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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Monday, November 17, 2014

Toyota to Recall Nearly 362,000 Vehicles, Including Camry


A 2015 Toyota Camry XSE at the Toyota Technical Center in Saline, MI on Oct 23, 2014.

Today's post is shared from http://online.wsj.com/
TOKYO— Toyota Motor Corp. will recall around 361,800 vehicles world-wide including the Camry sedan, mostly in Japan and Europe, the auto maker said Wednesday.
Toyota, which is recalling the vehicles for three separate defects, hasn’t received any reports of crashes or injuries related to the glitches, spokeswoman Kayo Doi said in an email.
Toyota is recalling about 170,000 Camrys—including 120,000 in Europe and around 60 in the U.S.—made between March 2011 and August 2014—over faulty ball joints that may have been damaged during shipment, she said. The defect could lead to drivers losing control of the vehicles. Toyota will replace the ball joint with a new one if necessary, she said.
Toyota is also recalling around 105,800 vehicles, including certain Hiace vans, mostly in Japan, over a fuel pipe defect. It is recalling approximately 86,000 Crown and Crown Majesta vehicles in Japan over a seat belt glitch.
Toyota declined to disclose the costs associated with the recalls.
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Walmart workers plan Black Friday protests over wages

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

CHICAGO (Reuters) - A group of Walmart employees pushing for higher wages said on Friday they were planning protests at 1,600 Walmart stores nationwide on Black Friday, the biggest shopping day of the year in the United States.
The labor group, Our Walmart, said it had protested 1,200 to 1,400 Walmart stores last year on Black Friday, the day after the Thanksgiving holiday.
Wal-Mart Stores Inc, owner of Walmart brand stores, and the largest private employer in the United States, has been a target for activists in the contentious national debate over proposals to raise the minimum wage.
The announcement comes a day after police arrested 23 people outside a Los Angeles-area Walmart protesting what they say are the company's low wages and its retaliation against employees who pushed for better working conditions.
The arrests on Thursday followed several hours of protest by a number of Walmart workers in California, according to Our Walmart and The United Food and Commercial Workers International Union, or UFCW.
About 30 workers entered a Walmart store in the Crenshaw neighborhood of Los Angeles on Thursday morning and held a sit-down protest for two hours, UFCW spokesman Marc Goumbri said.
The workers then protested at a Walmart store in Pico Rivera in eastern Los Angeles where the arrests eventually took place.
"Over the last year, Walmart workers have pressured Walmart to change its pregnancy policy, provide access to more hours and most recently to pledge to phase out its...
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WATCH: Whither the Movement? The Future of American Labor Unions

Today's post was shared by Steven Greenhouse and comes from politics.uchicago.edu
Are America’s labor unions relevant? Today union membership stands at 11% of wage and salary workers, a drop of nearly 9 percent over the past 30 years. But according to the Bureau of Labor Statistics, workers who join unions on average make nearly $200 more weekly than those who do not. So, why are membership rates dropping and what can union leadership do to reverse these trends?Watch leaders from some of the nation’s largest labor unions explore the future of the labor movement, the role of labor unions in modern American politics, and the impact of right-to-work laws, political endorsements, and stalled legislation such as the Employee Free Choice Act on their membership.

Panelists Include: American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) President Richard Trumka, United Steelworkers (USW) International President Leo Gerard, and former Treasurer-Secretary of Service Employees International Union (SEIU) Eliseo Medina. Moderated by Steve Greenhouse, Labor Reporter for the New York Times.


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Sunday, November 16, 2014

The GM Compensation Process - An Inside View

Alternative victim compensation programs have emerged to expedite resolution of disputes. Today's post is shared from nytimes.com 

WASHINGTON — If this Monday is like almost every other one this fall, the death toll from General Motors’ defective ignition switch will rise.

Inside a hushed suite of law offices here, 500 miles away from the automaker’s Detroit headquarters, the victim-compensation team led by Kenneth R. Feinberg will post its weekly update of the number of death and injury claims it has found to be eligible for payment by the automaker. G.M. is Mr. Feinberg’s client, paying him for his work, and weighing in behind the scenes on dozens of cases. But Mr. Feinberg has already identified well more than twice as many deaths from the defective switch than the company did — 32 instead of 13 — and is on pace to pinpoint many more

It is an unusual process, intended to show the company living up to its “civic duty” to help victims, as its chief executive, Mary T. Barra, has put it, while also sparing the automaker long and costly lawsuits. But in giving Mr. Feinberg sole discretion to determine who the victims are and how much money they should receive, G.M. could end up paying more money to more people than the courts would have allowed.

The review process is confidential, but recently, Mr. Feinberg and his deputy, Camille Biros, agreed to provide The New York Times with a glimpse of how they evaluate claims. They answered questions, allowed a reporter into the windowless conference room of Mr. Feinberg’s law offices where they make the final decisions and showed a handful of claims, with names and additional details concealed to protect claimants’ identities.

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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.

Saturday, November 15, 2014

Protecting Workers from being Destroyed by the Work Schedule

Today’s post comes from guest author Paul J. McAndrew, Jr., from Paul McAndrew Law Firm.

