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Showing posts with label Employment. Show all posts
Showing posts with label Employment. Show all posts

Thursday, June 17, 2021

NJ Assembly Passes Amended Employment Bill

The NJ Assembly has approved (25 yes-0 no-15 not voting) and amended version of  A2617 that Requires employers to provide hiring preference to employees who have reached maximum medical improvement following work-related injury. 

Sunday, February 21, 2021

Task Forces to Promote Employment of People with Disabilities Clears the NJ Senate

In an effort to help ensure the inclusion of individuals with disabilities within the workforce, the Senate passed legislation sponsored by Senator Fred Madden and Senate President Steve Sweeney, which would promote the employment of people with disabilities through the enactment of task forces.

Saturday, March 26, 2016

US Supreme Court Reviews In The Course of Employment Issue

The US Supreme Court ruling in a recent wage and hour case solidified the principle that the time spent by workers to put on and remove safety equipment should be consider time "on the clock" and in the course of employment. This concept reaffirms basic workers' compensation case law that such activities are within the course of employment. The Supreme Court affirmed the lower court verdict awarding damages to the workers of $5.8 Million dollars for overtime wages.

Thursday, August 7, 2014

How The 4-Day Workweek Could Revolutionize American Work Culture (WATCH)

Today's post was shared by Work Org and Stress and comes from www.huffingtonpost.com

As work-related stress levels are on the rise and burnout is increasingly taking a toll on employees, companies are searching for new and innovative ways to keep their teams feeling balanced, motivated and productive. While some employers allow workers to log in from home or enjoy shortened “summer Friday” hours, others are now turning to the four-day workweek model to help employees strike a better work-life balance.
DigitalRelevance’s director of digital media relations Ashley Sherman and Beholder’s chief operating officer Emilia Andrews joined HuffPost Live host Caroline Modarressy-Tehrani today to discuss this rethinking of traditional office hours and the benefits it offers both employees and employers.
“I’m less worried about all the things that I’m not doing in my personal life during those days,” said Sherman of the benefits of a four-day workweek. “I know that I have Friday to do that, so I can really focus and center in on what I need to get done for work those four days that I’m there.”
Andrews had a similarly positive experience in shifting to the condensed workweek model at her company.
“Communication went up exponentially," she said. “People were there with a focus, knew what needed to be done, and were able to get it done… I was smiling more. I was happier. I was excited to see the staff when we came back on Monday… We really were all just more excited and more...
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Sunday, July 20, 2014

Using Mobile Technology for Work Linked to Higher Stress

Today's post was shared by Work Org and Stress and comes from www.gallup.com

Heavier users carry more stress, but also rate lives better

by Dan Witters and Diana Liu
This article is part of a weeklong series analyzing how mobile technology is affecting politics, business, and well-being.
WASHINGTON, D.C. -- U.S. workers who email for work and who spend more hours working remotely outside of normal working hours are more likely to experience a substantial amount of stress on any given day than workers who do not exhibit these behaviors. Nearly half of workers who "frequently" email for work outside of normal working hours report experiencing stress "a lot of the day yesterday," compared with the 36% experiencing stress who never email for work.


Daily Stress by Email Usage and Remote Working Habits
Daily Stress by Email Usage and Remote Working Habits

Time spent working remotely outside of working hours aligns similarly, with 47% of those who report working remotely at least seven hours per week having a lot of stress the previous day compared with 37% experiencing stress who reported no remote work time.
These data were collected from March 24 through April 10, 2014, as part of the Gallup-Healthways Well-Being Index for a special Gallup study exploring the effects of mobile technology on politics, business, and well-being in the United States. Gallup interviewed 4,475 working U.S. adults, and the findings hold true after controlling for age, gender, income, education, race/ethnicity, region, marital status, and children in household.
Workers Who Use Mobile Technology Rate Their Lives...
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Thursday, September 26, 2013

California employer sentenced for insurance fraud

Employer fraud is rampant. As costs to do business increase the underground economy continues to expand. Today's post was shared by votersinjuredatwork and comes from www.dailynews.com


A West Hills man was sentenced Thursday to 29 days in county jail and three years’ probation after pleading guilty to one count of insurance fraud for failing to report employee income in order to pay lower premiums on his air-conditioning company’s workers’ compensation policy.

