The Indiana State Department of Health (ISDH) today announced that 529 additional Hoosiers have been diagnosed with COVID-19 through testing at ISDH, the Centers for Disease Control and Prevention (CDC) and private laboratories. That brings to 10,641 the total number of Indiana residents known to have the novel coronavirus following corrections to the previous day’s total.
Donutting Drunk Driver Dares to Ditch Deputies
Shortly after 03:00 AM on April 17, 2020 a Vanderburgh County Sheriff’s deputy observed a blue 2005 Dodge Dakota with no headlights on doing “donuts†in a parking lot near University Drive and Rosenberger Avenue. As the deputy attempted to make a traffic stop, the driver ignored the deputy’s emergency equipment and fled at a high rate of speed.
The vehicle drove over a curb and attempted to drive down a steep embankment which caused it to roll over onto its passenger side. The deputy was able to get the driver out of the vehicle and placed him into custody. Once in custody the driver was transported to a local hospital for minor injuries.
During the course of the investigation the driver, identified as Jacob Randall Nugent, was found to be under the influence of alcohol. Once Nugent was treated for the minor injuries he was transported to the Vanderburgh County Jail.
Arrested: Jacob Randall Nugent (pictured above), 24, of Evansville, Indiana has been charged with: Resisting Law Enforcement as a Level 6 Felony, OMVWI as a Class A Misdemeanor, Criminal Recklessness as a Class B Misdemeanor, Violation of State Emergency Order as a Class B Misdemeanor, Reckless Driving as a Class C Misdemeanor, Operating a Motor Vehicle Without Proof of Insurance with a Prior Conviction as a Class C Misdemeanor and Driving on a Suspended License as an Infraction
Presumption of Innocence Notice: The fact that a person has been arrested or charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty in a court of law.
COVID-19 To Unleash Torrent Of Lawsuits Against Insurers
COVID-19 To Unleash Torrent Of Lawsuits Against Insurers
Businesses and not-for-profits in Indiana and across the country have begun suing their insurers in coronavirus-related claims disputes—and attorneys predict a flood of additional cases will follow.
Among the first out of the gate locally are the Indiana Repertory Theatre Inc. and Tom James Co., an Indianapolis-based maker of custom clothing and fabrics. Both filed suits in Marion Superior Court this month, saying their insurers improperly denied their claims for COVID-19-related financial losses.
IRT is suing the Cincinnati Casualty Co. and its insurance agent, Indianapolis-based McGowan Insurance Group LLC. Tom James Co. and 10 of its affiliated companies are suing suburban Chicago-based Zurich American Insurance Co.
The insurance industry is taking the position that most business-insurance policies don’t cover pandemic-related losses.
“The scope of this is just not an insurable event,†said Neil Alldredge, senior vice president of corporate affairs at the Indianapolis-based National Association of Mutual Insurance Companies. “It’s just such a widespread, large-scale event. It’s just not something that any private industry can manage on its own.â€
Indianapolis attorney Nick Reuhs, a partner at Ice Miller who represents policyholders in insurance disputes, said COVID-19 represents “an existential threat†to insurers because of the potential for such widespread losses.
Some specialty policies, such as event-cancellation insurance or loss-of-attraction coverage, should cover pandemic-related losses, Reuhs said, but these specialty policies represent only about 5% of all business insurance policies. “The other 95%, there’s going to be a dispute.â€
Reuhs added: “These are going to be tested over the next years in every state, in all different contexts. … Most policies are an uphill battle [for plaintiffs], but there are going to be some wins.â€
Fighting For Cash
In their suits, Tom James and the IRT say the pandemic has forced them to shut down, which has resulted in financial losses. But each presents a slightly different argument for why its insurer should cover claims.
The Indianapolis firm of Plews Shadley Racher & Braun is representing the plaintiffs in both cases. Attorney George Plews, who is involved in the cases, declined to comment.
The Cincinnati Casualty Co. and Zurich American also declined to comment.
Tom James makes standard and custom-tailored clothing as well as interior decor fabrics. It’s based in the Allison Pointe Office Park just west of Allisonville Road in Castleton and has manufacturing sites around the United States and abroad. The company sells its clothing via appointment at customers’ homes and offices.
