General Business Labor & Employment Worker’s Compensation

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California Legislative Update: September 2014

In September 2014, California Governor Jerry Brown signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On...more

Comcare licensees: Push to lower barriers to entry to the federal WHS system

The Federal Government is proposing to make it easier for businesses to opt out of State and Territory specific work health and safety (WHS) laws and to join the Federal WHS system. The case for self-insurance...more

Be Global - September 2014 (Global Labor & Employment)

Highlights: Australia: No implied term of mutual trust and confidence in Australian employment contracts - In a welcome development for employers, the High Court of Australia has handed down a landmark decision that...more

New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey's Appellate Division upheld a provision in a job application that limited the time in which an employee...more

Does the Workers' Compensation Commission Have Exclusive Jurisdiction Over Claims for Referral Fees?

In the closing days of its May term, the Illinois Supreme Court allowed a petition for leave to appeal from a decision of the Appellate Court for the Second District in Ferris, Thompson and Zweig, Ltd. v. Esposito. Ferris,...more

Passing AB 1897 Means Greater Liability for Employers Who Use Labor Contractors

The Issue: Today, many employers rely on labor contractors or temporary employment agencies to sustain their operations. Occasionally, however, labor contractors fail to comply with labor laws and regulations by failing to...more

Seventh Circuit Addresses Coverage Under Workers’ Comp Policy

In its recent decision in YKK USA, Inc., v. Safety Nat’l Cas. Corp., 727 F.3d 782 (7th. Cir. 2013), the United States Court of Appeals for the Seventh Circuit had occasion to consider whether an employee’s common law claim...more

Supreme Court Decision on Departing Employees & Releasing Workers’ Compensation Claims Against Employer

The Connecticut Supreme Court recently released a decision, SC19085 that puts to bed an issue that frequently arises when employers attempt to have departing employees release ALL claims against the company – including...more

Arbitration Agreement Awarding Fees To Prevailing Party In FLSA Case Held Not Enforceable By Florida’s Second DCA

Florida’s Second District Court of Appeal recently held that an arbitration agreement was unenforceable in the context of a claim brought under the federal Fair Labor Standards Act (FLSA) when the agreement provides for an...more

Keeping The Jury At Bay: Workers' Compensation Retaliation Claim Is Subject To Arbitration

A workers' compensation retaliation claim must be arbitrated under the parties' arbitration agreement, according to a recent decision by Florida's Second District Court of Appeal, Audio Visual Innovations, Inc. v. Spiessbach...more

Tips for Negotiating Collateral Agreements to Workers’ Compensation Insurance Policies

When purchasing, or considering the purchase of, large deductible (LD) workers’ compensation, auto, and other policies, insurance companies often require the policyholder to post collateral to secure the risk. This collateral...more

A TERCEIRA ONDA DO DIREITO DO TRABALHO NO BRASIL

Trata-se de um estudo sobre a atual situação do direito do trabalho no Brasil e suas implicações sobre os resultados financeiros das empresas....more

2012 Workers Compensation Reform In California

Workers Compensation reform is on the way. Cynics might ask, didn’t we do this several years ago? Yes we did. In the late 1990’s, overutilization of medical services, higher-than-normal indemnity benefit costs, and...more

Hiring Long Lasting Employees

Hiring long lasting employees is of great benefit to a business, even these days when workers are especially mobile, often changing jobs and employers on a regular basis. The old paradigm of workers staying with one...more

California Tightens Restrictions on Referrals of Workers’ Compensation Patients

On August 31, 2012, the California legislature approved Senate Bill 863, which, among other things, added Section 139.32 to the Labor Code. This provision creates a new series of referral prohibitions relating to the...more

OSHA Requirements for Small Business

The Occupational Safety and Health Administration (OSHA) is part of the US Department of Labor. It was created “to assure safe and healthful working conditions for working men and women by setting and enforcing standards and...more

Can a Tennessee Titan Seek Workers' Comp in California?

Football is a violent game, and many of the warriors who play it professionally find their careers cut short by brutal injuries. Even those players who are able to complete an entire career without incident may find...more

State Supreme Court Extends Workers' Compensation Liability to Subcontractor's Employees

Under the Pennsylvania Workers’ Compensation Act (“Act”), employers are required to maintain workers’ compensation insurance coverage. Generally, the employer’s obligation extends only to maintaining coverage for its...more

Employer Right to Control Workers Comp Medical Care Challenged By Court of Appeals

Under current workers’ compensation laws, employers in California have the right to choose the medical facility where an injured employee is treated by properly implementing a designated Medical Provider Network (MPN). This...more

Lumbermens Enters Rehabilitation: What Are the Consequences for Its Policyholders?

Lumbermens Mutual Casualty Company and American Manufacturers Mutual Insurance Company (part of the Lumbermens Mutual Group and formerly known as Kemper) (“Lumbermens”), after years of struggling financially under the...more

Action Against Workers' Comp Claims Administrator Not Covered by Insurer's Arbitration Provision, Court of Appeal Rules

In DMS Services, Inc. v. Superior Court, the Plaintiff brought suit in California state court for breach of contract, bad faith and related claims against the third-party administrator, or TPA, responsible for managing its...more

Frights Survive Halloween Night - Bed Bugs Continue to Bite

Halloween is over, but we still cringe as bed bugs continue to feed on the blood of their hosts. Despite studies by the Centers Disease Control there is no conclusive evidence linking bed bugs to illnesses; the bites are...more

Individual Redundancy Consultation in England - A Short Guide 2011

INDIVIDUAL REDUNDANCY CONSULTATION IN ENGLAND In today’s economic climate, businesses may need to consider reducing the workforce in order to cut costs. If proposing to dismiss as redundant less than 20 employees, the...more

Stakeholder Pensions in England - a short guide 2011

Stakeholder Pensions in England Employers who employ 5 or more employees are obliged to offer their employees access to a stakeholder pension scheme (unless another qualifying pension scheme is provided by the employer),...more

Retail Industry Update - September 2011: The Injured Worker - Practical Approaches For Avoiding Lawsuits

By Ed Harold (New Orleans) Retail jobs almost all require certain physical capabilities. These can include physical work such as moving heavy inventory, pushing a mop, bending to assist a customer in getting a product...more

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