Answers to Frequently Asked Questions on the DOL Proposed Overtime Rule
September 23, 2023
Answers to Frequently Asked Questions on the DOL Proposed Overtime Rule

On Aug. 30, 2023, the U.S. Department of Labor (DOL) announced a proposed rule to amend current requirements employees in white collar occupations must satisfy to qualify for an overtime exemption under the Fair Labor Standards Act (FLSA).


The FLSA white collar exemptions apply to individuals in executive, administrative, professional, and some outside sales and computer-related occupations. Some highly compensated employees may also qualify for the FLSA white collar overtime exemption.


To qualify for this exemption, white collar employees must satisfy the standard salary level test, among other criteria. This salary level is a wage threshold that white collar employees must receive to qualify for the exemption.


The DOL is proposing to increase the standard salary level from:

  • $684 to $1,059 per week ($55,068 per year); and
  • $107,432 to $143,988 per year for highly compensated employees.


Action Steps

The proposal does not impose any new requirements on employers at this time. However, employers should become familiar with the proposed rule and evaluate what changes they may need to adopt if the rule is implemented as proposed.


OVERVIEW

1. What is the purpose of the Department’s proposed rule?

This rulemaking proposes to update and revise the regulations for determining whether certain white-collar salaried employees are exempt from minimum wage and overtime requirements under section 13(a)(1) of the Fair Labor Standards Act (FLSA). Employees are exempt if they are employed in a bona fide executive, administrative, or professional (EAP) capacity as those terms are defined in the Department of Labor’s regulations at 29 CFR part 541. This exemption from the FLSA is sometimes referred to as the “white-collar” or “EAP” exemption.


2. What is “overtime?”

Unless specifically exempted, an employee covered by the FLSA must receive pay for hours worked in excess of 40 in a workweek at a rate not less than one and one-half their regular rate of pay. This is referred to as “overtime” pay.


3. What determines if an employee falls within the EAP exemption? 

Currently, to fall within the EAP exemption, an employee generally must: 


  1. Be paid a salary, meaning that they are paid a predetermined and fixed amount that is not subject to reduction because of variations in the quality or quantity of work performed (the “salary basis test”);
  2. Be paid at least a specified weekly salary level, which is $684 per week (the equivalent of $35,568 annually for a full-year employee) in the current regulations (the “salary level test”); and
  3. Primarily perform executive, administrative, or professional duties, as provided in the department’s regulations (the “duties test”). 


Certain employees are not subject to either the salary basis or salary level tests (for example, doctors, teachers, and lawyers).


4. When did the Department last revise the exemption regulations for EAP workers?

The Department last updated the EAP exemption regulations in 2019. That update, which included setting the standard salary level test at its current amount of $684 per week (equivalent to a $35,568 annual salary), has been in effect since January 1, 2020.


5. Why is the Department proposing to revise the exemption regulations for EAP workers?

The Department is committed to keeping the earnings thresholds up to date for the benefit of both workers and employers. Four years have passed since the 2019 rule, during which time salaried workers in the U.S. economy have experienced a rapid growth in their nominal wages, which lessens the effectiveness of the current salary level threshold. Through this rulemaking, the Department seeks to update the salary level test to more effectively identify who is employed in a bona fide executive, administrative, or professional capacity and ensure that the FLSA’s intended overtime protections are fully implemented.


In addition to updating the salary level to account for increased wages, the Department’s proposal would ensure that the salary level effectively performs its historic function of screening nonexempt employees from the overtime exemption and would more effectively account for the switch from a two-test to a one-test system.


6. What is the Department proposing to change about its exemption regulations for EAP workers?

In this rulemaking, the Department proposes to:


  • Increase the standard salary level to the 35th percentile of earnings of full-time salaried workers in the lowest-wage Census Region (currently the South), which would be $1,059 per week ($55,068 annually) based on current data;
  • Apply the standard salary level to Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands, and increase the special salary levels for American Samoa and the motion picture industry; 
  • Increase the highly compensated employee (HCE) total annual compensation requirement to the annualized weekly earnings of the 85th percentile of full-time salaried workers nationally, which would be $143,988 per year based on current data; and
  • Automatically update these earnings thresholds every 3 years with current wage data to maintain their effectiveness.


