Locking The Clock

Congress has moved to end seasonal time changes. The direction it chooses will reshape workplace injury patterns and the compensability disputes that follow.

When the Workplace Overheats

Record Heat, Worker Safety, and the Compensation Question

Trenton Targets Workers' Compensation

Pending New Jersey Legislation and What It Means for Injured Workers

When the Workplace Overheats

Occupational Heat Exposure, Regulation, and Workers' Compensation in a Warming Climate

Medicaid Care Workers: Not Jointly Employed

 In a significant ruling for the home care and Medicaid services industry, the United States Court of Appeals for the Third Circuit affirmed that a financial management services vendor does not qualify as a joint employer of home care workers under the Fair Labor Standards Act (FLSA). The decision in Talarico v. Public Partnerships LLC, decided May 19, 2026, carries important implications for workers' compensation coverage, overtime liability, and the rights of workers who are exposed to occupational hazards, including asbestos, in home health settings.

SIF, PEOs, and Ethics

On May 13, 2026, the New Jersey workers' compensation bar gathered for the annual May Day Seminar, a three-hour intensive legal education covering some of the most pressing and financially consequential issues in the practice. The topics: the Second Injury Fund (SIF) credit debate, the chaos of PEO coverage litigation, and the ethics landmines embedded in the insurer/employer/attorney triangle. What follows is a practitioner's guide to the issues presented, the law as it now stands, and what you need to do about it.

Sexual Harassment Survives Dismissal

A federal court in New Jersey has issued a significant ruling at the intersection of employment discrimination law, workers' compensation, and workplace harassment. In Matthews v. United Airlines, Inc., Judge Brian R. Martinotti of the United States District Court for the District of New Jersey denied, in substantial part, defendants' motion to dismiss, allowing a flight ramp employee's claims of sexual harassment, hostile work environment, and retaliation to proceed under both Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD). The decision carries important implications for workers in New Jersey who suffer harassment on the job and then find themselves further victimized by retaliatory termination.

New Jersey's ABC Test Gets Official Rules

New Jersey's Department of Labor and Workforce Development has adopted N.J.A.C. 12:11, a sweeping new set of rules that codify how the state's nearly 90-year-old ABC test is applied to determine whether a worker is an employee or an independent contractor. This is a landmark development for workers' compensation practitioners, employers, and every worker performing services in the Garden State.

CCIP Coverage: Enrollment Isn't Enough

A construction subcontractor in New Jersey learned a hard lesson in March 2026: a certificate of insurance confirming wrap-up enrollment does not guarantee actual coverage. 

Badges Don't Make Employees

Sanger v. Next Level Business Services — A Cautionary Tale for Gig-Economy Workers

Construction Site Falls: Who Pays?

When Donald Hoiland stepped on a fist-sized rock at a Jersey City construction site in November 2017, he couldn't have known his injury would spawn three consolidated appeals that would clarify critical questions about contractor liability, indemnification, and workers' compensation protections in New Jersey.

Current Landscape of PTSD Claims

As of 2026, the workers' compensation landscape for mental health injuries has transformed dramatically:

Misclassification Threatens Workers' Rights

How Employee Classification Errors Compromise Workers' Compensation Protection

Labor's Workplace Safety Impact

While union membership hit a historic low of 9.9% in 2024—down from 20.1% in 1983—organized labor's influence on workers' compensation and workplace safety remains surprisingly powerful. This seeming contradiction reveals a critical truth: unions punch above their weight in protecting injured workers and preventing workplace injuries.

Sherrill's Win Locks In Worker Protections

Under the Democratic leadership of Governor Phil Murphy, New Jersey began a distinct, liberalizing shift in the application of its Workers' Compensation statute. Rather than a total systemic overhaul, the Murphy administration enacted targeted legislation that expanded coverage and lowered the burden of proof for key segments of the workforce.

Special Employee or Not? Court Decides

A New Jersey appellate court recently overturned a legal malpractice ruling by clarifying when police officers on "extra duty" assignments become "special employees" under workers' compensation law. The October 2025 decision in Dutcher v. Stathis provides important guidance for determining employment status.

Amazon's Misclassification Strips Workers' Safety Net

When a back injury should mean temporary disability benefits, but instead means choosing between rent and recovery—that's the hidden cost of worker misclassification. New Jersey's recent lawsuit against Amazon exposes how labeling employees as independent contractors strips away critical workers' compensation protections, leaving injured workers financially vulnerable during their most precarious moments.

Workers’ Compensation Benefits for Long COVID

 New Jersey Workers' Compensation Benefits for Long COVID: A Comprehensive Update

Understanding Your Rights Under New Jersey's Enhanced Protections for Essential Workers

Joint Special Employer: Dual Liability

The complex issue of employment status, specifically whether an individual can be considered a "joint special employer" in the context of workers' compensation was the subject of a recent court ruling. The New Jersey Superior Court, Appellate Division, examined the case of Joseph Vola, a police officer injured while on an extra traffic duty assignment for Asplundh Tree Experts, arranged through the City of Northfield.

Luxury Car Transporter Pays $455K for Misclassifying Drivers

The State of New Jersey continues to diligently pursue violations of employment status misclassification and independent contractor relationships.