The United Auto Workers (UAW) and Casino Employees Against Smoking Effects (CEASE) have filed a lawsuit against New Jersey to eliminate a controversial exemption in the Smoke-Free Air Act. This exemption allows continued smoking in Atlantic City casinos, exposing tens of thousands of workers to secondhand smoke and its associated health risks. The Loophole and its Health Risks New Jersey's Smoke-Free Air Act generally prohibits smoking in indoor workplaces and public places. However, casinos were granted an exemption, allowing designated smoking sections. This loophole leaves casino workers, f ..read more

California's Senate Bill 553 (SB 553), which mandates a Workplace Violence Prevention Plan (WVPP) for most employers by July 1, 2024, has a primary focus on employee safety. However, it might also have a secondary benefit – reduced workers' compensation insurance costs. The Link Between WVPPs and Lower Costs The logic behind this potential benefit is twofold: Prevention:  By identifying and mitigating workplace violence hazards, employers can reduce the number of violent incidents and the associated claims. This translates to fewer payouts for workers' compensation insurance provider ..read more

Per and polyfluoroalkyl substances (PFAS), also known as "forever chemicals," are a growing concern in the workplace. These man-made chemicals are nearly impossible to break down and can build up in the body over time. Unfortunately, some New Jersey workers are facing serious health consequences due to PFAS exposure. Who is Most at Risk? Several occupations put workers at risk of PFAS exposure, including: Chemical manufacturing workers who produce or handle PFAS-containing materials. Firefighters whose turnout gear and fire retardant foams often contain PFAS. Airport workers  ..read more

The New Jersey Superior Court, Appellate Division, ruled that a third-party lien can remain unresolved until the workers’ compensation claim is adjudicated. Background On October 23, 2019, the defendant, Darshelle Joseph, was injured during the course of his employment with the plaintiff, New Jersey Transit Corp. (NJ Transit). Joseph filed a workers’ compensation action against NJ Transit and a third-party action against the tortfeasor involved in the accident (the “underlying action”). NJ Transit’s workers’ compensation insurance carrier notified Joseph of its legal right to recover all mone ..read more

The NJ Appellate Division held that an emergency police dispatcher who was injured in a car accident while returning to work from a lunch break was not entitled to workers' compensation benefits.  Key Facts  Latshaw was employed by the Lakewood Township Police Department. She was injured in an accident while driving her own car during a paid lunch break. Employees were expected to take lunch breaks in the middle of their shifts and needed supervisor approval to take them at the end.  Three dispatchers staffed each shift. Reasoning for Denial The court concluded that Latsha ..read more

The U.S. Environmental Protection Agency's (EPA) draft risk evaluation of formaldehyde, released on March 15, 2024, raises significant concerns for worker health and worker compensation risk exposure. Key Findings of the Draft Evaluation: Unreasonable Risk: The EPA identifies formaldehyde as posing an unreasonable risk to human health from certain industrial and commercial uses. Exposure Routes: Inhalation and dermal contact are the primary exposure routes for workers. Health Effects: The evaluation highlights acute (short-term) and chronic (long-term) health effects, including respiratory i ..read more

Judge Desai addressed the misuse of Artificial Intelligence (AI) in Larry Grant v. City of Long Beach, 22-56121 D.C. No.2:21-cv-06666 JVS-JEM, in the Ninth Circuit Court of Appeals opinion filed on March 22, 2024. The analysis highlights the potential pitfalls of using unverified AI for legal pleadings and emphasizes the need for caution among attorneys. Misuse of AI in Grant v. City of Long Beach Details on the specific AI tool used or the nature of the misuse are likely unavailable from the opinion alone. However, based on the court's ruling, we can infer that the AI employed in Grant v. Ci ..read more

The recent Supreme Court oral arguments in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc. (22-1079) centered on the question of whether an insurer has the right to object to a debtor's reorganization plan under Chapter 11 bankruptcy. The outcome of this case will significantly impact how asbestos claims are handled in bankruptcy proceedings. Key Points from the Oral Argument: Truck Insurance's Argument: Truck Insurance Exchange (Truck) argued that the Kaiser Gypsum reorganization plan unfairly exposes them to fraudulent claims because it lacks sufficient anti-fraud measures. They cl ..read more

Kevin Baker's "The New York Game" isn't just a love letter to baseball and the Big Apple. It's a rich tapestry that weaves the evolution of America's pastime with the burgeoning organized labor movement and the fight for workplace safety. While baseball takes center stage, Baker doesn't shy away from the harsh realities early ballplayers face. The book delves into the lives of these athletes, many of whom were working-class men. They toiled not just on the diamond but also in factories and shops. Baker highlights the grueling schedules and meager pay that fueled the desire for collective barga ..read more

Today, March 18, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to prohibit ongoing uses of chrysotile asbestos, the only known form of asbestos currently used in or imported to the United States. The ban on ongoing uses of asbestos is the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act (TSCA), which received near-unanimous support in both the U.S. House of Representatives and the Senate. The action marks a major milestone for chemical safety after more than three decades of inadequate prote ..read more