Employment Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.
February 4, 2016 By Gehres Law Group, P.C.
The California Labor Code and the Orders promulgated by the Industrial Wage Commission impose various wage and hour requirements on employers for the benefit of their employees. As pointed out by our employment law attorneys, below, employers are well-advised to follow legal requirements in order to avoid potentially devastating penalties which may be assessed against them.
February 4, 2016 By Murphy Law Group, LLC
Court decision may open floodgates for more age discrimination cases.
January 28, 2016 By Murphy Law Group, LLC
Statistics shows that wage and hour lawsuits have risen by 30% since 2011.
January 30, 2016 By Dudkowiak & Kopec Law Firm
Key rules and regulations of Polish Employment Law.
January 22, 2016 By Diamond Law Practice, PLLC
The Defense Base Act is a federal workers' compensation program, which provides medical and wage-replacement benefits to military contractors injured while working on a wide variety of U.S. defense projects worldwide.
January 24, 2016 By Murphy Law Group, LLC
Lawsuit alleged pattern of shortchanging employees of women’s athletics program.
January 22, 2016 By GRP Rainer LLP
While it is of course permissible to criticise one’s employer, excessively abusive criticism can lead to termination of one’s employment contract. It can even potentially justify termination without notice.
January 20, 2016 By HG.org
With the advance in technology, many individuals are able to work for employers completely or partially on a remote basis. They can often stay just as engaged in the workplace with phones, computers and other technological aids. This working relationship complicates questions of liability, such as determining whether workers’ compensation will pay for the injuries sustained by an employee.
January 21, 2016 By GRP Rainer LLP
Employment contracts can be terminated without notice for good cause. Whether a serious cause justifies termination is ultimately decided on a case-by-case basis.
January 21, 2016 By Diamond Law Practice, PLLC
The Zone of Special Danger Doctrine has been the subject of numerous lawsuits under the Longshore & Harbor Workers' Compensation Act, and the Defense Base Act. What is it? How have the courts applied it to claims? Where did it originate?
January 20, 2016 By GRP Rainer LLP
In many cases, it is necessary for an employer to issue the employee in question with a final warning before the former can effectively give notice of dismissal. In the absence of a formal warning, the dismissal may be invalid.
January 21, 2016 By Gehres Law Group, P.C.
The short answer to this question is “sometimes” regarding California state law on the subject of exempt versus non-exempt status of employees. However, before making decisions concerning the status of an employee, and whether to pay an employee a salary, or instead by the hour, an employer should consult with an employment law attorney who handles wage and hour issues.
January 19, 2016 By LeViness, Tolzman & Hamilton, PA
If you were hurt in a workplace accident or have recently been diagnosed with an occupational illness or injury, the actions you take during the first few days will set the tone for the rest of your claim.
January 18, 2016 By CSB Advocates
As a matter of rule, individuals who are not citizens of an EU Member State (also known as Third Country Nationals-TCNs) must be in possession of an employment licence (also known as work permit), in order to both legally reside and work in Malta.
January 19, 2016 By Sidney L. Gold & Associates, P.C.
A New Jersey whistleblower formerly employed by the J-M Manufacturing Company, the leading supplier of PVC pipes in the United States and Canada, is in line to receive over six million dollars from a settlement reached in negotiations with J-M’s parent company, Formosa Plastics Corporation, USA (FPC-USA). The case alleges that the company knowingly supplied sub-standard piping to over 80 plaintiffs in California, Massachusetts, Nevada, and Virginia
January 16, 2016 By Michelman & Bricker
Close to 500 hospitals nationwide are set to pay approximately $250 million to settle allegations under the False Claims Act that they implanted cardiac defibrillators in violation of Medicare rules. One of these hospitals is Lancaster Regional Medical Center located in Lancaster County, Pennsylvania. This settlement demonstrates the importance of health care providers’ strict adherence to Medicare rules when seeking reimbursement.
January 18, 2016 By Sidney L. Gold & Associates, P.C.
The New Jersey Law Against Discrimination (NJLAD) protects employees from discrimination on the basis of sex, race or disability. It also prohibits employers from retaliating against employees who blow the whistle on unlawful practices conducted within the company.
