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US DOL Releases Final Regs on State Agency Drug Testing of UI Applicants

By |2016-08-03T14:26:26+00:00August 3rd, 2016|Categories: Unemployment Insurance|Tags: , , |

The final DOL regulations defining the circumstances under which UI applicants may be tested for controlled substances as a condition of being paid unemployment were released today. See https://www.gpo.gov/fdsys/pkg/FR-2016-08-01/pdf/2016-17738.pdf . The final regulations continue a very narrow interpretation of an already narrow statutory provision describing the circumstances under which a state may perform drug tests. The [...]

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Public Hearing August 16th on 15% Florida WC Rate Increase due to Florida Supreme Court case (Castellanos) Finding Limits on Attorney Fees Unconstitutional

By |2016-08-03T14:32:29+00:00July 25th, 2016|Categories: Workers' Compensation|

The debate over “reasonable” attorney fees in workers’ compensation cases continues in Florida and will likely reverberate across the country as states review their laws  in light of the recent Florida Supreme Court case in Castellanos v. Next Door Company. See http://www.floridasupremecourt.org/decisions/2016/sc13-2082.pdf In the Castellanos case the majority opinion concluded that The right of an injured [...]

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Colorado Amendment 69 Would Set Up Single Payer System

By |2016-09-26T18:18:09+00:00March 19th, 2016|Categories: Workers' Compensation, Workforce Issues|

According to some recent polling in Colorado it appears that Colorado Amendment 69, which would increase employer paid payroll taxes to establish a new state single payer system, has substantial support and it could pass as an initiative in Colorado. In addition to the increased payroll tax that it would impose, passage would raise questions about [...]

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Oklahoma Commission Declares Opt-Out Unconstitutional and Unenforceable

By |2016-03-11T03:10:09+00:00March 1st, 2016|Categories: Uncategorized|

In an extended opinion released February 26, 2016, the Oklahoma Workers’ Compensation Commission held Based upon these findings and conclusions we hold that the Oklahoma Employee lnjury Benefit Act, in establishing and defining the conditions to be a Qualified Benefit Plan at section 203, denies equal protection to injured workers in oklahoma, and that Section 203, [...]

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US DOL Seeks Comments on Reemployment Eligibility and Reemployment Services Reporting Requirements

By |2016-03-11T03:10:59+00:00March 1st, 2016|Categories: Unemployment Insurance|Tags: |

The US Department of Labor on February 29th published Information Collection Regulations for comment in the Federal Register concerning the required reporting of Reemployment Eligibility Assessments (REAs) and Reemployment Services. See https://www.gpo.gov/fdsys/pkg/FR-2016-03-01/pdf/2016-04477.pdf. The proposal would modify the requirements so as to limit the required reports to individuals provided these services. Specifically, the proposed regulations would require [...]

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Appointments to Maritime Advisory Committee for Occupational Safety and Health (MACOSH) Announced – terms limited

By |2016-03-11T03:08:26+00:00February 23rd, 2016|Categories: Uncategorized|

On January 20, 2016, Secretary Perez selected 15 members and a Special Agency Liaison to serve on the Maritime Advisory Committee for Occupational Safety and Health (MACOSH). On April 29, 2015, the Secretary of Labor previously announced the renewal of MACOSH, and the MACOSH charter was signed on April 30, 2015, with an expiration date after [...]

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President Obama’s Proposed FY 2017 Budget Would Impose $63 billion in Unemployment Tax Increases on Employers

By |2016-02-22T00:46:07+00:00February 22nd, 2016|Categories: Unemployment Insurance|

President Obama’s proposed FY 2017 budget would impose increases in state and federal unemployment taxes estimated by the US Treasury to total $63 billion over the next ten years and make the increased tax base permanent and indexed. See https://www.treasury.gov/resource-center/tax-policy/Documents/General-Explanations-FY2017.pdf for details. Building on the FY 2016 proposal, the budget includes an increase in the FUTA [...]

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National Advisory Committee On Safety and Health Meeting March 4th to Hear Comments on OSHA Draft Guidelines

By |2016-02-22T00:32:14+00:00February 22nd, 2016|Categories: Uncategorized|

On March 4, 2016 from 2:00 to 5:00 the National Advisory Committee on Safety and Health will meeting in Room N–5437A, Conference Rooms A–B, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. to consider and make recommendations on OSHA’s draft Safety and Health Program Management Guidelines. The draft guidelines may be found at [...]

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Workers’ Compensation Issues in President Obama’s FY 2017 Budget

By |2016-02-22T00:35:47+00:00February 16th, 2016|Categories: Uncategorized|

The following new and significant items related to workers compensation were included in the President’s Budget proposal for FY 2017 Social Security Administration The budget re-proposes the development of a process to collect workers’ compensation (WC) information in a timely manner from states and private insurers in order to correctly offset SSDI benefits and reduce SSI [...]

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Trade “Customs” Act Signed by President – New Occupation Reporting Burden Not Included

By |2016-03-11T03:03:04+00:00February 11th, 2016|Categories: Unemployment Insurance|

On February 24, 2016 President Obama signed into law the Trade “Customs” bill  otherwise known as the “Trade Facilitation and Trade Enforcement Act of 2015’’. The full text of the Act as signed by the President. This legislation was the last of a series of trade related bills that were enacted in 2015. The Senate passed [...]

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