Wisconsin Independent Agent | September 2021 Magazine

wisconsin INDEPENDENT AGENT SEPTEMBER 2021

“ Catalyit will help you

transform your organization with a digital-first mindset.

Steve Anderson, Catalyit CEO & Co-Founder

This issue was brought to you by our Exclusive Supporting Company Member:

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CONTENTS

wisconsin INDEPENDENT AGENT

COVER STORY: 5 Questions with Catalyit’s Steve Anderson

Catalyit simplifies technology for insurance agencies. With the right tech, agencies will thrive.

And that’s exactly what they’re going to help you do. Whether it’s guides & reviews, training, tools, the community or consulting, Catalyit can help your agency with adopting and improving its tech-stack.

PAGES:

INDEPENDENT INSURANCE AGENTS OF WISCONSIN 725 John Nolen Drive Madison, Wisconsin 53713 Phone: (608) 256-4429 Fax: (608) 256-0170 www.iiaw.com

2021-2022 EXECUTIVE COMMITTEE President:

Marc Petersen | American Advantage - Petersen Group, New Berlin

18-19

INSURCON........................................................................................6-7 Thank You for Attending InsurCon2021

President-Elect:

Nick Arnoldy | Marshfield Insurance Agency, Inc., Marshfield

Secretary-Treasurer:

Michael Ansay | Ansay & Associates, Port Washington

Chairman of the Board:

Darrel Zaleski | Spectrum Insurance Group, Eau Claire

State National Director:

AGENCY OPERATIONS................................................................10

Steve Leitch | Leitch Insurance, River Falls

Tips for Setting Up a Hybrid Workplace

2020-2021 BOARD OF DIRECTORS

HOMEOWNERS..............................................................................12-13

Matt Frank | Robertson Ryan & Associates, Milwaukee

3 Reasons Homeowners Need More Coverage

Mike Harrison | R&R Insurance Services, Inc., Waukesha

RISKY BUSINESS............................................................................15-16 Potential E&O Claims: Should I Report it to my E&O Carrier?

TECHNOLOGY................................................................................21 Tips from Former FBI Agent and More at Elevate Trilogy Part 2: Data

GOVERNMENT AFFAIRS............................................................26

Dan Lau | Robertson Ryan & Associates, Milwaukee Aaron Marsh | Marsh Insurance Services, Inc., Rice Lake Andrea Nelson | Unisource Insurance Associates, LLC, Wauwatosa Joanne Lukas Szymaszek | Johnson Insurance Services, LLC, Racine Chad Tisonik | HNI Risk Services, LLC, New Berlin Brad Reitzner | M3 Insurance Solutions, Madison

Release of U.S. Census Data Starts Redistricting Process

IIAW Staff

WORKERS’ COMP.........................................................................28-30

Matt Banaszynski | Chief Executive Officer 608.256.4429 • matt@iiaw.com

Five Work Comp Errors Every Agent Makes

MEMBERS IN THE NEWS..............................................................32-33

Mallory Cornell | Vice President and Director of Risk Management 608.210.2975 • mallory@iiaw.com

COMMENTARY FROM COUNSEL...............................................34

Kim Kramp | Association and Agency Accounting Manager 608.210.2976 • kim@iiaw.com

Employer-Mandated Vaccinations: Is it Legal? Is it a Good Business Model?

FOOD FOR THOUGHT....................................................................35

ADVERTISERS INDEX AAA......................................................................13 ACUITY...............................................................23 Ansay & Associates.......................................16 Arlington/Roe..................................................25 Badger Mutual Insurance............................35 Berkshire Hathaway GUARD....................9 IMT........................................................................36 JM Wilson...........................................................35 Keystone Insurance........................................27 Robertson Ryan & Associates..................30 SECURA..............................................................31 Security Financial Bank...............................22 UFG.......................................................................2 West Bend..........................................................17 Western National............................................11

Trisha Ours | Director of Insurance Services 608.210.2973 • trisha@iiaw.com Kaylyn Zielinski | Marketing and Communications Coordinator 608.210.2977 • kaylyn@iiaw.com Evan Leitch | Agency Solutions Advisor 608.210.2971 • evan@iiaw.com Jeff Thiel | Director of Agency Success 608.256.4429 • jeff@iiaw.com Ian Tisonik | Agency Solutions Coordinator 608.256.4429 • ian@iiaw.com Andrea Michelz | Membership Engagement Coordinator 608.210.2972 • andrea@iiaw.com Diana Banaszynski | Education Coordinator 608.256.4429 • diana@iiaw.com

Wisconsin Independent Agent is the official magazine of the Independent Insurance Agents of Wisconsin (IIAW) and is published monthly by IIAW 725 John Nolen Drive, Madison WI 53713. Phone: 608.256-4429. IIAW does not necessarily endorse any of the companies advertising in publication or the views of the writers. IIAW reserves the right, in its sole discretion, to reject advertising that does not meet IIAW qualifications or which may detract from its business, professional or ethical standards. © 2021 For information on advertising, contact Kaylyn Zielinski, 608.210.2977 or kaylyn@iiaw.com. wisconsin INDEPENDENT AGENT

| SEPTEMBER 2021 | 3

WISCONSIN AGENTS 5 BIG WAYS ACUITY IS HERE FOR YOU!

1

Unparalleled Strength • Headquartered in Wisconsin since our founding in 1925 and with a senior management team that has been in place for over 20 years.

• Over $6 billion in assets, over $3 billion in policyholders’ surplus, and nearly $2 billion in annual written premium.

• Committed to the independent agency system and a fiercely independent mutual carrier—we’re not for sale!

• Rated A+ by both AM Best1 and Standard & Poor’s2 with a 20-year track record of outperforming the industry by more than double the growth and a full eight points on the combined ratio.

Melissa Winter, Vice President - Business Consulting

2

World-Class Claims Service • 95% claims satisfaction rating.3 • An Acuity multi-line claims adjuster serves as your customer’s point of contact until a claim is closed.

Jamie Loiacono, Vice President - Claims

Neil Argall, Vice President - Commercial Insurance

3

Responsive and Relationship-Based Underwriting • Extremely broad appetite.

• No queue underwriting like other carriers – you will get to know your dedicated and openminded underwriter.

• Expert risk management and loss control services.

• Employs consultants who specialize in construction, trucking, manufacturing, and mercantile/service.

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wisconsin INDEPENDENT AGENT

Shane Paltzer, Vice President Marketing & Personal Lines

Acuity’s operating territory in red.