Officials with the California Department of Insurance said Douglas Lambert, 48, did not report or under-reported employee income to Clarendon National Insurance Co. from 2006 to 2009 for Lambert Air Conditioning, a company he owned and operated in Visalia, near Fresno in Northern California.

“Fraud is a multimillion-dollar enterprise, which costs consumers over $210 million annually,” said Insurance Commissioner Dave Jones in a statement.
“Lambert cheated both Clarendon National and the State of California out of over $110,000, and by doing so passed the cost of his fraud onto consumers across the state,” Lambert was living and working in Tulare County at the time the initial complaint was filed with the Department of Insurance and was prosecuted in Northern California.

Authorities said he filed at least one workers’ compensation claim for an employee’s injury during the time frame of the investigation even though he was not paying insurance on the employee’s wages.

He was ordered to pay $110,381 in restitution and will serve his sentence in Los Angeles County jail.

While he was living up north, a spokesman for the department said he...
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Monday, September 16, 2013

State files charges against city business

Employer fraud results in criminal charges.Today's post was shared by WCBlog and comes from citizensvoice.com


The state Department of Labor & Industry on Friday filed criminal charges against a Wilkes-Barre business, alleging it failed to maintain worker's compensation insurance.
Kus Tire Inc. at 10 Carey Ave. is charged with 100 felony counts of failing to procure worker's compensation insurance, court records say.

A message left seeking comment at Kus Tire was not immediately returned.

According to a criminal complaint, the business, headed by Bernard Kusakavitch, failed to have the insurance for 100 days - from Sept. 10, 2008, through Sept. 17, 2008, and again from Oct. 1, 2011, through Dec. 31, 2011.

As a self-insured employer, the business was not exempt from possessing the coverage, the charges say.

The complaint said an employee, Walter Booth Jr., was injured Sept. 12, 2008, and subsequently petitioned for benefits from the Uninsured Employers Guaranty Fund, which provides benefits to injured employees of uninsured employers.

According to the complaint, Workers' Compensation Judge Joseph B. Sebastianelli awarded Booth benefits on May 31, 2011.

Investigators filed a summons against the business Friday. The matter is scheduled for a preliminary hearing before Magisterial District Judge Rick Cronauer at 9 a.m. Oct. 31.
jhalpin@citizensvoice.com

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Tuesday, September 10, 2013

Looking for Furloughs in the Jobs Data

Today's post was shared by WCBlog and comes from economix.blogs.nytimes.com


The number of workers on federal government payrolls has fallen only 55,000 since January, which might lead you to conclude that the sequester has not had much impact on federal employment. But the number of federal employees who report working part time because they cannot get full-time hours — a sign they might be on furlough — remains high.

The number of these “involuntary part-timers” was 144,000 in August. That is more than twice the number of involuntary part-timers in the federal government in 2012 and in 2011.

(The numbers are not seasonally adjusted, so it’s best to use year-over-year comparisons rather than the change from one month to the next.)

How furloughs are executed varies by government agency and department; in some cases workers must take one unpaid leave day each week, and in others they might be able to take their furlough days consecutively (in which case affected workers would report they didn’t work at all, not that they worked short hours). As a result, the numbers above might understate how many federal workers were furloughed in August.

For comparison, the number of involuntary part-time workers was actually down year-over-year in the private sector, as Jason Furman, the chairman of the Council of Economic Advisers, noted in a blog post:
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Sunday, September 1, 2013

14 Worker Struggles To Pay Attention To This Labor Day

Today's post was shared by Steven Greenhouse and comes from blog.workingamerica.org

Sure, to some people #LaborDayIs about barbecues and fashion rules. But #LaborDayIs also about, you know, labor. Today, workers across the country are struggling for decent wages, safe workplaces, affordable healthcare, and even basic civil rights.

North Carolina’s Moral Monday

North Carolina's Moral Monday
North Carolina's Moral Monday

Gov. Pat McCrory (R-NC) and the North Carolina legislature have passed huge cuts to state unemployment insurance, an overhaul of the state tax code, big education cuts and the nation’s strictest voting restrictions. Lead by the NC NAACP’s Rev. William Barber, North Carolinans of all stripes have gathered by the thousands to for huge weekly “Moral Monday” protests to stand up to Gov. McCrory’s agenda.

Learn more about Moral Monday and check out some sweet protest photos.
Oh and thanks to @sherierb for the thumbnail photo.

