To Mask or Un-mask: What the Delta Variant Means to You

Infectious disease experts discuss the issues of masking, the Delta variant, and predictions of COVID going forward. A panel discussion - 30 minutes. Broadcast, Thursday, July 29, 2021.

California Implements First-in-the-Nation Measures to Encourage State Employees and Health Care Workers to Get Vaccinated

The State of California is taking decisive action to combat the spread of COVID-19 and protect vulnerable communities – implementing a first-in-the-nation standard to require all state workers and workers in health care and high-risk congregate settings to either show proof of full vaccination or be tested at least once per week, and encourage all local government and other employers to adopt a similar protocol.

VA mandates COVID-19 vaccines among its medical employees including VHA facilities staff

Department of Veterans Affairs Secretary Denis McDonough announced he will make COVID-19 vaccines mandatory for Title 38 VA health care personnel — including physicians, dentists, podiatrists, optometrists, registered nurses, physician assistants, expanded-function dental auxiliaries and chiropractors — who work in Veterans Health Administration facilities, visit VHA facilities or provide direct care to those VA serves.

NY Attorney General James Announces Proposed $26 Billion Global Agreement with Opioid Distributors/Manufacturer

New York Attorney General Letitia James today announced a historic proposed $26 billion agreement that will help deliver desperately needed relief to communities across New York and the rest of the nation struggling with opioid addiction. 

HHS Announces $103 Million from American Rescue Plan to Strengthen Resiliency and Address Burnout in the Health Workforce

 The U.S. Department of Health and Human Services (HHS), through the Health Resources and Services Administration (HRSA), announced the availability of an estimated $103 million in American Rescue Plan funding over a three-year period to reduce burnout and promote mental health among the health workforce. 

OSHA Cites Dental Practice for Coronavirus Retaliation

The U.S. Department of Labor has taken legal action against two North Texas dentists on behalf of a dental hygienist and a dental assistant who were not reinstated after expressing concerns about what coronavirus safety measures would be in place when the practice reopened in spring 2020.

NJ Department of Labor and Workforce Development Halts Work at Construction Site After Violations Found

The New Jersey Department of Labor and Workforce Development (NJDOL) has again used its authority to stop work at a construction site at which subcontractors were found to be violating state labor laws.

NJ Enacts Legislation to Protect New Jersey Workers, Employers From Unlawful Misclassification

Building on his commitment to making sure that workers and employers in New Jersey are treated fairly, Governor Phil Murphy today signed a four-bill legislative package furthering state efforts to stop employee misclassification. 

NJ Successfully Targets Employee Misclassification

In response to a report issued by Governor Murphy’s Task Force on Employee Misclassification, the New Jersey Department of the Treasury has made significant strides to deter misclassification by organizations that do business with the State in order to help address the underlying causes that lead to ever-widening income inequality.

Stop-Work Order Issued to NJ Contractor for Misclassification Violations

The New Jersey Department of Labor and Workforce Development (NJDOL) issued a stop-work order to Galo Contractors Group, LLC, on March 9 for six alleged violations at a worksite in Keansburg.

US Department Of Labor Announces Proposals To Rescind Two Rules That Undermine Worker Protections Against Unfair Pay Practices

The U.S. Department of Labor today announced proposals to rescind two final rules that would significantly weaken protections afforded to American workers under the Fair Labor Standards Act.

NJDOL Investigation into Unpaid Wages Finds Contractor Owes $1.2M to Workers

Three Sons Restoration LLC of Union was assessed approximately $2.75 million in back wages, penalties, and fees following a New Jersey Department of Labor and Workforce Development (NJDOL) investigation into the contractor’s failure to pay its employees the state prevailing wage at six job sites.

US DOL Proposes New Rule Defining Independent Contractor Status

The U.S. Department of Labor today announced a proposed rule clarifying the definition of employee under the Fair Labor Standards Act (FLSA) as it relates to independent contractors.

