NEBRASKA COURT OF APPEALS PROVIDES FURTHER GUIDANCE ON EMPLOYEE / INDEPENDENT CONTRACTOR DETERMINATION
The Nebraska Court of Appeals recently decided a case that provides guidance as to when a worker is considered an employee or an independent contractor. In Cajiao v. Arga Transport, the plaintiff was injured in a motor vehicle accident that occurred while he was...
NEBRASKA EMPLOYER VACCINE MANDATE EXEMPTION LAW
On February 28, 2022, Governor Pete Ricketts signed LB906 into law, with an effective date of today, March 1, 2022. The new law obligates employers who require applicants or employees to be vaccinated against COVID-19 to allow for an exemption to the vaccination...
BAYLOR EVNEN ATTORNEYS PRESENT AT NWCEF EDUCATIONAL SEMINAR
Baylor Evnen Attorneys Dallas Jones, Paul Barta, Tom Shires and Eric Sutton, along with Nurse Paralegal Jodi Zmiewski will be presenting at the NWCEF Educational Seminar being held on Friday, February 18. The seminar covers multiple Nebraska workers’ compensation...
PARTNER TORREY GERDES WAS ISSUE EDITOR FOR THE EMPLOYMENT LAW EDITION OF THE NEBRASKA LAWYER
Baylor Evnen Partner Torrey Gerdes served as issue editor of the Nebraska State Bar Association’s (NSBA) annual employment law edition of The Nebraska Lawyer published in December 2021. This follows Torrey’s continued service as a member of the Executive Committee of...
COVID-19 UPDATE: COURT STAYS OSHA ETS AND LIFTS CMS VACCINE MANDATE INJUNCTIONS
On January 13, 2022, the U.S. Supreme Court issued a stay of OSHA’s ETS obligating employers with 100 or more employees to require vaccination of their employees or alternatively require testing and masking of unvaccinated workers. As such, employers are not obligated...
COVID-19 UPDATE: IT’S TIME TO COMPLY WITH THE OSHA ETS VACCINE OR TEST MANDATE
Update 1.14.22 | The Supreme Court issued a stay of OSHA's ETS on January 13, 2022. Read more here. Without a stay from the Supreme Court, employers with 100 or more employees must comply with the majority of the OSHA ETS beginning yesterday, January 10, 2022. Click...
NEBRASKA WORKERS’ COMPENSATION MILEAGE REIMBURSEMENT RATE RISES IN 2022
Effective January 1, 2022, the Nebraska Workers’ Compensation Mileage Reimbursement Rate will rise to 58.5 cents per mile for travel to seek medical treatment or while participating in an approved vocational rehabilitation plan. This rate has jumped from 2021 when the...
ATTORNEY SUSAN FOSTER PUBLISHED IN THE NEBRASKA LAWYER FOR FEATURE ARTICLE, “THE POWER OF WORKPLACE CULTURE: LESSONS FROM A PANDEMIC”
Baylor Evnen Attorney Susan Foster wrote a feature article for The Nebraska Lawyer November/December 2021 issue entitled “The Power of Workplace Culture: Lessons From a Pandemic”. It is often through crises that we learn critical lessons about the importance of being...
IOWA WORKERS’ COMPENSATION DEPUTIES SPLIT ON BILATERAL INDEMNITY OWED FOR PERMANENT IMPAIRMENT TO SHOULDER INJURIES
Recently, a Deputy Commissioner caused quite the stir by breaking with the prior consensus among the Commission about how to compensate an employee who sustains bilateral shoulder injuries from a single accident. In Carmer v. Nordstrom, Inc., the claimant injured both...
COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL APRIL 29, 2022
On November 29, 2021, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from January 31, 2022 to April 29, 2022. This is the same order that has been in effect in Iowa since March 16, 2020. As part of...