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...
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...
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’...
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...
MAJOR CHANGES IN IOWA FOR HOW MULTIPLE SCHEDULED MEMBER INJURIES ARE COMPENSATED
On March 29, 2024, Iowa’s Supreme Court handed down an opinion in Anderson v. Bridgestone Americas, Inc. The seminal issue in the case had to do with how to compensate an employee who sustained both an arm and shoulder injury. Under the July 1, 2017 changes to the...
MAKENZIE FALCON HAS BEEN APPOINTED TO THE AMERICAN LEGION AUXILIARY NATIONAL COMMITTEE
Makenzie Falcon has been appointed as the 2024-2025 American Legion Auxiliary National Committee Girls Nation Chair (Northwestern Division). The American Legion Auxiliary is one of the nation’s largest veterans support organizations and consists of spouses,...
RECENT IOWA APPELLATE CASELAW IMPACTING WC STATUTE OF LIMITATIONS AND NOTICE DEFENSE
The Iowa Supreme Court recently decided Tweeten v. Tweeten, No. 22-2081 (December 22, 2023) and Tyler v. Tyson Fresh Meats, Inc., No. 23-0393 (February 7, 2024), cases with significant impact on application of the statute of limitations under Iowa Code section 85.26...
IOWA SUPREME COURT INTERPRETS IME REIMBURSEMENT FEES UNDER SECTION 85.39(2)
In Mid American Construction, LLC v. Sandlin, the Iowa Supreme Court held that under Section 85.39(2), an employee is entitled to the reasonable cost of an entire examination accompanying a physician’s determination of the employee’s impairment rating, not just the...
ADVERSE SIDE EFFECTS FROM COVID-19 VACCINE FOUND NOT COMPENSABLE IN IOWA
In a recent holding from the Commissioner in Driscoll v. City of Cedar Rapids, the Commissioner overturned a previous finding that an employee’s adverse reaction to a COVID-19 vaccine was a compensable injury. The initial Deputy decision found that the employee was...
NEW RULES FOR MEDICAL FEE SCHEDULES AND LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA
Recently, on December 28, 2023, the Nebraska Workers’ Compensation Court adopted amendments to Rules 5, 13, 14, 15, 26, 47, and Addendum 2. By January 24, 2024, all of these changes took effect. The amendments to Rules 5, 13, 14, and 15 included minor updates...