Copyright
Thursday, June 1, 2023
NJ Targets Rampant Misclassification of Drywall Workers
In its second strategic enforcement initiative, focusing on the drywall industry, the New Jersey Department of Labor and Workforce Development (NJDOL) reached a first-of-its-kind enhanced compliance agreement with Donald Drywall, L.L.C. of Lakewood after investigators found the subcontractor had committed numerous wage and hour, earned sick leave, and employee misclassification violations.
Monday, May 15, 2023
Is ChatGPT Ready to Write Workers’ Compensation Decisions?
Artificial intelligence (AI) programs have become an exciting new Internet phenomenon. Initially launched to generate graphics, the programs have rapidly emerged as Internet research's most significant development of the last twenty years.
Wednesday, April 5, 2023
The case for increased counsel fees
Long overdue legislation has been introduced in the NJ Assembly to increase workers' compensation counsel's fees for petitioner's/claimant's attorneys. The workers' compensation law field has historically been considered a legal specialty that needs to be improved in the quality of representation available to injured workers. It has hindered the ability of injured workers to seek adequate recoveries in the administrative law system.
Saturday, February 11, 2023
Employers Fined $1.3 Million for MIsclassification of Workers Including Failure to Have Adequate Workers' Compensation Insurance
The State of New Jersey is strictly enforcing laws that mandate a worker's employment status be properly reported and that employers provide adequate workers' compensation insurance coverage. The state has some of the strictest laws in the country and they are being enforced vigorously through a multi-agency protocol.
Tuesday, February 7, 2023
Temporary Workers Bill of Rights Act Signed into Law by Governor Pat Murphy.
The New Jersey State Senate concurred with Governor Pat Murphy's recommendations in his conditional veto of the temporary workers’ bill of rights bill. A1474 The revised legislation was passed by the Senate on Thursday. It was signed into law on Monday by Governor Murphy for his signature.
Available Workers' Compensation Law 2023 Update
Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law is now available from Thomson Reuters®. The treatise is the most complete and research-integrated work on NJ Workers’ Compensation law.
Thursday, January 19, 2023
Insurance Agent's Conduct Determines Liability for Failure to Inform an Employer of Workers' Compensation Coverage Options
The NJ Supreme court held that the insurance agent's conduct must be a willful, wanton, or grossly negligent act of commission or omission for failure to advise an employer about workers' compensation coverage for a Limited Liability Corporation.
Wednesday, January 11, 2023
OSHA: America Airlines Fined for Retaliating Against Worker Who Reported Hazardous Fumes in Cabin
Federal safety and health investigators have determined that one of the nation's largest airlines retaliated against flight attendants who reported worker illnesses caused by toxic fumes entering aircraft cabins.
Monday, October 31, 2022
Judge Erred in Finding a Conflict in Representation
Friday, October 14, 2022
NJ Issues Stop-Work Orders for Lack of Workers’ Compensation Insurance
Enforce continues at a rapid pace in New Jersey for failure to comply with the state’s labor laws. The New Jersey Department of Labor and Workforce Development (NJDOL) issued stop-work orders to contractor HESP Solar L.L.C. of Montvale and subcontractor Patriot Iron Works of Gaithersburg, Maryland, who were working on a project at Belleville High School.
Wednesday, October 5, 2022
Temporary Workers Bill of Rights Passed by NJ Assembly
The New Jersey State Assembly concurred with Governor Pat Murphy's recommendations contained in his conditional veto of the temporary workers’ bill of rights bill. A1474 . The revised legislation was passed by the Assembly in a 41-20-3 vote. It was received in the NJ Senate and listed for a 2nd reading and concurrence.
Friday, September 30, 2022
NJ CRIB Submits Rate Decrease for 2023
The NJ Compensation and Rating Bureau (NJCRIB) submitted a filing to the Department of Banking and Insurance seeking a 4.7% decrease in the overall premium and rate level effective January 1, 2023.
Wednesday, September 14, 2022
Uber Pays $100M Fine in NJ Driver Misclassification Case
Uber Technologies Inc. and a subsidiary have submitted a $100 million payment to the New Jersey Department of Labor and Workforce Development’s (NJDOL’s) Unemployment Trust Fund after an audit found the ride-share companies improperly classified hundreds of thousands of drivers as independent contractors, depriving them of crucial safety-net benefits such as unemployment, temporary disability, and family leave insurance, and failed to make required contributions toward unemployment, temporary disability, and workforce development.
Sunday, September 4, 2022
Use of Opioid Settlement Funds in NJ
As part of the Murphy Administration’s ongoing efforts to help New Jerseyans impacted by the opioid crisis, and in recognition of Overdose Awareness Day, Governor Phil Murphy announced additional steps the Administration is taking in New Jersey. Through a new online portal and Executive Order No. 305, the Governor has established two methods through which members of the public and relevant stakeholders can provide their input on the best use of the opioid settlement funds that New Jersey is receiving.
Friday, August 19, 2022
NJDOL Uses Expanded Powers to Stop Worker Exploitation at Job Sites
In the three years since Governor Murphy signed a law expanding NJDOL’s powers to stop work on a job site when there is strong evidence workers are being exploited, the department has issued 71 stop-work orders, through which agents found nearly $1 million in back wages owed to 235 workers.
Monday, August 15, 2022
An Abnormal Hurricane Season is Still Predicted
A major disrupters in the workers’ compensation system is hurricanes. Now is the time to prepare for such events. The 2022 Season is still predicted to be an abnormally high season.
Friday, August 12, 2022
Waiting for a Treatment for Long COVID Creates Uncertainty
The workers’ compensation system works because there is certainty in the amount and type of benefits available. The lack of an authorized treatment for long COVID disrupts that model and leaves employees, employers, and insurance companies with an unpredictable future.
Thursday, August 11, 2022
Back to Work is Going to be Back to COVID
The US Centers for Disease Control [CDC] announced today a continuation of its flawed strategy to reduce the plateaued high transmission rates of COVID throughout the US. As workers return from summer vacation, COVID transmission will remain very high, and the workforce will be subject to primary and repeat COVID infections.
The Eleventh Circuit Holds 4 Year Statute of Limitations Applies in MSP Private Actions
The 11th Circuit Court of Appeals decided that a four-year statute of limitation applies to private actions pursued under the Medicare Secondary Payer Act [MSPA].
Wednesday, August 3, 2022
Misclassification: 16 Workers Held to be Employees
An employer need not control every facet of a person's responsibilities for that person to be deemed an employee.