4

Stable and Consistent Market • Have not pulled back from any class of business or geographic area in over 20 years.

• Over 125,000 businesses insured, with specialization in contractors, truckers, manufacturers, retailers, service providers, offices, and others.

5

• Consistently recognized as one of the best places to work in the nation.

• Average annual staff turnover of only 2% to maintain strong agency partnerships.

• Over 200,000 personal lines customers protected.

• No growth goals for anyone in the company, so decisions are made with everyone’s long-term interests in mind.

Impeccable Culture

RATED #1 COMPANY FOR

WORK-LIFE

BALANCE DURING COVID-19

• Proud to host the World’s Tallest Symbol of Freedom (the tallest flagpole in the world flying a U.S. flag), which is 100 feet taller than the Statue of Liberty!

Wally Waldhart, Vice President Sales and Communications

Ben Salzmann, Acuity President and CEO

www.ambest.com/ratings; 2www.standardandpoors.com, 3Based on insured/claimant surveys, December 2020.

1

Thank you for attending C O N G R AT S 2 0 21 AWA R D W I N N E R S Jeff Thiel, Raymond “Skip” Hanson Agent of the Year

Jonathon Zwettler, Emerging Leader of the Year

Josh Timm, Industry Representative of the Year

Caitlyn Saunders, Customer Service Representative of the Year

Mary Felzkowski, Legislator of the Year

Not Pictured

6 | SEPTEMBER 2021 |

Gary Burton, Government Affairs Leader of the Year

wisconsin INDEPENDENT AGENT

Thank you to everyone who attended InsurCon2021! We are proud to have brought together such an amazing group of insurance professionals to further the goals and growth of the independent agent channel.

K E Y N OT E SPEAKERS

Exhibitor Showcase

Bill Pieroni, CEO & President of ACORD

Matt Banaszynski, IIAW CEO

Beth Z., Your Nerdy Best Friend

S AV E T H E DAT E M AY 9 - 10 , 2 0 2 2 InsurCon delivers one of the largest insurance networking opportunities in the state. We are busy planning the 122nd InsurCon. Stay tuned as we release more information!

Joe Theismann, Former NFL Quarterback

See more photos from InsurCon2021 at iiaw.com/insurcon.

We’ll feature your photos too - send them to kaylyn@iiaw.com. wisconsin INDEPENDENT AGENT

| SEPTEMBER 2021 | 7

EXCLUSIVE COMPANY SPONSORS

8 | SEPTEMBER 2021 |

wisconsin INDEPENDENT AGENT

AmGUARD • EastGUARD • NorGUARD • WestGUARD

Commercial Personal Lines We offer insurance solutions for homeowners and for small, medium, and large businesses with competitive pricing, an easy submission process, and the opportunity for multi-product discounts.

Visit www.guard.com to see what we can do for you.

Businessowner’s Commercial Auto Commercial Umbrella Homeowners Personal Umbrella Professional Liability/E&O Workers’ Compensation

Pay-As-You-Go options with over 200 payroll partners!

APPLY TO BE AN AGENT: WWW.GUARD.COM/APPLY Not all Berkshire Hathaway GUARD Insurance Companies provide the products described herein nor are they available in all states. Visit www.guard.com/states/ to see our current product suite and operating area.

wisconsin INDEPENDENT AGENT

| SEPTEMBER 2021 | 9

AGENCY OPERATIONS

TIPS FOR SETTING UP A HYBRID WORKPLACE We’ve talked about the future of the workplace being a new, flexible model—one where employees work both in the office and at home, with part-time, contract, flexschedule and job-sharing arrangements flourishing. But while 78% of employees say they very much want this hybrid model post-pandemic, according to an internal Forbes survey, only 43% of employers have a long-term plan in place for it.

Clearly, it’s time for us to start planning.

As a company that specializes in flexible job arrangements and a diverse talent pool, we at WAHVE know a thing or two about how to set your business up for hybridworkplace success. There are a range of ways to ensure that your company reaps the benefits of both in-office and remote workers. Here are a few tips: 1.Get in the cloud. When people are in and out of the office and spread out across the country—and in some cases, the globe—having access to critical files and company information becomes tricky. Migrating to the cloud can make it easier for employees to work and collaborate wherever they are by centralizing all work in a universally accessible location. There are many ways to do this, from investing in enterprise software solutions to using specific cloud-based programs such as Google Docs or Sheets. Choose which solutions work best for your business.

2. Support remote workers. In addition to carefully considering and implementing policies for employees working both remotely and in a flexible or hybrid capacity, you’ll also want to be sure your company (and company culture) actively supports these arrangements. What does that mean? It means making sure your workers have the equipment they need to do their jobs outside of the office—from laptops to standing desks, from software licenses to ergonomic desks and chairs. It means being flexible in terms of working hours, maintaining regular contact (especially when workers are virtual), and instilling an atmosphere of trust and respect.

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Make sure people are recognized for their work and contributions—regardless of where they’re located.

3. Invest in videoconferencing tools and room-booking software. You’ll want to make it easy for anyone in the office to meet with anyone else in or out of the office.

Consider investing in top-notch videoconferencing tools as well as online room-booking software to ensure your team members have dedicated private spaces to collaborate.

4. Consider flex desks. Related to the room-booking point, you may want to reconsider your office real estate setup. Flex desks—public desks that employees can book in advance for in-office use—may be able to meet your needs. Be sure to incorporate semi- or fully private small areas, often dubbed call booths or huddle spaces, to facilitate impromptu gatherings of colleagues for brainstorming or casual meetings—and consider equipping these spaces with videoconferencing tools to make it easy for these employees to include their remote colleagues.

5. Consider recording all meetings—including ad hoc ones. You don’t want any team member to miss key details that emerged during in-office meetings or impromptu chats. You may want to consider recording meetings—both online and in person—for everyone to reference after the fact.

6. Make your perks flexible. Ensure that your itinerant, part-time, contract and other employees can take advantage of your benefits by offering ones that are flexible and accessible anywhere. This means perks like stipends for meal delivery, online discounts, and digital subscriptions to apps, online learning, wellness programs, magazines and more.

It’s time for us to begin formally planning for a postpandemic world. What are some of your top tips for ensuring a smooth transition to the hybrid workplace of the future?

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They must be protected by Western National Insurance.

