TAN Taking Lead to Reverse Lawsuit’s Impact on Nonsubscribers

TAN Taking Lead to Reverse Lawsuit’s Impact on Nonsubscribers

The Texas Alliance of Nonsubscribers and its members are leading efforts to convince the Texas Supreme Court to take up and reverse a lower court ruling that would prevent a nonsubscribing employer from designating a responsible third party in a negligence lawsuit brought by an injured worker.

The ruling by the Tyler Court of Appeals in East Texas Medical Center Athens involves an injury sustained by an emergency room nurse employed by the East Texas Medical Center (ETMC). The nurse was injured when an Emergency Medical Technician (EMT) hit her in the back with an empty stretcher. The EMT is an employee of the ETMC Emergency Medical Service (EMS), a separate company from ETMC. ETMC filed a motion designating EMS as a responsible third party. The motion was denied by the district court and the Tyler Court of Appeals. The appellate court held that a negligence claim against the nonsubscriber was an attempt to collect workers’ compensation, which prohibits the designation of a third party as comparatively responsible.

Earlier this year, the Texas Supreme Court granted an emergency stay in the case pending its determination of whether it will hear the case. The court has requested briefing, which increases the odds it will take the case.

By filing an amicus brief with the court, TAN hopes to persuade it to hear the case and overturn the appellate court’s decision to prevent its ruling from becoming the prevailing law in Texas.

TAN’s amicus effort continues to grow. The organization is awaiting the briefing schedule to determine when to file its brief.

Companies interested in being a part of TAN’s amicus efforts may contact Tim Conger (tim.conger@bravarro.com).

Huge Jury Awards Increasing Across the Country

Massive jury awards of $10 million or more continue to increase in size and frequency, according to a new study by the U.S. Chamber of Commerce Institute for Legal Reform.

The report, “Nuclear Verdicts: An Update on Trends, Causes, and Solutions” analyzes more than 1,200 so-called “nuclear” verdicts of $10 million or more between 2013 and 2022. It found the median nuclear verdict during the period was $21 million. Among other key findings:

  • California, Georgia, Florida, Illinois, New York and Texas produced around 61% of the nuclear verdicts across the country.
  • Juries in state courts, rather than federal courts, produced most nuclear verdicts.
  • Third-party litigation funding, lawsuit advertising, and plaintiffs’ lawyers’ courtroom tactics fuel the size and frequency of nuclear verdicts.
  • There were 115 reports of personal injury or wrongful death verdicts that exceeded $100 million during the study period. This included 96 reported verdicts between $100 million and $500 million, five verdicts between $500 million and $1 billion, and 14 verdicts of $1 billion or more.
  • Product liability cases ($25 million) and auto accidents ($21 million) have some of the highest median verdicts.

The study outlines a series of comprehensive reforms that could mitigate damage awards. These include:

  • Requiring disclosure of third-party litigation funding.
  • Reining in misleading lawsuit ads.
  • Promoting sound science in the courtroom.
  • Prohibiting plaintiffs’ lawyers’ anchoring tactics.

The report is available here.

Workers Say Departures Could Be Prevented

Some 42% of employees who quit in the past year say their manager or organization could have done something to prevent them from leaving, according to a Gallup national survey.

Nearly half (45%) of voluntary leavers report that neither a manager nor another leader proactively discussed their job satisfaction, performance, or future with the organization with them in the three months before leaving. Fifty-one percent say they are watching for or actively seeking a new job.

Gallup conducted a nationally representative study of 717 individuals who voluntarily left an employer in the past 12 months. Among its findings:

  • When employees decide to voluntarily leave their job, the decision often happens quickly. More than three in four (77%) voluntary leavers either left within three months of searching for a new job or did not actively search for new employment in the first place.
  • Thirty-six percent of voluntary leavers report that they did not talk to anyone before they made the decision to resign. Four in 10 (44%) of those who discussed their intention to leave did not talk to their direct supervisor or manager before deciding to leave.
  • Of those whose manager or leader did engage with them in the three months before leaving, fewer than three in 10 had a conversation about the future of their career with the organization (29%) or their job satisfaction (28%). They were even less likely to report that they discussed what it takes to be effective in their job (18%) or what it would take for them to stay with the organization (17%).

More information about the survey is available here.

Retail Workers Share Safety Concerns in Workplace

Most retail workers say they are scared for their safety every day as they clock in, according to a recent survey. Most of the workers blame deep cuts in staffing for their concerns, and 80% of retail workers say they don’t feel protected at work and take drastic measures to maintain their personal safety, such as purchasing personal safety devices (e.g., pepper spray, personal alarm, etc.).

The survey was conducted March 23-24 by Pollfish for Theatro, a Dallas-based company that provides communication tools for frontline workers. The survey includes responses from more than 600 retail workers ages 18 and over in the top 15 metropolitan areas of the United States.

