News & Analysis as of

Workplace Injury State and Local Government

Spilman Thomas & Battle, PLLC

Intentional Tort Legislation Damages Cap Passed in West Virginia Legislative Session 2023

In the 2023 West Virginia Legislative Session, new legislation was passed to cap damages in deliberate intent cases. House Bill 3270 amends West Virginia Code § 23-4-2 and the deliberate intent exception to the exclusive...more

Brooks Pierce

OSHA Launches National Emphasis Program Targeting Heat-Related Workplace Illness and Injuries

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As the temperatures rise, so will pressure on employers to monitor and address heat-related concerns in the workplace.  Identifying heat illness and its related risks, including death, as a “top priority” for enforcement,...more

Butler Snow LLP

From Contractor to Conflict: Independent Contractors and On-the-Job Injuries

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With the proliferation of mobile applications providing ride-share, third-party food delivery, and even same-day handyman services has come a national conversation about the use of independent contractors to carry out core...more

Snell & Wilmer

Utah’s Employer/Independent Contractor Distinction Remains Cloudy, Even To Judges

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In a February 3, 2022 opinion by the Utah Court of Appeals, the struggle that courts have in distinguishing between employees and independent contractors continues. In Jensen Tech Services and Sentinel Insurance Company,...more

Buckingham, Doolittle & Burroughs, LLC

HB 81 Brings Ohio Workers’ Compensation Law Changes

Changes to Ohio’s Workers’ Compensation Law take effect on September 15, 2020. House Bill 81 makes five notable amendments to the current law: •The time requirement for filing a Violation of a Specific Safety Requirement...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 17, 2020

This 17th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses everything from insurance coverage disputes to statewide shutdown orders. Despite an uphill climb towards liability, businesses...more

Bricker Graydon LLP

Governor DeWine approves numerous changes to Ohio workers’ compensation

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On June 16, 2020, Ohio Governor DeWine signed House Bill 81, legislation that intends to alter a number of aspects of the state’s workers’ compensation system. ...more

Littler

California Executive Order Extends Certain Cal/OSHA Deadlines for Issuing and Appealing Citations

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The COVID-19 pandemic and statewide closures have brought significant disruptions to government functions and the private sector.  Cal/OSHA, the agency responsible for enforcing the state’s occupational safety standards, has...more

Littler

CAL/OSHA Issues Guidance on Recording and Reporting Requirements for COVID-19 Cases

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On May 27, 2020, the California Division of Occupational Safety and Health (“Division”), also known as Cal/OSHA, issued the following guidance for employers regarding recording and reporting requirements pertaining to...more

Littler

California Creates a Rebuttable Presumption that Certain Workers Who Report COVID-19 Illness Are Entitled to Workers’ Compensation...

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On May 6, 2020, California Governor Gavin Newsom issued Executive Order N-62-20, immediately creating a monumental change in how claims of industrially contracted COVID-19 suffered by the state’s “essential workforce” will be...more

Littler

COVID-19 Safety Standards for Food Sector Workers: Cal/OSHA and Governor Newsom Weigh In

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While most of California has been shuttered since county health care officials, Governor Newsom and mayors throughout the state issued orders closing most businesses, schools and other institutions during the COVID-19...more

Best Best & Krieger LLP

Doing Business in 2020: California’s New Workplace Legislation

Part 1: New Labor & Employment Laws Impacting California’s Public and Private Entities - California lawmakers passed a range of employment laws last year aimed to extend benefits and workplace protections to more workers and...more

Littler

New Mexico Supreme Court Holds Tribal Casino Immune from Workers’ Compensation Claims

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On January 16, 2020, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in...more

Seyfarth Shaw LLP

This Week – Cal/OSH Board to Vote on New Regulation to Allow Employees and Union Representatives to Request Workplace Injury and...

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Seyfarth Synopsis:  The Cal/OSH Standards Board will vote this week on a proposed standard requiring employers to provide their employees and employee representatives access to the company’s Injury and Illness Prevention...more

Seyfarth Shaw LLP

ALL California Employers Must Have Injury and Illness Prevention Programs

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Seyfarth Synopsis: A unique element of Cal/OSHA is its requirement that ALL employers have a written Injury and Illness Prevention Program (IIPP). 8 CCR 3203....more

Seyfarth Shaw LLP

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

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Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Seyfarth Shaw LLP

Reminder To All Employers With Establishments in California: You Are Required To Have An Injury and Illness Prevention Program —...

Seyfarth Shaw LLP on

Seyfarth Synopsis:  One of the unique elements of Cal/OSHA is a requirement that ALL employers have a written Injury and Illness Prevention Program (IIPP). 8 CCR 3203....more

Seyfarth Shaw LLP

Changes to Cal/OSHA Reporting Requirements Go Into Effect January 1, 2020

Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective January 1, 2020, Cal/OSHA is revising its injury reporting obligations to be more aligned with the injury reporting obligations under federal OSHA....more

Seyfarth Shaw LLP

Reminder — Cal/OSHA Emergency Regulation to Protect Workers from Wildfire Smoke Now in Effect

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Seyfarth Synopsis: CalOSHA emergency regulation for workers exposed to wildfire smoke.. With wildfires now active in many parts of California, it’s important that employers in California remember Cal/OSHA’s emergency...more

Seyfarth Shaw LLP

California Employment Legislative Update: Governor Newsom Gets to Work

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Seyfarth Synopsis: The California Legislature has passed a series of bills for Governor Newsom to consider. He now has until October 13 to approve or veto bills such as a Dynamex codification bill and a San Francisco-inspired...more

Jackson Lewis P.C.

California Legislature Considers Electronic Notification For Fatalities And Serious Injuries

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Under current California law, an employer with an establishment in California must report a serious work-related injury, illness or death that occurs at the employer’s place of employment or in connection with their...more

Pierce Atwood LLP

What Maine Employers Need to Know About 2019 Workers' Compensation “Reforms”

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It was inevitable that some of the 1993 reforms that stabilized Maine’s workers’ compensation market and brought Maine closer to the national average in terms of cost and benefits would be peeled back when the 129th...more

Chartwell Law

[Event] Medical Marijuana And Other Burning Issues In Pa Workers' Compensation - May 15th, Sewickley, PA

Chartwell Law on

The Chartwell Law workers’ compensation team is comprised of highly experienced attorneys representing the interests of employers and insurers in all areas of workers’ compensation matters. Join us as we present: Medical...more

Seyfarth Shaw LLP

OSHA And Title VII On Workplace Violence In Healthcare And Social Assistance

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Seyfarth Synopsis: Fifth Circuit rules on Title VII liability concerning workplace violence in a healthcare setting involving third parties. Gardner v. CLC of Pascagoula, No. 17-60072 (5th Cir. February 6, 2019)....more

Seyfarth Shaw LLP

Emergency Regulation Approved! Electronic Submission of CY 2017 Form 300A Required by December 31, 2018 for California Employers

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Seyfarth Synopsis: On November 6, 2018, the California Office of Administrative Law approved Cal/OSHA’s emergency regulation for the electronic submission of CY 2017 Form 300A on Occupational Injuries and Illnesses. Covered...more

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