In August of 2020 Puerto Rico became the first U.S. Territory or State to establish a cause of action dealing with bullying in the workplace. The Puerto Rico Department of Labor issued its sample guidelines for employer compliance on February 3, 2021. Although this act applies only to Puerto Rico it provides an example of protocols for use by employers everywhere.
We have received questions from clients regarding the possibility of subrogation claims against the manufacturers of COVID-19 vaccines. The short answer is no. The reasons are interesting. The end result of injuries or claims by employees required to be vaccinated will likely fall on the workers’ compensation system.
Davil Vasquez offers a primer for understanding the distinction between the right to subrogation recovery and the right to third-party credit. He provides examples of California Labor Code § 3861 in action.
Bullying is a worldwide problem and the most recent guidance comes from Ireland. Their new 54 page Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work is valuable for any employer seeking clarification on what constitutes bullying and how to deal with it.
Whether it involves derogatory comments, relentless intimidation or outright threats, bullying has no place in society or the workplace. However, each year large numbers of workers’ compensation claims, sexual harassment and discrimination lawsuits are brought against employers in all jurisdictions. The hidden costs of this are staggering.
