Employment Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.
March 26, 2015 By Jurado & Farshchian, P.L.
Breaking Employment law? You may be a great employer, but you may be breaking employment law without even knowing you’re doing it. It’s pretty easy, as a business owner and an employer, to accidentally break the law. Here are five ways it can happen.
March 24, 2015 By Law Office of James M. Hoffmann
If your workers' compensation case is in dispute, your case may need to resolved through a workers' compensation trial.
March 23, 2015 By Sidney L. Gold & Associates, P.C.
Pregnancy is considered a temporary disability under the law. Employers must provide equal benefits and treatment to pregnant employees as they do with employees who have other types of temporary disabilities.
March 23, 2015 By Galfand Berger LLP
Several investigations into workplace injuries of nurses and orderlies reveal a large number of career ending injuries.
March 20, 2015 By Murphy Law Group, LLC
What the law does and doesn’t say about disabilities.
March 19, 2015 By HG.org
Many employers use a variety of pre-employment tests to help find qualified employees. However, some strategies may be illegal if the test is targeted to weed out individuals with disabilities.
March 19, 2015 By E.S. Borjeson & Associates
The Center for Disease Control and Prevention (CDC) recently released a study that discusses how mental health issues are related to work site physical injuries.
March 19, 2015 By Levine Bridge Law Firm
The resolution of the Federal Migration Service of Russia established a procedure that determines the sequence of steps for the FMS of Russia on providing decision to suspend the right to issue patents to foreign citizens on the territory of the RF administrative district.
March 18, 2015 By Sidney L. Gold & Associates, P.C.
In an effort to ensure pay equality at Walmart, an employee and shareholder of the company is urging disclosure of gender wage information by the retailer.
March 16, 2015 By HG.org
It is a sad fact, but every day thousands of companies around the world violate laws designed to protect the environment in order to cut costs and increase profits. If you suspect your company is doing so, or if you have witnessed the pollution yourself, you may be wondering what you can do to prevent it and whether there are any laws in place to protect you from the company's wrath after you do so.
March 15, 2015 By Donovan & Ho
While many people may be familiar with the term "unfair dismissal" or "wrongful termination", the concept of unfair dismissal in Malaysia not as straightforward as it appears. This article hopes to address some of the more frequently asked questions about the law and procedure relating to unfair dismissal claims in Malaysia.
March 12, 2015 By HG.org
Historically, women have earned less than their male counterparts. Nationally, women make about 78 cents on the dollar that each man earns for the same job. However, a variety of laws have been passed to help ensure women of fair pay. Here is an overview of those laws and the steps you can take to ensure that you, as an employee, are receiving a fair rate of pay.
March 12, 2015 By Hazim AL-Madani Law Firm
The labor Law in Saudi Arabia is a balanced law that regulates all aspects of labor relations between workers and employees and applicable to all Saudi and Non-Saudi workers without discrimination. Respecting the laws and compliance with their provisions enhances labor relations stability and acts as a key for progress and development.
Efforts underway to reduce the administrative complexities that companies in France face when meeting their obligations as employers.
New law allows employees to refer directly the adjudication panel.
Unilateral change of salary is still regarded as a breach albeit not a serious one.
Employers in France must now review their procedures on seeking buyers for French businesses.
The recent law of August 4th 2014 is trying to promote gender equality by inducing fathers to take a parental leave.
This article looks at the ongoing popularity of terminations by mutual agreement in France.
This article looks at the possibility of a draft law on the business secret issue in France.
This article looks at the recent draft law on Sunday trading.
March 9, 2015 By Martin & Nelson
There are over 12 million Americans living with cancer. Individuals diagnosed with cancer can undergo many different treatments during the course of their disease.
March 9, 2015 By E.S. Borjeson & Associates
The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) recently released its findings in regards to the injury of a teenage worker last summer. The Delaware teen suffered a severe head injury when he fell one story on a construction site. The teen was employed by Reybold Homes Inc. as part of a co-op program.
March 9, 2015 By Schmidt, Kirifides, Fridkin & Rassias
Healthcare workers have very physical jobs. Lifting and assisting patients requires strength and stamina. Moreover, stretching, reaching, and pushing patients on beds up and down hallways and ramps often results in workplace injuries to healthcare workers.
