Archive for March, 2014
Major NLRB Decision Finds Scholarship College Football Players Are Employees
Readers should be aware of a potential landmark decision from the National Labor Relations Board on Wednesday, March 26, 2014, in which the NLRB found that the Division I football players receiving scholarships at Northwestern University are employees of the university under the National Labor Relations Act. It is anticipated that the decision will be […]
New Jersey Court Rejects Common Law Marriage as Basis for Dependency Benefits in Workers’ Comp Claim
Bobbie Kehoe and Scott Sunkimat began cohabiting in their home in Point Pleasant, New Jersey in 1999. They made a life-long commitment to each other to spend their lives together but declined to marry. They shared utility bills and bank accounts and both of their names were on the deed to their home. Bobbie Kehoe […]
High Blood Pressure and Temporary Vision Problems Are ADA Disabilities
The ADA Amendments Act has substantially broadened coverage under the law. An example comes in Gogos v. AMS Mechanical Systems, Inc., 737 F.3d 1170 (7th Cir. 2013). Mr. Gogos worked as a pipe welder and had been taking medication to reduce his elevated blood pressure for the past eight years. He commenced employment with the […]
Slip And Fall At Work Accelerated Need for Surgery In Claimant With Severe Arthritic Hip Condition
Among the hardest cases for employers to contend with are those where the claimant already has an advanced degenerative or arthritic condition and then has an injury. That was the situation when Veronica Graham, a 55-year-old Certified Nursing Assistant, fell on a wet floor at work on June 25, 2011. She landed on her left […]
Casual Employment and Independent Contractor Defenses Often Overlap
Many clients ask what the difference is between the defense of independent contractor and casual employment. The truth is that the defenses are very similar, and one important case, Berkeyheiser v. Mollie S. Woolf, 71 N.J. Super. 171, (App.Div. 1961), illustrates this point. The case involved a man who worked full time for St. Regis […]
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