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Showing posts sorted by relevance for query illusion. Sort by date Show all posts
Showing posts sorted by relevance for query illusion. Sort by date Show all posts

Tuesday, November 20, 2012

If You’re Going Out To Eat Check Out “Behind The Kitchen Door”

For many celebrating the holiday season is inggo out to eat for an enjoyable experience. Unknown to many restaurant patrons are the problems of restaurant workers and include:  low wages, occupational stress and lack of medical benefits that requires restaurant workers to go to work sick.

Behind The Kitchen Door exposes the working conditions in the restaurant industry.
 “How do restaurant workers live on some of the lowest wages in America? And how do poor working conditions—discriminatory labor practices, exploitation, and unsanitary kitchens—affect the meals that arrive at our restaurant tables? Saru Jayaraman, who launched a national restaurant workers organization after 9/11, sets out to answer these questions by following the lives of ten restaurant workers in cities across the country - New York City, Washington DC, Philadelphia, Houston, Los Angeles, Houston, Miami, Detroit, and New Orleans. Blending personal and investigative journalism, Jayaraman shows us that the quality of the food that arrives at our restaurant tables is not just a product of raw ingredients: it’s the product of the hands that chop, grill, sauté, and serve it, and the bodies to whom those hands belong.

“Behind the Kitchen Door “ is a groundbreaking exploration of the political, economic, and moral implications of eating out. What’s at stake when we choose a restaurant is not only our own health or “foodie” experience, but the health and well-being of the second-largest private sector workforce—the lives of 10 million people, many immigrants, many people of color, who bring passion, tenacity, and important insight into the American dining experience.

Download the 2012 National Diners Guide – See how your favorite restaurant ranks

Read more about "food" and "workers compensation"

Sep 04, 2012
What kind of corporate man was Eastwood when he owned his restaurant, “Hog's Breath Inn,” in Carmel, California, when he was mayor? How did he treat his workers and what did he think about unions? It turns out Eastwood ...
Jun 21, 2010
"So if a Boston restaurant says, 'We're losing business in our restaurant because we can't get shrimp from the Gulf,' let's take a look at Massachusetts law. Would Massachusetts law recognize that claim? If it would, I will.
Jan 13, 2010
"The New York City Health Department is coordinating a nationwide effort to prevent heart attacks and strokes by reducing the amount of salt in packaged and restaurant foods. ...Subscribe To Workers' Compensation. Posts ...
Apr 20, 2011
Having gained experience fighting hotel and restaurant unions, Levitt sent out seminar brochures across the country marketing his expertise and spreading fear. He included newspaper clippings from a Las Vegas strike, and ...

Sunday, September 21, 2014

Left and right agree on something at last: Tipping is a management scam

Today's post was shared by Steven Greenhouse and comes from www.latimes.com


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In this hyper-polarized world, it's rare to find liberals and conservatives agreeing on anything -- and especially surprising to find them agreeing that hotel housekeepers deserve a raise.
But that's the response to news of a misguided publicity campaign in which California's former first lady, Maria Shriver, has joined with the huge hotel chain Marriott International to urge hotel guests to tip their room maids and housekeepers.  
As part of the campaign, dubbed "The Envelope Please," Marriott will leave tip envelopes in guest rooms as unsubtle hints. The suggested gratuity is $1 to $5 a night. Studies indicate that no more than 30% of hotel guests leave a tip for the maids.
The reaction to Marriott's campaign from left and right has been roughly the same: They have some nerve.
Here's Mark Krikorian in the conservative National Review Online: "If the housekeepers’ exertions warrant that money — and I’m sure they do — why doesn’t Marriott just raise their pay by $1 to $5 per room per night? The company’s press release has the gall to describe 'Gratitude Envelopes,' as though women making beds and cleaning bathrooms to make ends meet are engaged in a charitable activity."

Rich, educated and stupid parents are driving the vaccination crisis
Rich, educated and stupid parents are driving the vaccination crisis

At the liberal Think Progress blog, Bryce Covert reports that hourly pay for nonunionized housekeepers averages about $8.32 an hour. "Tips...
[Click here to see the rest of this post]

Saturday, January 26, 2013

The Vanishing Concept of a Job

While reviewing some historical cases today, I realized that what is missing from the workplace is the concept of "a job." America's economy has dramatically changed, and so have jobs that were once available in the workforce.