7. Is the Department proposing any changes to the current duties test?

The Department is not proposing changes to the standard duties test, consistent with its approach in both the 2016 and 2019 rules. At this time, the Department favors keeping the current standard duties test, which is well known to employers and employees. As long as it is paired with an appropriate salary level requirement, the standard duties test can appropriately distinguish bona fide EAP employees from nonexempt workers. 


8. Where can I review, and how can I comment on, the Department’s proposed changes to the exemption regulations for EAP workers?

The Department's Notice for Proposed Rulemaking (“NPRM”) is available at www.regulations.gov. The Department encourages all interested parties to participate in the rulemaking process by submitting written comments regarding the NPRM within 60 days from the publication date in the Federal Register. 


FLSA Basics

9. What does the FLSA do?

The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards for employees in the private sector and in federal, state, and local governments. Covered nonexempt workers are entitled to a federal minimum wage of not less than $7.25 per hour. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.


10. Who is covered by the FLSA?

Generally, employees of enterprises that have an annual gross volume of sales made or business done of $500,000 or more are covered by the FLSA. In addition, employees of certain businesses are covered by the FLSA regardless of the amount of gross volume of sales or business done. These businesses include hospitals; establishments providing medical or nursing care for residents; schools (whether operated for profit or not for profit); and public agencies. Employees of employers that are not covered by the FLSA on an enterprise basis may still be entitled to its protections if they are individually engaged in interstate commerce.


11. Does the FLSA and the Department’s proposed rule apply to state or local government workers?

Yes, state and local government employers are subject to the FLSA and the Department’s proposed regulations concerning EAP employees.


12. Is there a small business exemption from the FLSA or the Department’s proposed rule for EAP workers?

The FLSA does not provide an exemption for small businesses. Generally, the FLSA and the proposed rule apply to employees of enterprises that have an annual gross volume of sales made or business done of $500,000 or more, and certain other businesses. The FLSA creates a level playing field for businesses by setting a floor below which employers may not pay their employees.


13. Is there an exemption for nonprofit organizations from the FLSA or the Department’s proposed rule?

There is no exemption for nonprofit organizations under the FLSA or in the proposed rule. Thus, the proposed rule may impact nonprofit organizations that have an annual dollar volume of sales or business done of at least $500,000. In determining coverage, only activities performed for a business purpose are considered. Charitable, religious, educational, or similar activities of organizations operated on a nonprofit basis where such activities are not in substantial competition with other businesses are not considered. Employees of employers that are not covered by the FLSA on an enterprise basis may still be entitled to its protections if they are individually engaged in interstate commerce.


14. How is overtime pay determined?

Unless exempt, an employee covered by the FLSA must receive overtime pay for all hours worked over 40 in a workweek at a rate not less than one and one-half times their regular rate of pay. For guidance in determining an employee’s “regular rate of pay” when calculating overtime pay, refer to WHD Fact Sheet #56A or the Department’s regulations at 29 CFR part 778.


15. What is the FLSA’s EAP exemption?

Section 13(a)(1) of the FLSA exempts individuals employed in a “bona fide executive, administrative, or professional capacity” from the Act’s minimum wage and overtime requirements. Certain computer professionals and outside sales employees are included in the exemption and therefore excluded from the minimum wage and overtime requirements. The FLSA instructs the Department to issue regulations that define and delimit the EAP exemption; those regulations are located at 29 CFR part 541.


16. I'm paid a salary and my job title is manager. Am I exempt from overtime pay?

Job titles do not determine exempt status, and the fact that a white-collar employee is paid on a salary basis is not alone sufficient to exempt that employee from the FLSA’s minimum wage and overtime requirements. For an exemption to apply, an employee’s specific job duties and salary must meet all of the applicable requirements provided in the Department’s regulations.