March 2, 2015 By The Ezold Law Firm, PC
New legislation requiring Philadelphia employers to offer paid sick time for many employees was approved by City Council and signed into law by Mayor Nutter last week.
March 2, 2015 By The Ezold Law Firm, PC
Nearly all employment handbooks that are issued to employees upon hiring include anti-harassment policies that conform to federal and state laws.
Mental injuries fall into three categories: Mental-Physical, Physical Mental and Mental-Mental.
The Pennsylvania Workers’ Compensation Act was enacted in 1915. Before this law, individuals severely disabled by injuries suffered while at work needed to prove a “negligence” claim against their employer to be entitled to any type of compensation.
An Impairment Rating Evaluation (IRE) is a type of medical examination requested by a workers’ compensation insurance company, for the sole purpose of limiting the length of time they may be required to pay benefits.
February 23, 2015 By Schmidt, Kirifides, Fridkin & Rassias
One of the most important issues in workers’ compensation law involves whether an individual worker is an employee (who may be entitled to workers’ compensation benefits) or an independent contractor (who is not entitled to workers’ compensation benefits.)
February 23, 2015 By Sidney L. Gold & Associates, P.C.
A crowd of workers cheered last week at City Hall in Philadelphia when Mayor Nutter signed a bill mandating paid sick leave into law, and the City Council approved the legislation.
February 23, 2015 By Martin & Nelson
Individuals suffering from chronic illnesses including diabetes, heart disease, rheumatoid arthritis and fibromyalgia often take prescriptions or undergo medical treatment to help them cope with the symptoms of their conditions.
February 23, 2015 By E.S. Borjeson & Associates
The goal of the Occupational Safety and Health Administration (OSHA) is to create safer workplaces, prevent workplace injuries and save the lives of American workers. As of January 1, 2015 OSHA has implemented a new federal policy regarding the reporting of workplace injuries.
February 22, 2015 By Brune Law Office
Certain types of repetitive work activities can either cause, or aggravate symptoms in areas of the body, including the knees, arms, shoulders, back and neck. The types of activities and jobs are virtually unlimited, and can be the subject of considerable litigation.
February 20, 2015 By Murphy Law Group, LLC
If your employer has misclassified you as an exempt employee, you may be missing out on compensation that you’re legally entitled to.
February 15, 2015 By HG.org
Some job applicants decide to lie on their application, in their resume or in answers to interview questions in hopes that these lies or exaggerations will help them land the job. However, employing one of these tactics can cause an individual his or her job.
February 13, 2015 By Parris Whittaker, Attorney at Law
Companies must take great care that senior company personnel avoid undertaking acts that mean they could be treated as directors for the purposes of the law. This may result in adverse implications for both the company and the individual concerned. The expert company lawyers at Bahamas firm ParrisWhittaker are highly experienced in providing full service legal advice to companies including in relation to directors and their duties and liabilities.
February 10, 2015 By Legal Alliance
On January 20, 2015, the Law of Ukraine № 113-VIII of January 15, 2015 came into force which approved the Decree of the President of Ukraine "On the partial mobilization".
February 9, 2015 By E.S. Borjeson & Associates
Working in a restaurant or commercial kitchen can be dangerous, regardless of the employee’s position. Head chefs and dishwashers alike face a variety of potential hazards that could lead to serious, life-altering or even fatal injuries. Besides the more obvious and immediate dangers of hot stoves and slippery floors, many kitchen hazards are not clearly visible, causing injuries that develop over time.
February 9, 2015 By Sidney L. Gold & Associates, P.C.
A Minnesota woman with fibromyalgia and osteoarthritis recently received $30,000 in an Equal Employment Opportunity Commission (EEOC) lawsuit that proved her employer violated the terms of the Americans with Disabilities Act (ADA) by firing her because of her medical condition.
February 8, 2015 By HG.org
Due to a number of legal theories, employers may be found liable for their employees’ actions that resulted in harm to coworkers, customers or other individuals. There may be variations or prohibitions against certain causes of action based on state law.