Even clearer is the fact that the concept of a job has disappeared. The idea of getting up in the morning and going regularly to a job has even vanished. The evolution changed slowly with the younger generation claiming that a job cycle transformed from a lifetime position to one lasting two years. Then the next stage in the evolution occurred, where the employee became a transient worker, and daily the job changed, No stable employer really exists.

This evolution has eroded the underlining framework of a functional workers' compensation program and the delivery of benefits. The injured worker becomes lost to the system, and a safe and secure workplace has become an illusion. Lost in the complexity is the adequate reporting of accidents and occupational disease, and the ability to accurately follow the evolution of latent diseases and medical conditions.
"A new trend in the U.S. labor market is reshaping how management and workers think  about employment, while at the same time reshaping the field of occupational safety  and health. More and more workers are being employed through “contingent work”  relationships. Day laborers hired on a street corner for construction or farming work,  warehouse laborers hired through staffing agencies, and hotel housekeepers supplied by  temp firms are common examples, because their employment is contingent upon shortterm fluctuations in demand for workers. Their shared experience is one of little job  security, low wages, minimal opportunities for advancement, and, all too often, hazardous working conditions. When hazards lead to work-related injuries, the contingent nature of the employment relationship can exacerbate the negative consequences for the injured worker and society. The worker might quickly find herself out of a job and, depending on the severity of the injury, the prospects of new employment might be slim. Employerbased health insurance is a rarity for contingent workers, so the costs of treating injuries are  typically shifted to the worker or the public at large. Because employers who hire workers on  a contingent basis do not directly pay for workers’ compensation and health insurance, they are likely to be insulated from premium adjustments based on the cost of workers’ injuries. As a result, employers of contingent labor may escape the financial incentives that are a main driver of business decisions to eliminate hazards for other workers."
Click here to read "At the Company’s Mercy: Protecting Contingent Workers from Unsafe Working Conditions"

Tuesday, April 23, 2013

NJ Governor Christie to Propose Workers' Compensation Reform

The NJ Workers' Compensation system is in for a change. Governor Chris Christie of NJ is taking aim at reforming the NJ system.

In the past, unsuccessful major attempts to reform the State's workers' compensation
system have come from interest groups from outside of the State, ie. 1980's national insurance Industry (AIA) concerns. Now the focus is changing, and the proposals for reform will be coming from the the State's Chief Executive, a major coalition builder who has successfully tackled major legislative changes during his term in office.

Historical efforts on workers' compensation reform in NJ have been:
-1974 Following the NJ State Commission on Investigation "Report of the NJ Workmen's Compensation System"
-1980's Following the WCRI Study attempt to adopt AMA Medical Guidelines
-1998 An attempt to increase the calculation of the State Average Weekly Wage, Dependency      Benefits and Legislative Oversight
-2008 Following the NJ Star Ledger expose ("How NJ Fails Workers") on temporary and medical benefit issues

“'We’re going to be coming up with a package of proposals that’s going to work both sides of that,' Christie told a caller on his monthly NJ 101.5 FM radio show tonight.

'The employers who may not be stepping up and meeting their obligations and also the employees who are committing fraud on the worker’s comp system,' he said."

Click here to read the complete article:  Christie to present plan to reform N.J. worker's compensation system (NJ.com)

Thursday, October 13, 2011

Dramatic Downturn In Work Comp Underwriting Will Continue Predicts AM Best

Due to the stressed housing market and ongoing economic downturn, 2010 was another difficult year for the title industry, according to an A.M. Best Special Report featured in this week's BestWeek U.S./Canada.

Despite the historically low mortgage interest-rate environment, revenues were pressured from the high unemployment rate and tightened credit standards. As such, operating results deteriorated and total industry written premiums declined slightly, year over year, A.M. Best said. Nevertheless, the title insurance industry managed to report an overall approximate 7% increase in surplus, driven mainly by the equity market recovery in 2010.

Also in BestWeek U.S./Canada, it's unlikely workers' compensation writers will see that line of business turn around anytime soon, despite large-scale workers' compensation reform bills enacted in several states this year, said Edward Keane, a senior financial analyst at A.M. Best.