The Wisconsin Solidarity Singers


The Wisconsin Solidarity Singers
The Wisconsin Solidarity Singers

After the huge protests in 2011 against Wisconsin’s new collective bargaining restrictions, Gov. Scott Walker and his allies changed the rules at the state Capitol Building in Madison, requiring protesters to have permits. His reasoning? Um, none.

Friday, August 30, 2013

Social Media Passwords Off Limits to Employers

NJ Governor Chris Christie signed legislation that prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.

See A2878

Read more about "social media" and workers' compensation:
Aug 15, 2013
Social media accounts, typically Facebook, are currently a hot-button issue for plaintiff ESI production in civil litigation. Most courts (but not all!) require a threshold showing that the public account has relevant information that ...
Apr 14, 2011
Social networking has become a popular topic within the workers' comp community. In this edition of Workers' Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Jon L. Gelman, to take a look a social networking ...
Jul 02, 2012
The Workers' Compensation and Workplace Injury Section, invites you to the 2012 AAJ (American Association for Justice) Annual Convention in Chicago. A goal of the Section is to provide for our members the best ...
Dec 03, 2012
Recently, it seems as though everyone is connected through social networking sites such as Facebook and Twitter. These tools have become a great way to keep in touch with friends and family scattered all over the world.

Thursday, May 16, 2013

The Scarlet Letter - Workers' Compensation Style

Privacy, that was thought to be a paramount concern for individuals in workers' compensation, is now going away in Missouri. The Missouri legislature passed legislation that will allow employers to review the pending claim status of prospective employees to determine whether they have filed any workers' compensation claims. Injured workers in Missouri will now be stigmatized as a result of filing a workers' compensation claim.

"The division shall develop and maintain a workers' compensation claims database, accessible to potential employers through the division's website, containing all claims filed for compensation under this chapter. Claims records shall be retrievable only by an employer who during a pre-hire period provides a potential employee's name and social security number and shall, upon retrieval, identify the date of any claim made by such potential employee and whether the claim is open or closed."

To view the enacted bill SB34 go to www.moga.mo.gov


Friday, March 8, 2013

Jobs....a long way to go

The workers' compensation market/business is dependent on employment. The newly released statistics, while appearing encouraging, might not be so after all.


Despite today's promising numbers report from the US Bureau of Labor Statistics, some believe that the US has a very long way to go to get to full employment. Repeating the golden years is a very difficult road.

I commented a few years ago (Is The Recovery Of The Workers’ Compensation System An Illusion?) that workers' compensation is not necessarily anti-cyclical, ie. does not necessarily do better in down markets. That has been reflected in decreased manufacturing and insurance carrier insolvencies.

Monday, February 11, 2013

Jobs, Growth & Universal Healthcare


Robert Reich, in a 3 minute video, states the reasons why jobs, growth and universal healthcare are needed to expand the US economy. 

This is reflective of the issues plaguing the nation's workers' compensation system, especially soaring medical delivery costs (administrative, clinical and pharmaceutical).  

Read more about "universal healthcare" and workers' compensation:

Feb 01, 2013
Medical care afforded by workers' compensation delivery systems will ultimately be merged into a universal national program, despite all the opposition along the way. My friend, and cycling inspiration, who keeps me trying to ...
Nov 09, 2012
Going forward it is imperative that a universal medical program be established to provide medical treatment for all work-related occupational injuries and exposures. The delay and denial of medical benefits to those who suffer ...
Jul 05, 2012
Those efforts demonstrate a commitment to bring the nation ever closer to a universal care medical program incorporating the entire patchwork of workers' compensation medical delivery systems. The US Supreme Court has ...
Mar 05, 2011
Vermont Universal Health Care to Embrace Workers Compensation. A two-stage bill in Vermont is geared to establishing a single-payer medical health care system that would include medical for workers' compensation ...

Saturday, April 14, 2012

Maine Passes Laws Restricting Workers Compensation Benefits

The The Bangor Daily reports that the State of Maine is in the process of legislatively restricting workers ' compensation benefits. The law overhaul's the system with the following changes:

The main elements of the program overhaul include:
• Altered eligibility requirements and the creation of a 10-year cap for employees who are permanently impaired with partial incapacity.

• The elimination of a requirement that employers must continue paying benefits during an appeal.

• A new appeals divisions with authority to create rules of procedure.

