“Red” States, the National Labor Relations Act, and Covid Vaccination Mandates — Workers’ Compensation Law Prof Blog

In recent posts I have noted that disability and medical costs arising from adverse reactions to Covid vaccinations are likely to be covered either by workers’ compensation (when the employer requires vaccination as a condition of employment) or perhaps by…

“Red” States, the National Labor Relations Act, and Covid Vaccination Mandates — Workers’ Compensation Law Prof Blog

Hustling Through the New DOL FLSA Employee Test – Will it Change Anything? — Workers’ Compensation Law Prof Blog

The Bloomberg Daily Labor Report says, here behind a paywall, that yesterday “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…

Hustling Through the New DOL FLSA Employee Test – Will it Change Anything? — Workers’ Compensation Law Prof Blog

Congress (Apparently) Steps Back From Abyss of Nationalized Wrongdoer Liability Immunity — Workers’ Compensation Law Prof Blog

The (woefully inadequate) $900 billion Covid relief bill will not nationalize wrongdoer liability immunity. (Negligence law imposes liability on an actor for causing injury to another by being unreasonably risky as to the other’s safety—the actor is a wrongdoer not…

Congress (Apparently) Steps Back From Abyss of Nationalized Wrongdoer Liability Immunity — Workers’ Compensation Law Prof Blog

Coronavirus Vaccine Injuries May Be Covered by the Countermeasures Injury Compensation Program — Workers’ Compensation Law Prof Blog

I fear that very soon we may be facing vaccine injuries in connection with the dispensing of essentially experimental Covid vaccines. I certainly hope it does not happen, but experience is a cruel teacher. In addition to potential workers’ compensation…

Coronavirus Vaccine Injuries May Be Covered by the Countermeasures Injury Compensation Program — Workers’ Compensation Law Prof Blog

Will Covid Federal Civil Immunity Preempt California OSHA Covid Rules? — Workers’ Compensation Law Prof Blog

It appears that one of the most Draconian American tort immunity bills ever conceived is about to be foisted on states any minute now. (But don’t worry, it will only be in effect for a year OR until a Government…

Will Covid Federal Civil Immunity Preempt California OSHA Covid Rules? — Workers’ Compensation Law Prof Blog

Workers’ Compensation Coverage of Adverse Reactions from Employer-Required Covid-19 Vaccination? — Workers’ Compensation Law Prof Blog

A member of the press asked me today whether illness caused by an adverse reaction to an employer-required Covid-19 vaccine would be covered under workers’ compensation. Suppose, in other words, the employer says I cannot come back to work unless…

Workers’ Compensation Coverage of Adverse Reactions from Employer-Required Covid-19 Vaccination? — Workers’ Compensation Law Prof Blog

Bipartisan Consensus?: Businesses (and Others?) May Negligently Expose You to Coronavirus with Impunity — Workers’ Compensation Law Prof Blog

If you work in the Gig economy, you are not (or so the Giggers contend) an employee, and are therefore not entitled to workers’ compensation (among other employee rights). The same is true if you are any other flavor of…

Bipartisan Consensus?: Businesses (and Others?) May Negligently Expose You to Coronavirus with Impunity — Workers’ Compensation Law Prof Blog

Tardy Comment on Dismissal of Amazon Covid-Related Public Nuisance Case in New York — Workers’ Compensation Law Prof Blog

On November 1, Federal District Court Judge Cogan, of the Eastern District Court of New York, dismissed the public nuisance suit filed against Amazon in connection with its alleged unhealthy operation of the JFK8 Fulfillment Center in the context of…

Tardy Comment on Dismissal of Amazon Covid-Related Public Nuisance Case in New York — Workers’ Compensation Law Prof Blog

Covid Culture Wars and Workers – Stuck in the Middle Again — Workers’ Compensation Law Prof Blog

A frozen yogurt dealer in Durango, Colorado offered customers discounts for not wearing masks. Someone in town thereafter apparently got upset and busted out the dealer’s front window. He, in response, apparently affixed a sign to his establishment: “I shoot…

Covid Culture Wars and Workers – Stuck in the Middle Again — Workers’ Compensation Law Prof Blog

The California Proposition 22 Gig Hustle: Ask Not for Whom the Bell Tolls — Workers’ Compensation Law Prof Blog

I have arrived at the point in my torts course when we discuss the distinction between “employees” and “independent contractors.” The first thing I will be asking my students is what happens if a California Uber driver negligently, grossly-negligently, or…

The California Proposition 22 Gig Hustle: Ask Not for Whom the Bell Tolls — Workers’ Compensation Law Prof Blog