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Uncertain Costs, Unclear Benefits: China’S Social Insurance System And Foreign Workers, Eric Chu 2016 Boston College Law School

Uncertain Costs, Unclear Benefits: China’S Social Insurance System And Foreign Workers, Eric Chu

Boston College International and Comparative Law Review

China’s fairly recent implementation of a social security insurance scheme that includes foreign workers has generated unintended uncertainties and inconsistencies both for foreign companies in China and for Chinese companies working outside China, without generating clear benefits for foreign workers. This Note provides an overview of the new scheme, which requires, for the first time, all foreign workers and their employers to pay into the social security insurance system. Weaknesses in this new scheme include inconsistent implementation, scattered timelines, and incomplete information on coverage. In the face of these and other shortcomings, China should focus on the benefits of ...


Revisiting Labor Mobility In Innovation Markets, Jonathan M. Barnett, Ted M. Sichelman 2016 University of Southern California

Revisiting Labor Mobility In Innovation Markets, Jonathan M. Barnett, Ted M. Sichelman

University of Southern California Legal Studies Working Paper Series

It is now widely asserted that legal regimes that enforce contractual and other limitations on labor mobility deter technological innovation. First, recent empirical studies purport to show relationships between bans on enforcing noncompete agreements, increased employee movement, and increased innovation. We find that these studies misconstrue legal differences across states and otherwise are flawed, incomplete, or limited in applicability. Second, scholars have largely adopted the view that California’s policy against noncompetes promoted Silicon Valley as the world’s leading technology center. By contrast, Massachusetts’ enforcement of noncompetes purportedly stunted innovation in the Route 128 region near Boston. We show ...


Recent Developments In Workers' Compensation, Ruth C. Vance 2016 Valparaiso University

Recent Developments In Workers' Compensation, Ruth C. Vance

Ruth C. Vance

No abstract provided.


Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman 2016 Nevada Law Journal

Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order. The Court clarified that medical treatment is not the only expense on which a workers’ compensation claimant is permitted to exhaust his or her settlement funds. Reversed and remanded with instructions.


Just Jobs, Anita Bernstein 2016 Brooklyn Law School

Just Jobs, Anita Bernstein

Faculty Scholarship

No abstract provided.


Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer 2016 Touro Law School

Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer

Touro Law Review

No abstract provided.


Are Private Automobile Insurance Companies Replacing Workers’ Compensation Coverage When The Employee/Insured Is Injured In The Course And Scope Of Employment By A Third-Party Tortfeasor?: Rubin V. State Farm Mutual Automobile Insurance Company, Micah Echols 2016 Judicial Clerk for the Honorable Sally Loehrer, District Judge, Eighth Judicial District

Are Private Automobile Insurance Companies Replacing Workers’ Compensation Coverage When The Employee/Insured Is Injured In The Course And Scope Of Employment By A Third-Party Tortfeasor?: Rubin V. State Farm Mutual Automobile Insurance Company, Micah Echols

University of New Hampshire Law Review

[Excerpt] "Multiple sources for recovery are available for an employee who is physically injured by a third-party tortfeasor in the course and scope of employment. This is especially true when the physical injury triggers coverage under a health insurance policy or other type of insurance policy for medical benefits.2 First, assuming that the employer participates in workers’ compensation insurance, the employee is entitled to receive workers’ compensation benefits for medical expenses. Second, the employee can also recover payments for medical benefits from the third-party tortfeasor in a common-law negligence lawsuit. Third, the employee, who in this context would be ...


Three Out Of Four Economists Recommend Raising The Minimum Wage! A Closer Look At The Debate Surrounding Seattle's Minimum Wage Ordinance, Erica Bergmann 2016 Seattle University School of Law

Three Out Of Four Economists Recommend Raising The Minimum Wage! A Closer Look At The Debate Surrounding Seattle's Minimum Wage Ordinance, Erica Bergmann

Seattle University Law Review

This Note will discuss the implications of a high minimum wage by examining the debate around the Seattle Ordinance with a particular focus on the IFA lawsuit. To analyze the possible impacts of the Seattle Ordinance, current and historical arguments both in support of and in opposition to minimum wage laws are considered. This Note ultimately concludes that the U.S. District Court rightly denied the IFA’s motion for a preliminary injunction, which would have frustrated Seattle’s experiment before it began. Seattle’s plan to implement a $15 minimum wage, and similar experiments, should be permitted to proceed ...


Goodwin V. Jones, 132 Nev. Adv. Op. 12 (Mar. 03, 2016), Rob Schmidt 2016 Nevada Law Journal

Goodwin V. Jones, 132 Nev. Adv. Op. 12 (Mar. 03, 2016), Rob Schmidt

Nevada Supreme Court Summaries

The Court of Appeals held that because the employee did not provide sufficient evidence to demonstrate she made a reasonable, good-faith attempt to maintain her certification, the employee’s failure to maintain certification required by her employer constituted misconduct within the meaning of NRS 612.385.


Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger 2016 Brooklyn Law School

Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger

Brooklyn Journal of Corporate, Financial & Commercial Law

This Note addresses the current ambiguity in the law regarding if unpaid interns are employees under the Fair Labor Standards Act. The Note explores relevant case law throughout the circuit courts, but primarily focuses on the Second Circuit’s recent decision in Glatt v. Fox Searchlight Pictures. It argues that the primary benefits test created by the Second Circuit in Glatt does not adequately protect unpaid interns nor does it inform employers of the standards they need to meet in order to adopt legal unpaid internship programs. Instead, courts should adopt a clearer, more rigid test that finds an intern ...


Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney 2016 Brooklyn Law School

Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney

Journal of Law and Policy

Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor ...


Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery 2016 Brooklyn Law School

Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery

Journal of Law and Policy

The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to protect the pension rights of employees nationwide. However, due to its broad preemptive powers, ERISA has since developed into a tool used by health insurers to recover millions of dollars in tort damages meant to benefit employees with ERISA health plans. This practice, known as subrogation, has been met with legislative backlash in the form of state antisubrogation statutes, which attempt to limit the enforceability of subrogation clauses found in almost all ERISA health plans. However, many courts have held that ERISA preempts these antisubrogation statutes, thereby affirming ...


Farm And Ranch Laborers, Workers Compensation And Equal Protection: Rodriguez V Brand West Dairy, Mel Cousins 2015 Trinity College Dublin

Farm And Ranch Laborers, Workers Compensation And Equal Protection: Rodriguez V Brand West Dairy, Mel Cousins

Mel Cousins

In this interesting ruling, the Court of Appeals of New Mexico has held that the exclusion of farm and ranch laborers from workers’ compensation cover is in breach of the equal protection guarantee set out in the New Mexico Constitution. The case is currently under appeal to the New Mexico Supreme Court.


State, Emp’T. Sec. Div. V. Murphy, 132 Nev. Adv. Op. 18 (Dec. 17, 2015), Michael Coggeshall 2015 Nevada Law Journal

State, Emp’T. Sec. Div. V. Murphy, 132 Nev. Adv. Op. 18 (Dec. 17, 2015), Michael Coggeshall

Nevada Supreme Court Summaries

The Court determined that employees who are terminated from employment for absence due to incarceration, and are later convicted of a crime, are not eligible for unemployment benefits. These employees are contrasted with those who are incarcerated, but remained incarcerated due to indigence, or were not convicted due to unsupported charges. The latter group may be eligible for unemployment benefits.


Professional Athletes Are "Seeing Stars": How Athletes Are "Knocked-Out" Of States' Workers' Compensation Systems, Matthew Friede 2015 Hamline University School of Law

Professional Athletes Are "Seeing Stars": How Athletes Are "Knocked-Out" Of States' Workers' Compensation Systems, Matthew Friede

Hamline Law Review

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Diagnostic Inflation For The People, Benjamin Douglas 2015 Selected Works

Diagnostic Inflation For The People, Benjamin Douglas

Benjamin Douglas

Workplace stress can cause diagnosable mental health problems, and there is every reason to grant psychologically injured workers the same benefits accorded to other injured workers. Nevertheless, numerous jurisdictions deny or restrict these benefits, using arguments that do not stand up to scrutiny. The real reason for the double standard is not rooted in science, medicine or reason, but in employers' need to preserve low expectations for workers' mental well-being, which enables greater employer control over their employees, and shifts the costs of failing mental health to the rest of society. To reclaim workers' compensation for those who are suffering ...


Epa Announces Final Revisions To Worker Protection Standard Regulations, Elizabeth J. Buffington, Kristine J. P. Schaefer 2015 Iowa State University

Epa Announces Final Revisions To Worker Protection Standard Regulations, Elizabeth J. Buffington, Kristine J. P. Schaefer

Integrated Crop Management News

On September 28, 2015, the U.S. Environmental Protection Agency (EPA) announced the final revisions to the 1992 Agricultural Worker Protection Standard (WPS) regulation, which is designed to protect employees working on agricultural establishments from exposure to agricultural pesticides, both general and restricted use. The WPS must be followed when pesticide use is part of the production of agricultural plants on a farm, forest, nursery, or greenhouse. The WPS does not apply when pesticides are used on pastures, to control rodents, as bait in traps, on harvested plants, for public pest control, on livestock, on home fruit, vegetable gardens or ...


21st Islssl Labour Law World Congress, michele faioli 2015 Tor Vergata University

21st Islssl Labour Law World Congress, Michele Faioli

Michele Faioli

No abstract provided.


The Effect Of Health Insurance On Workers' Compensation Filing: Evidence From The Affordable Care Act's Age-Based Threshold For Dependent Coverage, Marcus Dillender 2015 W.E. Upjohn Institute

The Effect Of Health Insurance On Workers' Compensation Filing: Evidence From The Affordable Care Act's Age-Based Threshold For Dependent Coverage, Marcus Dillender

Marcus Dillender

No abstract provided.


The Effect Of Health Insurance On Workers' Compensation Filing: Evidence From The Affordable Care Act's Age-Based Threshold For Dependent Coverage, Marcus Dillender 2015 W.E. Upjohn Institute

The Effect Of Health Insurance On Workers' Compensation Filing: Evidence From The Affordable Care Act's Age-Based Threshold For Dependent Coverage, Marcus Dillender

Marcus Dillender

This paper identifies the effect of health insurance on workers' compensation (WC) filing for young adults by implementing a regression discontinuity design using WC medical claims data from Texas. The results suggest health insurance factors into the decision to have WC pay for discretionary care. The implied instrumental variables estimates suggest a 10 percentage point decrease in health insurance coverage increases WC bills by 15.3 percent. Despite the large impact of health insurance on the number of WC bills, the additional cost to WC at age 26 appears to be small as most of the increase comes from small ...


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