Western National carefully crafts policies to fit your client’s unique insurance needs – so they can feel confident in their coverage.

www.wnins.com

HOMEOWNERS

3 REASONS HOMEOWNERS NEED MORE COVERAGE The U.S. homeowners insurance market is the third-largest line of insurance in the U.S. after private passenger auto insurance and the all other lines market, according to the NAIC. Direct written premiums for the homeowners line of business at the end of 2020 totaled $110.3 billion, representing an increase of $6.3 billion from the 2019 year-end total of $104.0 billion.

“The booming housing market across the country has contributed to a greater demand for homeowners insurance,” says Jim Hyatt, senior vice president, personal lines, Arbella Insurance Group.

Yet, rates for homeowners policies remain high “due to the increased cost of building materials because of the pandemic’s disruption to the supply chain and available labor markets, as well as recent catastrophic weather events,” says Carol Anderson, personal lines property leader, assistant vice president, Foremost®, A Farmers Insurance® Company.

“In addition, rising reinsurance costs will result in a greater rate need and evaluation of capacity in affected markets,” says Wendy Cammet, head of specialty lines property product, Foremost®, a Farmers Insurance® Company.

This culmination of these factors means that rates are hardening. However, they had already begun to harden at the tail-end of 2019 and have continued to climb since then, explains Bill Gatewood, corporate senior vice president, national personal insurance practice leader, Burns & Wilcox.

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wisconsin INDEPENDENT AGENT

“We’ve had a lot of carriers cut back or leave some of the high hazard areas,” he says.

“We’ve seen Lloyd’s of London syndicates leave California altogether, and we’ve seen admitted companies close off new business. That means there is less capacity than before and that’s also contributed to the rising prices.”

In certain areas, like Florida, that are subject to catastrophic weather events, “we’re seeing some policies with stripped-down coverage to manage higher rates,” says Dave Pratt, property insurance general manager, Progressive Home Insurance. “I worry this will lead to bad customer experiences in the event of a claim, and I encourage agents to ensure adequate coverage limits for both the main property and any additional structures and include personal property replacement cost coverage on homeowners insurance policies.”

COVID-19 has affected the homeowners insurance market in several ways. Here are three reasons homeowners need more coverage than they did before the pandemic: 1) Home remodeling and purchasing. “With everyone working from home this past year, home improvement projects and home renovations are on the rise,” Hyatt says. “This includes updates to in-home technology, added home offices, and installing backyard pools. Homeowners need to be aware of the implications these changes have on their insurance and make sure they are appropriately covered.”

Additionally, we have seen “a greater desire for homeownership, increased square footage and

lot sizes, and enhanced spaces to accommodate work and remote school,” Cammet says.

Many people will continue to work from home and “I’m very eager to see what new types of coverages might emerge from this,” Gatewood says. “It’s probably one of the more significant, real changes we’ve seen in the homeowner market in a long time.”

2) Cyber threats. The past 18 months “saw a drastic increase in cybersecurity threats, including hacking and phishing attempts, as the world moved to remote work,” Hyatt says. “This led many home and condo owners to invest in cybersecurity protection. This trend won’t go away any time soon.”

“We’re seeing the number of identity fraud scams, unemployment scams, tax-related scams and health insurance scams on the rise,” Gatewood says. “People are going to have to protect their digital security the same way they protect their physical security with a homeowners policy.”

3) Rising settlements. “Many customers are buying or increasing their umbrella coverage, due in part to social inflation,” Hyatt says. “We are seeing an increase in litigation and juries are awarding more payouts in larger sums. Personal umbrella policies are becoming more common and agents should encourage their customers to invest in them.”

The pandemic has changed so much for so many people. In insurance, it has changed the way independent agents interact with their customers.

“Agents should ensure that they are maintaining customer contact and increasing customer value by enhancing their online presence by utilizing social media,” says Sally Kressin, vice president, product management, American Modern. “In the end, the agent-client relationship should benefit from the customer-centric approach as they get the insurance coverage they need and trust the agent to help them moving forward.” > Olivia Overman Independent Agent Content Editor

To become an Independent Agent with AAA George Maglares (847) 867-6099 GSMaglares@acg.aaa.com

Agency Solutions TRUSTED CONSULTING FOR THE INDEPENDENT AGENT

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VISIT IIAW.COM/AGENCYSOLUTIONS TO START YOUR FREE PERSONALIZED EVALUATIONS.

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Contact Mallory Cornell IIAW Vice President mallory@iiaw.com 14 | SEPTEMBER 2021 |

wisconsin INDEPENDENT AGENT

RISKY BUSINESS

POTENTIAL E&O CLAIM: SHOULD I REPORT IT TO MY E&O CARRIER? The decision whether an insurance agency reports a potential claim to its professional liability carrier brings with it a host of issues to consider. What effect does reporting a potential claim have on my agency’s loss history? How will it affect my agency’s premium? What difference can it make?

After all, it is a potential claim. My customer has not hired an attorney or filed a lawsuit against my agency. Am I only creating trouble for my agency by reporting this potential claim?

to the customer. After all, the customer never told the agency about the change in the building’s status: from occupied to vacant. And the agency also agreed with the carrier’s coverage position.

The best source to answer this question is the agency’s professional liability policy. The policy requires that an agency report potential claims to its carrier. But apart from that, there are additional, common sense reasons for doing so. The following example highlights those reasons.

An agency’s most important and long-term customer owned an engineering business along with numerous commercial buildings. The agency handled all of the customer’s insurance needs obtaining, among other coverages, commercial property coverage.

The Westport claim handler made his initial contact with the agency within 24 hours of the potential claim being received by Westport. After collecting the claim information, the Westport claim handler and the agency worked together as a team to develop a strategy focusing on both the customer and the carrier.

A pipe burst in one of the commercial buildings resulting in over $200,000 in damage. Unfortunately, the building was vacant for several years, a fact not shared by the customer with the agency. As a result, the commercial property coverage placed by the agency contained limitations on coverage for vacant buildings.

Even though the agency suspected the carrier would invoke the vacancy provisions of the policy, the agency thought it was best, nevertheless, to report the claim to the carrier. The agency’s suspicions were well-founded as the carrier denied coverage for the property claim because the building was vacant at the time of the loss and was vacant for several years.

The customer was outraged by the lack of insurance coverage though it did not take issue with the carrier’s coverage position. Like many business owners, the customer believed that the significant premiums he paid each year entitled him to coverage in the event of a loss regardless of policy language.

The agency was worried about losing its most important customer though it knew it did not breach any duty owed

Faced with an angry customer who was litigious by nature, and a significant uncovered loss, the agency decided to report a potential claim to its professional liability carrier, Westport Insurance Corporation.

