- Tony Jalali case: “Anaheim, feds try to seize office building under forfeiture laws because owner rented to medical marijuana dispensaries” [@radleybalko, Institute for Justice]
- Judge Ciavarella, of cash-for-kids Pa. scandal, sentenced to 28 years [Citizens Voice, background]
- Explosion in US prison population isn’t just from War on Drugs [Pfaff via Greenfield] Reform of (and reduction in) incarceration too important to be left to liberals [Eli Lehrer, Weekly Standard]
- “Report details lives ruined for children put on sex-offender registries” [Susan Ferriss, Center for Public Integrity via Lenore Skenazy]
- Criminal justice reform, per the NAACP’s Ben Jealous, is “one area where GOP can connect with black voters” [Jeremy Kolassa]
- “It’s actually a really good book, making me despise Geragos all the more.” [Scott Greenfield reviews Mistrial] And an oldie but goodie: Greenfield reviews “The Complete Idiot’s Guide to the Criminal Justice System”;
- Alleged “duty injury king” of Cook County jail dethroned after one comp claim too many [Chicago Sun-Times]
- Tip from Georgia cops: avoid situations where you might have to cling to hood of moving car [Lowering the Bar]
- ABA’s evidently already made up its mind to oppose Stand Your Ground (SYG) laws, but is holding public “hearings” on the topic anyway [ABA Journal]
- Don’t forget to check out Cato’s National Police Misconduct Reporting Project, which you can also follow on Twitter and like on Facebook
Posts Tagged ‘workers’ compensation’
Labor and employment roundup
- For most private-sector employers it’s illegal to let workers take comp time off in lieu of overtime; H.R. 1406, the Working Families Flexibility Act of 2013, would fix that [Hyman]
- Christine Quinn take note: laws requiring paid sick leave do not constitute social progress [Richard Epstein]
- Occupational hazards of bagpipe playing (other than being chased out of your neighborhood) [Donald McNeil Jr., New York Times]
- “Phoenix ‘Not Looking for Strong Swimmers’ for Lifeguard Jobs” [David Bernstein; earlier on discrimination against deaf lifeguards]
- Decline of full-time work in retail sector in response to ObamaCare: year’s biggest employment story? [Warren Meyer, FoxNews (largest movie theater chain cuts hours for thousands of employees)]
- City of Philadelphia not doing well on workers’ comp program, to say the least [Workers’ Compensation Institute]
- “New labor rule will violate attorney-client privilege” [Diana Furchtgott-Roth, D.C. Examiner]
- “Calling a Co-Worker ‘Stupid’ Not Enough to Prove ‘Disability’, Court Says” [Daniel Schwartz]
“5 Bizarre Workers’ Comp Claims That Were Actually Successful”
Worker’s comp is intended to provide relatively liberal coverage in some ways — that goes with the territory of a “no-fault” compensation scheme — but a few of these outcomes might still raise an eyebrow, particularly when it comes to generous definitions of what’s “work-related.” [Cracked] More: Coyote (“Our problem tends to be that we get a whole heck of a lot of “injuries” in the 3-4 hours between when we fire someone and when they leave the property.”)
Labor and employment roundup
- Judge rules in first California “suitable seating at work” trial [The Recorder; earlier here, here]
- On business travel: “Injury During Sex is Work-Related and Compensable, Aussie Court Holds” [Workplace Prof]
- On the other hand: “Running in High Heels Was Probably Enough to Defeat This Workers’ Comp Claim” [Lowering the Bar]
- Illinois federal court rules that unpaid volunteers may be covered by Title VII discrimination law [Eric Sigda, GTLE Blog]
- Seattle to pay drama teacher $750K for not accommodating wishes re: renovation of building [Seattle Times, meanwhile]
- Recalling AP v. NLRB, 1937, in which SCOTUS rejected First Amendment defense to Wagner Act, over Sutherland dissent [Gerard Magliocca, ConcurOp]
- House Oversight Committee blasts NLRB for pro-union bias [press release and staff report PDF, Goldberg Segalla]
Public employment roundup
- Report: California state psychiatrist paid $822,000, highway cop $484K in pay/benefits [Bloomberg News via Dan Mitchell]
- “Florida Prison Guard Charged with $2.7 Million Workers’ Comp Fraud” [Insurance Journal]
- Agitprop video from California Federation of Teachers is educational, if only in unintended ways [Katherine Mangu-Ward]
- “California government employee unions spent nearly $100 million in the lead up to the November election” [Jon Coupal, Fox and Hounds] How San Bernardino went broke: a cautionary tale [Reuters]
