Tag Archives: common law

Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker”

Posted on April 22, 2019 by Thomas A. Robinson

A commercial truck driver, who sustained injuries during an unpaid pre-employment drive test that consisted of an actual delivery for the prospective employer, was not a “worker,” as that term is defined by the Oregon Workers’ Compensation Act [Or. Rev. … Continue reading →

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Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort

Posted on November 21, 2018 by Thomas A. Robinson

A provision of the Massachusetts Workers’ Compensation Act (Act), Mass. Gen. Laws ch. 152, § 75B(2), and not the common law, affords an employee who was injured on the job and incurred a loss of earning capacity from the injury … Continue reading →

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California High Court Narrows Rule For Classification of Workers as Independent Contractors

Posted on May 2, 2018 by Thomas A. Robinson

CA Employers: Stock Up on Your W-2s; Recycle Your 1099s In a decision that continues California’s trend toward allowing the designation of a worker as an independent contractor only under rare circumstances, the state’s Supreme Court on Monday held that … Continue reading →

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Illinois Retaliatory Discharge Claim May Not Be Removed to Federal Court

Posted on October 20, 2015 by Thomas A. Robinson

A retaliatory discharge action filed under 820 Ill. Comp. Stat. Ann. § 305/4(h)—part of the Illinois Workers’ Compensation Act—may not be removed from an Illinois trial court to a federal district court on the basis of diversity of citizenship, held … Continue reading →

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