Labor & Employment Law

Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 21, 2013

Governor signs legislation overhauling workers’ compensation system - Eliminates court-based system; employers now have choices

by McAfee & Taft on 5/7/2013

Today is a historic day for employers in the State of Oklahoma. Governor Mary Fallin signed legislation eliminating the current court-based workers’ compensation system and replacing it with a system that gives employers...more

Employment Law Newsletter: April 2013

by Mandy Arjmand, Laura Flynn, J. Stephanie Krmpotic, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 4/17/2013

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....more

Fenwick Employment Brief - November 2012

by Allen M. Kato, Michael A. Sands | Fenwick & West LLP on 11/14/2012

In This Issue: - Court Refuses To Force Human Resources Director To Arbitrate Dispute Despite Misrepresentations That She Had Signed Arbitration Agreement - California Employers Allowed To Round Employee Time To...more

Can a Tennessee Titan Seek Workers' Comp in California?

by Manatt, Phelps & Phillips, LLP on 8/8/2012

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

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

by Barger & Wolen on 5/21/2012

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

Fenwick Employment Brief - March 13, 2012

by Fenwick & West LLP on 3/19/2012

In this issue: Attack On Outside Sales Exemption Could Not Be Litigated As Class Action; Individual Supervisor May Be Liable For Fmla Violation; NLRB New Poster Regulation Upheld In Part; New FMLA Regulations Expand Scope...more

I’ve been released from care with permanent restrictions and I can’t go back to work in my previous job. Do I still get paid...

by Katz, Friedman, Eagle, Eisenstein, Johnson &... on 11/16/2011

If your employer cannot accommodate your restrictions, then yes you would continue to be entitled to benefits under the Act. These benefits are called Maintenance benefits. These are different than temporary total disability...more

Illinois Court on Admissibility of Economist’s Testimony in Workers’ Compensation Case

by Howard Ankin on 2/4/2011

In a recent Appellate Court of Illinois, First District decision, United Airlines v. Workers’ Compensation Commission, No. 1-09-2966WC, at issue was whether the lower court properly upheld the adoption of the decision of...more