Monday, June 27, 2016

Traveling Employees, Personal Errands, and Workers' Comp Benefits

by David P. Nomberg, Esq.

With the recent Alabama Court of Civil Appeals decision of Hospice Family Care v. Allen, No. 2140861 (Ala. Civ. App. June 10, 2016), employees who are injured during the course of running personal errands may still be able to recover workers' compensation benefits.

In Allen, an employee was frequently traveling as part of her employment. One afternoon, the employee was traveling home to finish completing tasks for her employer when she briefly stopped at the pharmacy to pick up personal items. When the employee left the pharmacy and proceeded towards her house, she was struck by another vehicle and killed on impact. The employee's husband brought suit against her employer for workers' compensation benefits. The employer alleged that because the employee had stopped for a personal errand, workers' compensation did not apply.

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Monday, November 9, 2015

Is Telecommuting a Reasonable Accommodation Under the ADA?

by Rhianna A. Kittrell, Esq.

As most companies and businesses are aware, the Americans with Disabilities Act (ADA) requires employers to provide employees who are considered qualified individuals with disabilities with reasonable accommodations that allow those employees to perform the essential functions of the job, provided that the reasonable accommodation does not create an undue hardship for the employer.

The ADA defines a "qualified individual" as a person who can perform the essential functions of his or her job with or without a reasonable accommodation. When employers are faced with questions from employees regarding accommodations, determining whether the employee is a qualified individual who must be accommodated can become a complex issue.

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Monday, July 21, 2014

Workers' Compensation and an Expanding Telecommuting Workforce

by Tonya Floyd, Esq.

One of the prevailing trends in today's American workforce is the ability to work from home, or "telecommute." Fifteen or twenty years ago for example, this concept was nearly unheard of, however due to recent advances in information technology, telecommuting is becoming more common in almost every area of business. The use of telecommuters as a growing mobile workforce has grown by nearly 80% since 2005 alone. (Tweet this)

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Thursday, January 17, 2013

When Complying with the FLSA Isn’t Good Enough

by Kerstin Miller, Esq.

Most employers understand that the Fair Labor Standards Act (the “FLSA”) is the law of the land regarding minimum wage, overtime, and other wage-related issues. Unfortunately, some employers become so focused on FLSA compliance that they overlook an equally important mandate: applicable state wage and hour laws.

Many employers may be surprised that state wage and hour laws can differ substantially from the FLSA.

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Friday, July 1, 2011

Working from Home Complicates Workers' Compensation

by Bradley G. Garber, Esq.

As computers become more and more pervasive in the workplace, it becomes easier to work out of an employer-controlled office space. The traditional circumstances that identify an injury as work-related are blurred.

In Oregon, ORS 656.005(7) defines a "compensable injury" as one that "aris[es] out of and in the course of employment." The "arises out of" component of the test requires a causal link between the worker's injury and the employment. The "in the course of" component concerns the time, place and circumstances of the injury.

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