The customer was assured that the agency would advocate on the customer’s behalf with the carrier in an effort to identify any avenue of recovery for the customer. At the same time, it was explained to the customer that the agency did nothing wrong in placing the property coverage that included vacancy provisions. The customer’s indulgence was sought so that the agency could have time to then discuss the situation with the carrier. A commitment was made to provide frequent updates to the customer.

The focus then turned to the carrier. As there was no dispute with the carrier’s coverage position, the Westport claim handler and agency agreed on a two-part strategy that would leverage the agency’s long-term profitable relationship with the carrier, and the customer’s profitable account history.

The agency appealed to the carrier using empirical data to prove that the carrier benefited throughout the years by doing business with the agency and the customer. As a result, the carrier agreed to make a business accommodation by paying the customer $100,000 on the uncovered claim. This decision was relayed to the customer.

The agency believed that the carrier would contribute more. After further discussions with the Westport claim handler, the agency made an additional appeal to the carrier resulting in an agreement to pay an additional $100,000 bringing the total recovery to $200,000. wisconsin INDEPENDENT AGENT

| SEPTEMBER 2021 | 15

The agency’s contact with the carrier said that he had never seen a payment of this kind on a loss that was clearly not covered by the policy.

The Westport claim handler and the agency had many conversations about not only what to say to the customer and carrier, but how to say it. Of utmost importance were creating and keeping goodwill with the customer.

While not every potential claim is resolved on such favorable terms, this example shows what can be achieved when a thought-out, collaborative approach is taken by an agency and Westport. Without question, had this potential claim not been reported to Westport, the customer would have sued the agency and the carrier, and the agency would have lost it most important customer.

The agency may also be concerned about whether the mere reporting of a potential E&O claim will have any adverse underwriting effect on their E&O. Each situation is unique and each carrier is different. Westport will review the facts and circumstances of the individual situation, but as a general rule the mere reporting of a claim does not automatically result in any underwriting action or increase in premium. Because your E&O professional liability policy is claims made, it is imperative that you report any potential claims immediately to your E&O carrier. In fact, Westport recommends that you report them as soon as practicable to ensure that the claim is reported during your policy period so coverage can be determined. In the situation described above, there generally would be no underwriting action

taken or premium increase as a result of the potential claim.

Not every potential claim will end up with a result like this one, but if you give yourself (and your E&O carrier) the opportunity to resolve things before they develop into something bigger, the probability of a positive outcome increases dramatically. And if you don’t, the possibility is completely gone. By taking steps to report potential claims to Westport early, you may avoid actual claims and maybe even litigation.

This article is intended to be used for general informational purposes only and is not to be relied upon or used for any particular purpose.

Swiss Re shall not be held responsible in any way for, and specifically disclaims any liability arising out of or in any way connected to, reliance on or use of any of the information contained or referenced in this article.

The information contained or referenced in this article is not intended to constitute and should not be considered legal, accounting or professional advice, nor shall it serve as a substitute for the recipient obtaining such advice. The views expressed in this article do not necessarily represent the views of the Swiss Re Group (“Swiss Re”) and/or its subsidiaries and/ or management and/or shareholders. Insurance products underwritten

by Westport Insurance Corporation, Overland Park, Kansas, a member of Swiss Re Corporate Solution. *Brian Snyder, JD, is Assistant Vice President and Claims Specialists with Swiss Re Corporate Solutions. Brian joined the company in 1995 and has worked in several claims departments during that time, and handled insurance agents and brokers professional liability claims since 2001. Prior to joining the company, Brian spent three years as a litigation attorney in Kansas City, Missouri.

> Brian Snyder, J.D. Assistant Vice President, Claims Specialist, Swiss Re Corporate Solutions

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wisconsin INDEPENDENT AGENT

WEST BEND THE BEST REMEDY FOR WORKERS’ COMPENSATION West Bend Mutual Insurance has a long history of writing workers’ compensation insurance. Our underwriters are knowledgeable and experienced. Our loss control reps have the expertise and tools to help keep employees safe. And our claims practices are the best in class.

From Main Street-type businesses to specialty businesses like childcare, West Bend has the experience and expertise to protect businesses of many kinds and many sizes. We want to write all of your workers’ compensation business, small to large!

When you select West Bend for your valued customers, you can rest assured you made the right choice. After all, we are the best remedy for workers’ compensation.

wisconsin INDEPENDENT AGENT

| SEPTEMBER 2021 | 17

Q&A

5 QUESTIONS WITH CATALYIT’S STEVE ANDERSON Why does tech matter - ‘agencies aren’t tech companies’?

What is Catalyit, and why was it created?

Technology has always been an essential part of an agency’s success. From the early days of agency management systems starting in the 1980s to needing to learn how to create an effective website to the rise of social platforms, technology for many agencies has been a crucial part of establishing their success.

A handful of agencies forged ahead with technology, but too many were left behind.

Several Big I State Association saw the need for helping all of their members with the increasingly rapid expansion of technology options. Each had a strategic initiative to find a way to help their members discover, evaluate, select, and implement a wide variety of technology solutions needed in a successful insurance agency today.

Catalyit™ was created to provide a solution for independent agencies seeking help and information on maximizing their current investment in technology and identifying emerging technologies that they can use to continue to thrive.

Seven Big I state insurance associations partnered with me to create a solution. Each provided significant startup funding to make sure Catalyit™ has a firm foundation.

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wisconsin INDEPENDENT AGENT

Consumer expectations (both personal and commercial) of good service have changed over the last several years. And, the pandemic of 2020 accelerated these changes.

Zoom meetings are commonplace, electronic signatures are now a necessity, a rich agency website is an essential requirement, and text messaging is becoming a primary way to communicate. These are just a few of the trends that picked up speed during the last 18 months.

How can an agency keep up? It’s hard enough to keep an agency running efficiently and smoothly to take care of your customers. Your agency is not a tech company. Catalyit™ was created to provide you with the help and support you need so you can “learn from the best.” Catalyit™ will help you discover, evaluate, select and implement the best technology solutions for you and your clients’ unique needs.

Catalyit™ will help you transform your organization into an agency with a Digital-first mindset. And at the same time, rehumanize your prospect and client engagement.

What’s the most powerful aspect of Catalyit. com?

At Catalyit™, we don’t believe in simply throwing information at you and not providing any direction on how to proceed. We don’t leave you to figure out the technology landscape on your own.

We’ve created the Catalyit Success Journey™ to provide you with a step-by-step process to make sure you know how to build a Beyond Agency.

