Why Federal Equal Protection Challenges to Workers’ Compensation Statutes Don’t Work — Workers’ Compensation Law Prof Blog

I do not believe that interference with workers’ compensation rights are subject to vindication under the equal protection clause of the United States Constitution (even when the interference is vicious or unfair) because the obstruction does not disadvantage a suspect…

via Why Federal Equal Protection Challenges to Workers’ Compensation Statutes Don’t Work — Workers’ Compensation Law Prof Blog

DOL’s FLSA “Gig” Economy Letter Ignores History and is Dwarfed by 9th Circuit’s Jan-Pro Case — Workers’ Compensation Law Prof Blog

I have been asked a couple of times this week to comment on the apparent narrowing of the FLSA employee standard in a recent Wage and Hour Opinion letter. In a nutshell, the letter tells me nothing I did not…

via DOL’s FLSA “Gig” Economy Letter Ignores History and is Dwarfed by 9th Circuit’s Jan-Pro Case — Workers’ Compensation Law Prof Blog

The Origins and Effects of My Workers’ Compensation “Viscerality” — Workers’ Compensation Law Prof Blog

I am about to use a largely academic word—viscerality—to explain my atypically (for a law professor) non-academic relationship to workers’ compensation law. Please be patient with me. Viscerality is “a quality of being related to the physical as opposed to…

via The Origins and Effects of My Workers’ Compensation “Viscerality” — Workers’ Compensation Law Prof Blog

Managing Cynicism: Teaching Law Students about Dueling Doctors in Workers’ Compensation — Workers’ Compensation Law Prof Blog

It does not take a law student embarked on my workers’ compensation course long to realize that, in many of the litigated cases we read, the opinions of the doctors involved are diametrically opposed. And opposed despite the underlying complexity…

via Managing Cynicism: Teaching Law Students about Dueling Doctors in Workers’ Compensation — Workers’ Compensation Law Prof Blog

Workers’ Compensation Opt Out and Exclusivity — Workers’ Compensation Law Prof Blog

In a recent post on the Arkansas opt out bill (that looks like it is going away) I mentioned that the drafters had not repeated the mistake of including exclusivity in the bill, as the Oklahoma drafters had in that…

via Workers’ Compensation Opt Out and Exclusivity — Workers’ Compensation Law Prof Blog

Further Remarks on the Arkansas Workers’ Compensation Opt-Out Bill (That May Be Going Away) — Workers’ Compensation Law Prof Blog

While rumor has it the Arkansas opt-out bill, Download Ark Opt Out Bill (002), does not have time to be enacted into law, it has nevertheless provided me with a wonderful opportunity to get a look into the architects’ minds….

via Further Remarks on the Arkansas Workers’ Compensation Opt-Out Bill (That May Be Going Away) — Workers’ Compensation Law Prof Blog

Arkansas Reviving Frankenstein’s Monster — the Return of Workers’ Compensation Opt-Out — Workers’ Compensation Law Prof Blog

I’ve just caught wind today that a bill, SB673, has been filed in the current Arkansas legislative session that would (as far as I can tell on first inspection) revive the workers’ compensation opt-out “experiment.” The proposed system is termed,…

via Arkansas Reviving Frankenstein’s Monster — the Return of Workers’ Compensation Opt-Out — Workers’ Compensation Law Prof Blog

Are Tennessee Undocumented Workers Covered by Workers’ Compensation? It’s Complicated. . . — Workers’ Compensation Law Prof Blog

In a remarkable case just decided by the Tennessee Supreme Court, Sandoval v. Williamson, the Court concluded that a provision in the Tennessee Workers’ Compensation Act, “which does not allow for additional [partial] benefits . . . for any employee…

via Are Tennessee Undocumented Workers Covered by Workers’ Compensation? It’s Complicated. . . — Workers’ Compensation Law Prof Blog

New Jersey’s New #MeToo Law and Possible Salutary Impacts on Workers’ Compensation — Workers’ Compensation Law Prof Blog

As the old saying goes, a person is capable of not understanding a great deal when his or her paycheck is caught up in the not understanding. So I fully appreciate why many have difficulty understanding that compulsory arbitration of…

via New Jersey’s New #MeToo Law and Possible Salutary Impacts on Workers’ Compensation — Workers’ Compensation Law Prof Blog

Walmart and Amazon are the Top Two Employers in the U.S. — Good News for Injured Workers or More of the Re-Dangerous? — Workers’ Compensation Law Prof Blog

According to a new Wall Street 24/7 study, Walmart employs 1.5 million Americans, more than any other employer in the United States. Amazon comes in second at 400,000 employees. Walmart is the largest private sector employer in my home state…

via Walmart and Amazon are the Top Two Employers in the U.S. — Good News for Injured Workers or More of the Re-Dangerous? — Workers’ Compensation Law Prof Blog