News & Analysis as of

Wage and Hour Disability Benefits

Pullman & Comley - Labor, Employment and...

Getting to Work: Latest Employment & Labor Developments from the Connecticut General Assembly (January 31st Public Hearing)

On January 4, 2023, the 2023 session of the Connecticut General Assembly began. The session is scheduled to adjourn on June 7, 2023.  Numerous proposed bills affecting Connecticut employers and employees will be unleashed...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania and New Jersey Release 2023 Average Weekly Wage Rates

New Jersey and Pennsylvania have released 2023 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more

Bricker Graydon LLP

Salary Continuation or Temporary Total Compensation, which should I choose?

Bricker Graydon LLP on

​​​​​​​An employee is injured on the job and cannot immediately return to work. Whether to offer salary continuation or permit temporary total disability compensation to be paid under the workers’ compensation claim is a...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania and New Jersey Release 2022 Average Weekly Wage Rates

New Jersey and Pennsylvania have released 2022 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor – June 2021: Citing Plan Ambiguity, Tenth Circuit Rules Becoming Disabled After Receiving Notice of...

In Carlile v. Reliance Standard Life Ins. Co., 988 F.3d 1217 (10th Cir. 2021), the Tenth Circuit found the term "active" full-time employee ambiguous and awarded disability benefits to an employee who became disabled after...more

Proskauer - Law and the Workplace

Hearing Scheduled On Proposed Amendments to Massachusetts Paid Family and Medical Leave Law

On June 11, 2020, the Department of Family and Medical Leave (“DFML”) will hold a virtual public hearing on its recent proposed amendments to the final regulations pertaining to the Massachusetts Paid Family and Medical Leave...more

Littler

Strategies for California Employers to Supplement Employee Wages Through Public Benefits

Littler on

In light of the recent coronavirus pandemic, many businesses will inevitably be forced to reduce employees’ hours and thus their compensation. As a result, employees may be eligible to file for partial unemployment benefits....more

Fisher Phillips

New York Announces COVID-19 Protections For Employees

Fisher Phillips on

As New York continues to be hard hit by the effects of COVID-19, Governor Cuomo announced a three-way agreement on March 17 between his office and both houses of the New York State Legislature on a bill guaranteeing job...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s Paid Family Leave Program to Expand from 6 to 8 Weeks

California is expanding state benefits available to workers who lose wages while taking time off to care for a seriously ill family member or to bond with a new child. On June 27, 2019, Governor Gavin Newsom signed...more

Chartwell Law

Determining the Correct Rate for Temporary Disability Benefits

Chartwell Law on

When a claimant is out of work and entitled to receive temporary disability benefits in New Jersey, it is important to make sure that the correct rate is being used to avoid overpayment or underpayment issues. Before the...more

Mintz - Employment Viewpoints

Massachusetts Paid Family and Medical Leave Part 2: Key Differences in the Revised Regulations

In our last blog post on Massachusetts Paid Family and Medical Leave (“MAPFML”), we reviewed the Department of Family and Medical Leave’s (the “Department”) draft regulations published in January 2019 and outlined some of the...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Accrued Holidays, Disability Benefits and Age Discrimination

If Accrued Holidays Are Not Used, Will They Be Lost? In the cases of Kreuziger v Berlin (C-619/16) EU:C:2018:872 and Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Shimizu (C-684/16) EU:C:2018:874, the...more

Littler

More Family Time and Money: New Jersey Expands its Family Leave Entitlements

Littler on

Declaring it the “most expansive paid family leave time and benefits in the nation,” New Jersey Governor Phil Murphy signed Assembly Bill (AB) 3975 into law on February 19, 2019....more

White and Williams LLP

PA and NJ Workers' Compensation Benefits for 2019

White and Williams LLP on

Workers’ compensation benefits in Pennsylvania and New Jersey are calculated using a statewide average weekly wage (SAWW) that is published by the Departments of Labor every year. The year of the worker’s injury will...more

Jackson Lewis P.C.

California State Disability Insurance (SDI) Increases

Jackson Lewis P.C. on

It’s a new year, and California SDI benefits will be increasing. The SDI withholding rate continues to be 1.0% of wages. But, the taxable wage limit will increase from $114,967 to $118,371. For new SDI claims (whether for...more

Roetzel & Andress

Ohio Supreme Court Expands Voluntary Abandonment Defense

Roetzel & Andress on

In State ex rel. Klein v. Precision Excavating & Grading Co.,[1] decided September 27, 2018, the Ohio Supreme Court ruled a claimant who voluntarily removes himself from his former position of employment for reasons unrelated...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - April, 2018

PAID Underway. On April 3, the Department of Labor’s (DOL) Wage and Hour Division (WHD) officially launched its Payroll Audit Independent Determination (PAID) program to encourage employers to voluntarily resolve potential...more

Proskauer - Employee Benefits & Executive...

Plan Participant Waived Remedy for Untimely Benefits Determination

The Seventh Circuit rejected a disability plan participant’s argument that an untimely decision denying his claim for long-term disability benefits warranted changing the standard of review from arbitrary and capricious to de...more

White and Williams LLP

PA and NJ Workers' Compensation Benefits for 2018

White and Williams LLP on

Workers’ compensation benefits in PA and NJ are calculated using a statewide average weekly wage (SAWW) that is published by the Departments of Labor every year. The year of the worker’s injury will determine the year for the...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Considers Pre-Appeal Conduct in Plan’s Request for Appellate Attorney’s Fees

The Ninth Circuit ruled that a district court erred by failing to consider the entire course of the litigation when analyzing a request for attorney’s fees under ERISA and remanded the case for a calculation of fees. A plan...more

Littler

Ready or Not, Here It Comes! 2018 Brings New Labor & Employment Laws, Primarily at the State Level

Littler on

As we prepare to turn the calendar to 2018, employers look ahead to the next wave of labor and employment regulations. On January 1, 2018, and throughout the coming year, employers across the nation will confront a host of...more

Franczek P.C.

Department of Labor Finalizes Claims and Appeals Regulations for Disability Benefits

Franczek P.C. on

The Department of Labor’s (DOL) Employee Benefits Security Administration has issued final regulations that change the claims and appeals procedures for disability benefits provided by ERISA plans. The final rules are...more

Littler

Federal Bill Seeks to Create Portable Benefits for Gig Economy Workers

Littler on

Senator Mark Warner (D-VA), a lawmaker known for closely monitoring the changing nature of work, has introduced in the Senate legislation to promote innovative ways to offer portable benefits to workers in the on-demand...more

Troutman Pepper

What the First-Ever Bill Promoting Portable Benefits for Independent Contractors Does – And Does Not Do

Troutman Pepper on

Independent contractors and other contingent workers are not currently eligible for workers’ compensation, disability benefits, health insurance coverage, and pension benefits under federal and most state laws. This may well...more

Fisher Phillips

Paid Parental Leave One Step Closer To Reality- President’s Proposed Budget Seeks 6 Weeks Of Paid Leave For All Families

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The White House released the details of President Trump’s proposed budget today, and if the president has his way, employees will be eligible to receive up to six weeks of paid parental leave by the year 2020. However,...more

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