The Catalyit Success Journey™ starts with an agency assessment that helps you and the Catalyit™ team know where you are in your technology development journey. From this foundation, we will work with you to create a roadmap for your agency.

Other parts of the Catalyit™ platform include: 1. Agency Assessment – creating a firm foundation 2. Solution Provider Selection Process – We have gathered detailed information on over 70 different solution providers (and the list is growing). We have grouped solution providers into 15 different technology categories. This allows agency owners to have a single source for finding information about a solution provider, platform, or tool. The goal is to streamline the process of an agency discovering solution providers that they might be interested in engaging and having detailed information at their fingertips.

5. Customized Consulting – for those who want a more individualized approach, we have limited availability for 1 to 1 consulting.

If an agency can only upgrade one thing, what should it be?

The one area you should focus on immediately is to maximize the use of your agency management system. Your AMS is a foundational technology tool that impacts every aspect of your agency’s short-term and long-term goals. The more you can maximize what you and your staff use, the faster you can transform your agency into a digital-focused agency and engage with and retain your existing new customers.

Bonus: Do subscribers really get a swag box?

The entire Catalyit™ team is focused on your success. This means “eating our own dog food.”

We create processes and procedures to support the mindset we want you to instill in your agency team. One aspect is creating an exceptional onboarding experience (just like you should).

And, yes, when you sign up as a subscriber to Catalyit™, you will get a box of “goodies.”

3. Curated Community – The place for you to go For more information about Catalyit™ and to keep up-to-date with our progress, be sure to go to get answers and advice for your most to catalyit.com and click the button to get on the pressing problems and questions. list.

4. Live & On-Demand Training – 2 times a month, you can participate in video training calls on various topics. It is also where you can ask your questions and receive live feedback.

> Steve Anderson Co-Founder & CEO, Catalyit wisconsin INDEPENDENT AGENT

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Introducing Catalyit The IIAW is a proud co-founder and investor of Catalyit.

We simplify technology for insurance agencies. Catalyit gives you all the agency tech guidance you need...in one place.

The number of ways you can leverage tech to increase profits and serve customers is nearly unlimited. But time, know-how, and fear of risk are getting in the way.

Catalyit solves it for you.

See how Catalyit can help you thrive by visiting:

Catalyit.com Sign up today and receive a FREE download of our Top 10 Tech Tips!

20 | SEPTEMBER 2021 |

wisconsin INDEPENDENT AGENT

TECHNOLOGY

CYBERSECURITY TIPS FROM FORMER FBI AGENT AND MORE AT ELEVATE TRILOGY PART 2: DATA “What does disruption mean to you?” Elevate opening keynote speaker Shawn Kanungo asked virtual attendees at Elevate Part Two: Data on July 21.

Answers included “interruption,” “breaking a pattern,” and “changing direction.”

“To me, ultimately, disruption is an opportunity,” Kanungo said. “I believe this pandemic is an opportunity for us to reimagine what insurance looks like.”

The keynote presentation, Strategy in a World of Disruption, from Kanungo, acclaimed speaker and disruption strategist at Queen & Rook, covered future skills needed in the industry, the paradox of data, consumer expectations, the business of insurance, and how to “dent the outside”—how to disrupt ourselves. The presentation launched the fast-paced, half-day second installment in the Elevate Trilogy, presented by the Big “I” and Agency Nation. It is available for all conference registrants to view now on demand. You won’t want to miss this very unique and insightful presentation that will change the way you think about disruption and innovation in business.

Next on the agenda for participants was the chance to lunch with experts: a choice between three Lunch & Learn sessions.

In one lunchtime session, Data and InsurTech: Separating the Reality from the Hype, Vertafore CEO Amy Zupon sat down with Big “I” President & CEO Bob Rusbuldt in an informal and candid discussion on the data and tech issues facing the independent agency channel.

“Ten years ago—five years ago—it was just about aggregating data whether it was clean or not,” Rusbuldt said as he and Zupon discussed the importance of actionable data to improve customer experience and team efficiency. “Just having a lot of data doesn’t mean anything unless it’s clean data. And I think a lot of agencies are learning that.”

Additionally, Agency Nation Un-conference-goers had the choice of diving into three afternoon sessions, each hosted by a stellar roundup of industry leaders. A workbook with

takeaways from all three workshop sessions is available for registrants to download on the event platform site.

In Cybercrime: What Every Insurance Broker/Agent Needs to Know About Keeping Their Family and Clients Safe, retired supervisory special agent Scott Augenbaum shared what he learned in his 30 years with the FBI. Spending the majority of his career handling cybercrime investigations, Augenbaum discovered that most of the crimes could have been prevented if the end-users were only aware of a few key pieces of information.

“Are you, your family and your clients prepared or are you the next victim?” Augenbaum asked. “I had three decades with the FBI—I’ve heard it all. I’ve seen it all. I’ve had the opportunity to interview almost a thousand victims. And if you are not taking this thing seriously today, I’m just going to tell you: One click of a link in an email and the cybercriminals will destroy your life, your family’s life.”

Attendees learned Augenbaum’s four truths about cybersecurity, tips and resources for preventing the most common forms of cyberattacks without buying new products, and a drill-down on ransomware in its recent forms.

The party rounded out with a happy hour hosted by the Independent Insurance Agents of Illinois and the Young Agents of Illinois, including a virtual tour of the state, games, prizes and lots of entertainment—plus a special cocktail menu with downloadable recipes.

Want to know more? Watch everything you missed!

Registrants can check out the recording of the sessions on demand on the Elevate conference event platform. The virtual conference was made possible with support from Vertafore (Platinum sponsor) and IVANS (Diamond sponsor).

Sad to miss out? Stay tuned to the News & Views e-newsletter for registration details on Elevate Trilogy Part 3: Culture. > AnneMarie McPherson, Independent Agent News Editor wisconsin INDEPENDENT AGENT

| SEPTEMBER 2021 | 21

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Aviation | Bonds | Cannabis | Casualty | Commercial Agribusiness | Farm wisconsin Healthcare & Human Services | Personal Lines | Professional Liability | Property | Transportation | Workers’ Compensation INDEPENDENT AGENT | SEPTEMBER 2021 | 25

GOVERNMENT AFFAIRS

RELEASE OF U.S. CENSUS DATA STARTS REDISTRICTING PROCESS The long awaited U.S. Census data drop has finally arrived and now states like Wisconsin will start the process of redrawing congressional and state legislative district boundaries for the next 10 years. Much of what goes into redistricting is inside political baseball, but every Wisconsin citizen should pay attention because new district boundaries determine who will be your elected representatives in Madison and Washington, D.C. for the next decade.