Keane told BestWeek the deterioration that workers' compensation insurance has seen during the past two years will continue at least until mid-2012, unless the economy makes a dramatic improvement before then.

"I think the way things are going, results are going to get worse before they get better," Keane said, adding that for 2011, A.M. Best is projecting a 121.5 combined ratio. Last year, the combined ratio for the line was 118.1.

And with the election for Louisiana insurance commissioner coming up on Oct. 22, Jim Donelon, the Republican incumbent, and Donald Hodge, a Democrat, spoke to BestWeek about their opposing views.

Donelon has been spending aggressively to increase his name recognition and has continued his effort to court new insurers to the state. His opponent has gone on the attack, targeting Donelon for accepting campaign contributions from insurance companies doing business in the state. In fact, if Hodge had his way, he would be the last elected insurance commissioner in Louisiana.

Monday, May 2, 2011

Inconsistent Enforcement of State Wage and Hour Laws Could Lead to "Regulatory Race to The Bottom, " New Study Finds

The National State Attorneys General Program at Columbia Law School has issued a report on state wage and hour law enforcement, analyzing survey responses from 37 states and the District of Columbia. Workers' compensation benefits are usually determined by the amount of wages paid to the injured worker at the tie of the accident. Low wage reduce the amount of workers' compensation benefits to be paid.

The study is the first of its breadth and depth to be conducted on a national scale, and includes an objective analysis of wage and hour enforcement on the state level, measuring the methods and extent of enforcement, and the ability of states to track and share data on wage and hour enforcement. It is based on data available in the fall of 2010.

As the report notes, while 45 states have minimum wage laws, the mere existence of such laws does not mean they are followed. “Without meaningful enforcement by state regulators, some employers will simply disregard their legal obligations if doing so allows them to save time, money or effort, putting the majority who wish to abide by the law at a significant competitive disadvantage,” the report warns. “This creates a regulatory race to the bottom by states as they seek to compete to attract businesses.”

Among the study’s key findings:
·        Most states surveyed saw a significant increase in the number of low-wage workers in 2009. That increase was often matched by corresponding cuts or freezes in resources devoted to wage and hour enforcement. Alleged violations over pay for low-wage workers generate the most wage and hour complaints.
·        The degree and scope of wage and hour enforcement varies widely among the states. Some state labor departments have more comprehensive mandates, which include oversight of child labor, worker training, and employment discrimination, while Alabama, Georgia, Louisiana, Mississippi and Florida have no state agency that enforces wage and hour standards. In these states, complaints are referred to the federal government or private attorneys.
·        The most common way that states identify potential wage and hour violations is via individual complaints by employees. Of the few states that engage in more proactive enforcement, their primary focus was violations of prevailing wage laws—which establish wages for public works projects—and employee misclassification laws—which aim to prevent employers from evading wage and hour and other labor laws.
·        The number of complaints trailed off as the recession began in 2008, which the study suggests could be linked to employees being more hesitant to challenge employers in the midst of harsh economic conditions. Wisconsin noted specifically that it had experienced lower complaint totals during prior economic slowdowns.

The study was conducted by attorneys Jacob Meyer ’09 and Robert Greenleaf, under the direction of James Tierney, director of the National State Attorneys General Program. Funding for the study came from the United Brotherhood of Carpenters, International Brotherhood of Electrical Workers and other unions, as well as employer groups such as the National Electrical Contractors Association.

The report does not issue any recommendations other than to call for more research by states and other stakeholders about how to improve wage and hour enforcement, especially in the face of sharply curtailed state budgets.

“We realize the fiscal realities faced by the state, but this is one area that can’t be ignored,” said Tierney, who served as Maine’s attorney general from 1980-1990. "But without sufficient enforcement, families, law abiding businesses and the communities where they live in will be hurt. That would only be a further drag on the economy. We hope that this report will stimulate discussion and result in increased state-by-state research on the effectiveness of state wage and hour enforcement."

The report can be found below:

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.

