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by Tara Hall and Rebecca Duffy Changes to Iowa’s workers’ compensation law—changes seen as mostly beneficial to employers—are set to take effect July 1. The employer-friendly changes to the state’s workers’ comp law include a new provision classifying shoulder injuries as scheduled-member injuries rather than body-as-a-whole injuries, which force an industrial disability analysis. Another change […]
by Al Vreeland In a potentially monumental decision, Jefferson County Circuit Judge Pat Ballard struck down the Alabama Workers’ Compensation Act as unconstitutional on May 8. Specifically, Judge Ballard held that 1989 limits on compensation payments to injured workers and fees for their attorneys were so low that they violated the Alabama Constitution. Currently, compensation […]
Recently the United States Court of Appeals for the Tenth Circuit issued a ruling in which the court suggested that a policy with a strict limit on medical leaves of absence might be enforceable. This ruling leads to many questions. For instance:
by Barbara J. Koenig Foster, Rieder & Jackson, P.C. A new law in New Mexico is designed to clear up confusion on how workers’ compensation benefits can be lowered when a worker is under the influence of alcohol or drugs. The law will go into effect on May 18. The new law was enacted because […]
“You will find that pretty much every workers’ comp law in the country does have anti-retaliation provisions. And so, just the act of filing a workers’ comp claim gives somebody protected status that’s somewhat analogous to somebody filing a complaint with the Equal Employment Opportunity Commission or filing a complaint under one of the wage/hour […]
“Most state workers’ compensation laws provide that it is unlawful for an employer to discharge or otherwise discriminate/retaliate against a worker for claiming worker’s comp or testifying at a workers’ comp hearing.” Adele Abrams explained in a recent BLR webinar. And this goes beyond just standard discipline or firing: “Anything that is an adverse action […]
The Colorado Civil Union Act, which takes effect May 1, requires changes in employer-provided insurance plans and makes changes to the state’s workers’ compensation law. Effective for plans issued, delivered, or renewed on or after January 1, 2014, a party to a civil union may cover his or her partner as a dependent. Employers providing […]
by Peter D. Lowe Maine employers need to pay attention to a new Maine law on the definition of “independent contractor” that goes into effect December 31. Legislative Document 1314, passed in Maine earlier this year, outlines two sets of conditions that must be in place for an individual to qualify as an independent contractor […]
“Retaliation lawsuits are among the easiest to prevent,” says attorney Jody Katz Pritikin, but retaliation is a common reaction by managers who are embarrassed or angered by an employee complaint, and that means managers have to be on the watch for it. Pritikin, who offered her tips at SHRM’s Employment Law and Legislative Conference, held […]
Workers’ Comp is celebrating its 100th year in California, but a lot of employers aren’t cheering; managing comp cases is still a hassle. An upcoming webinar will help with one of the most vexing challenges: how to terminate an employee who is out on workers’ comp leave.