17. What if a state has its own laws about who is entitled to overtime pay?

The FLSA provides minimum standards and does not preempt a state from establishing more protective standards. If a state establishes a more protective standard than the provisions of the FLSA, the higher standard applies in that state. This would include, for example, exemption criteria for EAP employees under state law with higher earnings thresholds than those provided in the Department’s federal regulations.


Earnings Thresholds

18. What are the current earnings thresholds needed for the EAP exemption?

Under the current regulations, an executive, administrative, or professional employee generally must be paid at least $684 per week (equivalent to $35,568 annually for a full-year employee) to be exempt from the FLSA overtime protections. This $684 per week threshold is the standard salary level. 


A computer professional may be exempt if they are paid at least $684 per week or at least $27.63 an hour, if paid on an hourly basis. 


There is no salary level test required to qualify as an exempt outside sales employee. Certain professionals including doctors, lawyers, and teachers are also not subject to the salary tests. 


Finally, the current regulations also contain a less restrictive duties test for certain highly compensated employees who receive total annual compensation of $107,432 or more and are paid at least $684 per week.


19. What is the proposed standard salary level?

The Department is proposing to set the standard salary level at the 35th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census Region (the South). Using 2022 data, the proposed salary amount would equal $1,059 per week (which is $55,068 annually for a full-year worker). 


20. Why is the Department proposing to set the standard salary level at the 35th percentile of weekly earnings of full-time salaried workers?

In updating the standard salary level, the Department seeks to more effectively identify who is employed in a bona fide executive, administrative, or professional capacity. The proposal updates the standard salary level to account for earnings growth since the 2019 rule and adjusts the salary level methodology based on the lessons learned in recent rulemakings. 


21. What salary levels have the Department proposed to apply in U.S. territories?

This proposal would restore the Department’s longstanding policy prior to 2019 of only setting special lower salary levels for employees in those U.S. territories that are not subject to the full federal minimum wage (currently $7.25 per hour). Accordingly, the Department proposes to apply the standard salary level ($1,059 per week) to employees in Puerto Rico, where the federal minimum wage has applied since 1996; Guam, where the federal minimum wage has applied since at least 1957; the U.S. Virgin Islands, where the federal minimum wage has applied since 1989; and the CNMI, where the federal minimum wage has applied since 2018.


The Department proposes to set a special salary level for employees in American Samoa equal to 84 percent of the standard salary level ($890 per week, based on a proposed standard salary level of $1,059 per month), since American Samoa remains subject to special minimum wage rates below the federal minimum wage. American Samoa is scheduled to increase its minimum wage rates until they equal the federal minimum wage. The Department proposes that 90 days after the highest industry minimum wage for American Samoa equals the federal minimum wage, the full standard salary level would apply for all EAP employees in all industries in American Samoa.


22. Is the Department proposing to change the special base rate for employees in the motion picture industry?

The current regulations permit employers to exempt employees in the motion picture industry who are paid a specified base rate per week (or a proportionate amount based on the number of days worked), so long as they meet the duties test for the EAP exemption. Consistent with its practice in recent rulemakings, the Department proposes to increase the required base rate in proportion to the proposed increase in the standard salary level test, resulting in a proposed base rate of $1,617 per week (or a proportionate amount based on the number of days worked). 


23. Is the Department proposing to increase the salary level for highly compensated employees?

The Department is proposing to set the Highly Compensated Employee (HCE) annual compensation level equal to the 85th percentile of earnings for full-time salaried workers nationwide. Based on current data, the proposed HCE threshold would be $143,988 per year, of which at least $1,059 per week (the proposed standard salary level) would have to be paid on a salary or fee basis. The Department believes that its proposed methodology results in an HCE level that is low enough to not restrict the use of the HCE test for employers in low-wage regions and industries, and high enough to guard against the unintended exemption of workers who are not bona fide executive, administrative, or professional employees in higher-income regions and industries.