- “Taxpayers funding 35 six-figure union chiefs at Transportation Department” [Examiner]
- Congress again strengthens legal hand of federal employees claiming whistleblower status [Paul Secunda] Mistrial in case of whistleblower group’s payment to government worker [WaPo]
- “Binding Arbitration’s Threat To State And Local Governments” [Ivan Osorio, CEI]
Feet hurt from “repetitive walking?” Claim compensation
Illinois: “If you are a state employee and your feet hurt, you could be in line to receive medical care, including surgery, paid time off plus a tax-free disability settlement that might exceed your annual salary — all paid for by taxpayers. You also would keep your job.” Arbitration awards for trauma inflicted by “repetitive walking” and other seemingly common workplace stresses have caused enough concern that state attorney general Lisa Madigan has called for tightening up causation standards. [Belleville News-Democrat]
Labor and employment law roundup
- Arbitrator: felonious Montgomery County, Maryland cops should keep disability pay [Examiner] “Cop who took naked photos of rape victim can keep pension” [NY Post] Cop who pepper-sprayed UC Davis protesters is still on job, and maybe that’s how they’d have it [Radley Balko]
- “Billions in retroactive liability” in pharma detailer wage/hour action before SCOTUS [Marcia Coyle, NLJ] And USA Today chose a faulty “worker discontent” theme on wage/hour case, since as class actions these suits are lawyer-driven;
- Australia: “Worker injured during sex gets compensation payout” [News.com.au]
- “Courts are finally starting to apply ADAAA—and it ain’t pretty” [Jon Hyman] ADA: “Judge Rules In Favor of Fired Employee With Bipolar Disorder” [ABC]
- NLRB goes after Hyatt on employee handbook language [Gary Shapiro, Examiner] Union claims Indiana right-to-work law violates Thirteenth Amendment ban on slavery [James Sherk, NRO]
- EEOC: sex discrimination law bars bias against transgender employees [AP, Hyman] “EEOC Obtains Substantial Settlement in Obesity Discrimination Suit” [Disabilities Law]
- Law journal prediction: adherents of racism will claim Title VII protection [Lawrence D. Rosenthal, Temple L. Rev. via Workplace Prof]
Labor law roundup
- Union withdraws, and NLRB drops, complaint against Boeing over plant location decision [Adler, earlier] “Sen. Johnny Isakson (R-GA) Introduces Bill to Reverse NLRB’s ‘Micro-Union’ Decision” [LRT via @jonhyman] Video of “Organized Labor & Obama administration” panel [Federalist Society convention]
- Suing Atlantic City is an established sport for current, former employees [Press of AC] After lawsuit win, former Gotham sanitation worker litters neighborhood with cars [NY Post via Christopher Fountain] Why have House, Senate reversed usual ideological lines on federal employee workers’-comp reform? [WaPo]
- Murder of reformist professors reinforces difficulty of changing Italian labor law [Tyler Cowen] UK considers relaxing “unfair dismissal” controls on employers [BBC, earlier]
- Taylor Law and NYC transit strike: “ILO Urges that U.S. Stop Violating International Obligations It Hasn’t Agreed To” [Ku, OJ; Mitch Rubinstein, Adjunct Law Prof]
- Maryland’s misnamed 2009 “Workplace Fraud Act” bedevils carpet installers and other firms that employ contract workers, and perhaps that was its point [Ed Waters Jr./Frederick News-Post, Weyrich Cronin & Sorra, Floor Daily]
- “Government pay is higher” [Stoll] Notwithstanding “Occupy” themes, interests of unions and underemployed young folks might not actually be aligned very well [Althouse]
- More on outcry over proposed federal restrictions on kids’ farm chores [WSJ, NPR, Gannett Wisconsin, CEI, earlier]
Illinois’ fragile prison guards
The Associated Press and Belleville News-Democrat investigate some curious clusters of workers’-comp claims among downstate correctional officers and other public employees.
August 11 roundup
- Seattle’s best? Class action lawyer suing Apple, e-publishers has represented Microsoft [Seattle Times, earlier]
- “Disabled” NYC firefighter/martial arts enthusiast can go on getting checks for life [NYPost; compare]
- After the FDA enforcement action on drug manufacturing lapses come the tagalong liability claims by uninjured plaintiffs [Beck]
- “What If Lower Court Judges Weren’t Bound by Supreme Court Precedent?” [Orin Kerr]
- Fark.com settles a patent suit for $0 (rough language);
- Canadian law society to pay $100K for asking prospective lawyers about mental illness [ABA Journal]
- Self-help eviction? “Chinese Developers Accused Of Putting Scorpions In Apartments To Force Out Residents” [Business Insider]