February 4, 2015 By Kydalov & Partners
Due to current political changes, various processes of documentation preparation for foreigners in Ukraine seem to be easier than even a year ago. Due to this fact, one of such spread branches like creation and processing the employment agreements and contracts can generate much less issues, questions and complications in comparison to many other cases
February 3, 2015 By Cindemir Law Office
In Turkey, the employment contract may be terminated in several ways;
February 3, 2015 By E.S. Borjeson & Associates
As the economy continues to grow, more and more U.S. businesses are experiencing a manufacturing resurgence. As a result of the growth in this industry, the number of fatal workplace slip and fall accidents has increased the most dramatically.
February 3, 2015 By Martin & Nelson
Do you suffer from fibromyalgia but have attempted to “push through” your chronic pain in order to continue working? If so, you have likely experienced a delayed flare-up of your fibromyalgia symptoms within a few days or even hours. Delayed flare-ups can be especially problematic when an individual is seeking coverage under their long term disability policy due to their fibromyalgia symptoms.
February 3, 2015 By Galfand Berger LLP
One of the main features to the Family Medical Leave Act (”FMLA”) is the return to work provision that requires that an employer return an employee, who has been approved for FMLA, to their original or equivalent position at the end of their leave.
February 3, 2015 By Sidney L. Gold & Associates, P.C.
A federal appellate court has overturned a district court’s decision to dismiss a whistleblower case filed by a man who says he was fired after he brought attention to safety and health risks concerning the nuclear site where he was employed. The court also ruled that the plaintiff is entitled to a jury trial.
January 26, 2015 By Abad & Asociados Abogados Y Economistas, S.R.L.
On December 4th the Official Gazette published Law 1/2014 amending the Capital Companies Act to implement corporate governance modifications. This reform is based on the Report of the Committee of Experts submitted to the Council of Ministers on the 23rd of May 2014.
January 26, 2015 By Sidney L. Gold & Associates, P.C.
A tax lawyer who worked at the Vanguard Group in Malvern, New York, was terminated from his position after consistently warning his employer that they were considerably underpaying on its taxes. The unlawful practices resulted in Vanguard cheating the US Government out of more than a billion dollars throughout the last several years. Some of the money saved from the illegal tax practices was used to enhance bosses’ salaries.
January 21, 2015 By Alimohammad & Zafar, PLLC
What employers must know with regards to keeping documentation in H1-B and Labor Certification matters.
January 19, 2015 By Schmidt, Kirifides, Fridkin & Rassias
Back injuries including herniated discs, strained muscles, pulled or torn ligaments and disc degeneration are the most common work injuries among healthcare workers. Nurses, nursing aids, orderlies, attendants, laundry workers, kitchen workers and environmental services in the healthcare field can suffer from back injuries caused by everyday tasks or workplace accidents.
January 19, 2015 By Schmidt, Kirifides, Fridkin & Rassias
Why does the workers' compensation insurance company get money back from my negligence lawsuit?
January 19, 2015 By Galfand Berger LLP
In a major victory for injured municipal employees in Philadelphia, a Pennsylvania appellate court recently blocked the city’s attempt to obtain a portion of an injured worker’s personal injury lawsuit recovery. This decision allowed the injured worker, a Philadelphia police officer, to keep the full amount of the injury benefits he received under the Heart and Lung Act and the full recovery from his lawsuit award.
January 19, 2015 By Abad & Asociados Abogados Y Economistas, S.R.L.
Savings of up to €48 million thanks to new rules for cross-border judgments.
January 15, 2015 By The Law Offices of R. Sebastian Gibson
As a result of changes to sexual abuse laws in California and a more liberal statute of limitations, attorneys in California now have a greater chance to pursue perpetrators of sexual abuse and obtain justice for their victims. Thanks in part to greater public awareness of the problem, recent reports in the news, and more women willing to come forward after being abused, a greater number of abuse and molestation victims can at last obtain some measure of justice for the trauma they’ve endured.
January 13, 2015 By Leks&Co
Provisions on company regulation is stipulated under Article 108 until Article 115 Law Number 13 of 2003 on Employment (“Law No.13/ 2003”) and Ministry of Manpower and Transmigration Regulation Number PER.16/MEN/XI/2011 on Procedures for the Establishment and Legalization of Company Regulation and Procedure for the Establishment and Registration of Collective Labor Agreement (“MOMTR 16/2011”).
