USDOL Office of Workers’ Compensation Programs Posts Notice of Proposed Rules for Longshore Civil Monetary Penalties
On September 12, 2023, the US DOL Office of Workers’ Compensation Programs (OWCP) posted new rules in the Federal Register with respect to Civil Monetary Penalties for failure to report. Background of This Rulemaking On April 28, 2020, OWCP hosted a public outreach webinar to solicit stakeholders' views on how OWCP could improve its processes. See E.O. 13563, sec. 2(c) (January [...]
Strikes Raise UI Legal Questions
In recent weeks there have been news reports about labor disputes in the entertainment industry and the auto industry. Union representatives have advocated for the payment of unemployment compensation to individuals who are striking despite the accepted norm that individuals who become unemployed due to a labor dispute and are not available for work are not eligible for unemployment compensation. [...]
New Jersey Act Sets New Reporting Requirements and Penalties for Employers (NJ S2357)
On November 3, 2022, the New Jersey legislature enacted S 2357 concerning the timely payment of unemployment compensation and amending unemployment law with respect to employer reporting, notices, determination of overpayments and recovery of overpaid benefit amounts. The amendments enacted in this legislation become effective July 31, 2023. The New Jersey Department of Labor and Workforce Development recently posted a [...]
US DOL Cancels Much of the Funding for UI Modernization due to the Fiscal Responsibility Act
On July 13, 2023, USDOL announced that much of the UI Modernization funding to states was being cancelled. See Cancellation of American Rescue Plan Act (ARPA) Related Guidance, including Unemployment Insurance Program Letter (UIPL) No. 22-21, Change 2; UIPL No. 23-21, Change 5; UIPL No. 02-22, Change 3; and UIPL No. 07-23 (dol.gov) The UIPL cancels the series of previous program [...]
USDOL Releases New Grant Opportunities for Remaining American Rescue Plan Act Funds for UI
On July 13, 2023, immediately after announcing the cancellation of much of the ARPA funding for UI Modernization, US DOL announced plans for remaining ARPA funds that were reduced due to the Fiscal Responsibility Act of 2023 (FRA). See Announcement of Grant Opportunities and National Identity (ID) Verification Offering under the American Rescue Plan Act (ARPA) (dol.gov) The announcement provides details [...]
CMS Issues New Guidance on Life Expectancy for Workers’ Comp Medicare Set Asides
On April 24, 2023 The Centers for Medicare and Medicaid Services (CMS) posted guidance for use in determining amounts to be set aside in workers’ compensation settlements based on life expectancy. Beginning April 29, 2023, CMS will utilize the CDC’s “Table 1: Life Table for the total population: United States, 2020” for the Workers’ Compensation Medicare Set Aside life expectancy [...]