Here in Wisconsin, Republicans control both houses of the Legislature and the issue of redistricting has already shifted into high gear as a top priority for Republicans during the upcoming October and November fall session.

Once the Legislature has voted to approve its new district boundaries, it is likely that Democratic Governor Tony Evers will veto their plans and then the courts will ultimately draw and decide what the new boundaries for the next decade will look like. Wisconsin’s rising diverse population in urban areas, combined with rural population declines and other shifts will determine congressional boundary lines and what parts of the state gain or lose seats in the state Legislature.

Some highpoint takeaways from the new census data is that overall, Wisconsin’s population grew by nearly 4 percent. The positive news is that this increase in population allows the state to maintain its eight (8) existing congressional districts when early on some were concerned that the state might lose a congressional seat. Also interestingly enough, the state’s white population dropped by about 3.4 percent, while the Hispanic population grew by a significant 33.1 percent, or about 111,000 people. The state’s Black population also grew by approximately 4.8 percent. The Dane County region grew in population while Milwaukee and parts of northern Wisconsin decreased.

Milwaukee’s population is at its lowest level in decades unlike the growth it experienced in the previous census which happened to be an anomaly then for Midwestern cities. Half of Dane County’s population growth occurred outside the city of Madison, while in the city grew by almost 16 percent which is higher than expected. These population increases in Madison and Dane Co. will have political implications for redistricting where Dane Co. residents are likely to see additional representation with 26 | SEPTEMBER 2021 |

wisconsin INDEPENDENT AGENT

a newly added Assembly seat. In rural areas of northern Wisconsin, many of the legislative district boundaries will grow in size as a result of population decreases.

At the federal level, the 2nd congressional district currently represented by Democratic Congressman Mark Pocan (D-Albany), will have to shed more than 50,000 people as a result of the larger-than-expected population growth and it’s possible those Dane Co. voters could end up being redistricted in the 3rd congressional district currently represented by longtime Democratic Congressman Ron Kind (D-La Crosse). Kind recently surprised the political establishment with his recent announcement that he will not seek re-election in 2022. This swing district that Kind narrowly won re-election could be directly impacted with the addition of new votes from heavily Democratic Dane Co. Republican candidate Derrick Van Orden is running for a second time for this now open congressional seat.

For those who want to weigh in and provide input on the 2021 redistricting process, Republican legislative leaders have announced a new interactive website where anyone can provide feedback between September 1 and October 15. Through this website, members of the public can provide input to the Legislature in three different ways: 1) Create your own full statewide plan; 2) Create your own regional plan; and 3) Identify a community of interest.

Visit https://drawyourdistrict.legis.wisconsin.gov to provide feedback and submit your own plan.

Stay tuned as the political process for redistricting starts to take shape and will consume a great deal of time by this Legislature for the remainder of the year.

>M isha Lee IIAW Lobbyist

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WORKERS’ COMP

FIVE WORK COMP ERRORS EVERY AGENT MAKES Workers’ compensation, from a coverage standpoint, is the simplest coverage to understand and even explain. However, statutes and common laws serve to complicate the initial simplicity of workers’ compensation.

tier contractor to provide workers’

compensation benefits to the

employees of an uninsured lower tier

contractor. Essentially, these are

employees because the law says they

are.

Complexity breeds errors. Five of the most 3. De Facto employees. Calling common workers’ compensation errors agents

someone an “independent contractor” make revolve around:

does not necessarily make it so. Even

if the individual is an “independent 1. Understanding who the insured is responsible

contractor” by IRS standards, they may for protecting via a workers’ compensation

still be considered an “employee-inpolicy;

fact” under workers’ compensation 2. Realizing that legal entity type affects who

guidelines and laws. The facts of the counts as an employee;

relationship must be known. The 3. Correctly managing the exposures created by

key component of a de facto employee travelling employees;

is control; how much control does the 4. Understanding combinability; and

hiring party (employer) have over the 5. Preparing clients for the premium audit.

worker (employee)? The more control

over the worker’s ways and means, the Although this list does not present all the

more likely the worker is a de facto possible mistakes agents make when writing

employee. workers’ compensation, these are the most 4. Borrowed servants are direct common.

employees of one entity working under

the direct control of another entity.

Who is the Insured Responsible for Protecting?

Although this is a dual employment

situation, when the worker gets hurt, the Insureds are potentially responsible for providing courts look at who was in control of workers’ compensation benefits to potentially

the worker. This type of employee/ four types of individuals (employees):

employer relationship may require

1. Direct employees. A “direct employee” attachment of the Alternate Employer

is a person hired to perform certain

Endorsement to avoid “issues” at the

services or tasks for particular wages or

time of the injury.

salary under the direct control of

employer. These individuals are How Entity Types Affects Who Counts as an

generally found on the insured’s payroll Employee

records.

Deciphering status as an employee is first a

2. Employees of uninsured function of who qualifies as the employer.

subcontractors (“de jure” employees).

Forty-four states and the District of

Columbia statutorily require an upper 28 | SEPTEMBER 2021 |

wisconsin INDEPENDENT AGENT

Two key points to consider when differentiating between an employer and an employee in workers’ compensation: 1) The employer is generally not required to be protected by workers’ compensation; and 2) The employer is always a “person.”

What is meant by, “the employer is always a person”? Remember, in law there are two types of persons:

• Natural persons: Flesh and blood

individuals generally exampled by sole

proprietorships, partnerships and LLCs in

a majority of states (33 or 34); and

• Legal persons: These are “persons”

created by law. They are born by the

filing of articles of incorporations or

articles of organization. Examples

include corporations, professional

associations and LLCs in 16 or 17 states.

It appears LLCs qualify as legal persons

in Missouri.

the state from which the employees leave to perform work, let’s call this the “sending” state.

The concept of reciprocity applies to the state to which the employee travels to work, this can be referred to as the “receiving” state. Agents must know the answers to specific questions to assure coverage is in place for travelling workers:

• Extraterritoriality: Does the “sending” state’s workers’ compensation coverage follow the employee when he/she leaves the state to work? If so, are there any specific limitations on the extraterritorial benefits? Every state provides extraterritorial benefits; but each state grants coverage to a different degree.

