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|California Governor Signs Paid Family Leave Expansion Into Law|
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
April 26, 2016, previously published on April 11, 2016On April 11, 2016, California Governor Jerry Brown signed legislation that will increase the wage replacement rate under the Paid Family Leave program for California workers from its current level of 55 percent to 60 or 70 percent (depending on the worker’s income). Assembly Bill No. 908 (AB...
|2016 Workers' Compensation Session Wrap Up|
Tamela Ivey Perdue; McConnaughhay, Coonrod, Pope, Weaver, Stern & Thomas, P.A.;
April 14, 2016, previously published on March 15, 2016The Florida Legislature closed out the 2016 Regular Session at 6:45 pm last Friday, March 11, 2016. Throughout the session, over 1800 bills were filed but the Florida Legislature only passed 261 before its adjournment. Governor Rick Scott has already signed several items into new law.
|Key Issues in Misrepresentation|
Aaron McCurdy; McConnaughhay, Coonrod, Pope, Weaver, Stern & Thomas, P.A.;
April 14, 2016, previously published on March 28, 2016Under Florida’s Workers’ Compensation Laws, a claimant will have a heavy price to pay if an administrative hearing officer, court, or jury, finds the injured worker knowingly or intentionally made any false, fraudulent, or misleading statement, either verbally or in writing, to obtain...
|New Compensation Reporting Requirements|
Charles R. Bacharach; Gordon Feinblatt LLC;
April 13, 2016, previously published on Spring 2016On January 29, 2016, President Obama announced a new initiative to collect compensation data from all employers with 100 or more employees.
|First Circuit Approves Use of FWW Method for Pay That Varies Due to Performance-Based Commissions|
Andrew P. Burnside, Alison P. Lungstrum; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 7, 2016, previously published on March 3, 2016The First Circuit Court of Appeals recently affirmed a lower court’s decision that an employer may use the fluctuating workweek method to calculate overtime pay rates even when an employee’s weekly pay varies because of performance-based commissions. Lalli v. General Nutrition Centers,...
|Oregon Raises Minimum Wage|
Charles E. McDonald, Jennifer A. Nelson, Emily K. O'Brian; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 6, 2016, previously published on March 9, 2016Oregon’s legislature has approved a bill to raise the state’s minimum wage. Governor Kate Brown signed the bill on March 2, 2016, with increases scheduled to take effect beginning July 1, 2016.
|Workers' Compensation - How it Works|
James P. Berryman; Suisman Shapiro Attorneys-at-Law;
March 23, 2016, previously published on July 27, 2015The day begins like almost any other. You arrive at the workplace, spend a few moments interacting with your co-workers and begin the daily task. Maybe it’s a job that you’ve done a thousand times, or perhaps the demands of that day result in your performing an assignment for the first...
|Is My Case a Personal Injury or Worker’s Compensation Claim?|
Robert B. Keville; Suisman Shapiro Attorneys-at-Law;
March 15, 2016, previously published on March 2, 2016As an attorney who practices both Worker's Compensation and Personal Injury Law, I find that many people are confused as to if and where these systems overlap. Although there are many similarities between these two areas of law, there are a number of significant differences that make the...
|Preventing Violence and Harassment at Work - Workers’ Compensation Enters the Equation|
Jack B. Siegel; Blaney McMurtry LLP;
March 14, 2016, previously published on February 29, 2016The modern workplace poses many challenges for employers, and in recent years, one of the more rapidly evolving of those challenges has been the treatment of workplace violence and harassment. Since the implementation of Bill 168, employers have had an obligation to put written policies in place to...
|More Than 100% Disabled? The New Jersey Appellate Division’s Latest Analysis of Permanent/Total Disability Benefit Awards|
Robert J. Fitzgerald; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 4, 2016, previously published on March 1, 2016In the recent decision Domenick Catrambone v. Bally’s Park Place, et al., 2015 N.J.Super. Unpub. LEXIS 2601 (App.Div. Nov. 12, 2015), the New Jersey Appellate Division addressed the issue of whether there can be an increase in permanency benefits for a workers’ compensation petitioner...