CLASSES OF EMPLOYEES EXCLUDED FROM IOWA WORKERS’ COMPENSATION BENEFITS
Generally, most workers employed in the State of Iowa, and consequently their employers, are subject to the Iowa Workers’ Compensation Act. However, there are some employees which are statutorily defined as not being employees. For a strong rural state like Iowa, one...
WHAT TO DO WITH THE EMPLOYEE WHO REFUSES TO COMPLY WITH MEDICAL RECOMMENDATIONS?
Often times, our office will get calls from claims handlers inquiring what their options are when they have an employee/Plaintiff with an accepted work injury who refuses to undergo the care being recommended by the authorized physicians. Nebraska Revised Statutes...
DOL ISSUES PROPOSED OVERTIME RULE; CONGRESS ATTEMPTS TO OVERRIDE IT
The Fair Labor Standards Act requires most employees be paid at least the federal minimum wage for all hours worked and overtime pay for hours worked over 40 hours in a workweek. However, the FLSA provides some exceptions from minimum wage and overtime pay for persons...
SCOTUS RULES ON TITLE VII ADMINISTRATIVE EXHAUSTION REQUIREMENT
Earlier this week, the U.S. Supreme Court unanimously resolved the split among lower courts regarding whether Title VII’s administrative exhaustion requirement is a jurisdictional bar to filing a lawsuit in court. Under Title VII’s administrative exhaustion...
EEO-1 PAY DATA UPDATE
In light of the recent court decision overturning the Trump Administration’s stay of EEO-1 pay-data collection provisions, the EEOC has confirmed that it will also collect EEO-1 Component 2 pay data for calendar years 2017 and 2018, by September 30, 2019. Employers...
SF 507 PASSED BY IOWA HOUSE
On April 9, 2019 the Iowa House passed bill SF 507; the bill was previously passed by the Iowa Senate. The bill modifies Iowa Code 85.61(7) to add a new section (c) which provides that personal injuries due to idiopathic or unexplained falls from level surface onto...
2018 EEO-1 EQUAL PAY DATA UPDATE
Last month, a federal district court in the case of National Women’s Law Center et al. v. Office of Management and Budget et al., ruled that the EEOC’s pay data collection provisions requiring covered employers to report pay data by race, ethnicity and gender) were to...
NEBRASKA GENERAL CONTRACTORS SHOULD TAKE ALL NECESSARY STEPS TO ENSURE THAT SUBCONTRACTORS HAVE VALID WC POLICIES BEFORE PROCEEDING TO WORK WITH THE SAME
The Nebraska Supreme Court recently reminded general contractors of the obligation it has over subcontractor employees. Appealing an award of the Nebraska Workers’ Compensation Court, the defendant in Martinez v. CMR Construction & Roofing of Texas, 302 Neb. 618...
HELP SUPPORT LOCAL NEBRASKANS
The attorneys and staff of Baylor Evnen are deeply concerned for everyone impacted by the flooding. We ask others to join us in donating to one or more of the many organizations helping our fellow Nebraskans during this difficult time.
BAYLOR EVNEN ATTORNEY PAUL BARTA TESTIFIES BEFORE NEBRASKA LEGISLATURE REGARDING PENDING WORKERS’ COMPENSATION BILLS
Recently, Baylor Evnen attorney Paul Barta testified on LB 526 before the Business and Labor Committee at the Nebraska Unicameral. LB 526 is a bill introduced largely by the Plaintiff’s bar with the intention of increasing the amount of temporary total disability...