NJ Employee Protection Law for Mass Layoff Now in Effect

The landmark worker protection law that requires advance notification and severance pay in cases of mass layoffs would take effect this year, according to legislation sponsored by Senator Joe Cryan and Senator Fred Madden that was signed into law today by Governor Phil Murphy.

FTC Proposes Rule to Ban Noncompete Clauses

The Federal Trade Commission proposed a new rule that would ban employers from imposing noncompetes on their workers, a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses. By stopping this practice, the agency estimates that the new proposed rule could increase wages by nearly $300 billion per year and expand career opportunities for about 30 million Americans.

Counsel Fee of $123,415 Deemed Excessive by the Appellate Division

The NJ Appellate Court reversed and remanded a claim where the Judge of Compensation awarded a counsel fee to the claimant’s attorney $123,415. The reviewing tribunal deemed the fees based on a permanency award, a motion for medical and temporary benefits, and a motion for enforcement inconsistent with the reasonable method in determining fees.

BLS Reports Fatal Accident Rates Soared in 2021

The 3.6 fatal occupational injury rate in 2021 represents the highest annual rate since 2016. A worker died every 101 minutes from a work-related injury in 2021.

Federal Employees May File a Claim for Work-Related COVID-19

The American Rescue Plan Act of 2021, which President Biden signed on March 11, 2021, makes it much easier for federal workers diagnosed with COVID-19 to establish coverage under the Federal Employees’ Compensation Act. To establish a COVID-19 claim, you simply need to establish that you are a “covered employee,” meaning that:

US Supreme Court Allows State Law to Govern Willful Misconduct Cases Under the PREP Act

The US Supreme Court [SCOTUS] has declined to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct, GLENHAVEN HEALTHCARE LLC v. Saldana, Supreme Court 2022. On appeal,  Saldana v. Glenhaven Healthcare LLC, 27 F. 4th 679 - Court of Appeals, 9th Circuit 2022

The element of compulsion validates The Special Mission Doctrine

The NJ Appellate Division conducted an insightful analysis of The special mission doctrine in affirming a workers’ compensation award to an injured employee who suffered severe injuries when a tank loaded with acetylene gas exploded in this car. The employee was en route to deliver the tank to a customer of the employer, toff-hours, and with his personal vehicle and not under direct orders from his employer.