More on California ABC and the FAAAA/Trucker Preemption Issue — Workers’ Compensation Law Prof Blog

The general challenge to California’s AB 5 is now on its way to trial absent a successful pre-trial motion by California state authorities. But readers may recall that a California federal district court recently upheld a challenge of the law…

via More on California ABC and the FAAAA/Trucker Preemption Issue — Workers’ Compensation Law Prof Blog

Wyoming’s Continued Struggles with Air Ambulances and Federal Preemption — Workers’ Compensation Law Prof Blog

There is a very close relationship between two federal preemption provisions that are having an impact on state employment law and state workers’ compensation systems. One such provision, in the Airline Deregulation Act (49 U.S.C. § 41713), prevents state workers’ compensation…

via Wyoming’s Continued Struggles with Air Ambulances and Federal Preemption — Workers’ Compensation Law Prof Blog

Federal Judge Denies Injunctive Relief in Case Challenging California’s AB 5 — Workers’ Compensation Law Prof Blog

In a 24-page decision that went much as I expected, a Federal district judge in the Central District of California concluded that California Assembly Bill 5 2019 (AB 5) was rationally-related to a legitimate state interest, did not deprive gig…

via Federal Judge Denies Injunctive Relief in Case Challenging California’s AB 5 — Workers’ Compensation Law Prof Blog

ABC Employee Test for App-Based Companies in PA?: More Reaction to Regulatory Arbitrage — Workers’ Compensation Law Prof Blog

A recently-offered Pennsylvania bill doubling-down on the ABC employee-status test for app-based companies like Uber and Lyft has created in me the strong impression that one school of national opinion seems to be coalescing around a presumption that the Gig…

via ABC Employee Test for App-Based Companies in PA?: More Reaction to Regulatory Arbitrage — Workers’ Compensation Law Prof Blog

ABC Employee Test for Workers’ Compensation in NY?: The Lottery Class Resists — Workers’ Compensation Law Prof Blog

I think about the question of employee status, under workers’ compensation statutes and elsewhere, as in part a contest between the actual working class (and its advocates), and a class of purported “exceptionals” who hyper-focus and insist upon preserving their…

via ABC Employee Test for Workers’ Compensation in NY?: The Lottery Class Resists — Workers’ Compensation Law Prof Blog

William Meredith and the Foundations of Canadian Workers’ Compensation — Workers’ Compensation Law Prof Blog

I have begun work on a project in which I seek to compare the monopolistic workers’ compensation systems in the United States and Canada. The Workers’ Compensation system in Canada has separate legislation and policies for each province or territory,…

via William Meredith and the Foundations of Canadian Workers’ Compensation — Workers’ Compensation Law Prof Blog

Skeptical Ruminations on Walmart “Mass Workers’ Compensation Settlements” — Workers’ Compensation Law Prof Blog

I am not implacably opposed to all that is new. Indeed, I think we need a new, New Deal, and I am not so confident to claim that I know exactly what that should look like. But I’m also a…

via Skeptical Ruminations on Walmart “Mass Workers’ Compensation Settlements” — Workers’ Compensation Law Prof Blog

ERISA Preemption Progeny Strike Again: Lower Federal Court Strikes AB-5 As Applied to Truck Drivers — Workers’ Compensation Law Prof Blog

The California Trucking Association has temporarily carved out an exception to applying the ABC test to truck drivers in California, who will continue to be stripped of important rights regardless the economic realities of their “contractor” arrangement. The route to…

via ERISA Preemption Progeny Strike Again: Lower Federal Court Strikes AB-5 As Applied to Truck Drivers — Workers’ Compensation Law Prof Blog

All the World’s a Platform?: Some Remarks on “Marketplace Platform” Employment Laws — an Anti ABC/Dynamex/AB 5 Ethic — Workers’ Compensation Law Prof Blog

I’ve written a short paper in advance of the 2020 Workers’ Compensation Midwinter Conference panel in which I’ll be participating on March 28 in New Orleans. The panel is titled, “WORKERS’ COMPENSATION AND THE “GIG” ECONOMY: CHALLENGES FLOWING FROM TEMPORARY…

via All the World’s a Platform?: Some Remarks on “Marketplace Platform” Employment Laws — an Anti ABC/Dynamex/AB 5 Ethic — Workers’ Compensation Law Prof Blog

Mandatory Arbitration of Workers’ Compensation Retaliation Claims: An Evolving Trend? — Workers’ Compensation Law Prof Blog

I have always thought that the Federal Arbitration Act would make its first systemic appearance in workers’ compensation cases in highly proceduralized (and non-medical) contexts. Cases turning exclusively on notice or statute of limitations issues seem likely candidates. And from…

via Mandatory Arbitration of Workers’ Compensation Retaliation Claims: An Evolving Trend? — Workers’ Compensation Law Prof Blog