I wrote the post below as an editorial in the Iowa City Press-Citizen. Because The Scheudles That Work Act is of national importance I want to make sure this issue receives the attention that it deserves by promoting awareness of it as broadly as possible. I hope you’ll take the time to read my editorial and pass it along to concerned citizens in your area.


Workers deserve some certainty in their work schedules. Why? Because we all have need to plan for child care, time for school, transportation, or simply time to pay bills and manage the household. It’s basic fairness.

But don’t you, a friend or an acquaintance work a job with unpredictable and irregular work schedules? You’ve probably noticed that irregular and on-call scheduling are increasingly common. It’s especially common in the fastest-growing areas of our economy—- cleaning, janitorial, retail and restaurant work.

These scheduling practices can devastate the worker and her/his family. The practices demand the worker choose between his job or his family. They often lead to the worker being fired.

Vermont and San Francisco have already passed laws to help employers and workers avoid this devastation.

Senator Tom Harkin has now proposed The Schedules That Work Act to help workers balancework duties with family duties. The Act helps both workers and employers by:
Protecting all employees from retaliation for requesting a more flexible, predictable or stable schedule.

Creating a process under which an employer considers a worker’s schedule request in a way that’s sensitive to the needs of the worker and her/his family. For example, schedule requests based on caregiving duties, health conditions, pursuing education or the need to meet the demands of a second job, must be granted, unless the employer has a good business reason for denying it.

Compensating retail, food service, and cleaning workers for at least four hours of work if an employee reports to work when scheduled for at least four hours but is sent home early.

Providing that retail, food service, and cleaning employees receive work schedules at least two weeks in advance. Though schedules may later be changed, one hour’s worth of extra pay is required for schedules changed with less than twenty-four (24) hours’ notice.

Providing workers an extra hour of pay if scheduled to work split shifts or non-consecutive shifts, within a single day.

Kudos to Senator Harkin! Some politicians and billionaire-driven PACs parrot “Iowa values” as a campaign slogan. Senator Harkin, on the contrary, uses those values to create legislation like the ADA and The Schedules That Work Act.

Friday, November 14, 2014

BLS Issues Correction on Non-Fatal Occupational Injuries and Illnesses

BLS issued a notice on October 9, 2014, alerting users that incorrect national-level estimates of nonfatal occupational injuries and illnesses among private-sector industries were published for the Survey of Occupational Injuries and Illnesses (SOII) for reference years 2011 and 2012. Corrected data for the 2011 and 2012 reference periods from SOII are now available at http://www.bls.gov/iif/#data.

With the discovery of this error, BLS rescheduled the Occupational Injuries and Illnesses, 2013 release, to December 4, 2014. BLS also rescheduled the Nonfatal Occupational Injuries and Illnesses Requiring Days Away From Work, 2013 release to December 16, 2014. The BLS release calendar reflects the new release dates.

For more information on this correction, please visit http://www.bls.gov/bls/errata/iif_errata_1014.htm.

System Fails to Provide Appropriate Care for Non-Catastrophic Injuries

Todays post is authored by Melissa Brown* of the California Bar.

The October issue of the American Journal of Industrial Medicine confirms what our clients have been experiencing since the California legislature began “reforming” medical treatment access in 2003: the system fails to provide appropriate care for non-catastrophic injuries. (See Franklin, G., et al., “Workers’ Compensation: Poor Quality Health Care and the Growing Disability Problem in the United States,” American Journal of Industrial Medicine, October 2014). The reforms, which include reliance on “evidence-based” medicine and utilization review, often results in increased permanent disabilities and a shift of compensation to Social Security, Medicare and other state and federal disability systems.

The authors note a 75% increase in those receiving Social Security Disability benefits for working age people during the period 2000 and 2012. The basis of the inability to work has shifted from cardiovascular to musculoskeletal, arguably injuries that could have been prevented with safer work practices.

Our experience at Fraulob, Brown, Gowen & Snapp is consistent with these findings. Just today, one of our client’s reported that the expert medical evaluator in his case, agreed to by the insurance company, advised him that had his neck surgery been approved when his doctor requested, rather than going through the utilization review process, he would have had less residual disability. This of course does not even address the pain and suffering he endured waiting for approval; pain and suffering which is not paid by workers’ compensation.

The only way to change this system is through legislation. Which means that people need to vote and need to make it their mission to contact their legislators and the governor with their horror stories.

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*Melissa C. Brown is a frequent lecturer at legal conventions and seminars. Ms. Brown has been recognized in America’s Top Attorneys for over 20 years. She has studied Mediation at the World Intellectual Property Organization in Geneva, Switzerland.

Ms. Brown is a certified specialist in Workers’ Compensation as well as a national expert on Social Security Disability , Elder Law, Health Care Planning and decision-making. She is a law professor and published author.

Her practice includes serving as a court appointed and agreed upon Arbitrator for Workers’ Compensation matters. Her legal treatise, Advising the Elderly or Disabled Client, is utilized by law schools throughout America as well as Elder Law, Disability and Personal Injury attorneys. She been retained as an expert witness by the NFL Players association regarding compensation for brain and other serious injuries sustained by professional athletes.