Employment Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Employment.
September 28, 2016 By Murphy Law Group, LLC
Thousands of Chipotle employees say they were cheated out of their pay.
September 28, 2016 By Sidney L. Gold & Associates, PC
Congressional leaders are in heated arguments over a proposed bill that would protect religious freedom, but could also allow members of the LGBT community to suffer legal discrimination. The proposed bill titled, The First Amendment Defense Act, would prohibit anyone from bringing legal action against a person exercising their religious beliefs.
September 28, 2016 By Donovan & Ho Advocates and Solicitors
Can you terminate an employee for sleeping on the job?
September 27, 2016 By Schmidt, Kirifides & Rassias
How does an obligation to pay child support impact someone’s right to workers’ compensation benefits?
September 27, 2016 By Schmidt, Kirifides & Rassias
Can an injured worker pursue a claim for pain and suffering through a civil lawsuit alleging negligence; or is the injured worker limited to just a claim for workers’ compensation benefits?
September 22, 2016 By GRP Rainer LLP
In order to effectively issue ordinary notice of dismissal for reasons relating to conduct, it is often necessary for the employer to have previously issued a formal written warning.
September 16, 2016 By Murphy Law Group, LLC
What employees need to know about unlawful retaliation
September 13, 2016 By Sidney L. Gold & Associates, PC
The Americans with Disabilities Act of 1990 (ADA) was an iconic step in the right direction for the civil rights of individuals with disabilities. Under the ADA, those who had previously been negatively impacted by discrimination in the workplace could benefit from federal protection.
September 13, 2016 By Sidney L. Gold & Associates, PC
Employment discrimination, while it can take on various forms and different levels of severity, is always illegal in the eyes of state and federal laws. Title VII of the Civil Rights Act of 1964 ensures that no individual is to be discriminated against in the workplace based on “race, color, religion, sex and national origin.” While the Civil Rights Act has protected employee rights for over 50 years, much remains to be done.
September 12, 2016 By Sidney L. Gold & Associates, PC
Americans in the Lesbian Gay Bisexual and Transgender Community (LGBT) have fought for and won many rights in the past few years. While individuals in the LGBT community and their allies have made progress, much remains to be accomplished.
September 7, 2016 By Murphy Law Group, LLC
What workers need to know about their rights to free speech online
September 7, 2016 By The Moynahan Law Firm
People often wonder whether there is any difference between a workers’ compensation and a typical personal injury case. While there are numerous smaller or technical differences, there are two major differences, which cannot be minimized.
September 2, 2016 By Murphy Law Group, LLC
Employee suing over allegedly unfair pay deductions.
September 1, 2016 By Ketenci & Ketenci
With the increasing flow of FDI into Turkey in the past decade, the number of international employees have substantially escalated within the Turkish companies. In 2003, the government introduced the previous Law on the Foreigners’ Work Permit (No. 4817) in order to meet the needs of the market by allowing the employment of the foreign employees and to comply with the relevant international standards.
August 25, 2016 By Hammond, Minciu and Associates
Whilst the protection of Know-how and Trade Secrets is usually covered in local law there is often confusion as to how this will translate internationally and how will clauses covering this in a contract governed by one law be considered in another jurisdiction.
August 24, 2016 By Sidney L. Gold & Associates, PC
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is legislation that provides guidelines and practices for the safeguarding of private medical information. Most familiar to the general public is HIPAA’s Title II, which established national standards for the electronic access and transmission of personal health care information.
August 22, 2016 By Murphy Law Group, LLC
Employee awarded $550K for pregnancy discrimination.
August 19, 2016 By GRP Rainer LLP
Video surveillance at the workplace does not inevitably give rise to claims for damages. That was the verdict of the Landesarbeitsgericht (LAG) Sachsen-Anhalt [Regional Labour Court of Saxony-Anhalt] (Az.: 6 Sa 301/14).