Future Updates

24. Does the proposed rule address future updates to the earnings thresholds provided in the EAP exemption regulations?

The Department is proposing a mechanism to automatically update the earnings thresholds every three years to ensure that they remain effective tests for exemption. If finalized, this proposal would ensure that the Department can timely and efficiently update the earnings thresholds in future years to reflect current wage data. Experience has shown that the salary level test is a strong measure of exempt status only when it is up to date. Left unchanged, the test becomes substantially less effective as wages for overtime-protected workers increase over time. Automatically updating the salary level and HCE total annual compensation requirement using the most recent data will ensure that these tests continue to accurately reflect current economic conditions.


25. How is the Department proposing to automatically update the salary level and HCE total compensation levels?

The Department is proposing to update the standard salary level and the HCE total compensation requirement every three years to reflect current earnings data. Specifically, the Department is proposing to update the standard salary level by adjusting it to remain at the 35th percentile of weekly earnings of full-time nonhourly workers in the lowest-wage Census Region (currently the South). The Department is proposing to update the HCE total annual compensation requirement to remain at the annualized weekly earnings of the 85th percentile of full-time nonhourly workers nationally. The Department proposes to update both of these thresholds using the most recent available four quarters of data, as published by BLS, preceding the publication of the Department’s notice to automatically update the thresholds.


Because the proposed special salary level for American Samoa and the base rate for the motion picture industry are set in relation to the standard salary level, those earnings thresholds would also reset at the time the standard salary level is updated. At least 150 days before the date of the update of the standard salary level and the HCE total annual compensation requirement, the Department would publish in the Federal Register a notice with the new earnings levels described above.


26. Does the proposed rule include any special exceptions where the earnings thresholds would not be automatically updated?

The Department’s proposal includes a provision allowing the Department to temporarily delay a scheduled automatic update where unforeseen economic or other conditions warrant. This feature would afford the Department added flexibility to adopt to unforeseen circumstances without sacrificing the benefits provided by automatic updating.


Impact

27. What are the estimated costs, benefits, and transfers of the proposed rule?

The Department estimates that in Year 1, the proposed rule would impose $1.2 billion of direct costs on employers, including $427.2 million in regulatory familiarization costs, $240.8 million in adjustment costs, and $534.9 million in managerial costs. The Department estimates that the proposed rule would result in a Year 1 income transfer of $1.2 billion from employers to employees, predominantly from new overtime premiums, or pay raises to maintain the exempt status of some affected employees. Beyond these wage transfers, the proposal could reduce the risk of misclassification, increase worker productivity, reduce employee turnover, and increase personal time for workers. 


28. How many employees would be impacted by the proposed salary level increase?

In the first year, the Department estimates that 3.4 million workers exempt under the current regulations who earn at least the current weekly salary level of $684 but less than the proposed salary level of $1,059 would, without some intervening action by their employers, become newly entitled to overtime protection under the FLSA. 


Similarly, the Department estimates that an additional 248,900 workers who earn at least $107,432 per year (the current HCE total annual compensation level) and who meet the minimal HCE duties test but not the standard duties test, would, without some intervening action by employers, become eligible for overtime if the HCE total annual compensation level were increased to the proposed level of $143,988 per year. 



Source: U.S. Department of Labor – Frequently Asked Questions for the Notice of Proposed Rulemaking: Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

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Insurance Tips for a Safe Fourth of July Weekend

