Trump's Gig Economy

Today's guest author is Jon Rehm, Esq. of the Nebraska bar.

The United States Department of Labor (DOL) published an opinion letter that would seem to exempt most so-called “gig economy” companies from federal wage and hour enforcement.

Is Social Insurance in Our Nation's Future?

The changing economy presents both new concepts and new challenges. Over 60% of today's

children will be employed in jobs that don't even exist now. An interesting article explores whether social insurance, of which workers' compensation is a part, will even exist the future.

Employment Status: Common Law Tests May Need an Update

The application of the common-law standard to determine employment status may no longer be relevant in the age of the gig economy. The NJ Appellate Division ruled that the common law test utilized to determine employment status could not be utilized in the interpretation of a medical malpractice insurance policy.

The Internet Redefines Jurisdiction

The Internet has resulted in widespread changes in workers’ compensation including what defines a contract of employment. In determining the applicable law governing a claim, the NJ Appellate Division, in a unanimous reported decision, went back to basics in reaching the conclusion that NJ had jurisdiction.

Taxi cab driver awarded workers compensation benefits

A New Jersey appellate court held that a taxi cab driver should be considered employee under both the "right to control test" and “the nature of the work test.” The Court further held that the parties are bound by a prior unreported decision from the appellate court since the parties were the same.

Leased Employment Has Its Consequences

An employee leased to another company [ER], ie. From a placement agency [PA], does not have the rights and benefits available to a regular employee. A recent case illustrates how the leased employee is prohibited from seeking an award for damages because of an accident at work.

Temporary Holiday Workers Face Hazards of the Season

This holiday season, more than in the past, there will be a serious challenge to workers who are taking on temporary jobs. As the economy continues to be in the ditch, more people are being hired for jobs for which they are untrained and unfamiliar. Injuries will result.

Temporary employees who are injured at work are not accustomed to the procedural requirements to give their employers notice of the injury, and the correct manner and method to seek approved medical treatment. Additionally benefits paid to seasonal workers are notoriously low and paid sporadically so the computation of rate benefits becomes an issue.

See Eve Tahmincioglu's article, Tough economy makes holiday jobs a gift for many (msnbc.msn.com)

"In 2008, Andrew Sullivan lost his job as a sales and customer service supervisor for a telecommunications company and decided to take a temporary seasonal gig as a driver for UPS because he couldn’t find work in his field....." read more

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For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Related articles

• Older Job Seekers Accepting Holiday Temporary Jobs Intended For Students: Report (huffingtonpost.com)
• Florida Rules Illegal Aliens Entitled to Workers Compensation (workers-compensation.blogspot.com)
• Amazon hiring 500 seasonal workers through Integrity Staffing - Phoenix Business Journal (skillsinfo.wordpress.com)
• Claim Permitted Against Employer For Concealment of Chemical Dangers (workers-compensation.blogspot.com)
• Companies hiring the most this holiday season (msnbc.msn.com)
• Macy's to add 78,000 holiday jobs (money.cnn.com)