August 18, 2016 By GRP Rainer LLP
Unauthorized private use of a work computer can justify dismissal without notice. That was the verdict of the Landesarbeitsgericht (LAG) Sachsen-Anhalt [Regional Labour Court of Saxony-Anhalt] in its ruling of May 26, 2016.
August 17, 2016 By Felahy Employment Lawyers
What are gag rules? Is there one on the books in your workplace? A lot of bosses put these kinds of rules in place without knowing that anything is wrong. But actually, preventing employees from discussing wages and working conditions with one another is against the law.
August 17, 2016 By Sidney L. Gold & Associates, PC
A restrictive covenant is a contractual agreement between an employer and employee that can significantly limit the employee’s future earning potential. The terms and conditions of a restrictive covenant are binding and can impact where an employee can work, limit who they can work for, and prohibit them from contacting former clients or coworkers once they terminate their employment.
August 18, 2016 By E.S. Borjeson & Associates
If you have been exposed to harmful toxic chemicals, you could be eligible to receive benefits through Workers’ Compensation. The benefits do not depend on whether the injury or disease was caused in a one-time exposure that was significant, or if injury occurred as a result of long-term exposure, which is most often referred to as an occupational disease.
Despite all of the progress America has made in the past 50 years with the Civil Rights Act of 1964 and the Equal Pay Act of 1963, sexual harassment and the glass ceiling still pose a threat to females in the workplace. Many women return to work after maternity leave to find their compensation altered or their position changed.
In today’s day and age, it is easy to assume that many of the hot button issues of days past have come and gone. The same jokes used in Hollywood films years ago are no longer regarded as funny, and each day women have more career and educational opportunities.
It seems that most physicians do not have a favorable opinion of the physician self-referral provisions, known as the Stark Law. The Stark law is actually three separate provisions that govern self–referral for Medicare and Medicaid patients.
Currently, Title VII prohibits employers from discriminating against employees on the basis of sex, but does not explicitly cover sexual orientation or transgender status. The Equal Employment Opportunity Commission (EEOC) has taken a continuously expansive view of Title VII, aggressively enforcing violations of all types of sex discrimination.
August 10, 2016 By Murphy Law Group, LLC
Working more than 40 hours per week without extra compensation is part of the deal if you’re an exempt employee. But what if you suspect that you’ve been misclassified? Then, having to work additional hours can really sting.
August 16, 2016 By AM Oktarina Counselors at Law
Maritime Labour Convention 2006 is a global milestone for the maritime industry. However Indonesia has not yet ratified this particular convention. Under this article we will see how the MLC 2006 contemplated a higher standards and more strict requirements for shipowners in comparison with the Indonesian Law No. 7 Year 2000 concerning Seafarers.
Was it Horseplay or Sexual Harassment? Worker Claims Male-on-Male Antics Created Hostile Work Environment
August 4, 2016 By Murphy Law Group, LLC
Supervisors participated in inappropriate behavior Joking on the job can certainly be a morale booster … but if it goes too far, serious problems can arise.
August 4, 2016 By Sidney L. Gold & Associates, PC
Facing sexual harassment can be uncomfortable and humiliating. When many people think of sexual harassment, they think of catcalls or jeers directed at women. Although this type of behavior certainly qualifies as sexual harassment, it far from defines it.
August 4, 2016 By GRP Rainer LLP
Official instructions from one’s superior do not automatically amount to bullying. That was the verdict of the Landesarbeitsgericht Niedersachsen (Regional Labour Court of Lower Saxony) on February 3, 2016 (Az.: 2 Sa 441/15).
August 4, 2016 By DiTomaso Law
If a slip and fall accident results in injury at a gym or health club, it may not occur to you at first that you may be eligible for compensation. However, any time you are injured and someone is at fault, you can seek damages for the medical attention, lost wages, and other financial losses that may incur, whether it is a business, sidewalk, or a private residence.
August 2, 2016 By GRP Rainer LLP
If an employee fails to observe the required written form when claiming parental leave, the employer is entitled to dismiss the employee. That was the verdict of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court (Az.: 9 AZR 145/15).