July 2, 2026
The Fourth of July is one of the busiest weekends of the summer. Families gather for backyard barbecues, friends spend time on the lake, fireworks light up the night sky, and many people travel to enjoy a long holiday weekend. It's also a time when insurance claims tend to increase. Property damage, boating accidents, grill fires, theft, weather-related losses, and injuries can quickly turn a relaxing weekend into an expensive one. While no one wants to think about insurance during a holiday, taking a few minutes to prepare beforehand can help you avoid unnecessary stress later. Here are several areas worth reviewing before the celebrations begin. Review Your Home Before Guests Arrive If you're hosting family or friends, your home naturally becomes the center of activity. Walk around your property as if you were seeing it for the first time. Look for uneven walkways, loose deck boards, damaged railings, poor lighting, or tree limbs that could become hazards. These small maintenance items are easy to overlook during everyday life, but they become more important when your property is full of guests. For more on hosting-related liability, you can read our recent blog here . It's also a good time to make sure smoke detectors and carbon monoxide detectors are working properly, especially if you'll be grilling or using outdoor cooking equipment. Think Beyond the Grill Backyard grilling is one of the most popular Fourth of July traditions, but it also contributes to thousands of residential fires each year. Keep grills several feet away from your home, deck railings, fences, and overhanging branches. Never leave a grill unattended, and keep a fire extinguisher nearby in case something unexpected happens. If you're using propane, inspect hoses and connections before lighting the grill. A quick inspection takes only a minute but can prevent much larger problems. Fireworks and Your Insurance Many homeowners assume their insurance automatically covers any damage caused by fireworks. The reality is more nuanced. Whether damage is covered often depends on how the fireworks were being used, whether they were legal in your area, and the circumstances surrounding the incident. Even if you plan to attend a public fireworks display instead of lighting your own, remember that neighbors may not make the same choice. It's worth understanding what your homeowners policy covers before the holiday arrives, rather than trying to answer those questions after an accident. Spending the Weekend on the Water? Here in the Finger Lakes, many families spend Independence Day boating, kayaking, paddleboarding, or using personal watercraft. Before heading out, take a few minutes to confirm: Your boat registration is current. Required safety equipment is onboard. Life jackets are available for every passenger. Your insurance policy reflects how you actually use your boat. Some homeowners are surprised to learn that watercraft coverage under a standard homeowners policy is often limited. Smaller items like canoes, kayaks, or small sailboats may have some protection, but coverage can depend on the size of the watercraft, horsepower, value, and how it is being used. Larger boats, personal watercraft, and higher-value equipment often require a separate boat policy or additional endorsement. If you purchased a boat, jet ski, trailer, upgraded motor, or new equipment since last summer, now is the time to review whether your coverage matches what you actually own and how you plan to use it. Protect Outdoor Investments Outdoor living spaces have become significant investments for many homeowners. Patio furniture, grills, outdoor kitchens, televisions, landscaping, pergolas, and other backyard improvements all add value to your property. Before leaving for the weekend or during periods of severe weather, secure or store loose outdoor items that could become damaged or cause damage to neighboring property. If you're traveling, consider bringing portable electronics inside and using timers on interior lights to make your home appear occupied. Summer Storms Can Arrive Without Warning The Fourth of July often brings afternoon thunderstorms across our region. High winds, heavy rain, hail, and lightning can cause roof damage, fallen trees, power outages, and flooded basements. If severe weather is in the forecast: Secure outdoor furniture. Charge phones and backup batteries. Move vehicles into a garage when possible. Check gutters and nearby storm drains for debris. Review your emergency contact information. While you can't control the weather, a little preparation can reduce both damage and disruption. A Good Time to Review Your Coverage Holiday weekends often remind us just how much we have to protect. Whether it's your home, your boat, your vehicles, or the memories you're making with family and friends, insurance works best when it's reviewed before it's needed. If it's been a few years since you've looked closely at your homeowners, auto, or recreational vehicle coverage, this can be a good opportunity to make sure your policies still reflect your current lifestyle. Enjoy the Weekend with Confidence Independence Day is meant to be enjoyed, not spent worrying about what could go wrong. A little preparation today can help you focus on what matters most: spending time with family, making memories, and celebrating safely. At Simco Insurance & Wealth Management , we're proud to help individuals and families throughout the Finger Lakes protect what matters most. If you have questions about your homeowners, auto, boat, or other personal insurance coverage, our team is always happy to review your policies and help you understand your options before the unexpected happens.