• A shortened time period in which a notice of injury must be given, from 90 days to 30 days.

• A changed maximum benefit, from 80 percent of an employee’s net weekly wages to 66 percent of gross weekly wages.

Tuesday, April 10, 2012

Trending: Opting-Out of Workers' Compensation

Opting-out of workers' compensation coverage is now a significant national trend. The opt outs are  both through a legitimate elective process and a de-facto scheme.

The opt-out process arose through a  legislative process over a decade ago when Massachusetts legislation permitted the option to elect out of the mandatory workers' compensation system. Since then it has grown through both legitimate and illegitimate expansion. Some legislators have proposed that religious organizations should now be permitted to not obtain coverage.

In March the expanding trend to opt-out of the workers' compensation system took a major leap as large employers began to leave the system and offer less benefits to injured workers. Walmart, one of the largest employers in Texas has made the election to leave the system. Within the last two years other large employers have exited the system, including Target, seeking to reduce costs through a private non-workers' compensation plan.

Some states have reported increasingly high rates of uninsured workers. The enforcement and collection activities, are unfortunately both time consuming and expensive and are usually conducted after the fact.

A de-facto opt-out process is also occurring nationally through a process of misclassification of workers. Employees are designated by employers as independent contractors and consultants to avoid mandatory coverage and taxes. In North Carolina  it has been reported that 30,000 business do not have mandatory workers' compensation coverage. The system attempts to avoid the tedious and time consuming process to seek workers' compensation benefits, and instead employees seek benefits from alternative sources including major medical plans, Medicare and social security. Temporary disability plans and major medical plans act as coverage for loss time and treatment. Employee are willing to fore go permanent disability inorder to get certain and immediate medical care and lost time benefits. Many employees have no idea that workers' compensation pays for permanent disability. The aging workforce assumes that Social Security Disability is a more user-friendly system to navigate.

The growing trend of opting out of the workers' compensation system is of concern to all. Why this is occurring in a system that was designed to protect both the worker and the employer needs to be identified and addressed.

Wednesday, March 21, 2012

Employer Assessed $14,947 Counsel Fee For Wrongful Termination

A NJ administrative court awarded back pay to a wrongfully terminated employee and counsel fees to his lawyer as a result of being terminated by his employer for filing a workers' compensation claim. 

"Based upon the applicable law, I CONCLUDE that the uncontested facts as set forth by petitioner establish a prima facie case of retaliation pursuant to N.J.S.A. 34:15-39.1 because they show that Hatley 1) made a claim for Workers' Compensation and 2) he was discharged in retaliation for making that claim. Morris v. Siemens, 928 F. Supp. 486, 493 (D.N.J. 1996), reargument denied, 938 F. Supp. 277 (1996). The employer did not come forward with any legitimate business reason for firing him so it may be inferred and I CONCLUDE, from the circumstances in this case that the two events were causally connected, Hatley's claim was the cause of his discharge.

****

"Accordingly, it is ORDERED that respondent Perfection Contracting, Inc. pay petitioner Hatley back wages in the amount of $26,356.72 because it wrongfully discharged petitioner from his position in violation of N.J.S.A. 34:15-39.1.

IT IS FURTHER ORDERED that respondent Perfection Contracting, Inc. shall also pay legal fees to the law firm of Lawrie, Cozier and Vivenzio in the amount of $14,947.50 incurred by the petitioner as a result of respondent's wrongful termination and statutory violations.

Hatley v Perfection Contracting, Inc., 2012 WL 918966 (N.J. Adm.) Decided March 5, 2012.

Tuesday, March 6, 2012

Investigations of Foxconn Claimed to be a PR Stunt

Česky: Foxconn Pardubice, GPS: 50°1'28.591&quo...Image via Wikipedia


Workers' Compensation systems are programs base benefits on wages converted to rates of payment and that is the basis for the payment by an employer for workers' compensation coverage. Honest employer reporting enforced by random retroactive insurance company audits  guard against employer fraud.

The US laws for workers' compensation work as a mechanisim to encourage safer working conditions. Additionally, the exploitation of child labor triggers penalties against the employer. The penalties are both civil and criminal in nature.

On February 23, the occasion of Apple's 2012 annual shareholders' meeting, the IMF, GoodElectronics and makeITfair call on Apple shareholders to do the right thing in an open letter. Apple has recently joined the Fair Labour Association (FLA), but recent developments point to this being no more than a PR stunt.