In its April 10 lawsuit, Tom James said it bought $200 million in coverage from Zurich in the form of an “all risks†policy that covers physical loss or damage to the insured property.
Tom James also says it bought several additional special coverages, one of which covers business suspensions caused by a civil or military order that is related to physical loss or damage to property not covered by the policy.
Tom James is asking the court to declare that its policy covers its claims, and to order Zurich to pay these claims as well as unspecified damages.
The IRT filed its suit April 3. Initially, the sole defendant was Cincinnati Casualty Co. But a week later, the theater amended its complaint to add Indianapolis-based McGowan Insurance Group LLC.
In its suit, the IRT says it has done business with McGowan since 1998, but the agency never advised the organization about specialty insurance it might purchase, including event-cancellation policies, until after COVID-19 had been discovered in the United States.
The theater says it is seeking unspecified damages against McGowan because of the agency’s “negligent failure†to advise IRT about the availability of such specialty policies.
In the lawsuit, the IRT said The Cincinnati Casualty Co. denied its claim on March 23 on the grounds that the theater had not suffered a “direct physical loss or damage†to its covered property.
The IRT says Cincinnati is now trying to define direct physical loss or damage as “a physical effect on covered property, such as deformation, permanent change in physical appearance or other manifestation of a physical effect.†However, the theater organization says that verbiage appears nowhere in the policy.
The IRT says its loss of use of its theater qualifies as a direct physical loss. It also asserts that, if its insurer had intended to exclude virus-related losses, it should have specified that in the policy.
Key Issues
The definition of “physical loss or damage†will likely be a key issue in many COVID-19 insurance court cases, said Indianapolis attorney Tom O’Gara, a partner at Taft Stettinius & Hollister LLP.
“The question is probably really going to hinge on what a court interprets physical loss or damage to be,†O’Gara said. “The wording [in the contract] could be very critical.â€
Another key issue will be whether policies specifically exclude coverage of virus-related losses. Though the SARS epidemic of 2003 was far less severe than the COVID-19 pandemic, it prompted more insurers to write that exclusion into their policies, Alldredge said.
But even that issue might not be black and white. A policy that includes civil authority coverage — meaning it covers losses stemming from government shutdown orders — might also have a virus exclusion, which could pave the way for a dispute about how broadly the virus exclusion should be applied.
“Was the policy clear and nonambiguous about what was covered and what was excluded?†O’Gara said. “There’s going to be a fair amount of litigation, both in Indiana and across the country, about this.â€
Gov. Beshear Outlines 7 Benchmarks to Reopen Commonwealth’s Economy
Gov. Beshear Outlines 7 Benchmarks to Reopen Commonwealth’s Economy
Governor urges cautious optimism, reminds Kentuckians to remain flexible and patient
FRANKFORT, Ky. (April 17, 2020) – On Friday, Gov. Andy Beshear discussed benchmarks that the commonwealth must meet in order to start reopening the state’s economy while keeping Kentuckians safe from the novel coronavirus 2019 (COVID-19). The steps reflect federal guidance announced Thursday by the White House.
“We believe our approach is very much in line with the White House. The plan put out by the White House has certain thresholds that states should meet before we start taking certain steps,†Gov. Beshear said. “The benchmarks are being driven by public health. We are all on the same page about what keeps people safe.â€
The Governor acknowledged Kentuckians’ sacrifices and said we must all stay resilient as we work our way out of this.
“We have to make sure we do it smartly, we do it safely,†he said. “That we don’t let our guard down, that we don’t start focusing on the next game until we win this game.â€
Gov. Beshear said that the state’s seven benchmarks to be assessed will determine the phases for reopening parts of the economy.
