01/27/21
Jon L. Gelman
On Monday, President Biden signed the Executive order, Made in America.” The effort to move manufacturing jobs back to the United States will have a major impact going forward for the entire workers compensation. This initiative will expand the workforce and expand the potential of a major increase in workers compensation benefits through increased wages/rates and premiums paid for coverage and all related cottage industries involved in the social insurance program.
“While many American businesses are on the brink of having to close their doors because of the crises that our country faces, President Biden, signed the Executive Order to support manufacturers, businesses, and workers to ensure that our future is made in all of America by all of America s workers.”
01/25/21
Jon L. Gelman
Within hours of his inauguration, President Biden moved swiftly to direct the Occupational Safety and Health Administration (OSHA) to promulgate an emergency standard to protect workers from COVID-19. The President signed an Executive Order on Protecting Worker Health and Safety on January 21, 2021.
Policy
“Ensuring the health and safety of workers is a national priority and a moral imperative. Healthcare workers and other essential workers, many of whom are people of color and immigrants, have put their lives on the line during the coronavirus disease 2019 (COVID-19) pandemic. It is the policy of my Administration to protect the health and safety of workers from COVID-19.
01/15/21
Jon L. Gelman
Plaintiff Elmer Branch brought a putative class action against his employer, defendant Cream-O-Land Dairy, on behalf of himself and similarly situated truck drivers employed by defendant, for payment of overtime wages pursuant to the New Jersey Wage and Hour Law (WHL). In this appeal, the Court considers whether defendant could assert a defense to the action under N.J.S.A. 34:11-56a25.2 based on its good-faith reliance on certain determinations by employees of the Department of Labor and Workforce Development (Department) that defendant is a “trucking industry employer.”
Subject to exceptions enumerated in the statute, the WHL provides that an employer shall “pay each employee not less than 1 1⁄2 times such employee s regular hourly rate for each hour of” overtime. N.J.S.A. 34:11-56a4(b)(1). The WHL, however, creates an exemption from that overtime compensation requirement for employees of a “trucking industry employer.” N.J.S.A. 34:11-56a4(f).
12/22/20
Jon L. Gelman
On Sunday the Advisory Committee on Immunization Practices [ACIP] recommended the following phased allocation of COVID-19 \vaccination for both essential workers and seniors. Vaccination of essential workers will favorably impact workers compensation losses, especially in those jurisdictions where rebuttable presumptions have been enacted that liberalize the burden of proof required to claim workers compensation benefits.
ACIP Vote – Interim Recommendation
As an update to ACIP recommendations for vaccination in Phase 1a (health care personnel and long-term care facility residents), if COVID-19 vaccine supply is limited, the following groups should be offered vaccination:
Phase 1b: persons aged ≥75 years and frontline essential workers