Tag: common law

Sep 28, 2020

Oklahoma High Court Strikes Down Exclusive Remedy Rule for Non-Dependent Parents

The Supreme Court of Oklahoma, reversing a trial court's decision that had, pursuant to 12 O.S. 2011 §§1053A, granted summary judgment, in relevant part, to an employer sued in a...

Oklahoma High Court Strikes Down Exclusive Remedy Rule for Non-Dependent Parents Oklahoma High Court Strikes Down Exclusive Remedy Rule for Non-Dependent Parents
Feb 18, 2020

Around the Horn: Admissibility of Hearsay in Workers’ Compensation Cases

It is axiomatic that the procedural law of workers’ compensation takes its lead and tone from the beneficent nature of the legislation. Except in those few jurisdictions utilizing court administration...

Around the Horn: Admissibility of Hearsay in Workers’ Compensation Cases Around the Horn: Admissibility of Hearsay in Workers’ Compensation Cases
Apr 22, 2019

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

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...

Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker” Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker”
Nov 21, 2018

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

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...

Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort
May 2, 2018

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

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...

California High Court Narrows Rule For Classification of Workers as Independent Contractors California High Court Narrows Rule For Classification of Workers as Independent Contractors
Oct 20, 2015

Illinois Retaliatory Discharge Claim May Not Be Removed to Federal Court

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...

Illinois Retaliatory Discharge Claim May Not Be Removed to Federal Court Illinois Retaliatory Discharge Claim May Not Be Removed to Federal Court