Workplace Safety: 4 Risks Employers Shouldn't Overlook

June 17, 2026
Every June, National Safety Month serves as a reminder that workplace safety is about far more than compliance. Organized by the National Safety Council, the annual campaign encourages organizations to focus on injury prevention, employee well-being, and creating safer work environments. While safety conversations often center around preventing accidents, many employers overlook the broader impact safety has on their business. Workplace injuries can affect productivity, employee morale, absenteeism, workers' compensation costs, turnover, and even an organization's reputation. The good news is that meaningful improvements do not always require major investments or large-scale initiatives. In many cases, the most effective safety improvements come from identifying everyday risks before they become larger problems. Here are four areas employers should evaluate as they work to strengthen workplace safety and reduce risk. 1. Review Hazards That Have Become "Normal" One of the biggest challenges in workplace safety is that regular exposure can make certain risks feel normal. A cluttered walkway, a damaged handrail, or poor lighting in a warehouse aisle may not seem urgent if employees navigate around them every day without incident. But the risks that become part of the daily routine are often the easiest to overlook. Over time, employees may learn to work around the hazard instead of reporting it, which increases the chance that a preventable issue eventually turns into an injury. Walk through your workplace with fresh eyes and ask supervisors and employees what concerns they see but have gotten used to. Some of the most valuable safety improvements come from addressing the issues everyone has quietly accepted as “just how things are.” 2. Look Beyond Physical Safety When people think about workplace safety, they often picture hard hats, warning signs, and protective equipment. Physical safety is critical, but employee well-being extends beyond preventing physical injuries. Fatigue, stress, burnout, and mental health challenges can all contribute to workplace incidents. Employees who are distracted, exhausted, or overwhelmed are more likely to make mistakes, miss warning signs, or take shortcuts that increase risk. National Safety Month's focus on holistic worker health reflects a growing recognition that employee well-being and workplace safety are closely connected. Employers can support both by encouraging reasonable workloads, promoting work-life balance, providing access to employee assistance resources, and fostering a workplace culture where employees feel comfortable speaking up when they need support. 3. Don't Ignore Your Driving Exposure Many organizations underestimate how much risk exists outside the walls of their workplace. Employees who drive for work, whether occasionally or daily, create exposure that can have significant financial and operational consequences. If employees operate company vehicles or drive on company business, consider reviewing: Driver qualification requirements Vehicle inspection procedures Distracted driving policies Motor vehicle record review practices Accident reporting procedures Even organizations that do not maintain a fleet often have employees traveling between locations, visiting clients, or running business-related errands. Safe driving practices should be part of every organization's overall safety strategy. 4. Pay Attention to the Small Incidents Many serious injuries are preceded by smaller incidents, near misses, or repeated unsafe behaviors. Unfortunately, these warning signs are often dismissed because no one was hurt. A near miss is valuable information, and provides an opportunity to identify risks and make corrections before an injury occurs. Encourage employees to report hazards, close calls, and safety concerns without fear of blame. The goal is not to assign fault, but to learn from small incidents before they become larger ones. Organizations that consistently track and address near misses often gain valuable insight into patterns that might otherwise go unnoticed. Safety Is a Business Strategy Strong safety programs help protect employees, but they also support broader business goals. Fewer injuries can mean lower workers' compensation costs, reduced absenteeism, improved productivity, and stronger employee retention. Employees who feel safe at work are often more engaged, more productive, and more likely to stay with an organization long term. Safety shouldn't be viewed as a once-a-year initiative. The most successful organizations treat it as an ongoing process of identifying risks, improving procedures, and supporting employees. Questions to Ask This Month As National Safety Month approaches, consider discussing these questions with your leadership team: Are there workplace hazards we've become accustomed to? Do employees feel comfortable reporting safety concerns? How are we supporting employee well-being beyond physical safety? Are our driving and vehicle-related risks being addressed? What recent near misses can help us improve? Sometimes the most valuable safety improvements begin with a simple conversation. At Simco , we work with organizations to help align HR, benefits, payroll, compliance, and commercial insurance strategies that support a safer, more productive workplace. Whether you're reviewing workplace policies, evaluating risk management practices, or preparing for future growth, taking a proactive approach to safety can benefit both your employees and your business.

