BRYNNE HOLSTEN PUHL APPOINTED TO NEBRASKA WORKERS’ COMPENSATION COURT

On April 25, 2024, Governor Jim Pillen announced the appointment of Brynne Holsten Puhl of Lincoln to Nebraska’s Workers’ Compensation Court. The vacancy on the Court was due to the retirement of Judge James R. Coe. The Nebraska Workers’ Compensation Court is composed of six judges who are initially appointed by the governor and who […]

NON-COMPETES BANNED BY NEW FTC FINAL RULE

The Federal Trade Commission has released its much-anticipated Final Rule that bans most non-compete agreements across the United States. The Final Rule generally applies to non-compete provisions or agreements that prohibit a worker—whether an employee or independent contractor—from accepting work with a different company. Employers are now prevented from entering into or attempting to enforce […]

SALARY THRESHOLD INCREASED FOR OVERTIME EXEMPTIONS

The Department of Labor released its Final Rule that raises the salary threshold for employees to be exempt from overtime requirements as an Executive, Administrative, or Professional under the Fair Labor Standards Act. Under these “white collar” exemptions, overtime requirements do not apply if the employee (1) performs certain exempt duties; and (2) is paid […]

BEWT LEADS SUCCESSFUL LEGISLATIVE EFFORT TO PROTECT EMPLOYERS FROM UNINTENDED CLAIMS

Yesterday the Nebraska Unicameral gave final approval of a legislative bill which will protect employers and insurers from claims for significant benefits that were never intended to exist. Drafted by Dallas Jones and Eric Sutton for Nebraskans for Workers’ Compensation Equity and Fairness (NWCEF), LB1017 legislatively reverses the holding of the 2023 Nebraska Supreme Court […]

SUPREME COURT RULES ON SOVEREIGN IMMUNITY UNDER PSTCA

In Simpson v. Lincoln Public Schools, a former LPS employee sued the District for wrongful discharge alleging that she was terminated because she filed a Workers’ Compensation claim. On appeal, the Nebraska Supreme Court offered a detailed analysis that, among other things, found that sovereign immunity under The Political Subdivision Tort Claims Act (PSTCA) shields […]
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