January 22, 2016 By Sidney L. Gold & Associates, P.C.
On November 12, 2015, a class action lawsuit was filed against global oilfield services company, MudTech Services, alleging that the company did not pay overtime wages as required by law. A former MudTech employee has filed the lawsuit individually and on behalf of all other MudTech employees who claim that they were not paid overtime wages.
January 13, 2016 By Murphy Law Group, LLC
An example of how some companies prey on workers who don’t know their rights.
January 12, 2016 By GRP Rainer LLP
Employers have to be careful when applying fixed terms to employment contracts. A temporary employment relationship can quickly turn into a permanent employment contract.
January 14, 2016 By Gehres Law Group, P.C.
There are many nuances in the FLSA on which many employers are not well versed, violations of which can lead to very significant penalties. This articles speaks specifically to the FLSA: Bonuses and Calculating Overtime Pay to help employers avoid such penalties.
January 18, 2016 By Gehres Law Group, P.C.
Most employers are aware that their “non-exempt” employees must be paid no less than the minimum wage prescribed by federal and/or state wage and hours laws. It is less commonly known that some salaried employees must also be paid overtime.
January 13, 2016 By The Law Firm of Jacobson & Rooks, LLC
Business owners have frequently asked whether they should have an employee handbook. Simply put, an employee handbook is absolutely essential for employers of all sizes to have on file. At the time of hire, the new employee should receive the handbook and acknowledge its receipt. An Employee Handbook is an important part of an employer's risk management strategy.
January 14, 2016 By The Law Firm of Jacobson & Rooks, LLC
Confidentiality Agreements, Non-Competes and Non-Solicitation Agreements are often referred to as "Restrictive Covenants." When should they be used? Why are they used?
January 11, 2016 By The Law Firm of Jacobson & Rooks, LLC
Can companies be held liable for retaliating against an individual who has a close relationship with a fellow employee who has engaged in obvious protected activity, but may not have engaged in protected activity herself? The short answer is, it depends on under what law the retaliation took place and how the phrase "close relationship" is defined.
January 10, 2016 By The Law Firm of Jacobson & Rooks, LLC
A current and hot topic in corporate America these days is that of Workplace Bullying. Workplace bullying has become a very serious problem, affecting a large number of employees across the country. In fact, it not only affects the employees themselves that are on the receiving end of the bullying, but it also naturally affects morale within a company as well as the efficiency of an office.
January 11, 2016 By GRP Rainer LLP
According to a ruling of the OLG Oldenburg (Higher Regional Court of Oldenburg), luring employees away from competitors does not constitute a violation of competition law (Az. 6 U 135/15).
January 7, 2016 By Murphy Law Group, LLC
Well-qualified female applicants routinely turned away.
January 8, 2016 By GRP Rainer LLP
According to a ruling of the Bundesarbeitsgericht (German Federal Labour Court), unauthorised private use of an official computer may justify an exceptional notice of termination under employment law.
January 7, 2016 By GRP Rainer LLP
In the field of employment law, refusing to work, including refusing overtime, can justify termination of the employment contract. That was the decision of the LAG [Landesarbeitsgericht] Mecklenburg-Vorpommern (Regional Labour Court of Mecklenburg-Western Pomerania) (Az.: 5 TaBV 7/14).
German Successive Fixed-term Employment Contracts Do Not Automatically Give Rise to Right to Permanent Position
January 5, 2016 By GRP Rainer LLP
According to a recent ruling of the Landesarbeitsgericht Hessen (Regional Labour Court of Hesse), successive fixed-term employment contracts do not automatically give rise to a right to a permanent position (Az.: 2 Sa 1210/14).
January 2, 2016 By GRP Rainer LLP
In the field of employment law, a notice of termination is considered to have been received if it has entered the sphere of control of the recipient, who was thus able to receive notice of the dismissal.
December 29, 2015 By GRP Rainer LLP
Owing to its authority to give directions, an employer is allowed to designate the place where work is to be performed if no other arrangements have been made in the employment contract. That was the decision of the LAG Rheinland-Pfalz (Regional Labour Court of Rhineland-Palatinate).
Trying to Get Staffers to Work Off-the-Clock Backfires Big Time; Company Pays $3.1 Million Settlement
December 24, 2015 By Murphy Law Group, LLC
Employees were paid by the task rather than actual time spent working.