Benchmark criteria for Kentucky to move to the first stage
- 14 days where cases are decreasing
- Increased testing capacity and contact tracing
- Personal protective equipment (PPE) availability
- Ability to protect at-risk populations
- Ability to social distance and follow the Centers for Disease Control and Prevention (CDC) guidelines on large gatherings
- Preparedness for possible future spike
- Status of vaccine and treatment
 Dr. Steven Stack, commissioner of the Department for Public Health said, “Normal going forward is not the same as normal going into this. When we start lifting restrictions, I want to be very clear, there will be more disease. More people will get infected. There is a counterbalancing need with people’s need to go on with life and people need to remain safe. We have recognized that all along.â€Â
Once Kentucky meets certain first stage benchmarks, the White House provided guidance on what the first stage of reopening could like, which could include:
Guidance for the first stage of reopening
Individuals
- Individuals should continue to practice good hygiene
- People who feel sick should stay home
- All vulnerable individuals should continue to shelter in place
- All individuals, when in public, should maximize physical distance from others
- All individuals should avoid gatherings of more than 10 people unless precautionary measures can be strictly observed
- Minimize non-essential travel and adhere to CDC guidelines regarding isolation following travel
Employers
- Should continue to encourage telework
- If possible, should return to work in phases
- Close common areas
- Minimize non-essential travel and adhere to CDC guidelines regarding isolation following travel
- Strongly consider special accommodations for personnel who are members of a vulnerable population
Specific types of employers
- Schools and organized youth activities that are currently closed should remain closed
- Visits to senior living facilities and hospitals should still be prohibited
- Large venues (sit-down dining, movie theaters, sporting venues, places of worship) can operate under strict physical distancing protocols
- Elective surgeries can resume, as clinically appropriate, on an outpatient basis at facilities that adhere to CMS guidelines
- Gyms can reopen if they adhere to strict physical distancing and sanitation protocols
- Bars should remain closed
For more information on the White House’s criteria and all three proposed phases of reopening, visit whitehouse.gov/openingamerica.
The Governor reminded Kentuckians how important it is to stay fluid and flexible based on the severity and number of cases in the state and the status of a vaccine and treatment options.
“We think that following these benchmarks, possibly before May we could see some loosening in the health care area,†Gov. Beshear said. “We could see the ability to open up in some small ways before May, during May and beyond, but this will be a phased approach based on our benchmarks and recommendations from many groups. We have to ensure any actions we take to protect the sacrifices that so many Kentuckians have made.â€
 Kentucky reports first incarcerated offender death related to COVID-19
Friday morning, an offender from Green River Correctional Complex passed away in the hospital after battling COVID-19. The 49-year-old man was admitted to the hospital on April 8, and tested positive for COVID-19 the following day. His family has been notified.
The offender was serving a nine-year sentence out of Jefferson County for assault second and escape second and had approximately three years left to serve of his sentence. He was not eligible for the conditional commutations issued by Gov. Beshear.
The Kentucky Department of Corrections has approximately 12,000 incarcerated offenders in 13 prisons and 4,000 employees. Currently, 19 inmates and 15 staff have tested positive for COVID-19. Five have recovered. The agency also supervises about 50,000 offenders in the community through probation and parole.
The Kentucky DOC is working closely with the Kentucky Department for Public Health and is committed to following the proposed guidance from the CDC on Correctional and Detention Facilities.
4.6 million meals
Kentucky schools provided more than 4.65 million meals, including breakfasts, lunches, and dinners, to students in March through feeding sites, according to the Kentucky Department of Education. On average, 230,000 children were served meals each day.
Case information
As of 5 p.m. April 17, Gov. Beshear said there were at least 2,522 coronavirus cases in Kentucky, 134 of which were newly confirmed. Gov. Beshear said the now 11-day-old baby, who had tested positive and announced yesterday, is now at home. He said he was very thankful for that news.
Unfortunately, Gov. Beshear also reported eight new deaths Friday, raising the state’s toll to 137 deaths related to the virus.
Gov. Beshear continued to encourage Kentuckians to light up their homes and businesses green for those we have lost as a sign of compassion and renewal.
The newly reported deaths include two 80-year-old women from Jefferson, a 64-year-old man from Jefferson, an 83-year-old man from Russell, a 93-year-old woman from Graves, a 96-year-old man from Russell, a 73-year-old man from Jefferson and a 49-year-old man from Muhlenberg.
At least 979 people have recovered from COVID-19 in Kentucky.
To date, at least 30,596 people have been tested. At least 1,008 people have ever been hospitalized with 360Â currently hospitalized.
At least 514 have ever been in the ICU with at least 227 people currently in the ICU.
Gov. Beshear also offered an update on the racial breakdown of COVID-19 patients and victims, which unfortunately highlights existing disparities in health and health care access.
The Governor said with about 76.38% of the known cases accounted for, 79.30% of Kentuckians who tested positive were Caucasian, 12.33% were African-American, 4.87% were multiracial, 3.43% were Asian and 0.06% were Native American or Alaskan Native.
