Top Blog Posts of 2023

It has been a busy year for the Workers' Compensation blog. This blog has had over 2 million views. Here is a list of the most popular posts in 2023. 

Happy New Year!

Shameless

The New Jersey Department of Labor and Workforce Development (NJDOL) has posted the names of 14 additional businesses to its Workplace Accountability in Labor List (aka The WALL), bringing to 82 the total number of delinquent employers with outstanding liabilities for violations of state wage, benefit or tax laws.

Misclassification Lawsuit Filed by NJ Attorney General

Attorney General Matthew J. Platkin and New Jersey Department of Labor and Workforce Development (NJDOL) Commissioner Robert Asaro-Angelo announced today that they have filed the first lawsuit under a 2021 law that permits the State to file suit in New Jersey Superior Court against employers who have misclassified workers as independent contractors when they are, in fact, employees.

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.

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.

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.

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. 

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.

Workers’ Compensation Benefits for Long COVID

Workers’ Compensation Benefits are available for those workers who have been exposed to COVID at work and contract disease and remain ill from Long COVID. 

Methylene Chloride Continues to be a Fatal Hazard in the Workplace

Exposure to paint strippers containing methylene chloride remains a severe health concern for workers. The Second Circuit Court of Appeals recently refused to extend the United States Environmental Protection [EPA] agency's regulations to cover methylene chloride in the commercial setting.

Social Security to be Depleted by 2033

The Social Security Board of Trustees today released its annual report on the long-term financial status of the Social Security Trust Funds. The combined asset reserves of the Old-Age and Survivors Insurance and Disability Insurance (OASI and DI) Trust Funds are projected to become depleted in 2034, one year earlier than projected last year, with 78 percent of benefits payable at that time. 

COVID Testing: What Employees and Employers Need to Know

COVID testing is taking a more prominent role as more employers have established vaccine mandates for their employees. Employees who assert either a medical waiver or religious exemption must undergo regular and observed COVID testing. 

Rules Proposed to End NJ Pension Cost Shifting

The New Jersey Department of Labor and Workforce Development [DLWD] has proposed Rules that will adopt the recommendations of  NJ State Comptroller. A February 2021 investigative report by the NJ State Comptroller raised critical issues common to other state and national collateral social insurance programs challenged by current fiscal limitations. The deadline for written comments is October 15, 2021.

NJDOL, Treasury Raid Worksite in First Joint-Enforcement Action to Combat Worker Misclassification

A team of more than 60 investigators from the New Jersey Department of Labor and Workforce Development (NJDOL) and the Department of the Treasury, supported by other state agencies, conducted an unannounced investigation of a construction site at 88 Regent Street in Jersey City in response to allegations of worker misclassification. 

OSHA issues updated guidance on protecting unvaccinated and other at-risk workers from the coronavirus

U.S. Department of Labor's Occupational Safety and Health Administration today issued updated guidance to help employers protect workers from the coronavirus. The updated guidance reflects developments in science and data, including the Centers for Disease Control and Prevention's updated COVID-19 guidance issued July 27.

NJ Announces Indoor Mask Requirement for Beginning of 2021-2022 School Year

Joined by educators, medical professionals, parents, and school administrators, NJ Governor Phil Murphy today announced that all students, educators, staff, and visitors will be required to wear face masks indoors for the start of the 2021-2022 school year. The Governor signed Executive Order (EO) 251, which will mandate masking in the indoor premises of all public, private, and parochial preschool, elementary, and secondary school buildings, with limited exceptions. The EO is effective on Monday, August 9, 2021. 

Justice Barrett denies an injunction against a vaccine mandate

Yesterday evening US Associate Justice Amy Coney Barrett denied a request for a writ of injunction against a vaccine mandate. Students at the University of Indiana [IU] a Fourteenth Amendment challenge to the school’s requirement that all students receive a COVID vaccine.

California appeals court upholds verdict against Monsanto for Roundup exposure

The claims of occupational exposures of landscapers and groundskeepers to herbicides such as Roundup were received further support by a recent decision by the California Court of Appeals. The Court affirmed the verdict of the trial court upholding the finding causal relationship between the product and cancer.

The 2021 Atlantic hurricane season poses an increased threat to workplace safety

A predicted record Atlantic hurricane season will create a perfect storm for increased occupational risks as the Sars-Cov2 Delta variant cases/hospitalizations/deaths are now surging, and climate change’s effects are mounting. 

NJ Division of Workers’ Compensation Announces Limited in-person Proceedings Effective August 16, 2021

Effective Monday, August 16, 2021, the N.J. Division of Workers’ Compensation shall implement a cautious return to normal operations with the resumption of limited in-person proceedings and an increase of on-site presence of workers’ compensation judges and court staff as set forth below.