December 19, 2015 By E.S. Borjeson & Associates
An office holiday party is compulsory in most American businesses. According to a recent poll of human resources departments across the country, an estimated 90% of companies will gather after hours for merriment and good cheer this holiday season. Depending on the location of an office holiday party and whether or not alcohol will be served, Philadelphia Workers’ Compensation lawyers say that liability for work accidents occurring during or after the festivities should be a concern.
December 17, 2015 By HG.org
Many employers require an employee to give two weeks’ notice in order for that employee to be eligible for rehire. By providing this notice, the employee is informing the employer of his or her plan to leave employment. Generally, employees are not entitled to unemployment benefits if they voluntarily quit their job. However, this idea becomes murky when the employer terminates the employee before the employee has the opportunity to leave by the designated date.
December 17, 2015 By Hennig Ruiz Law Firm
Are you being harassed at work due to your sex or gender? If so, you may be able to file a workplace harassment complaint. Not only does California law protect employees from workplace discrimination and retaliation, but also a variety of forms of harassment in the workplace However, it can be difficult to know what exactly your rights are when it comes to sex and gender harassment in the workplace.
December 17, 2015 By CSB Advocates
Recently a case was brought before the Industrial Tribunal by an aggrieved employee who had his employment terminated after being in employment for six years pursuant to an indefinite contract with Maltco Lotteries Limited.
December 15, 2015 By Berger Kahn, A Law Corporation
If you are a piece rate employer you may know about two recent cases: Gonzales v. Downtown LA Motors, 215 Cal.App.4th 36 (2013) and Bluford v. Safeway, Inc., 216 Cal.App.4th 864 (2013). In those cases California appellate courts made two crucial holdings regarding piece rate payment systems.
December 11, 2015 By Murphy Law Group, LLC
Staffer returned from maternity leave – only to find her job had been filled
December 10, 2015 By Dinova Rusev & Partners
There are substantial amendments to the Bulgarian employment law and particularly to the Labour Code (“LC”)1 effective from 17th July 2015. Some stylistic amendments modernizing the legislation are also introduced. In view of these novelties in the legal framework, this alert aims at presenting highlights on the most important employment law changes.
December 9, 2015 By HG.org
Nearly 30 million Americans have diabetes today. Medical and treatment advances have allowed people with diabetes to maintain long and productive lives, at school, at home and at work
December 3, 2015 By Murphy Law Group, LLC
In a case that’s nearly too crazy to believe, a boss who pulled a gun on a worker got a pass in court, while the worker was dinged for not filing a form.
December 2, 2015 By Law Offices of John Howley, Esq.
Diagnostic Pathology Group Pays $500,000 to Settle Allegations that Physicians Were Given Electronic Medical Record (EMR) Software in Exchange for Patient Referrals
November 29, 2015 By Law Offices of David S. Rich, LLC
The elements of a cause of action under the New York Whistleblower Law.
November 29, 2015 By M F Ejchel
When a foreign worker provides services in Brazil the laws governing the contract are the laws of the country of origin or the laws of Brazil? This special article is about the foreign employment in Brazil and principles adopted by the Brazilian Labor Court on the demands arising from those relationships.
November 25, 2015 By Murphy Law Group, LLC
What Pennsylvania law says about why you can and can’t be fired.
November 25, 2015 By Laffey, Bucci & Kent
Each year, over 4,500 workers are killed in this country. While the number has decreased since the 1970s, the annual number has remained steady for the last decade. Workers' compensation laws often fail to protect workers from serious work hazards. The exclusivity provision of workers' compensation laws in most states prevents injured workers from bringing lawsuits against their employers. This tends to create a situation in which employers often ignore critical safety regulations.
November 20, 2015 By HG.org
When a person quits or is terminated, he or she may believe that he or she is entitled to the last paycheck immediately. However, this is often not the case. The employer may have a certain amount of time to provide this check to the employee. However, if the employer refuses to pay the employee for the hours he or she worked, the employee may have legal options to recover these unpaid wages.
