must generally provide written notice to affected employees and the Nebraska Department of Labor at least 90 days before a qualifying business closing or mass layoff.

The notice must include:

  • Employment site name and address
  • Employer contact information
  • Whether the action is temporary or permanent
  • Expected dates and schedule of employment losses
  • Names and job titles of affected employees
  • Copies of all employee handbooks, personnel policies, and employment-related policies, or instructions on where those materials can be accessed online

In addition, employers must post the notice in a visible workplace location and in any language spoken by at least 5% of the workforce.

The law does include limited exceptions that may allow employers to provide less than 90 days' notice in certain circumstances, including:

  • Unforeseeable business circumstances
  • Natural disasters
  • Business closings where the employer was actively seeking capital or business

Employers relying on one of these exceptions must still provide notice and explain why the full notice period could not be met.

Nebraska also allows employers to provide pay or severance instead of the full notice period, as long as employees receive at least the same amount they would have earned if they had worked through the required notice period.

What Employers Must Do

Review Workforce Reduction Procedures

Update any reduction-in-force or workforce planning procedures to account for Nebraska's new notice requirements.

Identify Who Will Manage WARN Notices

Determine who within your organization will be responsible for preparing, reviewing, and distributing required notices.

Review Employee Policies and Handbooks

Since notices must include access to applicable employment policies, employers should confirm that handbooks and workplace policies are up to date and readily accessible.

Evaluate Workforce Language Needs

Review employee demographics to determine whether any language groups meet Nebraska's 5% threshold for translated workplace postings.

The biggest takeaway for Nebraska employers is simple: start the WARN analysis earlier.

Organizations considering significant workforce reductions should build Nebraska's notice requirements into the planning process from the beginning rather than addressing them after decisions have already been made.

If you have questions about this blog, please contact your North Risk Partners advisor. Don't have an advisor? No problem. We'll help you find one.

Find an Advisor

This blog was written in partnership with Wagner, Falconer, & Judd. Wagner, Falconer, & Judd (WFJ) is a firm with 70 employees based in the Midwest, serving clients across the country. With roots dating back to 1932, WFJ works with businesses of various sizes and industries. The firm specializes in human resources and employment law, commercial collections, civil litigation, and more. 

This provides general information and does not constitute legal advice.  

]]>