August 2, 2016 By GRP Rainer LLP
When it comes to fixed-term employment contracts linked to a specific assignment, employers need to take care and precisely define when the assignment in question has been fulfilled. Temporary employment can otherwise turn into a permanent position.
August 1, 2016 By Jurado & Farshchian, P.L.
Before you hire independent contractors, consult with a qualified business attorney to be sure you will comply with IRS regulations. Your attorney can help you draft a written contract that details the duties of the contractor and keeps you on the right side of the law.
July 28, 2016 By Murphy Law Group, LLC
Four female employees say they were targeted for complaining about their supervisor
July 21, 2016 By Hammond, Minciu and Associates
Being an employer in any jurisdiction seems to become more complicated as time goes on. I was recently reminded of this when we were advising an international client of the Firm on employment issues in Romania.
July 19, 2016 By Murphy Law Group, LLC
What employees need to know about the Pennsylvania Wage Payment and Collection Law
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently updated its sex discrimination rules mandated for all federal contractors. The rule is the first update in over 40 years and clearly defines laws relating to sexual profiling, pay discrimination, leave and accommodations for pregnant employees, gender identity, and leave disparities between men and women for childcare, illness, and family medical leave.
The Children’s Hospital of Philadelphia (CHOP) is facing wrongful termination accusations by a former data center supervisor. The former employee is alleging allegations of retaliation and wrongful termination following being let go by the hospital.
Well-known Classic Rock musician Eddie Money is facing sexual harassment claims as part of a wrongful termination lawsuit filed by his former drummer. In the lawsuit, the plaintiff alleges that Money fired him because of his age and physical issues related to cancer. In a recently filed amendment to the original lawsuit, the drummer also claims that Money repeatedly sexually harassed his fiancée who is also named as a plaintiff.
July 18, 2016 By E.S. Borjeson & Associates
An April 3, 2016 collision on the southbound tracks just outside Chester, Pennsylvania fatally injured two railroad workers. The family of one of those men recently responded by filing a negligence action against Amtrak. According to the complaint filed on behalf of the worker’s two grown children, Amtrak failed to take reasonable steps to avoid the tragedy.
July 18, 2016 By E.S. Borjeson & Associates
Three of the largest Workers’ Compensation insurance companies in California have been accused of hacking into over 32,000 confidential Workers’ Compensation files in a federal lawsuit filed by a California worker. The lawsuit is seeking class action status after being originally filed in April of this year.
July 15, 2016 By Gehres Law Group, P.C.
Employers and employees alike should be aware of the not-so-new litigation device known as the anti-SLAPP motion to strike. This motion, typically filed in the early stages of a case, is designed to strike a Complaint before it gets off the ground.
July 15, 2016 By Morgan & Morgan
When a Memphis worker is injured on the job, they can rely on workers’ compensation for medical benefits, and in some cases, replacement wages. Workers’ compensation laws are complicated, though, and differ from state to state.
July 12, 2016 By Shustak Reynolds & Partners, PC
Last fall, the SEC initiated disciplinary proceedings against financial advisor and self-proclaimed “Financial Myth Buster” Dawn Bennett, accusing her of publicly inflating her client assets under management (or “AUM”) and exaggerating her investment returns.
July 12, 2016 By GRP Rainer LLP
Everything has its limits, including negotiations concerning a wage increase. As demonstrated by a ruling of the Landesarbeitsgericht Schleswig-Holstein (LAG) [Regional Labour Court of Schleswig-Holstein], these can even end with the dismissal of the employee.
July 9, 2016 By HG.org
Accidents often occur in construction sites to workers and managers dealing with material. For the companies that purchase a workers’ compensation package, these individuals usually obtain benefits from these programs to compensate for lack of work, loss of limb, lost income and other related issues. These benefits are normally available no matter who is at fault for the accident.