November 20, 2015 By HG.org
Due to the difference in the levels between employers and employees, an employer may sometimes try to take advantage of this greater power by requesting an employee to commit some illegal act to further business or personal interests.
November 19, 2015 By Brain Trust International Law Firm
Taiwanese Ministry of Labor published model rules for Labor Relationship on October 5th, 2015. When an employer would like to protect the business interests and an employee would like to know his/her rights after an employment contract is terminated, this article explains the new model rules which both the employers and the employees should pay attention to.
November 18, 2015 By Murphy Law Group, LLC
Employee is harassed after not acting like a “man’s man”.
November 17, 2015 By Delchev & Partners
A general principle of the Bulgarian labour law related to the secondment of employees from Bulgaria is the prohibition of a unilateral amendment by the employer of the employment agreement, a substantial element of which is the place of work.
November 18, 2015 By Murphy Law Group, LLC
Why it’s important for expectant mothers to know their rights.
November 8, 2015 By Sidney L. Gold & Associates, P.C.
A commissioned salesperson at Nevada-based Liberty Chrysler, Jeep, Dodge LLC, was fired by the company after she notified her employer that she had recently been diagnosed with multiple sclerosis.
November 8, 2015 By Sidney L. Gold & Associates, P.C.
In light of the U.S. Supreme Court’s recent ruling in Obergefell v. Hodges, the landscape for employer-based benefits for same-sex couples has been significantly altered.
November 8, 2015 By E.S. Borjeson & Associates
A September, 2015 ruling by the Pennsylvania Commonwealth Court has changed the ways an Impairment Rating Evaluation (IRE) will be used in Pennsylvania Workers’ Compensation cases.
When some employees receive favored treatment, it’s important to look at why
On 3 June 2015, the development of the tort of harassment in Hong Kong took another turn when the High Court in Lin Man Yuan v Kin Ming Holdings International Ltd and Anor recognized that there is such an action for harassment in Hong Kong.
Advances in technology have significantly changed the workplace in the past five years or so.
Yesterday, the Colorado Supreme Court ruled that employees can be fired for using medical marijuana when they are off the clock.
The Landesarbeitsgericht Köln (Regional Labour Court of Cologne) has ruled that insulting one’s superior on one occasion does not by itself justify termination of an employment contract (Az.: 11 Sa 905/13).
Providing community association management services to community associations is highly competitive.
What Pennsylvania law says about hourly employees’ rights to meal breaks.
Employers come into receipt of many variations of confidential information. This may be by receiving medical documents, disciplinary reports or complaints of alleged misconduct. An employer generally has a duty to safeguard information that is private to the individual employee.
The Philadelphia Fair Practices Ordinance offers protection you may not be aware of.
Sometimes two employees may suffer similar injuries but may be treated differently. This may make the worker who appears to receive less favorable treatment believe that he or she is being treated unfairly. However, there are several legitimate reasons why such differences may emerge. Discuss the following issues with an employment law attorney if you would like to know more about your rights.
According to the LAG Rheinland-Pfalz in its ruling of May 20, 2015 (Az.: 7 Sa 694/14), it is possible for a sick employee to be dismissed as long as his illness is not the reason for the dismissal.
Sometimes bad things can happen and will influence your life and job; things that will require your full dedication and attention; and things that will require you to leave your job for a certain period of time. Many people are worried when it comes to this situation not knowing that in many cases they are protected by the law and that they will not lose their job.
Female staffer complained about supervisor’s inappropriate conduct, but company wouldn’t address the problem
California workers' compensation makes available to the injured worker a bundle of insurance benefits. The purpose of those benefits is to help the hurt employee recover from their injury by providing medical care as well as financial benefits to offset temporary and permanent earning loss that results from a work related accident injury. This article outlines the different benefits that are potentially available to the injured worker under California law.
With a salary usually come many benefits. A salaried worker may receive paid time off, additional medical days, holidays off and other distinct advantages. This position is often associated with a position higher in the company. However, there can be some drawbacks to being a salaried worker. In some situations, employers give this status to employees in order to avoid paying more money for overtime benefits. However, doing so can be a violation of the Fair Labor Standards Act.
Researchers from Temple University say employees lose up to $32 million per year.