January 12, 2015 By Schmidt, Kirifides, Fridkin & Rassias
The Pennsylvania Workers’ Compensation Act provides for different standards and evidence required to prove psychological injuries, as compared to physical injuries. The most common type of work injury claim involves a physical to part of the body, caused by a physical event – such as by falling or lifting something.
January 12, 2015 By Sidney L. Gold & Associates, P.C.
A whistle blower complaint filed by an Office Depot employee has resulted in a large settlement for the state of California.
January 11, 2015 By HG.org
If you are facing a felony conviction, the lasting effects on your career can endure for much longer than any time that you receive. Being convicted of a felony can have some of the following severe ramifications on your career.
January 5, 2015 By Robison, Curphey & O'Connell, LLC
In the latter part of 2012, the Ohio legislature passed Senate Bill 337, providing tort liability protection for businesses choosing to hire rehabilitated ex-criminals. According to Senate Bill 337 (now codified as Ohio Revised Code Section 2953.25), if an Ohio business hires a job applicant who possesses a Certification of Qualification for Employment (CQE), then the business is entitled to immunity from negligent hiring claims.
Defining and discussing three of the most important and commonly misunderstood terms in California employment law - wrongful termination, discrimination, and harassment/hostile work environment.
Earlier this year, HB5701, the Job Opportunities for Qualified Applicants Act, was passed and signed into law in Illinois. This law is more colloquially known as the Ban the Box law and presents Illinois job applicants with greater opportunities to secure employment. Similar laws are becoming popular throughout the United States. Currently, 12 states have statewide Ban the Box laws and 19 states contain at least one city or county with this type of law.
My clients are often surprised to learn that even after devoting many years of loyalty to a company, that he or she is subject to termination, even after suffering a work related injury.
Russian president signed a decree on November 24, 2014 "On the collection of biometric personal data of foreign citizens and stateless persons." According to the decree on December 10, 2014 will be introduced the collection of biometric personal data of foreign citizens and stateless persons when making visa to enter Russia or transit visa to travel through the territory of the Russian Federation.
A draft law on the proposed legislation enshrines the principle of reciprocity in relations between the Russian Federation and foreign states are considered by the State Duma.
The procedure for the payment of personal income tax on income for foreign employees has been clarified. Russian president signed a federal law on November 24, 2014 № 374-FZ "On Amendments to Article 50 and 56 of the Budget Code of the Russian Federation".
The Russian government has determined quotas for foreign citizens and stateless persons for temporary residence permits in the Russian Federation in 2015.
A New Procedure for Notifying the Federal Migration Service in Russia on Attracting and Using Highly Qualified Specialists
From 1 January 2015, the procedure for notifying authorities about attracting and using highly qualified specialists will be changed.
The State Duma was sent a draft law on mandatory biometric registration of citizens of Russia. According to the authors of the draft law, mandatory biometric registration will allow getting away from the practice of presenting identity documents and will allow solving problems in the law and in the social sphere in time.
Included in the Draft Tax Reform of Income Tax Law for Non-residents is a significant modifying rule that could be described as a "second chance" to allow those non-residents who have not declared foreign pensions received to rectify the situation.
Senior citizens have been given certain unnecessary drug testing in a Medicare fraud scheme.
The State Duma had supported in the first reading amendments to the law on the limitation of entry into Russia for a period of up to 10 years for those who violate the provisions of their temporary stay in the country.
Federal Law dated 14.10.2014 N 299-FZ "On features for the application of certain provisions of federal laws and other normative legal acts of the Russian Federation, containing norms of labor law, in connection with the acceptance into the Russian Federation of the Republic of Crimea and the formation within the Russian Federation of new subjects – the Republic of Crimea and the federal city of Sevastopol "
Russian President Vladimir Putin signed a federal law limiting the participation of foreigners in the Russian media.
The Russian government has submitted to the State Duma a bill that provides compensation for the costs of relocating employees to other regions.
In October 2014, Armenia signed the Treaty of Accession to the Eurasian Economic Union, which already includes Russia, Belarus and Kazakhstan.
