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Employer Liability Issues Workers’ Compensation

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Locke Lord LLP

Can You Cover Independent Contractors With Workers’ Compensation Insurance?

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We are frequently asked by businesses about workers’ compensation coverage for independent contractors. Clients ask us: Can our company cover independent contractors with workers’ compensation insurance? Is it safer for us if...more

Perkins Coie

California Employers: Required Pamphlet and Notice Updates

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California recently updated two pamphlets that employers must provide to employees. The new pamphlets are (1) a “Time of Hire Pamphlet” pertaining to workers’ compensation (to be provided at the time of hire) and (2) a “For...more

Flaster Greenberg PC

Are Coaches Independent Contractors or Employees?

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An issue that all businesses grapple with is classifying the individuals performing work. Generally, there are two (2) types of individuals performing work: (1) Independent Contractors (1099) and (2) Employees (W-2). Some...more

Marshall Dennehey

Appellate Division Affirms Summary Judgment Against Employer Due to the Exclusive Remedy Provision of the Act and Affirms Summary...

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Cannon v. Bravo Pack, Inc. and Kraft Machines Inc. v. Employers Preferred Ins., No. A-1702-21 (Oct. 31, 2023) and Cannon v. Bravo Pack, Inc. and Bravo Pack, Inc. v. Employers Preferred Ins., No. A-1731-21 (Oct. 31, 2023) - In...more

Stikeman Elliott LLP

The Gig is Up: British Columbia Announces Incoming Employment Standards for App-Based Gig Workers

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The B.C. government has announced its intention to table legislation that will impose minimum employment standards for app-based gig workers, including ride-hailing drivers and food delivery workers, who are typically engaged...more

Weber Gallagher Simpson Stapleton Fires &...

Employer Immunity from Direct Suit Upheld Once Again

In Cannon v. Bravo Pack, Inc., the Appellate Division of the Superior Court once again confirmed the strength of the employer immunity defense to a third-party claim filed by an injured worker (decided October 31, 2023). The...more

McNees Wallace & Nurick LLC

Addressing Workers’ Compensation Issues for the Remote Workforce

The ever-evolving work landscape and rise of remote work have brought about new challenges and opportunities for Pennsylvania employers. A critical aspect of maintaining employee well-being and ensuring legal compliance has...more

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

Weber Gallagher Simpson Stapleton Fires &...

The Risk Roundtable: Demystifying the Intersection Between NJ Workers' Comp & Employment Practice Liability

Join this podcast episode to delve into the cross between New Jersey workers' compensation and employment practice liability coverage. Partners Vanessa Mendelewski and Denise DePekary look at the exceptions to the exclusive...more

Proskauer - California Employment Law

Crisis Averted: California Employers Are Not Liable for “Take-Home” COVID Cases.

Last week, the California Supreme Court unanimously ruled that employers are not liable to nonemployees who contract COVID-19 from employee household members that bring the virus home from their workplace, because “[a]n...more

Perkins Coie

California COVID-19 Employment Regulations Extended Through 2023

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In 2022, California again passed assembly bills related to COVID-19. The recent legislation extended some employer obligations while easing others. Touching upon many topics, these bills address supplemental paid sick leave,...more

Dentons

Expiration Dates – Evaluating Your Current COVID Policies

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Many things have an expiration date - cheese, meat, medicine, certain fashion choices, but some things linger well past their “use by” date – like three-week-old takeout in the very back corner of your refrigerator. During...more

Bradley Arant Boult Cummings LLP

The Remote (Worker) is Broken! Workers’ Compensation and State-at-Home Employees

In a post-pandemic world, work-from-home and hybrid work arrangements have become the norm in many industries. While employers and employees have become adept at hosting Zoom and Teams meetings, this significant uptick in...more

Perkins Coie

Washington State's New Rideshare Law

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Governor Jay Inslee signed ESHB 2076 into law on March 31, 2022, making Washington the first state to require minimum per-trip payments, paid sick leave, and workers’ compensation benefits for rideshare drivers. The law also...more

Dentons

Iowa Supreme Court Provides Analysis on Workers’ Compensation Shoulder Cases – A Win for Iowa Employers

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Following the 2017 amendments to the Iowa Workers’ Compensation Act, the Iowa Supreme Court has ruled on its first shoulder cases. The amendment to add Iowa Code section 85.34(2)(n) made shoulder injuries part of the...more

Bricker Graydon LLP

Reducing workers’ compensation and OSHA liability during COVID-19 and beyond

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As the world navigates work-from-home opportunities in the post-COVID era, health care companies are considering their options too. This article provides a practical look into workers’ compensation and OSHA considerations so...more

Roetzel & Andress

BWC Proposes New Rule Excluding COVID-19 Claims From An Employer’s Experience Rating

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The Bureau of Workers’ Compensation (BWC) is proposing a new rule which will exclude COVID-19 claims from an employer’s experience rating. In proposing the new rule, the BWC noted that pandemics are generally...more

Steptoe & Johnson PLLC

WV Commissioner Addresses Coverage of COVID-19-related Workers’ Comp Claims

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Several states have passed laws addressing the compensability of COVID-19-related workers’ compensation claims. West Virginia hasn’t enacted any specific legislation about whether contracting the coronavirus should qualify as...more

McDermott Will & Emery

UK Supreme Court Confirms That Uber Drivers Have “Worker” Rights

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The UK Supreme Court has decided that Uber drivers are “workers” for UK employment law purposes. In reaching that decision, the Supreme Court unanimously upheld the decision of the original Employment Tribunal and agreed...more

McDermott Will & Emery

California Extends Premium Relief Obligations

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On December 3, 2020, Commissioner Ricardo Lara of the California Department of Insurance (“Department”) indefinitely extended the requirement that admitted property and casualty and workers’ compensation insurers provide...more

Davis Wright Tremaine LLP

California Passes Two New Important Workplace COVID-19 Laws: Workers' Compensation Presumption and OSHA-Related Reporting

On September 17, 2020, California Governor Gavin Newsom signed two laws creating new or expanded obligations concerning COVID-19—Senate Bill (SB) 1159 and Assembly Bill (AB) 685. These new laws will require employers to...more

Sheppard Mullin Richter & Hampton LLP

Mother of All Presumptions 2.0: Expanding Workers Compensation Benefits to Employees That Test Positive for COVID-19

Effective immediately, Senate Bill (SB) 1159 is a new California law that establishes presumptions about workers’ compensation benefits for employees who contract COVID-19. This article explains in a series of questions and...more

BakerHostetler

Workers’ Compensation and Employer Liability in the Era of COVID-19

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With companies continuing to reopen for in-person operations amid the coronavirus (COVID-19) pandemic, many employers are left wondering if they could face increased liability related to employees contracting COVID-19 in the...more

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