Workers’ Compensation & Employers’ Liability Article Archives

New Federal OSHA Standards Could Impact Occupational Disease Claims

July, 2000

The Federal Government’s Occupational Safety & Health Administration (“OSHA”) issued proposed regulations in November of 1999 dealing with alleged repetitive motion disorders and ergonomics. If adopted, these regulations would require many employers to establish comprehensive plans geared toward ending what OSHA refers to as work-related “musculoskeletal disorders” (“MSD”).

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Gender and Workers’ Compensation Claims

March, 2000

A recent study by the National Council on Compensation Injuries (“NCCI”) found that male workers are more likely to sustain workplace accidents, although females are more likely to file claims for occupational diseases and cumulative trauma. The study, “Gender in Workers’ Compensation Claims,” showed that male employees were more likely to file claims for traumatic…

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House Votes To Block OSHA Rules

March, 2000

In the Winter 2000 edition of our Newsletter, we reported on new ergonomic regulations proposed by OSHA concerning alleged repetitive motion disorders. If adopted, these regulations would have required employers to establish comprehensive plans to monitor, control and reduce workplace hazards associated with repetitive motion disorders through management investigation, employee interviews, additional training, and advice…

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Standard Requirement Under Many Bonus and Commission Plans No Longer Valid Under The Maryland Wage Payment Law – At Least For Now

January, 2002

In Ragsdale v. Wolverine World Wide, Inc. (March 19, 2002), the Supreme Court ended the dispute over a controversial Department of Labor (“DOL”) regulation that provided employers a grand total of “one or two business days” to designate an employee’s leave from work as qualifying under the Family and Medical Leave Act of 1993 (“FMLA”).

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Preparing a Workplace Violence Prevention Program

June, 2000 | By Donald F. Burke

Recent shootings in Georgia (9 killed in July), Alabama (3 killed in August) and Hawaii (7 killed in November) are a chilling reminder of the vulnerability of America’s workplace. These are the high profile cases which make the nightly news. The sobering truth is that in the United States, homicide is the second leading cause of death in the workplace. For women, it is the leading cause of workplace fatality. Each day in the workplace three people are killed and sixty-one are seriously injured. The attackers are often coworkers, customers, or patients.

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Workers’ Compensation, The ADA, And FMLA – Recent Developments

| By Donald F. Burke

(Labor & Employment Newsletter – 2000) Three sources of employment-related disability rights (Workers’ Compensation laws; The Americans with Disabilities Act; and The Family and Medical Leave Act) frequently intersect and sometimes collide. The key to making defensible personnel decisions is an independent analysis of each law in light of the facts of any given case.…

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Recent Developments In Wage And Hour Law

May, 2000

The U.S. Department of Labor has revised the “white-collar” exemptions to the Fair Labor Standards Act (FLSA) with the final rules published in the Federal Register on April 23, 2004. .

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