The Governor also said with about 69.99% of the known cases accounted for, 93.11% of people who tested positive were non-Hispanic and 6.89% were Hispanic.
On fatalities attributed to the coronavirus, with about 81.75% of the known cases accounted for, Kentucky deaths are about 77.68% Caucasian, 21.43% African-American and 0.89% Asian.
On fatalities attributed to the coronavirus, with about 81.75% of the known cases accounted for, Kentucky deaths are about 99.11% non-Hispanic and 0.89% Hispanic.
More information The Governor is asking all Kentuckians to continue to fight the spread of the virus by following his 10-step guidance, which includes practicing social distancing and staying healthy at home. Gov. Beshear says these efforts have the potential to save the lives of as many as 11,000 Kentuckians.
Read about other key updates, actions and information from Gov. Beshear and his administration at governor.ky.gov, kycovid19.ky.gov and the Governor’s official social media account Facebook, Twitter and YouTube. Watch the Governor’s social media accounts at 5 p.m. ET each day for his regular briefing. Kentuckians can also access translated COVID-19 information and daily summaries of the Governor’s press conference at tinyurl.com/kygovespanol (Spanish) and tinyurl.com/kygovtranslations (more than 20 additional languages).
The U.S. Centers for Disease Control and Prevention (CDC) encourages people to follow these steps to prevent illness. Kentuckians who want advice can call the state hotline at 800-722-5725 or call their local health care provider.
Indiana Election Commission Order 2020-40
Today, the Indiana Election Commission voted unanimously to enact Indiana Election Commission Order 2020-40, implementing a number of emergency provisions for the delayed Primary Election now scheduled for June 2nd, 2020. The goal of this order was to provide clarity, guidance, and flexibility to county election administrators as they begin executing the June 2nd Primary. The order, which is attached here, includes the following adjustments to the normal primary election process:
- Ensures that we will have an in-person election statewide on the planned June 2nd Primary Election Date.
- Limits the start of early voting in person from 28 days to 7 days prior to the election. The period of absentee in-person voting will begin Tuesday, May 26th and end at noon (prevailing local time), Monday, June 1st.Â
- Re-enforces that there is no “home rule†authority to order or conduct elections in Indiana, meaning that all localities across the state must abide by state election laws and guidelines.
- Requires the Secretary of State and the Indiana Election Commission to provide to each county special procedures and guidelines for carrying out a safe election under the given circumstance.
- Advises counties that under Indiana Code, public buildings shall be made available to be designated as polling locations or vote center locations for the June 2, 2020, Primary Election.Â
- Gives county election administrators flexibility on the number of central count locations to allow for appropriate social distancing.
- Ensures that each vote center county will have at least one vote center per 25,000 active voters.Â
- Reiterates Indiana Code which allows for the consolidation of adjoining precincts
- Allows for the nomination of any registered Indian voter as precinct election officers, absentee board members, and poll watchers.
Throughout this order, we successfully advocated for maintaining the usual unanimous vote requirement needed to make changes to local election planning. It is essential that our Indiana GOP Chairmen and their election board appointees are fully engaged in any discussions on consolidating precincts or vote centers and in setting the number of central count locations. Having seen unsuccessful elections carried out in places like Wisconsin, it is clear that any effort to consolidate precincts should be done responsibly, with a focus on the public health and safety of voters and election workers. Consolidation of polling locations and vote centers if not done responsibly, may lead to long lines, and increased health risk to both. Proper attention should be paid to appropriate public health guidance (as included in Order 2020-40), social distancing, and hygiene throughout the election planning process.Â
As usual, the Indiana Republican Party stands ready to offer guidance and advise as desired. Please do not hesitate to reach out if you have questions about this or anything else relating to the June 2, Primary Election.
State Extends FAFSA Filing Deadline Beyond April 15
Commission for Higher Education implores students to file ASAP, limited funding available on the first-come basis
The Indiana Commission for Higher Education has extended the filing deadline for the 2020-2021 Free Application for Federal Student Aid (FAFSA) beyond the state’s original April 15 deadline. The extension is intended to ensure as many Hoosiers as possible can access financial aid in the coming academic year in the midst of challenges presented by the coronavirus.
