Workers’ Compensation

The Evans Law Firm, P.C. provides extensive representation of clients in workers’ compensation matters. We work with clients before claims are filed with the Iowa Workers’ Compensation Commission, and if resolution is not reached, through all levels of litigation and appeal. We are dedicated to providing the most effective legal representation to our clients. Iowa workers’ compensation laws provide for recovery of lost wages and medical bills when you suffer an injury at work. The purpose of the Iowa workers’ compensation law is to quickly and efficiently deliver benefits to employees injured on the job. A few of the benefits included in the workers’ compensation law are wage loss benefits such as temporary total disability benefits and temporary partial disability benefits, permanent total disability benefits, permanent partial disability benefits, rehabilitation benefits, retraining benefits, payment of medical bills and related mileage. Attorney Thomas A. Evans has handled workers’ compensation claims on behalf of employees who were injured or became ill due to conditions at the workplace, including claims for: • Wage loss benefits • Medical care related to work injuries • Benefits for a permanent injury • Benefits for the dependents of a worker that dies of a work related injury [...]

By | October 2nd, 2017|Categories: Practice Area|0 Comments

NLRB General Counsel’s Announced Policy Initiatives Why Non-Unionized Employers Should Be Very Concerned

On March 22, 2016, the National Labor Relations Board (NLRB) General Counsel, Richard Griffin, issued Memorandum GC 16-01. The memorandum instructs NLRB regions to submit cases and issues, which are listed in the memorandum as special concern or interest to the General Counsel, to the Board’s Division of Advice so the General Counsel’s office can provide centralized consideration before taking action. The memorandum sets forth a laundry list of subjects that the General Counsel considers the NLRB’s priorities through 2016. For non-unionized employers the list includes several initiatives in which the General Counsel is seeking to change and expand Board law. Weingarten Rights in Non-Unionized Settings. Since the Supreme Court first extended the right to representation to union employees in National Labor Relations Board v. J. Weingarten, Inc., 420 U.S. 251 (1975), the NLRB has changed its position four times as to whether so-called "Weingarten rights" extend to non-union employees. In the most recent decision addressing whether "Weingarten rights" extend to non-union employees, the Board ruled that non-union employees do not have the right to have a co-worker present during an investigatory interview that might lead to discipline. See,IBM Corp., 341 NLRB 1288 (2004). The General Counsel has announced [...]

By | September 6th, 2016|Categories: Uncategorized|0 Comments

The Third Circuit Clarifies What Constitutes Individual “Concerted Activity” and Reminds the NLRB of the Appropriate Test for Determining Whether an Alleged Discriminatory Discharge was Lawful

In MCPc Inc. v. NLRB, 2016, --- F.3d ---, Case Nos. 14-1379 and 14-1731 (3d Cir. Feb. 12, 2016), the United States Court of Appeals for the Third Circuit affirmed the Board’s determination that anindividual employee engaged in protected concerted activity when he complained about shared work conditions to a member of  management, in the presence of other employees during a “team building” lunch; but remanded the case for further proceedings because the Board failed to apply the correct legal test (Wright Line)for determining whether the employee was discharged for that protected activity or whether he was discharged for his alleged misconduct, irrespective of any protected activity. The Court also found that the company violated the NLRA by maintaining an "overly broad" confidentiality policy. Background The case arose when asenior solutions architect (employee) of MCPc (employer) complained to management in a“team building” lunch about his and fellow employees workloads, as well as the need to hire more staff.  The employee further expressed how the salary ($400,000) paid to a recently hired executive could have been used to mitigate their workloads.  After the employee raised those concerns, his coworkers joined the discussion and expressed agreement. A week later, the Employer [...]

By | September 6th, 2016|Categories: Uncategorized|0 Comments

The NLRB and Employee Handbooks

If your workplace is non-unionyou are likely wondering whether you need to worry about NLRB decisions regarding Employee Handbooks.  Consider this,any disgruntled employee or union organizer looking for a flag to wave can file an unfair labor practice charge with the National Labor Relations Board (NLRB) challenging employee handbook policies. What better way to get attention and credibility than to successfully challenge an employer’s handbook policy as unlawful?That is one good reason that all employers should make their best effort to conform their handbook policies to NLRB General Counsel’s(GC) guidance memorandum regarding employer rules issued in March 2015 and decisions of the NLRB involving employee handbook provisions.   A Little Context Here is a refresher for understanding the context in which the NLRB is looking at handbook rules. Section 7 of the National Labor Relations Act protects the rights of all non-management employees, union and non-union, to discuss and to complain about wages, hours, and other terms and conditions of employment. As a general rule, an employer violates Section 8(a)(1) of the Act through the maintenance of a work rule that would “reasonably tend to chill employees in the exercise of their Section 7 rights.” Lutheran Heritage Village–Livonia, 343 [...]

By | September 6th, 2016|Categories: Uncategorized|0 Comments