Hosting a Graduation Party or Summer BBQ? What Upstate NY Homeowners Should Know About Liability

June 5, 2026
June in Upstate New York has a way of bringing everyone outside. Graduation parties fill backyards, grills get fired up, pools open for the season, and weekends start revolving around family, friends, neighbors, and good weather. Most homeowners think about the fun parts of hosting: food, seating, parking, decorations, and whether the weather will cooperate. Insurance is usually not at the top of the checklist. But when you invite people onto your property, you also take on a certain level of responsibility for their safety. That does not mean you should be afraid to host. It simply means it is worth understanding how liability works, where common risks show up, and when it may be a good idea to review your homeowners insurance before summer gatherings begin. What does liability mean for homeowners? Liability, in the context of homeowners insurance, generally refers to your financial responsibility if someone is injured or their property is damaged and you are found legally responsible. For example, a guest could trip on uneven patio stones, fall on a wet pool deck, get bitten by a dog, or be injured during a backyard game. In some situations, the liability portion of a homeowners policy may help with expenses such as legal defense costs, settlements, or medical-related claims, depending on the details of the situation and the terms of the policy. Every policy is different, and coverage depends on the facts of the claim. Still, liability coverage is one of the most important parts of a homeowners policy, especially for people who regularly host guests. Summer gatherings can create more exposure than homeowners realize A typical backyard party may feel casual, but from an insurance perspective, there are a lot of moving pieces. Guests may be walking through your yard, driveway, garage, deck, patio, or pool area. Children may be running around. People may be using stairs, outdoor furniture, grills, fire pits, trampolines, or playsets. If alcohol is served, the level of responsibility can become even more complicated. In Upstate NY, summer entertaining often includes properties with larger yards, older homes, uneven walkways, detached garages, rural driveways, lake access, pools, docks, or recreational vehicles. These features can make a home a wonderful place to gather, but they can also create risks that should be managed thoughtfully. The key question is not, “Could something go wrong?” The better question is, “Have I taken reasonable steps to make the property safe, and do I understand what my insurance may or may not cover?” Common hosting risks to think about before guests arrive Some risks are easy to overlook because they are part of everyday life at home. A loose step you have learned to avoid may not be obvious to a first-time guest. A dog that is comfortable around your family may react differently in a crowded backyard. A pool that feels routine to you may be a major attraction for children at a party. Before hosting, it is worth walking your property the way a guest would. Look for uneven walkways, loose railings, poor lighting, wet surfaces, cluttered stairs, exposed extension cords, unstable outdoor furniture, or areas where children could wander unsupervised. If you have a pool, trampoline, fire pit, grill, pond, dock, or other attractive feature, think carefully about supervision and access. These are often the areas where accidents happen quickly. You don't need to make your home perfect. But taking a few practical steps before a party can reduce the chance of injury and help show that you took safety seriously. Alcohol adds another layer of responsibility Many graduation parties, BBQs, and summer gatherings include alcohol. For hosts, this is an area where caution matters. New York has laws that can create consequences for providing alcohol to minors. Even beyond legal concerns, alcohol can increase the chance of falls, arguments, poor decisions, or unsafe driving after a party. If alcohol will be served, hosts should think about how it will be monitored, especially at graduation parties where underage guests may be present. Keep alcohol in a controlled area, avoid self-serve access for minors, and consider having non-alcoholic options readily available. It is also wise to pay attention to guests who may need a ride or should not be driving. This is not just a legal issue. It is a safety issue, a community issue, and potentially an insurance issue. Are pools, trampolines, and backyard features covered? Many homeowners assume that if something is on their property, it is automatically covered under their policy. That is not always the case. Certain features, such as pools, trampolines, diving boards, treehouses, docks, or recreational equipment, may need to be disclosed to your insurance carrier. Some