Students who did not file the FAFSA before the April 15 deadline are encouraged to submit the form atFAFSA.gov as soon as possible. The Commission will consider students who file past the original deadline, however, limited funding is available on a first-come basis.
The extension applies to the 21st Century Scholarship and the Frank O’Bannon Grant. There is no FAFSA deadline for Hoosiers applying for the Next Level Jobs Workforce Ready Grant.
“The FAFSA filing period opened in October 2019 and we always recommend students file the FAFSA as early as possible. We know there are unusual pressures on students and families right now,†said Indiana Commissioner for Higher Education Teresa Lubbers. “For years, Indiana has focused on making college more affordable for Hoosiers and we have been successful in that pursuit. Extending the FAFSA deadline during these extenuating circumstances is one more way we are committed to helping Hoosiers continue to prepare for their futures.â€
The number of Hoosiers filing a FAFSA has decreased this year, which is likely because in-person, in-school learning has been canceled for the year, as have many FAFSA filing support events. As of April 13, Indiana residents filed over 215,000 FAFSAs in the 2020-21 application year, a decrease of 2.5 percent from the 2019-20 application year.
The Commission mailed out paper FAFSA forms to high school seniors enrolled in the 21st Century Scholars program and hosted two virtual FAFSA filing events, offering live help on social media and by phone for students and families. Efforts supported a 4 percent increase in the amount of completed FAFSAs in the weeks leading up to the April 15 deadline.
File the FAFSA at FAFSA.gov. Learn how to create a Federal Student Aid ID here and visit LearnMoreIndiana.org for more resources, including the information needed to file.
Three-day Weeks And No Grades: Here’s What Some Indiana Remote Learning Plans Look Like
The boys — one in middle and one in high school — live with her 80-year-old mother, who was unable to keep up with the needed technology. Offit Allen stepped into field emails from their teachers and pick up a laptop the high school distributed.
She expected their days would look similar to a regular school day. Instead, she said they get assignments three days a week, which could take less than an hour a day to finish. “Isn’t that weird?†Offit Allen said. “Tuesday through Thursday. Then what are they going to think about Monday and Friday? Not much.â€
With the state’s Friday deadline for districts to submit their remote learning plans, Indiana is getting its first detailed look at what closures will mean for its 1.1 million students.
In Indiana, it’s up to school districts to decide how to meet the state’s mandate that learning continues remotely for the rest of the academic year. That means e-learning days look different as schools grapple with the best way to meet what are typically simple requirements — such as taking attendance and doling out grades.
The stakes are high because students will go months without classroom instruction, and those who don’t participate could fall further behind.
The Indiana Department of Education recommends that teachers give middle and high schoolers no more than three hours of work a day, with a minimum of half an hour of work for each subject. That time drops for younger students, to at least 90 minutes per day for grades 4 and 5 and about an hour for grades 2 and 3.
Angela Sheffield, a seventh-grade teacher in Lafayette, said those shorter hours take into account families’ varied schedules and make room for the discussions and group work that typically happens in the classroom. Most e-learning is distilled down to only assignments and practicing skills, she said.
“I think about how weary a student gets just doing those things, I think the timing matches that very well,†Sheffield said.
Many districts have opted to move to do three-day weeks to finish out the year, in part to give teachers time to reach out to students and prepare online lessons or paper packets. But how often assignments are posted and whether students are required to finish the work varies.
In many districts, students are left to work on assignments at their own pace. Some school systems have assignments due by the end of the day. Others, like Warren Township Schools, give students until the end of the week or longer. Deadlines for paper packets could be even farther out.
District leaders say it’s tricky to push students to participate and continue learning without punishing students who don’t have access to technology or who struggle without teacher supervision. That balance complicates both grading and taking attendance.
In Warren Township, Superintendent Tim Hanson said teachers are not giving out grades for K-8 students during closures, although teachers are still providing feedback on their work during biweekly video conferences or phone calls. High schoolers are still receiving grades on assignments, but the work they do remotely can only improve their overall class grade, Hanson said.
More important than grades, he said, is fostering human connections. “In this time where we are not able to connect, that is our priority,†he said.
The district scrambled this week to distribute around 7,500 devices that typically stay in classrooms to K-8 students after it became clear buildings would not reopen this school year. The district doesn’t have participation data, yet, Hanson said. Previously, when closures were thought to be temporary, students were given packets of optional work to do.