• Reciprocity: How does the “receiving” state view the workers’ compensation coverage from the “sending” state? Essentially, to answer the reciprocity question, you have to know the answer to two other questions: 1) Does the receiving state’s workers’ compensation law have jurisdiction over employees travelling into the state? and 2) Do the extraterritorial benefits of the workers’ comp policy from the With that as background, pinpointing who sending state satisfy the receiving state’s qualifies as an employee is easy. An employee is workers’ compensation statutes? Most states any natural person not qualifying as the employer. do not reciprocate at some level. Some don’t reciprocate at all; some reciprocate unless Entity Type Who is an Employee? the insured is in certain class codes (generally Sole proprietorships: Everyone other than a sole construction); some states on reciprocate if proprietor; there is mutual reciprocation; and some states Partnerships: Everyone other than the do not reciprocate based on the number of partners; workers in the state or the length of time in the LLC: It depends on the state. state.

In a majority of states, an

Corporations, Professional Associations:

LLC is treated like a sole proprietor or partnership and everyone but the members and/or managers are considered employees.

Some states treat LLCs like corporations making everyone an employee (even the members or managers) Everyone is an employee (even the “owning corporate officers).

Managing the Exposure of Travelling Employees When employees travel to other states to work on a temporary basis, the potential to create workers’ compensation coverage gaps, up to and including no coverage, is very real. Coverage gap problems live at the junction of two key concepts: 1) Extraterritoriality and 2) Reciprocity.

Extraterritoriality relates to and is a function of

Combinability in Workers’ Compensation Consolidating the loss experience of separate legal entities to develop a common experience modification factor has the potential to cause confusion for the client and sometimes the agent.

Especially when you consider that combinability rules do not merely marry the experience of related entities currently in operation, they also assure that owners do not avoid historically poor loss records simply by closing down one entity and reopening and operating under another corporate name.

Common majority interest (not just ownership) is the basis for combinability. “Common majority interest” can be accomplished applying one of several relational constructs:

wisconsin INDEPENDENT AGENT

| SEPTEMBER 2021 | 29

The corporation (a “legal person”) owns a majority interest in other entities; The business’ owner(s) (“natural person(s)”) individually or collectively maintain majority interest in more than one entity; The corporation combines with some or all of its owners to hold a majority interest in another entity; or The business owns a majority interest in another entity which, itself, owns or owned a majority interest in a third entity currently operating or which operated in the last five years.

Agents don’t have the responsibility of deciding which entities are combinable, only the responsibility of notifying the authority having jurisdiction that entities may be combinable.

Once the ERM-14 is complete, the authority having jurisdiction makes the final decision.

Preparing Clients for the Premium Audit To garner the best results, teach insureds to follow these “ABCs” of premium audits:

• Always be there: Don’t push responsibility for working with the auditor down to the lowest possible level employee.

• Be prepared: Have all the records ready before the auditor arrives. This includes: • Payroll Records • Employee Records • Cash Disbursements • Certificates of Insurance • OCIP Project Data • Get a copy of the auditor’s work papers • Treat the auditor well • Bringing it Together Workers’ compensation, as one of the few statutorily mandated coverages, is deceivingly simplistic. Yes, the basic premise and even the coverage form are easily understood, but the practical application of statute and common law to workers’ compensation requires close attention to how the policy is constructed assure the best results for the insured. > Chris Boggs, Executive Director Risk Management and Education, Big I Virtual University

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partnership and the trust they place in us to serve their clients, and we thank our dedicated associates who remain committed to producing excellent results year over year.”

News Members in the

HORTON RECOGNIZED AS “TOP DC ADVISOR TEAM” BY NATIONAL ASSOCIATION OF PLAN ADVISORS

Orland Park, IL (July 9, 2021) - The Horton Group has been recognized as a “Top DC Advisor Firm” by the National Association of Plan Advisors (NAPA) for their work with 401K plans.

NAPA assembles this list on an annual basis, highlighting the nation’s leading retirement advisor firms. The full list is available here.

“We work hard to always provide an excellent experience for our customers, and we are honored to be professionally recognized for our efforts,” said Dan Horton, Chief Executive Officer of Horton Group. “At a time when other agencies are reeling, our disciplined focus provides us the very thing that will catapult us forward and drive ahead into the future.”

NAPA’s list of “Top DC Advisor Teams” focuses on teams, broadly defined as being in a single physical location, and having at least $100 million in DC assets under advisement.

It is based on self-reported assets under advertisement as of December 31, 2020, unless otherwise noted.

GRANGE INSURANCE NAMED TO 2021 WARD’S 50® LIST

Columbus, OH (July 20, 2021) - Grange Insurance Company has been named to the 2021 list of Ward’s 50® top performing insurance companies, marking the second consecutive year for this recognition. This award recognizes outstanding financial results in the areas of safety, consistency and performance over a five-year period from 2016-2020.

“We are very pleased and proud to be part of this coveted Ward’s 50 list and to be among the top performers in our industry,” said President and CEO John Ammendola.

“Earning a place on this list demonstrates our continued commitment to our company’s financial strength, stability and growth. We thank our Independent Agents for their 32 | SEPTEMBER 2021 |

wisconsin INDEPENDENT AGENT

The Ward’s 50 list is released annually by Aon, a prominent global professional services firm. Ward benchmarking is the leading operational and compensation benchmarking and best practices service for insurance companies. For the past 30 years, Ward has annually analyzed the financial performance of nearly 3,000 property-casualty insurance companies and nearly 700 life-health insurance companies, identifying the top performers per segment.

ABOUT GRANGE INSURANCE Grange Insurance Company, with $3 billion in assets and more than $1.3 billion in annual revenue, is an insurance provider founded in 1935 and based in Columbus, Ohio.

Through its network of independent agents, Grange offers auto, home, life and business insurance protection. Life insurance offered by Grange Life Insurance and Kansas City Life Insurance. Grange Insurance Company and its affiliates serve policyholders in Georgia, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia and Wisconsin.

ALLEN HONORED WITH IAIABC NEXTGEN AWARD

Minneapolis, MN (July 20, 2021) - SFM Mutual Insurance Company Business Development Specialist, Cody Allen, was selected as a 2021 International Association of Industrial Accident Boards and Commissions (IAIABC) NextGen Award recipient.

The IAIABC NextGen Award recognizes talented young professionals who are making a substantial and positive impact within their organization and leading the workers’ compensation industry into the future. The individuals set themselves apart from others through their professional and personal accomplishments, and dedication and contributions to the industry.

“Cody consistently epitomizes SFM’s core values as a company, and the level of service we like to provide to policyholders and our agency partners,” said SFM Senior Vice President and Chief Marketing Officer, Mike Happe.