FLA is currently conducting an investigation of labor conditions at Apple supplier Foxconn in China. Although the FLA report is only due in March, it has already been reported that the FLA has formed a positive opinion of conditions at Foxconn, without yet interviewing workers. This casts doubts on the independence of the investigation (FLA is directly funded by Apple) and the credibility of its final report. Contrary to FLA's standard methodology, the Foxconn investigation was not unannounced which has allowed the company to hide abuses by banning illegal overtime for 16-17 year olds during the period of the investigation.

Apple's initiative in joining FLA was appreciated, however, misusing the initiative as a PR stunt will reflect very badly on Apple's sustainability initiatives and statements. The open letter tells shareholders that in addition to proper auditing, Apple also needs to look into improving its purchasing practices by ensuring fair prices and well-planned lead times, allowing workers to work normal hours and earn a living wage.

The IMF, GoodElectronics and makeITfair are among a growing group of concerned trade unions and other civil society organisations calling upon Apple to improve its act and stamp out persistent violations of labour rights in its supply chain.


Thursday, February 16, 2012

Counsel Fees Awarded Against An Employer Who Failed to Pay Timely

A NJ Appellate Court has ordered that an employer must pay counsel fees to an injured worker's attorney, on an hourly basis, when the employer is penalized. The employer failed to timely pay an award for compensation benefits to the injured worker. The Appellate Court ruled that the workers' attorney was entitled, in additional to the standard contingency fee, and counsel fees awarded for the appeal of the matter, to an award for services rendered to enforce the Order of the court.

The Appellate Court, presented with the issue three times on appeal, exercised its original jurisdiction, and held "....that an award of attorney's fees is mandatory and the judge of compensation is not limited by the statutory formula governing fee awards following an award of benefits. Quereshi v. Cintas Corp. (Quereshi I), 413 N.J. Super. 492, 503 (App. Div. 2010)."

In its decision the Appellate Court opined, "...the judge of compensation misinterpreted our original opinion"....and that "the alternative interpretation of the judge's action -- willful defiance of our mandate --is completely unacceptable behavior."

Qureshi v. Cintas Corporation, A-2703-10T2 (NJ App Div 2012) Decided Feb 15, 2012 (Quereshi III), Unpublished Decision.  2012 WL 469726 (N.J.Super.A.D.


Related articles

Tuesday, February 7, 2012

OSHA cites Clara Construction in Jersey City, NJ, for exposing workers to fall hazards

The seal of the United States Department of LaborImage via Wikipedia



The U.S. Department of Labor's Occupational Safety and Health Administration has cited Clara Construction LLC for one repeat and 10 serious safety violations at a Jersey City work site. These carry total proposed penalties of $46,200. OSHA initiated an inspection as part of a local emphasis program for fall hazards.

"Falls remain one of the leading causes of fatalities on construction sites," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Employers are responsible for providing workers with basic fall protection to prevent potential injuries."

The repeat violation, with a $9,240 penalty, is failing to protect workers from fall hazards. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was cited for the same violation in 2010.

The serious violations, with $36,960 in penalties, include failing to protect workers from fall and impalement hazards, ensure scaffold platforms were laid correctly, provide proper ladder rung construction, make sure guardrails were at sufficient heights and makeshift devices were not created to increase platform height, inspect scaffolds, provide proper scaffold training, provide guardrails near wall holes and provide protection around surface holes. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

For detailed information on fall protection standards, visit OSHA's website at http://www.osha.gov/SLTC/fallprotection/index.html.

Clara Construction LLC, which employs 14 workers, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Parsippany office at 973-263-1003.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.


Thursday, January 19, 2012

Federal Cell Phone Rules Compliance Guide Published

Distracted Driving remains a serious problem in the workplace and now the Federal government is taking enforcement actions to a new level. The Federal Motor Carrier Safety Administration (FMCSA) recently announced Rules that it is prohibiting the use of hand-held cell phones by interstate truck and bus drivers.

As the Rules take effect is is anticipated that many states will adapt these changes.  For those who use prohibited devices in the course of their employment and are involved in accidents may ultimately be denied workers' compensation benefits and employer liability will result. ZoomSafer has now published a compliance guide.

See:  FMCSA Cell Phone Rules: A Compliance Guide for Truck and Bus Fleets