July 11, 2016 By Carter Capner Law
If you are an employee then you are entitled to compensation in case of an injury. The employer has to make sure his workers are covered by a state-funded insurance. In Queensland, the work cover is usually provided by Work Cover Queensland.
July 8, 2016 By Murphy Law Group, LLC
How at-will employment can be used to disguise discrimination
July 7, 2016 By Galfand Berger LLP
The American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) compiled a report on worker safety, losses and deaths recently. Not only did the report tackle issues of gender, race, job industry and more, but it also exposed the most dangerous states in respect to worker fatalities and injuries.
According to a sociologist from the University of Maine, approximately 70 percent of women and nearly 45 percent of men have experienced sexual harassment at work.
The San Francisco LGBT Center recently launched a new media campaign hoping to encourage employers to hire transgender employees and inspire transgender people to pursue their career goals in the face of LGBTQ discrimination.
The Boston Court of Appeals recently made an important statement about what constitutes sexual harassment when it reinstated a bank employee’s case that the U.S. District Court in Boston has earlier dismissed.
July 6, 2016 By Sidney L. Gold & Associates, PC
According to a recent analysis of executive compensation by Equilar and the Associated Press, wage equality between male and female CEOs is moving in the right direction.
July 6, 2016 By GRP Rainer LLP
Persistent refusal by an employee to perform his work duties as laid out in the employment contract can give rise to extraordinary and immediate dismissal. That was the verdict of Germany’s Federal Labour Court, the Bundesarbeitsgericht (BAG).
July 6, 2016 By GRP Rainer LLP
If an employment contract includes a collectively agreed limitation period, any claims need to be asserted in writing within said period of time vis-à-vis the opposing party to the claim.
July 3, 2016 By HG.org
Employment lawyers provide a variety of services to employees and employers. Some of the common tasks that lawyers in this practice area help with include:
July 3, 2016 By HG.org
Employees who are injured on the job are usually entitled to workers’ compensation benefits. However, there are exceptions to this general rule. Additionally, complexities can arise in certain cases, including those that involve injuries that happened off the clock or during a break.
July 2, 2016 By HG.org
Heart and back problems are common for many Americans. When a person suffers an injury or illness related to the heart or back, it is sometimes caused by work. Manual labor jobs are often associated with these medical conditions and related injuries. Heart and back problems are two of the most common health-related issues.
July 1, 2016 By HG.org
Many American workers work a job in which they do not have to report to a central job location each day. They may work out of a home office, on the road or in another location. They keep in touch with their employer through telephone, Internet and other methods of communication. While this type of work can provide benefits for both the employee and employer, workers may be confused about their rights when they sustain an injury out of the traditional workplace.
July 1, 2016 By HG.org
Hazards are everywhere for those that work in the airline industry. Ever present dangers pose a threat to safety at the jobsite. Injury may be the result of these dangers for these employees and others. Individuals who are injured at work may be able to receive compensation under the workers’ compensation program.
EEOC files suit against Pennsylvania employer; Baltimore company settles for $202K
Governing Laws and Decrees: Employment matters in Egypt are primarily regulated by the following legislative sources: Law No. 47 for the year 1978 governing civil servants; Law No. 48 for the year 1978 governing public sector employees; Law No. 203 for the year 1991, addressing special requirements for employees working in the public commercial (business) sector of the State; Law No. 12 for the year 2003, regulating relationship between employers and employees in private sector.
Individuals who are injured at work typically file a workers’ compensation claim if they want the employer to take financial responsibility for the injury. While an employee does not have to show that the employer was negligent and caused the accident, evidence of this characteristic can have legal significance.
Many Americans deal with work-related depression on a normal basis. Often those inflected with this malady find the cause to be their job, even if it is exciting or enjoyable. Mental issues and mental health instances tend to be common in various work industries.
Women secretly recorded her boss during termination meeting.
Workers’ compensation covers work-related injuries and illnesses. Whether a particular injury or illness is covered by workers’ compensation varies as each state has its own workers’ compensation system and unique definitions.