Are the rights and protections granted to workers under Thai labor law applicable to foreigners who work in Thailand without a work permit? Despite the fact that such foreigners are working in Thailand illegally, Thai Labor Court rulings appear to support the policy that they are still protected under Thai labor law. Furthermore, although the Thai Supreme Court has not addressed the issue in substance, previous decisions of the Court also appear to support the aforementioned policy:
Workers’ Compensation is a statutory system of providing benefits for physical harm that arises in the course and scope of (i.e., during) employment.
Most states and employers are at-will in nature, meaning that an employer can fire an employee for any reason so long as it is a legal reason. While some leave laws protect employees from being fired or give employees the right to take time off work, these protections are not absolute. Whether you can be fired while on medical leave depends on the type of leave that you are taking and other factors.
The employment of persons with disabilities is currently regulated by the “Persons with Disability Employment Act” (Chapter 210 of the Laws of Malta), and at the same time the Employment and Training Corporation (ETC) has set up and to date maintains a Register of Persons with Disability.
Unscrupulous employers may count on workers not knowing their rights
No employer wants to hear that an employee is alleging that he or she is the subject of harassment or discrimination. But, when it happens (and it likely will sometime), how an employer handles the situation can make the difference between resolving the matter and potential litigation. Here's a roadmap for employers.
Your employer’s obligation to keep you safe at work.
Most states and employers operate under an at-will system in which employers can terminate employees for any reason and employees can quit for any reason. However, employers cannot terminate employees for an illegal purpose, which may or may not occur if an employee misses one day of work. The reason for missing work and the terms of employment largely dictate whether an employee can be fired for missing one day of work.
On November 27, 2014 Law No. 5,134, which regulates lawyers’ and solicitors’ fees who work in the City of Buenos Aires (hereafter the “Law”), was published in the Official Gazette.
Woman with chronic health condition sues after her request to work from home was denied.
On January 9, 2015 was published on the Official Gazette Law No. 27.073 (the “Act”), which establishes new regulations on the payment of the second half of the employee’s Supplementary Annual Salary (“SAS”), which is ruled by Section 122 of the Labour Contract Law (” LCL”).
What is the one place most people spend more time in than even their own homes? Even if you discount all those hours staying late at the office when you need to meet deadlines, and consider only the typical 9 to 5 workday, you still spend nearly one-third of your adult life in your workplace.
Losing a friend or loved one is an awful experience, but one through which we will all suffer at one point or another. It is natural to need time following such a loss to collect one’s thoughts, prepare for the departed person’s final arrangements, and otherwise deal with the loss. Unfortunately, while we may all understand these needs on an intuitive level, there is not a legal recognition of this need in most jurisdictions. As a result, bereavement leave is often far from guaranteed.
Hard-to-prove conditions can make work life difficult when employers may not be sympathetic
The contracts that your business has with its landlords, clients, employees, vendors and/or suppliers are the components that help create the framework of your company. Everything your organization does depends on the protection and support of the terms and conditions in its contract (s).
Violence is rarely the answer, and this is especially true in the workplace. Yet, physical attacks can and do occur every day. When they happen at work, this creates a whole suite of considerations that can make the experience even more worrisome and problematic.
Chicago staffing firm accused of knowingly placing women in hostile work environment.
Gender discrimination claims in the employment context are governed by state and federal laws. Rulings from 2012 and 2015 have expanded the interpretations of legislature on the subject.
Feds issue new guidance on misclassification of workers.
Is is true that the company can not fire pregnant employees in whatever situation?
Bad Faith Warning and Termination of an Employee
Employment and Training Corporation (ETC) has recently published new guidelines on employment licenses (also known as the work permits) issued with respect to Third Country Nationals who wish to reside and work in Malta.
Federal agency says discrimination against LGBT employees is equivalent to sex discrimination.
By Karbal & Co.
Prior to the growth of the foreign workforce in the United Arab Emirates at the beginning of the millennium, an employer was only required to pay a few hundred dirhams to obtain a health card for its employees to be treated at medical facilities.
When the FMLA and the ADA collide, it’s important to know which laws pertain to you
A state law requires Pennsylvania employers provide Workers’ Compensation insurance for employees in the event of a work related injury.
Debate over whether certain workers qualify as employees or independent contractors is nothing new.