The Deputy Minister of Labor, Migration and youth of Kyrgyzstan proposed a simplified procedure in Russia, Belarus and Kazakhstan for citizens of Kyrgyzstan.
According to a bill signed by the President of the Russian Federation, foreign citizens of countries in the Eurasian Economic Union will be able to receive a pension in Russia.
Length of stay of foreign citizens in the territory of Russia will be reduced.
Public Chamber of the Russian Federation held a hearing to discuss issues on improving legislation of the Russian Federation in the field of migration control. Part of the hearing dealt with the basic provisions of the second version of the bill "On Immigration Control of the Russian Federation".
From 1 January 2015, citizens of CIS countries will enter the Russian Federation with foreign passports.
On November 24, the President of the Russian Federation signed the Federal Law eliminating the need for foreign citizens obtaining a work permit in the Russian Federation who arrived via a visa-free regime. From January 1 2015 for the implementation of the work in Russia CIS citizens have to be issued a patent. The patent will allow the specified foreign citizens to work as for legal entities and for physical persons.
Currently, the Moscow City Duma is considering a bill to increase the value of the patent (the size of the tax on personal income, charged monthly) to 4,000 rubles.
Employees are eligible for Gratuity at the end of completing a full years of service. This gratuity is calculated as 21 days of salary. Salary in this case excludes any allowances for housing or car etc and considers the basic salary of the employee.
Preventive operation "Migrant-2014» was held with the support of the Federal Migration Service of Russia and the Government of Moscow from October 22 to November 4, 2014 and was the largest action in combatting illegal migration in Moscow in recent years.
Ukrainians will be able to apply for Russian citizenship under the state program for the voluntary resettlement of compatriots in a simplified manner.
These measures are designed to support those who are participants in the Russian advertising market. The relevant bill was submitted to the Duma.
Foreign companies may lose access to government guarantees and to investment budget. The relevant bill is being prepared by Russia's Finance Ministry.
By STA Law Firm
Should I not hear, as I lie down in dust, the horns of glory blowing above my burial? Contrad Aiken
While other countries may require the losing side to pay both sets of attorneys’ fees, in the United States, this is not usually the rule. Requiring the losing side to pay all attorneys’ fees and costs may serve as a deterrent for individuals to access the court system for justice and works against public policy.
When discussing unlawful conduct or illegal activities in relation to employment, most people will think of improper or wrongful conduct of employer eg. discrimination or harassment.
Individuals who have been convicted of a felony often experience difficulty in securing employment because many employers choose not to hire them. Just as employers may have policies in place that may result in termination upon the conviction of a felony, they may also have policies that weigh against hiring convicted felons. However, a series of laws may prevent an employer from having a blanket policy against discriminating against employees who have been convicted of a felony.
As part of exploration operations of multinational companies, wet lease agreements are gaining more importance especially in oil and gas industry and foreign carriers who takes part in such operations are still not clear about either their employees require work permit or not, in cases where they entered into a subcontractor and wet lease agreement with Turkish air carriers for air transport works to be conducted under exploration operations.
A large part of our judgment collection law practice is collection of labor awards, or more specifically enforcement labor judgments. Essentially, these result when an employer fails to properly pay an employee for wages, overtime pay, or otherwise violates California labor laws.
The Securities & Exchange Commission's whistleblower program is proving itself to be a force to be reckoned with.
Next year, foreign citizens in Russia will be more protected from the medical point of view. The Ministry of Labor has prepared a project under which employers next year will be to deduct contributions to the social security fund for foreign workers in the amount of 1.8% of the salary fund.
For repeated violations, organizations in Russia illegally employing foreign nationals or stateless persons will be held criminally liable; and the relevant bill had been submitted to the Duma.
Employers may be required to notify the tax authorities of the employment situation of foreign workers in the three-day period, the relevant bill was submitted to the Duma.
Testing of foreign citizens in the Russian language, history and basic understanding of Russian law. In the Public Chamber of the Russian Federation the issue of control over the organization where foreign citizens are tested for knowledge of Russian language was discussed. This issue is particularly relevant in relation to foreign citizens who hold certification, but are not able to speak in Russian.