Employment Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.
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.
December 26, 2014 By The Law Office of Arkady Itkin
Defining and discussing three of the most important and commonly misunderstood terms in California employment law - wrongful termination, discrimination, and harassment/hostile work environment.
December 19, 2014 By Glasgow, Beattie, Olsson
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.
December 16, 2014 By Brune Law Office
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.
December 11, 2014 By Abad & Asociados Abogados Y Economistas, S.R.L.
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.
December 7, 2014 By LPA Law Firm
Legislative framework and general principles in Albania.
December 3, 2014 By The Evans Law Firm, Inc.
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.
December 1, 2014 By Al Rowaad Advocates & Legal Consultancy
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.
November 25, 2014 By STA Law Firm
Should I not hear, as I lie down in dust, the horns of glory blowing above my burial? Contrad Aiken
November 19, 2014 By HG.org
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.
November 18, 2014 By Angela Wang & Co.
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.
November 16, 2014 By HG.org
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.
November 16, 2014 By Herdem Attorneys at Law
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.
November 9, 2014 By Evanns Collection Law Firm
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.
November 6, 2014 By The Evans Law Firm, Inc.
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.
Simplified Admission to Citizenship of the Russian Federation by Foreign Entrepreneurs and Investors
Russian Ministry of Economic Development has identified economic activities, the implementation of which the individual entrepreneurs and foreign investors are entitled to receive a simple Russian citizenship.
The New York State Workers' Compensation Law provides for indemnity and medical benefits if a claim is found to be work related. One of the more controversial aspects of a work related claim occurs when an injured worker alleges stress, anxiety or depression as a result of employment.
As Turkey maintains economic stability and growth for almost five years, the confidence of the foreign investors raised and new direct investments are executed more often. In this context employee related issues are of consideration to foreign investors and significance of the Turkish Labor Code (‘TLC’) elevate accordingly. Therefore we would like to briefly inform foreign investors regarding the precautions that shall be thought over while hiring and firing employees in Turkey.
An oft-repeated business mantra is “be slow to hire and quick to fire”. Unfortunately, what many managers do not realise is that a “quick to fire” approach also carries significant risks, especially in Malaysia, which does not adopt the principle of “at-will” employment. Trigger happy employers may soon find themselves at the wrong end of a lawsuit if they don’t take the appropriate steps and precautions prior to making the decision to terminate an employee.
Since last 10 years the financial developments and the promising financial and technological progresses notably in energy, tourism and infrastructure sectors have attracted the foreign investors' interest.
When the business faces a cash flow problem, many business owners use the payroll taxes collected but not yet turned over to the IRS.
Recently, a whistleblower failure-of-care claim was settled against a nursing home chain for $38 million. Even nursing home abuse can be stopped with whistleblowing.
Whistleblowers don't normally report fraud for financial gain - they report it because they've been wrongfully retaliated against.
The State of California enacted a workers' compensation system to provide benefits on a no-fault basis for those who sustain injury arising our of and in the course of employment. However, there are circumstances where workers' compensation is not available.
The Securities Exchange Commission has investigated over 686 whistleblower cases in this year alone - the highest amount since 2011.
The California Legislature enacted specific provisions of the Labor Code to create a higher threshold of compensability for psychiatric injury under workers' compensation law.
When whistleblowers report fraud within hospitals and pharmaceutical companies, they may also unknowingly stop risky medical practices.
Literal meaning of severance or gratuity is a favor or gift, usually in the form of money, given in return for service. In other words a sum of money offered to certain service sector workers for a service they performed or anticipated.
It may seem to run contrary to common sense, but it is possible to collect both workers' compensation and unemployment benefits. However, an injured worker should be aware of the limitations of each program.
A record amount of $30 million was awarded to an overseas whistleblower for providing key information to detect an ongoing fraud.
Seven whistleblower suits against Community Health Systems and associated entities was settled in August for $98 million.
The California Family Rights Act was created to protect employees going on leave as a result of the following circumstances: childbirth; placement of a child in the employee's family for adoption; for the serious health condition of the employee's child, parent or spouse; and for the employee's serious health condition.
Attorney General Holder proposes an increased cap for awards to Wall Street whistleblowers.
Iowa limits the benefits you can receive if injured on the job to specific categories of benefits.
Sharing inside knowledge, trader sounds the alarm on behavior that could put ‘everyday investors’ at an unfair disadvantage
Amendments to the IRS whistleblower program as of August 12, 2014.
