Comments for CEB Blog - Your Partner In Practice

Comment on Coming, Going, and Getting Injured by Miles

Miles — Fri, 27 Jan 2012 09:41:06 +0000

Wow, it does indeed! :-/

Thanks for the follow-up.

Comment on There’s No Place Like Home by Janet in fear of the desk police

Janet in fear of the desk police — Wed, 25 Jan 2012 17:35:13 +0000

Concerning the IHSS program, media reports have it that the California legislature slashed its funding considerably in last year’s budget. From what I read, the cuts are being implemented by requiring proof a greater level of financial or medical need before the state assigns an IHSS worker to the applicant.

Has anyone out there had experience with the new, meaner IHSS budget?

Comment on 3 Problem-Solving Approaches to Negotiation by CEB Blog: 3 Problem-Solving Approaches to Negotiation - ADR Toolbox

CEB Blog: 3 Problem-Solving Approaches to Negotiation - ADR Toolbox — Mon, 23 Jan 2012 22:31:39 +0000

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Comment on Should You Be in the Cloud? by John M. Adams ('73)

John M. Adams ('73) — Mon, 23 Jan 2012 17:03:14 +0000

I have used remote, cloud-based back-up and storage facilities provided by an employer, but now in my private practice I am unwilling to use the cloud except in cases where I am travelling and will put non-privileged documents (research etc.) with my cloud provider for easier access. I take them out when I return to the office. Anything privileged stays with me, full stop.

Comment on Coming, Going, and Getting Injured by Gregory Grinberg

Gregory Grinberg — Fri, 20 Jan 2012 18:35:45 +0000

Miles, the frustration is understandable. If the employer goes the extra mile, without being required to participate in a commute program, and offers an additional benefit to its employees, it exposes itself to liability under the workers’ compensation laws. Logic is a fine tool, but a blunt one in the world of California’s workers’ compensation.

The same rationale applies to quasi-work events. Has anyone ever gotten hurt at a company football game? At an office Christmas party? No one twisted the employer’s arm into providing either of those events to its employees.

The defense to this that was mentioned in the article applies when the employer is required to provide this transportation by local or state law. Otherwise, the old maxim “no good deed goes unpunished” finds a warm welcome in WC law.

Comment on Should You Be in the Cloud? by Julie Brook, Esq.

Julie Brook, Esq. — Fri, 20 Jan 2012 17:01:23 +0000

You’re very welcome — thanks!
Julie

Comment on Should You Be in the Cloud? by John Aebi

John Aebi — Fri, 20 Jan 2012 11:14:39 +0000

It is an extremely well-written article. It gives a clear idea on the most important technology of the future, cloud computing. Thanks a lot for this.

Comment on Coming, Going, and Getting Injured by Miles

Miles — Fri, 20 Jan 2012 02:37:40 +0000

“An employer might read this rule and think: I’m providing an extra benefit to my employees and I get punished for it? What’s the point?”

Indeed, that’s what I thought when I read that. The supposed “answer” given in the article is: “Sometimes, the use of an “alternative commute program” is mandated by state or local laws, requiring the provision of commute benefits to reduce the number of cars on the road. Some cities even require the employers within their jurisdiction to reimburse the public transportation commute costs of their employees.”

Yeah…so what? I still don’t see by what logic this would or should expose the employer to workers’ comp liability.

Furthermore, the very next paragraph seems to undercut that premise: “employers are not liable for injuries sustained by employees voluntarily participating in government-mandated alternative commute programs, unless the employee is paid regular wages for travel time…”

???

Comment on 3 Problem-Solving Approaches to Negotiation by Randall Fischer

Randall Fischer — Mon, 16 Jan 2012 17:41:52 +0000

I agree. Many times there are issues going on between the parties that, once explored, can move negotiations forward. I have had situations where the focus was on winning and losing monetarily, and, when it was determined there were serious collateral issues which had not been previously discussed and were put on the table, the monetary issues become less important or because the other issues were addressed, the opposing party was more willing to compromise on settlement terms.

Comment on Employee Versus Independent Contractor: Get It Right, or Pay the Increased Price as of January 1, 2012 by Independent Contractor vs. Employee: New Penalties « Paralegal Essentials

Independent Contractor vs. Employee: New Penalties « Paralegal Essentials — Sat, 14 Jan 2012 20:26:13 +0000

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