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Industry Insights

 

Donovan: Cal/OSHA Guidance on Return-to-Work Testing 02/03/2022
By: Amy Donovan
State: CA | Segment: Top | 0
Question: I have an employee who tested positive for COVID-19. She has been home from work for five days and would like to take another COVID-19 test to return to work. If the employee uses an over-the-counter COVID-19 test, do I have to watch the employee administer the tes...Read More
 
 

Duff: NFIB v. Department of Labor, OSHA in a Few Sentences 01/25/2022
By: Michael C. Duff
State: NA | Segment: Top | 0
In my first reading of the opinion, I conclude that all the Supreme Court said in the big National Federation of Independent Business vs. OSHA case is that the Occupational Safety and Health Admini...Read More
 
 

Duff: 'Worker Protection Bill,' the NLRA and Worker Safety 12/21/2021
By: Michael C. Duff
State: NA | Segment: Top | 0
Although not directly related to workers' compensation, in the aftermath of tornado-related worker deaths in Illinois and Kentucky there have been a number of news stories discussing the need for a worker protection law of some kind. ...Read More
 
 

Duff: What COVID-19 Laid Bare 08/27/2021
By: Michael C. Duff
State: NA | Segment: Top | 0
I'm writing this post in scorching Saint Louis, where I am a visiting professor at Saint Louis University School of Law for the fall semester teaching workers' compensation and torts. ...Read More
 
 

Donovan: Masks, Cal/OSHA and the Rapidly Changing Guidance for Employers 06/16/2021
By: Amy Donovan
State: CA | Segment: Top | 1
Employers throughout California are experiencing whiplash as the California Division of Occupational Safety and Health continues to revise its proposed emergency temporary standard for COVID-19, and the federal Occupational Safety and Health Administration issues its own ETS for health care worke...Read More
 
 

Duff: A Disguised Vaccination Mandate 02/25/2021
By: Michael C. Duff
State: IL | Segment: Top | 1
A workers’ compensation bill filed in the Illinois House on Friday provides that&nb...Read More
 
 

Duff: An Accidentally Close Reading of a COVID-19 Bill 02/23/2021
By: Michael C. Duff
State: AR | Segment: Top | 0
I accidentally bumped into a recent COVID-related bill offered in the Arkansas House within the last couple of weeks that looked at first blush employee-friendly. ...Read More
 
 

Duff: A Presentation on Workers' Compensation COVID Presumptions 02/16/2021
By: Michael C. Duff
State: CA | Segment: Top | 0
Back on Jan. 22, Professor John F. Burton and I presented at a webinar conducted by the Workers' Injury Law and Advocacy Group (WILG) and titled, "COVID as an Occupational Disease: How Do Various States Handle these Claims?" ...Read More
 
 

Duff: Is the Accident Element of Workers' Compensation Itself a Historical Accident? 02/02/2021
By: Michael C. Duff
State: NA | Segment: Top | 0
As I commence another semester teaching workers’ compensation law, blissfully if artificially abstracted from COVID contexts, I find myself befuddled by a fundamental and, I naïvely had imagined, simple question: Why did state workers’ compensation statutes ever in...Read More
 
 

Duff: Will New FLSA Employee Test Change Anything? 12/28/2020
By: Michael C. Duff
State: NA | Segment: Top | 0
The Bloomberg Daily Labor Report recently said “the U.S. Labor Department sent to the White House for review a high-profile final rule to ease employers’ use of independent contractors, continuing the Trump administration’s deregulatory push in the final weeks before the preside...Read More
 
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