Students in Warren Township are marked present if they submit any work for the week or are in contact with a teacher, either during virtual class meetings or on one-on-one phone calls.
It’s a different approach than in suburban Avon Community Schools, where students are marked present only if they turn in their assignments posted online by teachers that day. At Tindley charter schools in Indianapolis, students must log on for video class meetings or risk being marked absent.
“We are sending a message that this is school but just school done in a different way,†Tindley’s CEO Brian Metcalf said.
Tindley distributed devices to students in grades 3-12 and helped families sign up for internet service. Attendance will not be used to penalize students, Metcalf said. Instead, the network plans to use the information to signal which families may need a check-in.
In Gary, schools started out by distributing paper packets to all of its more than 4,000 students but has since moved to put lessons online three times a week. Laptops were distributed to high school seniors, but other students are asked to use their own devices. The district is now down to delivering a few hundred paper packets, said its interim emergency manager Paige McNulty.
Only high schoolers are receiving grades, with teachers directed to be flexible. As for attendance, students are counted as present if a teacher is able to make contact with them at some point during the week.
“Because of the situation we are in where not all of our students have school-issued devices we don’t want to penalize students who don’t have that access,†said the district’s chief academic officer Kim Bradley.
Gary administrators said the district, using federal stimulus money, is considering moving up to the fall its plans to provide a device and hotspot for every student.
In the state’s largest district, Indianapolis Public Schools, elementary and middle school students are primarily doing paper packets of work, while high school students have virtual instruction. The district has not released an attendance policy yet.
Even in districts where students have a device and will continue to be graded, the content they are completing isn’t always as rigorous as it would have been in the classroom.
“I am not doing what I consider teaching,†said Sheffield, who moved to Lafayette Schools three years ago, but has been teaching for 27. “I am doing complete review work and keeping their minds active in reading or writing.â€
Remote learning makes it difficult to gauge what a student knows and how many are keeping up, said Sheffield.
“I can’t build upon anything because I don’t have a sense of what the students are actually learning if anything.â€
As for Offit Allen’s nephews, they are now doing closer to two or three hours of work each day as Washington Township continues to make its online learning more robust. When schools first closed Offit Allen they were told none of their assignments would be graded, but then last week teachers sent emails saying some assignments would be graded after all.
That offers a little more motivation, Offit Allen said. Until schools reopen, Offit Allen said she’d like her nephews to do more each day, even if it’s not required schoolwork, such as reading a book or watching the news for half an hour.
“You’ve got to try to keep things as normal as possible,†she said. “So that you don’t get further behind.â€
March Indiana Employment Report
March Indiana Employment Report
Important note: Most of this information was from a survey conducted
on March 12, 2020.
INDIANAPOLIS (April 17, 2020) – Indiana’s unemployment rate stands at 3.2 percent for March and remains lower than the national rate of 4.4 percent. The monthly unemployment rate is a U.S. Bureau of Labor Statistics (BLS) indicator that reflects the number of unemployed people seeking employment within the prior four weeks as a percentage of the labor force.
Indiana’s labor force had a net decrease of 119,073 over the previous month. This was a result of a decrease of 391 unemployed residents and a decrease of 118,682 employed residents. Indiana’s total labor force, which includes both Hoosiers employed and those seeking employment, stands at 3.27 million, and the state’s 62.2 percent labor force participation rate is below the national rate of 62.7 percent.
Learn more about how unemployment rates are calculated here: http://www.hoosierdata.in.gov/infographics/employment-status.asp.
Employment by Sector
Private sector employment has decreased by 17,800 over the year and by 18,700 over the previous month. The monthly decrease is primarily due to losses in the Leisure and Hospitality (-7,400), the Trade, Transportation and Utilities (-4,200) and the Manufacturing (-2,600) sectors. Total private employment stands at 2,727,300, which is 22,000 below the January 2019 peak.
Midwest Unemployment Rates
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EDITOR’S NOTES:
Data are sourced from March Current Employment Statistics, Local Area Unemployment Statistics – U.S. Bureau of Labor Statistics
March employment data for Indiana Counties, Cities and MSAs will be available Monday, April 20, 2020, at noon (Eastern) pending U.S. Bureau of Labor Statistics validation.