Friday, August 27, 2010

Slow Economic Grown Forecasts Dismal Future for Workers Compensation

Quarterly Gross Domestic Product (year-on-year...
The announcement today of slower economic growth predicts a gloomy future for the US Workers' Compensation industry. A 2nd Quarter growth rate of 1.6% is far below the minimum 2.5% rate necessary to halt the increasing numbers of unemployed workers.


The US workers' compensation industry is dependent on premiums, based on wages, paid to workers. A lack of workers on payrolls stalls the economic engine necessary to fund the system. The predictable response is an increase in rates chargeable to fewer employees in a time when the country faces a predictable deflation rate in advance of potentially soaring rates based upon inevitable inflation resultant from increased governmental spending. Seven more years, at a minimum of high unemployment has been predicted.


Compounding the scenario is the fact that the historical pattern of the past will most likely not allow for a major rebound as the facts of economic growth, globalization and transfer of manufacturing overseas has devastated the base of growth for the national workers' compensation system. 


Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.


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Monday, May 9, 2011

Majestic Insurance Files for Bankruptcy

Another workers' compensation insurance company has filed for bankruptcy protection. Majestic Capital Limited, has filed for Chapter 11 with over $50 Million in liabilities.

In re Majestic Capital Ltd, 11-36225, U.S. Bankruptcy Court, Southern District of New York (Poughkeepsie).

Majestic Capital, Ltd. (Majestic Capital) (Nasdaq: MAJC) today announced that on Friday, April 29, 2011, it commenced bankruptcy proceedings by filing a petition under Chapter 11 of the US Bankruptcy Code. Such filing was made in the United States Bankruptcy Court for the Southern District of New York (the "Court") and was assigned case no. 11-36225.

Simultaneously with such filing, the following Majestic Capital subsidiaries also commenced bankruptcy proceedings under the jurisdiction of the Court by filing petitions pursuant to Chapter 11 of the US Bankruptcy Code under the case numbers indicated below:
Name of Subsidiary  Case No.

Majestic USA Capital, Inc. 11-36221
Compensation Risk Managers, LLC 11-36226
Compensation Risk Managers of California, LLC 11-36230
Eimar, LLC 11-36232
Embarcardero Insurance Holdings, Inc. 11-36234

Majestic Capital and its above-mentioned subsidiaries remain in possession of their respective assets and business, but subject to the supervision of the Court.

Trading in Majestic Capital's common stock on the Nasdaq Capital Market was halted today, and shall remain halted through the effective date of Majestic Capital's voluntary delisting pursuant to the notice of delisting that it filed with the SEC on April 29, 2011.

About Majestic Capital, Ltd.

Majestic Capital, through its subsidiaries, is a specialty provider of workers' compensation insurance products and services. Further information aboutMajestic Capital and its business can be found on Majestic Capital's website at http://www.MajesticCapital.com.

Friday, February 18, 2011

From Doughnuts to Workers Compensation Dollars

The failure to provide complete subsidies for prescription-drug coverage will indirectly continue to have an adverse financial impact on soaring workers' compensation costs. The Affordable Care Act (ACA) enacted in March 2010 has attempted but not completely removed the so-called "doughnut hole."


The aging workforce continues to increase as a result of both the economic downturn, as well a a dramatically increased retirement age. Furthermore, the increase in the denial rate of occupational conditions, some caused by latent disease, has increased to the number of beneficiaries on the Medicare system. Medicare continues to seek reimbursement through the Medicare Secondary Payer Act of conditional secondary payments to potential workers' compensation beneficiaries.


Those who elect Part D coverage, after the yearly deductible ($310) , are entitled to contribution from the Federal program for up to 25% of additional medical costs. Once they enter "the gap" in coverage ($2,840 to $4,550), the beneficiary is responsible for 100% of prescription costs. 


William H. Shrank, MD, M.S.H.S and Niteesh K. Choudhry, M.D., Ph.D., point out in their recent article in the New England Journal Of Medicine, that the present "doughnut hole system" results in seniors not taking prescribed medication because of the inability to pay dor drugs. The failure to deliver prescription care to seniors will ultimately result in an unhealthier workforce that the workers' compensation system will have the potential indirect responsibility to pay for. The cascading and progressive complications of underlying disease will have systemic negative health consequences for the aging workforce, and ultimately their employers, and their workers' compensation insurance coverage.
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