Monthly Archives: September 2016

How Can Your Entertainment Business Limit Lawsuits?

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Entertainment Business Insurance Update

Your production company not only creates income for you, it may provide employment for other people.  Small and medium entertainment businesses are subject to the same risks as major corporations. You buy business insurance to help protect your business for claims and litigation that may come from a variety of sources.

Remember, your entertainment business insurance can be designed to protect you from unforeseen accidents and lawsuits because of your business operations.  The government, customers, employees, and other third parties can sue your business.  Here are a few tips from business attorneys that might help reduce the chance that your business is involved in litigation.

Review all leases and contracts to make sure that you have addressed all your legal obligations, including insurance requirements.  We recommend the use of an attorney, and call our office so we can determine what is required of you for your business insurance.

Make sure you have a comprehensive employee handbook that outlines your policies and procedures. This should include a sexual harassment policy.

Provide training for all employees annually on your policies and procedures.  Effective training enables your organization to comply with all legal requirements, thereby avoiding costly lawsuits, audits, and fines.

Make sure your business complies with all OHSA laws and rules. Many OSHA standards explicitly require the employer to train employees in the safety and health aspects of their jobs.  Other OSHA standards make it the employer’s responsibility to limit certain job assignments to employees who are “certified,” “competent,” or “qualified.

Address employee complaints. Employers need to have a well-publicized, specific procedure for employees to express their complaints without fear of retaliation.

Insist on thorough and complete documentation of supervisory decisions involving all personnel matters.

We understand that even if you do everything correct, you still might be sued, but that is another reason to have a well-designed business insurance program.

MovieInsure.com offers a wide variety of A-rated, Admitted and Non-Admitted insurance companies for our clients to choose from. We only deal with companies that are on the Insurance Commissioner’s approved list. We are located in beautiful Northridge, California next to CSUN..

Alabama. Arkansas, Arizona, California, Colorado, Delaware, District of Colombia, Florida, Georgia, Hawaii, Iowa, Illinois, Indiana, Louisiana, Maryland, Michigan, Mississippi, North Carolina, New Jersey, New Mexico, Nevada, New York, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin. If you do not see your state listed here, please inquire anyway – we are growing!

 

Regulatory Issues That Impact The Entertainment Industry

 

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The regulatory climate is always changing for businesses including every firm in the entertainment business.  Almost every month there is some new law, regulation, or statue that your business now must comply with. We want to share a few of the latest regulatory trends to help with your business planning.

  1. The Department of Labor (DOL) is cracking down on employers who misclassify independent contractors who really should be employees. If you are an employer who hires contractors, the DOL has issued new guidelines to help you. If your entertainment firms hire part time production assistants, camera men or others, you need to understand have use review your workers compensation program.
  1. Defense of Marriage Act (DOMA). The federal definition of marriage has changed and employers must modify health insurance and benefits packages to comply with the law
  1. The new workers’ compensation coding system went into effect in 2016. All businesses covered under the Health Insurance Portability and Accountability Act (HIPAA) will be required to use the International Classification Coding Systems (ICD-10) to report injuries and illnesses to the Centers for Medicare & Medicaid Services (CMS).
  1. Whistleblower investigations are on the rise. The SEC’s whistleblower program continues to have an impact on businesses. The single biggest issue has been “Corporate Disclosure and Financials,” which accounted for 18.2% of all submissions.
  1. In response to immigration reform, employers will need to monitor changes to the immigration system that may impact their hiring; particularly Form I-9 procedures and work authorization documentation.

MovieInsure.com offers a wide variety of A-rated, Admitted and Non-Admitted insurance companies for our clients to choose from. We only deal with companies that are on the Insurance Commissioner’s approved list. We are located in beautiful Northridge, California next to CSUN..

Alabama. Arkansas, Arizona, California, Colorado, Delaware, District of Colombia, Florida, Georgia, Hawaii, Iowa, Illinois, Indiana, Louisiana, Maryland, Michigan, Mississippi, North Carolina, New Jersey, New Mexico, Nevada, New York, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin. If you do not see your state listed here, please inquire anyway – we are growing!

 

Your Entertainment Company Needs To Understand These Three Risks

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Entertainment Insurance

Every entertainment business has risks and most professionals have an understanding of their risks. But there are a few business risks that can be addressed by commercial entertainment insurance that you may not have considered.

Business Interruption– The U.S. Department of Labor estimates that more than 40% of businesses never reopen following a disaster such as a fire or flood. Is your business prepared to weather the storm if disaster strikes? If a fire causes your facility to be temporarily unusable, what would you do? To mitigate this risk, consider adding Business Interruption coverage to your Property Insurance policy.

Employment Practices– From the moment you begin the pre-hiring process until the final goodbyes at the exit interview, you are at risk for a lawsuit. In fact, three out of five employers will be sued by a prospective, current or former employee while they are in business. Although many lawsuits are groundless, defending against them is costly and time-consuming. Your business should take a hard look at whether it can afford to defend itself against accusations of wrongful employment practices. Employment Practices Liability that will protect your company against wrongful termination, discrimination (age, sex, race, disability, etc.) or sexual harassment lawsuit.

Errors and Omissions – Covers legal liability and defense for the production company against lawsuits alleging unauthorized use of title, format, ideas, characters, plots, plagiarism, unfair competition.

MovieInsure.com offers a wide variety of A-rated, Admitted and Non-Admitted insurance companies for our clients to choose from. We only deal with companies that are on the Insurance Commissioner’s approved list. We are located in beautiful Northridge, California next to CSUN..

Alabama. Arkansas, Arizona, California, Colorado, Delaware, District of Colombia, Florida, Georgia, Hawaii, Iowa, Illinois, Indiana, Louisiana, Maryland, Michigan, Mississippi, North Carolina, New Jersey, New Mexico, Nevada, New York, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin. If you do not see your state listed here, please inquire anyway – we are growing!