Most of the foreigners trying to work in the United States. H1B visa is a non immigrant visa, but five immigrant visas allow foreigners to work in the United States and also get many immigration benefits through these EB visas. 1,40,000 visas allocated for every fiscal year. Highly skilled professionals, research professionals, professors and who has extraordinary abilities they can get higher priority
On July 1, 2014, several new labor laws took effect that make significant changes in important categories such as minimum wage, paid family leave and background checks in the state of California that you need to know about.
Whistleblowers now have up to five years to report fraud, abuse or waste.
The determination of whether an injured worker is an independent contractor or an employee involves a variety of tests and factors. The ultimate decision is critical, as it can determine whether benefits under the New York State Workers' Compensation Law are payable by the employer.
In Hong Kong, under the common law doctrine of privity of contract, a person cannot acquire and enforce rights in a contract to which he is not a party nor can he be made liable under that contract. Therefore, only those who signed a contract are entitled to sue or be sued on it.
You are legally entitled to receive the wages promised to you. Additionally, you may be entitled to additional benefits and penalties if your employer refuses to pay you in violation of local or state law. If you have not received your pay, the following courses of action may be available to you to help recover your wages.
If you are a victim of wrongful termination, you may have a case against your former employer. A successful lawsuit may mean that you have the right to recover back pay, statutory damages and expenses that you incurred to find another job.
Whistleblower Janet Keyzer awarded $730,000 after being wrongfully terminated for reporting unethical research methods used at UC Davis.
The statute of limitations provides a time limit in which a plaintiff can bring a lawsuit without it being time barred by the court. With few exceptions, if this time limit passes, the plaintiff will be forever barred from bringing the suit. Like other types of claims, there is usually an applicable statute of limitations.
Can an employer retaliate when a worker files an OSHA complaint or files for workers’ compensation benefits?
The compensation structure is the most interesting thing in a group medical practice (at least for me). In this article I offer a few compensation structures for your consideration. Read on, friend, if eat-what-you-kill sounds like your cup of tea.
Whistleblowers brought two False Claims Act lawsuits for Medicare fraud against UnitedHealth Group, Inc. the first in 2011 and the second in 2014. The U.S. Department of Justice joins these whistleblower lawsuits against UnitedHealth Group, Inc. for Medicare fraud.
Age discrimination is an employment issue that is commonplace in Los Angeles, California. It involves subjecting an employee who is 40 years of age or older to discriminatory actions in any aspect of his or her employment, from hiring to termination. But like any other form of discrimination in the workplace, it is considered illegal under prevailing federal and state laws.
An amendment to our laws, now makes it illegal for employers to discriminate against transgender individuals, on grounds of sex. Prior to August 2014, the law only made reference to sexual orientation, without specific reference to those who underwent gender reassignment.
An employee injured in New York State will likely have to decide whether to retain a workers' compensation lawyer to assist in the claim. For a myriad of reasons, more often than not it makes sense to secure the services of an experienced attorney.
Each year thousands of U.S. workers die and millions more are injured in workplace accidents. In fact, according to the Bureau of Labor Statistics, there were 4,383 fatal work accidents and 3.7 million nonfatal work injuries in 2012.
This article discusses the question which is frequently posed wether a forein company can employ workers in Belgius.
Abuse of sick leave entitlements is not a new issue in Malaysia. Employers and employees alike should ensure they are fully educated on the laws surrounding sick leave entitlements.
The Malaysian Personal Data Protection Act 2010 (“the Act”) came into force on 15 November 2013. With it, businesses in Malaysia are now faced with additional responsibilities and requirements when it comes to dealing with personal data of their employees, suppliers, and customers. This article summarizes the key issues to note under the Act.
A guide for both employees and employers in Philippine Labor setting concerning payment of separation pay.
It is common knowledge that lawsuits brought by current or former employees are generally bad for an employer’s business. Employee lawsuits not only disrupt the daily operations within the company or organization, but they also are extremely costly to defend.
Retaliation takes place when an adverse action is taken against an employee for filing a complaint of discrimination or assisting another employee in his or her complaint of workplace discrimination.
The Family and Medical Leave Act of 1993 (“FMLA”) provides up to 12 weeks of unpaid leave to an eligible employee for his or her own serious health condition or the serious health condition or military service of a family member.[i]
Fourth Circuit Broadens Definition of Disability Under the ADAAA to Include Temporary Impairments - Article on a recent decision by the Fourth Circuit Court of Appeals on a disability discrimination case and the interpretation of what types of temporary impairments constitute a "disability" under the Americans with Disabilities Act ("ADA").
Labour law is a wide field that features many pitfalls. Of particular importance is, for example, the conclusion of the employment contract as well as termination giving due notice.
The New York State Workers' Compensation Law is, in essence, a form of social insurance. The intent of the compensation statute is clear: protect and compensate employees injured at work.