Restoring Overtime

Members of Make the Road New Jersey, the immigrant and workers’ rights organization, delivered 500 letters from New Jersey workers to Gov. Phil Murphy today, urging him to take action to restore overtime rights for thousands of New Jersey workers.

NJ Governor Murphy Signs Sweeping Legislative Package to Combat Worker Misclassification and Exploitation

Acting on his commitment to support and uplift New Jersey workers, Governor Phil Murphy today signed a legislative package combatting worker misclassification and exploitation. The bills will crack down on employee misclassification in businesses by allowing stop-work orders against employers violating state wage, benefit, and tax law; providing assessment of penalties for violations in connection with misclassification of employees; and requiring employers to post a notice for their employees regarding employee misclassification, among others.

NJ Enters Into a Tri-State Agreement to Protect Workers

Labor departments from New Jersey, Pennsylvania, and Delaware signed a reciprocal agreement on Tuesday designed to better protect workers and employers through a newly established pipeline of information sharing and coordination of enforcement efforts.

This agreement grants new powers to each state, including strategic data-sharing, interstate case referrals, and joint investigations that will greatly impact wage claim investigations, worker misclassification, workplace safety efforts, and other labor-related compliance matters.

NJ Governor’s Report on Misclassification

Governor Phil Murphy today released a comprehensive report from the Task Force on Employee Misclassification, vowing to intensify efforts to curtail the widespread and illegal practice of misclassifying workers as independent contractors instead of employees, which cheats some workers out of benefits and wages, hurts law-abiding business owners, and costs the state tens of millions of dollars a year in lost employment-related tax revenue.

Equifax Battles Unemployed Workers

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

According to USA Today, thanks to a data breach that effected 143 million Americans, credit reporting company Equifax is the most hated corporation in America. 

But if you think the data breach was bad, just wait until you hear what Equifax does with unemployment claims. 

In 2012 Equifax acquired TALX (pronounced “talks”) which helps employers process unemployment claims. In 2010, the New York Times did some good reporting about how TALX helped delay and even deny unemployment benefits to unemployed workers during the height of the Great Recession with questionable appeals and other tactics. At that time, TALX processed unemployment claims for employers comprising up to 30 percent of the workforce. 

But even as memories of the Great Recession fade from media consciousness, TALX is still up its old tricks as a division of Equifax. The silver lining to the Equifax/TALX dark cloud for newly unemployed is if an employee appeals a denial of unemployment and Equifax/TALX is handling the claim, there is a good chance that Equifax/TALX will not appear for the unemployment appeal hearing. 

The mere fact Equifax/TALX no shows a hearing doesn’t automatically mean an employee wins their unemployment appeal in Nebraska. According to 224 NAC 01 014, an employee appealing a determination still must present evidence as to why the determination was incorrect. This is true whether the employee was alleged to have quit or was fired. The quit/fired distinction is important as the employee has the burden to prove they quit for good cause while the employer has the burden of proof to show the they fired the employee for misconduct in connection with employment. 

In my experience with uncontested unemployment appeals, the quit/fired distinction is less important than it is in a contested hearing. The problem for many employees though is that they don’t appeal their determination within the 20 day period allowed under Nebraska law. Additionally some employees could avoid an initial denial of benefits if they would better communicate with the Nebraska Department of Labor about their unemployment claim. 

Sometimes newly unemployed workers do things to undermine their right to receive unemployment, but I refuse to scapegoat ordinary people when a corporation like Equifax is actively working against unemployed workers pursing unemployment insurance. 

See also:
Taxi cab driver awarded workers compensation benefits

Employment Status: Common Law Tests May Need an Update

The Internet Redefines Jurisdiction

Is Social Insurance in Our Nation's Future?

NJDOL Alerts CPA;s About Employee Misclassification

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.

NJ Labor Department, USDOL Ink Agreement to Work Together to Protect Businesses and End Exploitation of Workers through Misclassification

The New Jersey Department of Labor and Workforce Development and the U.S Department of Labor pledged a historic new level of cooperation to protect New Jersey’s economy by signing an agreement on August 10, 2018 to work together to end illegal employee misclassification.