A whole subspecialty of law practice is emerging, focusing on website accessibility. That’s bad news for businesses that haven’t ensured their websites are accessible to people with disabilities. Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in the activities of places of public accommodations, or businesses that...
Read more
OSHA Publishes Updated Slip, Trips and Falls Rule
In mid-November, OSHA published its long-awaited final rule on slips, trips and falls. The rule becomes effective on Jan. 17, 2017, and will affect approximately 112 million workers at seven million worksites. In 2014, falls, slips and trips accounted for 17 percent of all fatal work injuries, second only to transportation accidents. OSHA estimates that,...
Read more
Physician Choice: Whose Right Is it?
When an employee suffers a work-related injury, workers’ compensation law obligates the employer to pay for medical treatment. Who gets to choose the treating physician—and why does it matter? In some states, the employer gets to choose the physician and all medical providers. This is called a full control program. In this type of system,...
Read more
What Safety Regulations Apply to Your Business?
When it comes to workplace safety, ignorance is no defense. OSHA safety and health regulations often apply to all businesses, regardless of size. If you’re not sure of which regulations apply to your business, OSHA provides some resources. It has created a Web-based step-by-step guide to help small employers identify some of the regulations that...
Read more
Employee or Independent Contractor…and Why You Need to Know
Earlier this year, a court ruled that Federal Express drivers should have been classified as employees, when the company had classified them as independent contractors. And the U.S. Department of Labor announced that a five-year investigation in Utah and Arizona yielded $700,000 in back wages, damages, penalties and other guarantees for more than 1,000 construction...
Read more
The Affordable Care Act and Workers’ Comp
In a recent scholarly article, David A. North outlines how the Affordable Care Act has changed workers’ compensation, and what we might expect in the future. In a recent scholarly article, David A. North outlines how the Affordable Care Act has changed workers’ compensation, and what we might expect in the future. The Affordable Care...
Read more
Horseplay: Who Pays When Someone Gets Hurt?
When horseplay occurs in a work environment, does workers’ compensation apply? Generally, an injury must 1) occur in the course of employment and 2) arise out of the worker’s employment to be compensable. Merriam-Webster defines horseplay as “rough or loud play: energetic and noisy playful activity.”’ Most job descriptions don’t include play…so should employees receive...
Read more
Intern-al Affair
With the jobless rate for people ages 20 to 24 still higher than10 percent, many college students might be willing to trade their time for an unpaid learning experience. But there is a legal difference between an employee and an intern. Knowing the difference can help you avoid breaking the law. Does workers’ compensation apply...
Read more