“He is the ultimate ‘go-getter’ and we’re lucky to have him on our team.”

Allen, who is based out of SFM’s Iowa office, was nominated

by Happe and SFM Account Business Manager, Shawn Miner, for his tremendous impact on SFM’s business presence and market share in both Iowa and Kansas, and the overall effect his energy and work ethic has had on the company.

“I was extremely honored (and yes, a bit surprised) to learn I had been nominated and selected for the 2021 NextGen Award,” Allen said. “It means a great deal to me that my

work is being seen as having a positive impact on both the company and the work comp industry. I am proud to represent SFM for this recognition.”

IAIABC is the largest trade association of workers’ compensation jurisdictional agencies in North America, and its mission is to improve and clarify workers’ compensation laws, and provide education and information sharing about workers’ compensation.

As a recipient of the award, Allen will be invited to be a speaker at the IAIABC 107th Convention in the fall of 2021.

He will also be highlighted in the 2021 issue of IAIABC Perspective Magazine and will be featured in a press campaign and on the IAIABC website.

SECURA INSURANCE NAMED ON FORTUNE 2021 BEST SMALL AND MEDIUM WORKPLACES LIST

Neenah, WI (August 10, 2021) - SECURA Insurance was named on the Fortune 2021 Best Small and Medium Workplaces list for the sixth consecutive year. The company took the No. 44 spot on this year’s list.

The rankings are based on employees’ feedback and

reward companies that best include all employees, no matter who they are or what they do for the organization.

“We’re proud to be recognized on the Best Small and Medium Workplaces list once again,” said Garth Wicinsky, SECURA Senior Vice President and Chief Administrative Officer. “Our people all play important roles in keeping our workplace culture strong.”

The Best Small and Medium Workplaces list is one in a series of rankings by Great Place to Work and Fortune based on employee feedback from Great Place to WorkCertified organizations. Great Place to Work and Fortune also ranked SECURA No. 11 on the 2021 Best Workplaces in Financial Services & Insurance list and No. 38 on the Fortune Best Workplaces for Millennials 2021 list.

ABOUT SECURA INSURANCE SECURA Insurance, headquartered in Neenah, Wis., is a regional group of property-casualty insurance companies operating in 12 states. Approximately 550 independent insurance agents represent the group, which provides a broad range of competitive commercial, personal, farm, nonprofit and special events products. SECURA Insurance is known for providing exceptional service to its agents and policyholders since 1900, and is rated A (Excellent)

by A.M. Best for its excellent ability to meet policyholder obligations. It is a Ward’s Top 50 company for outstanding results in financial performance and consistency over a fiveyear period, and it is a certified Great Place to Work. Visit www.secura.net to learn more.

wisconsin INDEPENDENT AGENT

| SEPTEMBER 2021 | 33

COMMENTARY FROM COUNSEL

EMPLOYER-MANDATED VACCINATIONS: IS IT LEGAL? IS IT A GOOD BUSINESS MOVE? As seen in recent headlines, companies across the United States are increasingly requiring their employees to become vaccinated against the 2019 novel coronavirus (COVID-19). Big-name companies that have joined this trend include Google, Facebook, and United Airlines. In Wisconsin, multiple healthcare systems have likewise announced vaccination mandates for their workforces.

With Pfizer-BioNTech gaining full FDA approval, this trend will likely increase. When considering whether to implement a vaccination requirement at your agency, it is important to consider not only the legal risks and benefits involved, but also whether it is a good business decision for the agency. These considerations will apply not only to your agency, but likely to many of your clients as well.

Legal Risks and Benefits As mentioned in prior columns, the federal Equal Employment Opportunity Commission (EEOC) has issued guidance stating that employers may require employee vaccinations, as long as employers make accommodations for employees’ disabilities, religious practices, and pregnancy in accordance with applicable federal laws. The EEOC provides a list of possible reasonable accommodations an employer may provide, such as asking unvaccinated employees to continue to wear a face mask, providing modified work shifts, requiring periodic testing for COVID-19, or providing the employee the opportunity to telework. State laws require these accommodations as well.

In contrast to the EEOC, not all states are giving the green light to vaccination mandates. State legislatures are introducing and debating bills that would prohibit employers from mandating vaccinations or from otherwise discriminating against employees based on vaccination status. At least one state, Montana, has enacted such a statute. The Wisconsin legislature has introduced bills (including AB 25 and SB 5) that would prohibit employermandated vaccinations. While Assembly Bill 25 passed the Wisconsin Assembly in March 2021, there has been little progress since. Therefore, the current consensus is that private employers can require vaccination among their workforces in Wisconsin with little employment law risk.

However, that does not mean a vaccination mandate is risk free. This is a novel issue with limited case law surrounding it. Just last month, a federal district court in Indiana held that Indiana University’s policy of requiring vaccinations for students was permissible (in the context of a preliminary injunction motion). Similarly, a district court in Texas upheld a large hospital system’s vaccine mandate for all employees.

34 | SEPTEMBER 2021 |

wisconsin INDEPENDENT AGENT

The case is currently on appeal to the Fifth Circuit. There is also potential legal risk related to state privacy laws and the unknown long-term implications of the vaccine. If it turns out that there are some negative medical consequences from the vaccine, it could result in a surge of litigation.

But employees’ adverse reactions to employer-mandated vaccines are likely covered by state workers’ compensation systems.

Business Considerations In addition to considering legal risks and benefits, it is equally (if not more) important for an employer to consider whether a vaccination requirement would be a good fit for the company. On one hand, a vaccination requirement could have great benefits. A 100% vaccinated workforce would almost certainly create a safer workplace. Remote employees could return to the physical workplace, which may increase productivity, efficiency and profitability.

On the other hand, a vaccination requirement could also cause significant issues for employers. A mandate could lead to employee turnover with current employees quitting to take jobs where they can avoid getting vaccinated, and it might negatively impact recruiting.

Retention and recruiting could be determining factors for some employers, particularly given the serious labor shortage in Wisconsin and around the country. A vaccination requirement could also be controversial among the employee base leading to employee arguments, distraction, and hostility.

Conclusion Currently, private companies may implement a vaccination requirement in Wisconsin with limited employment law risk (assuming accommodations are provided as explained above). However, agencies (and other employers) should be mindful of legal risks mentioned above, and of course consider whether a mandate would be the best business decision for the agency. Before deciding one way or the other, agencies should work with legal counsel to talk through employer-specific considerations.

>J osh Johanningmeier IIAW General Counsel

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