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Workers' Compensation News


 

Duff: Question of Employee Misclassification Is for Arbitrators 10/08/2018
Source: Michael C. Duff
State: CA | Segment: Top | 321 | 0
Months ago, I asked whether arbitrators would decide the scope of the gig economy. ...Read More
 
 

Duff: Thinking Clearly About the Quid Pro Quo 09/10/2018
Source: Michael C. Duff
State: KS | Segment: Top | 173 | 0
I wanted to make some comments about the recent Kansas quid pro quo case Johnson v. U.S. Food Serv.  ...Read More
 
 

Duff: Wyoming's Strange Workers' Compensation Non-Relationship With Wal-Mart 07/05/2018
By: Michael C. Duff
State: WY | Segment: Top | 461 | 0
More from my excursion writing a Wyoming workers’ compensation treatise. ...Read More
 
 

Duff: Why Quid Pro Quo Unconstitutionality Arguments Work Better in Some States Than Others 06/19/2018
By: Michael C. Duff
State: NA | Segment: Top | 385 | 0
Quid pro quo arguments resonate more forcefully in Kansas and Florida than in many other states, and there is a state constitutional doctrinal reason why this is so. ...Read More
 
 

Duff: Murphy Oil and an Even Slipperier Slope of Forced Arbitration 06/01/2018
Source: Michael C. Duff
State: NA | Segment: Top | 299 | 0
The Supreme Court’s May 21 ruling in Murphy Oil/Epic Systems/Ernst & Young may be read narrowly as an opinion holding that the National Labor Relations Act d...Read More
 
 

Duff: Will Arbitrators Decide the Scope of the Gig Economy? 05/23/2018
Source: Michael C. Duff
State: NA | Segment: Top | 351 | 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
 
 

De Silva: Why Workplace Safety Auditors Don't Work 05/03/2018
By: Lakshan De Silva
State: NA | Segment: Top | 237 | 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
 
 

Duff: Mandatory Arbitration Expanding 04/25/2018
By: Michael C. Duff
State: NA | Segment: Top | 597 | 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
 
 

Duff: Handyman Special or New Flavor of Opt Out? 04/06/2018
By: Michael C. Duff
State: TN | Segment: Top | 384 | 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
 
 

Duff: White May Not Be Case to Cite for Workers' Compensation Quid Pro Quo 03/29/2018
By: Michael C. Duff
State: NA | Segment: Top | 411 | 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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