Industry Insights
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Duff: Will Arbitrators Decide the Scope of the Gig Economy? | 05/23/2018 | |
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| Source: Michael C. Duff | |||
| State: NA | Segment: Top | 0 | |||
| My colleague and co-editor of this blog, Judge David B. Torrey, pointed out to me recently that several of the gig “worker” contracts contain mandatory binding arbitration provisions. Preliminary to the question of whether a worker is an employee is the question of who makes that...Read More | |||
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De Silva: Why Workplace Safety Auditors Don't Work | 05/03/2018 | |
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| By: Lakshan De Silva | |||
| State: NA | Segment: Top | 0 | |||
| For decades, workplace safety has been about reactively auditing the work environment to pass a “tick box” exercise. This has not only led to high and sometimes fatal costs to businesses, but also higher expenses, more losses and a general inability to improve safety. ...Read More | |||
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Duff: Mandatory Arbitration Expanding | 04/25/2018 | |
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| By: Michael C. Duff | |||
| State: NA | Segment: Top | 0 | |||
| As I have been arguing for some time, there is no doctrinal reason employers could not subject workers' compensation claims to mandatory arbitration. ...Read More | |||
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Duff: Handyman Special or New Flavor of Opt Out? | 04/06/2018 | |
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| By: Michael C. Duff | |||
| State: TN | Segment: Top | 0 | |||
| Tennessee recently passed a law that will undoubtedly make it significantly easier for companies to classify their workers as independent contractors rather than employees, thereby lowering their operating costs and creating a class of individuals with fewer legal protections when suffering on-th...Read More | |||
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Duff: White May Not Be Case to Cite for Workers' Compensation Quid Pro Quo | 03/29/2018 | |
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| By: Michael C. Duff | |||
| State: NA | Segment: Top | 0 | |||
| I (and many others) have argued that, in the Supreme Court’s decision, New York Central Railroad Company v. White (1917), the court implicitly held that a state’s workers’ compensation b...Read More | |||
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Drummond: Court Denies Mandamus Relief From Restrictive HIPAA Order | 03/21/2018 | |
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| By: Charley M. Drummond | |||
| State: AL | Segment: Top | 0 | |||
| On Feb. 23, the Alabama Court of Civil Appeals released its opinion in Ex Parte Alabama Gas Corporation, denying Alagasco’s petition for writ of mandamus wherein it sought relief from a particularly restrictive HIPAA order entered by the trial court. ...Read More | |||
| Donelson: Why 'Texas Option' Works | 12/06/2016 | ||
| State: TX | Segment: Top | 0 | |||
| In regard to the recent op-ed published by Professors Thomas McGarity and Sid Shapiro, ...Read More | |||
| Davis: Okla. Workers' Comp Commission: Push Them on ERISA and They'll Push Back | 03/03/2016 | ||
| By: Daryl Davis | |||
| State: NA | Segment: Top | 0 | |||
| On Friday, Feb. 26, 2016, the Oklahoma Workers’ Compensation Commission (WCC) offered one of the most bizarre decisions in the history of any such tribunal in the world. The agency, ...Read More | |||
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Drug Abuse and the 2016 Presidential Election | 02/02/2016 | |
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| By: Michael Gavin | |||
| State: NA | Segment: Top | 0 | |||
| In last week's State of the Union address, President Obama mentioned prescription drug abuse as an issue where he saw opportunity for bipartisan compromise. Notably, he mentioned this in the first three minutes of the speech. And not coincidentally, he mentioned it in the same breat...Read More | |||
| DWC Admin. Director Responds to Home Health Care Column | 12/14/2015 | ||
| By: Destie Overpeck | |||
| State: NA | Segment: Top | 0 | |||
| Julius Young wrongly asserts that California’s Division of Workers’ Compensation intends to deny necessary home health care and push injured workers to In-Home Support Services. (...Read More | |||