companies have specific eligibility rules, safety requirements, exclusions, or underwriting guidelines around these risks. For example, an insurer may want to know whether a pool is fenced, whether a trampoline has a safety net, or whether there are certain structures on the property. If your home has changed since your policy was written, your coverage may not reflect your current situation. This is one reason a summer insurance review can be so valuable. If you added a pool, built a deck, installed a fire pit, bought a trampoline, added a dog, or started hosting more often, it may be time to check in with your agent. Why your liability limit matters Homeowners insurance policies include liability limits. That limit is the maximum amount the policy may pay for a covered liability claim, subject to the policy terms. The challenge is that serious injuries can become expensive quickly. Medical bills, legal fees, lost wages, and settlement costs can add up, especially if an accident results in long-term injury. Many homeowners have not looked at their liability limit in years. Some may have selected a limit when they first bought the home and never revisited it. But life changes. Home values change. Assets change. Families grow. Teen drivers, pets, pools, boats, camps, and frequent entertaining can all change your overall risk picture. A higher homeowners liability limit may be available, and some households may also benefit from a personal umbrella policy. When an umbrella policy may be worth discussing A personal umbrella policy provides additional liability protection above the limits of certain underlying policies, such as homeowners, auto, or recreational vehicle insurance. It is designed for larger liability claims where the underlying policy limit may not be enough. For summer hosts, an umbrella policy can be especially worth discussing if you have a pool, own a boat or recreational vehicle, have teen drivers, entertain often, own a rental or seasonal property, or simply want additional protection for your assets. Umbrella coverage is not a replacement for a homeowners policy. It works alongside eligible underlying policies, and it has its own terms, limits, and exclusions. But for many households, it can be a practical way to strengthen their overall protection. Do renters and condo owners need to think about liability too? Yes. Liability is not just a concern for traditional homeowners. If you rent a home or apartment and host friends for a summer gathering, renters insurance may include personal liability coverage. If you own a condo or townhouse, your condo policy may include liability coverage as well. However, the details can vary, and shared spaces may introduce additional considerations. For example, if a guest is injured inside your rented apartment, on your balcony, or in an area you are responsible for maintaining, your policy may come into play. If the injury occurs in a common area, the situation may involve the landlord, property owner, HOA, or condo association. The main point is simple: if you host guests, liability coverage is worth understanding, regardless of whether you own a house. A few simple steps before your next gathering Before your next graduation party, BBQ, pool day, or backyard get-together, take a little time to prepare your property. Make sure walkways are clear, stairs are well lit, railings are secure, and outdoor areas are free of obvious hazards. Keep pets separated if they may become overwhelmed. Supervise pools and play areas. Be thoughtful about alcohol, especially when minors are present. Check that grills, fire pits, and extension cords are placed safely. It is also smart to review your homeowners, renters, or condo insurance before hosting season gets into full swing. Ask about your liability limit, medical payments coverage, any exclusions that may apply, and whether an umbrella policy makes sense for your household. Hosting should feel enjoyable, not stressful Summer gatherings are part of what makes this season special in Upstate NY. Whether you are celebrating a graduate, inviting neighbors over for a cookout, or opening the pool for the first time, a little preparation can go a long way. Insurance may not be the most exciting part of party planning, but it can be one of the most important. Understanding your liability coverage helps you host with more confidence, protect your guests, and avoid surprises if something unexpected happens. Before the guests arrive, take a few minutes to look around your property and review your coverage. It is a small step that can make a big difference. If you are unsure whether your current policy fits your summer plans, our Personal Insurance Team at Simco Insurance & Wealth Management can help you review your options and understand what coverage may make sense for you and your family.

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