Other key findings include:

  • 63% say staffing shortages make it harder to keep their stores safe, and 72% have experienced incidents in which staff couldn’t respond to a threat because their store was understaffed.
  • 51% rate their store’s technology as only slightly or moderately effective.
  • Most respondents say their store would be safer if leadership solicited feedback from in-store workers, yet 23% said they hadn’t been involved in any capacity in safety and security planning for their store.
  • 40% of retail workers did not receive any training over the past year on handling difficult situations (e.g., theft, aggressive customers) that may arise due to being understaffed, and 22% said their training was inadequate.
  • 73% of retail workers are considering leaving their jobs, and 64% would consider suing their employer over a store crime incident.

When asked what retailers could do to reduce stress during staffing shortages, suggestions included:

  • 46% want retailers to improve in-store communication.
  • 43% want enhanced security measures when employees are in the store.
  • 40% see the need for better technology to streamline in-store operations.
  • 38% want additional training for handling difficult customer situations.
  • 37% said retailers could improve employee recognition and rewards programs.

More information about the survey is available here.

Survey Highlights Workers’ Attitudes Amid Increase of AI and Other Changes

Workers are embracing AI and prioritizing skills growth amid increasing workloads and an accelerating pace of change, according to PwC’s 2024 Global Workforce Hopes & Fears survey.

Workers say they have experienced rising workloads (45%) and nearly two-thirds (62%) say they have experienced more change at work in the past year than in the 12 months prior. Two-fifths (40%) say their daily responsibilities have changed to a large or very large extent. Almost half (44%) don’t understand the purpose of the changes taking place.

Perhaps because of these changes, workers are again contemplating leaving for other jobs. The survey found 28% say they are very or extremely likely to switch employers in the next 12 months — compared to 19% during the “Great Resignation” in 2022.

Among other key findings:

  • Fewer than half (46%) of respondents say they strongly or moderately agree that their employer provides adequate opportunities to learn new skills. Among workers considering leaving, 67% say opportunities to learn new skills are a key factor in any decision to job-switch.
  • More than 80% of workers who use generative AI daily expect it to make their time at work more efficient in the next 12 months. Half (49%) of all users expect it to lead to higher salaries.
  • The proportion of workers with money left over each month increased to 45% (compared to 38% in 2023). However, 52% say they are still financially stressed.
  • There are also signs of optimism and engagement at work. Some 60% of workers expressed at least moderate job satisfaction (up from 56% in 2023) and 57% of employees who view fair pay as important agree that their pay is fair.

More information about the survey is available here.

Survey Shines Light on Low Wage Levels

Just 13% of workers in the U.S. earn less than $15 an hour today, compared to 31.9% in 2022, according to a new report from Oxfam. Despite the gain, the report says about 39 million U.S. workers, or 23% of the workforce, earn less than $17 an hour. In Texas, the report says 29.9% of the workforce earns less than $17 an hour.

More than 34 million of the American workers who earn less than $17 an hour are older than 20.

When Oxfam first looked at low wages in 2022, it defined low wages as less than $15 an hour. For its 2024 report, Oxfam changed its definition of low wages to $17 an hour to account for inflation. It attributes the drop in workers earning less than $15 an hour to consistent minimum wage increases in some states and a tightening job market that means many companies have raised wages to compete for workers.

According to the report, communities across the United States most likely to be working for low wages are workers of color, women and single parents.

Oxfam says 33% of Latin or Hispanic workers and 32% of black workers earn less than $17 an hour, compared to 21% of white workers. For women, 27% earn less than $17 an hour, compared to 19% of men. Some 42% of single parents earn less than $17 an hour, compared to 12% of partnered parents.

The report is available here.

Study Brings Focus to Suicide and Mental Health Concerns of Workers

One in five U.S. workers surveyed recently say they have contemplated self-harm or suicide within the previous two weeks, according to a new survey. Some 12% say they have experienced a friend or colleague attempting or losing their life to suicide within the past year. Roughly one in three workers say their company does not do enough to address mental health problems among employees.

Younger workers appear to be struggling most, with 35% of 18- to 24-year-olds reporting having these thoughts in the two weeks prior to the survey. That compares to 30% of 25- to 34-year-olds and 26% of 35- to 55-year-olds.

The survey was commissioned by Wysa, a global leader in AI-driven mental health support. It was conducted in February and included more than 2,000 American employees across industry sectors.

According to the survey, 34% of workers who observe severe mental health concerns in the workplace say they are uncertain about how to help a colleague who is struggling. Just 32% say they’ve received workplace training on the topic within the past year.

More than one in five workers (22%) say they have experienced a manager responding inappropriately to a colleague showing signs or symptoms of mental illness.

Some 30% of workers believe their employer is overlooking serious mental health problems among their employees. One in three (33%) do not feel that leaders at their company communicate about mental health, and similarly 34% feel that their employer treats mental health as a “check box” exercise, rather than truly addressing it.

Workers also have mixed feelings about their workplace’s approach to mental health. While 44% say that their workplace is proactive in addressing and supporting the mental health of employees and offers effective tools to address serious mental health concerns, this means more than half (56%) of employees do not agree with these statements.

Additionally, 38% of U.S. workers say they feel their employer sees mental health as a personal or out-of-work issue.

The survey report is available for download here.

State News

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CIDRAP
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