On September 22, 2020, the federal Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) regarding rules for employers to follow when classifying a worker as an independent contractor or an employee under the Fair Labor Standards Act (FLSA).
Tag: Workers Compensation
Tennessee’s workers’ compensation statute allows injured workers to recoup benefits regardless of whether they are lawfully employed. In a recent case, a West Tennessee federal district court considered whether an undocumented immigrant could file a lawsuit against his former employer, whom he claims fired him in retaliation for pursuing workers’ comp.
The Arkansas Court of Appeals recently heard a claim for workers’ compensation benefits from a former home health aide who was injured on her way to a patient’s home. Was she eligible?
Nebraska law permits the Nebraska Workers’ Compensation Court to approve vocational rehabilitation plans to facilitate certain injured workers’ return to gainful employment. Read on to learn about the Nebraska Supreme Court’s recent decision on what the law means to “restore” an employee to work in “suitable employment.”
The Arkansas Court of Appeals recently heard a claim that an employee injured her knee after falling in her employer’s parking. Was the employee entitled to workers’ compensation benefits?
by Theodore Fong This year has seen many developments in the labor and employment fields in Canada. One recent development concerns the Alberta Workers’ Compensation Board (WCB), one of several public agencies across Canada to administer an insurance plan for injured or ill workers. Its no-fault insurance system has been in place for nearly a […]
by David Marchione Across Canada, workers’ compensation programs are designed to protect employees who suffer work-related injuries. These act as insurance programs administered by various agencies across all Canadian jurisdictions. These insurance regimes are collectively funded by employers who pay premiums according to a number of factors, including their payroll and history of workplace injuries […]
Question: Can an employer designate time that an employee is on workers’ compensation as Family and Medical Leave Act (FMLA) leave, even if the employee does not want us to?
Question: If an employee is receiving workers’ compensation benefits, can we allow them to supplement their workers’ compensation benefits with accrued medical, vacation or PTO leave in order to meet 100% of their regular base pay?
By Dave Johnston, JD, Sulloway & Hollis P.L.L.C. Recently, the New Hampshire Supreme Court invalidated a New Hampshire Department of Labor (NHDOL) regulation that states part-time employees who are injured at work are ineligible for the reinstatement protections afforded by certain statutory provisions of New Hampshire’s workers’ compensation law.