(c) 2019 Jon L Gelman, All Rights Reserved.

Tuesday, August 13, 2019

Employment Status: NCAA Division 1 Player Not an Employee

The 9th Circuit Court of Appeals affirmed the district court’s dismissal of a Division I college football player’s claim that he was an employee of the National Collegiate Athletic Association and the PAC-12 Conference within the meaning of the Fair Labor Standards Act and California labor law and thus entitled to minimum wage and overtime pay.

Monday, August 12, 2019

OSHA Cites NJ Landscaper After Two Employees Succumb to Carbon Monoxide Exposure

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited AJR Landscaping Inc. – based in Cresskill, New Jersey – for exposing employees to carbon monoxide (CO) after two workers succumbed to the toxic gas.

Thursday, August 8, 2019

OSHA Cites NJ Produce Company for $236,089 in Penalties

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Paris Produce Inc. for failing to correct workplace hazards identified during an August 2017 investigation at the wholesale supplier’s facility in Pleasantville, New Jersey. The company faces $236,089 in penalties.

Wednesday, July 31, 2019

Governor Murphy Signs Legislation to Dramatically Reform New Jersey's Medical Marijuana Program, Expand Patient Access

Governor Phil Murphy on July 2, 2019 signed the Jake Honig Compassionate Use Medical Cannabis Act to dramatically reform New Jersey’s Medicinal Marijuana Program (MMP) and expand patient access to medical marijuana.

Monday, July 29, 2019

U.S. Department of Labor Investigation Finds New Jersey Contractor Exposed Employees to Lead and Other Hazards at Pennsylvania Worksite

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Scot Christopher Rule LLC for exposing workers to lead and other workplace hazards as the company renovated and remodeled a worksite in Easton, Pennsylvania. The company faces $104,637 in proposed penalties.

Tuesday, July 23, 2019

Employment Relationship Essential Criteria for Jurisdiction

Petitioner, a New Jersey resident, sought benefits under the Workers' Compensation Act (WCA), N.J.S.A. 34:15-1 to -128, alleging injuries both as the result of a specific incident, and occupational injuries "while performing repetitive duties" as an aircraft technician while employed by United Airlines at the airport in Philadelphia. The judge of compensation dismissed both petitions for lack of jurisdiction.

Saturday, July 20, 2019

Court Has Discretion to Award Counsel Fee Based on Dependent's Life Expectancy

After awarding dependent benefits under N.J.S.A. 34:15-13 to the surviving spouse of a worker who succumbed to an occupational disease, the judge of compensation awarded counsel fees based on the spouse's expected lifetime – in accordance with a 1995 amendment to N.J.S.A. 34:15-13(j) which provided that compensation shall be paid to a surviving spouse "during the entire period of survivorship" – as determined from the table of mortality and life expectancy printed as Appendix I to the New Jersey Rules of Court.
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