American workers are entitled to a safe workplace as required by the Occupational Safety and Health Administration. One way that this right is protected is by requiring employers to report certain work injuries so that problems can be identified and resolved as they arise. However, many employers may underreport work injuries to the detriment of their employees.
Many buildings were constructed with asbestos insulation in the past. After the discovery that the material is hazardous to humans, many companies have endeavored to remove as much of the material as possible. It is when the removal becomes dangerous to workers that health and safety should be reinforced.
Many insurance policies are drafted with confusing and technical terms that appear in denial letters. This is why it is important to hire a lawyer who practices disability law and can help you understand the meaning of these terms and why your claim was denied, and of course, represent your best interests.
A former employee of TMP IPSCO Koppel Tubulars LLC has filed a class action lawsuit, alleging that the tubular producer company unlawfully terminated employees and withheld wages and benefits.
In the United States, employees have the right to work in a safe environment. The Occupational Safety and Health Administration establishes guidelines and investigates workplace accidents. In order to encourage reporting companies that violate established principles, OSHA provides protections to individuals who have alerted the agency of certain violations.
Approximately 2.7 million workers in the United States are considered “temporary workers.” This makes up ten percent of the American workforce.
Restaurants may be dangerous places for both workers and customers. Accidents happen in the kitchen often, but mishaps may occur in the dining area as well. Various factors may cause these incidences, but many of the circumstances are preventable.
Working at night is a common occurrence for over two million Americans. While there may be some benefits such as higher wages due to the shift, there are many drawbacks as well. The absence of any management may be one disadvantage when any type of injury is sustained. With less or the total lack of supervision, many workers may take risks not necessary for workers of other shifts.
On May 17, 2016 whitehouse.gov announced sweeping changes to Department of Labor policy when it comes to worker eligibility for overtime pay, or rather, one major change is being made that will have a sweeping effect across the country for the coming decade.
California's so-called right to die law went into effect June 9th, and its potential ramifications have been hotly debated between proponents of physician assisted death and disability advocates. Notably, the Disability Rights Education and Defense Fund, a group that seeks to ensure legal help for disabled people, has released an in-depth statement expressing vehement opposition to the new law .
Multiple women filed complaints about his aggressive and inappropriate behavior.
The Department of Labor announced a new rule that greatly expands the number of administrative and professional employees who may be paid overtime by their employers. The new rule will take effect on December 1, 2016, making it very important that businesses throughout Florida evaluate employee classifications and make any necessary adjustments to comply with the new laws.
The process of starting a new business can be hard to navigate. Labor laws regulating employer relationships with potential employees can be confusing.
An employer may deny "medical and indemnity benefits" outlined in chapter 440 of the Florida statutes (which provide workers compensation benefits to injured workers) if an employee's drug test is positive for prohibited substances. However, the employer can only do this in most circumstances if they conduct the test according to rules outlined in the statute.
This article lists some sample questions that you may be asked by the opposing counsel in a deposition. The deposition is a legal meeting that carries the same importance as a hearing in front of a judge, so you are legally liable for whatever you say in the meeting. If you are confused or unsure during a question, you are allowed to consult your lawyer. Try your hardest to remember accurate answers, but don't be afraid to admit you don't remember something.
Dr. James Quinn, a professor of surgery and emergency medicine at Stanford University, was accused of stealing trade secrets while working as a consultant for Chemence Medical Products Inc., (Chemence Medical). An Atlanta jury recently ruled in Dr. Quinn’s favor, and found that the company’s lawsuit against him was in bad faith. The jury awarded Dr. Quinn $8.7 million for commissions that Chemence Medical had failed to pay him.
Whistleblowing as corruption-fighter, is also known as a practice that deals with one of the most serious social issues of our time. A whistleblower reports any illicit incidents or corrupt practices. The following questions then emerge:
When an individual is injured at work, he or she may wonder whether to file a workers’ compensation claim or a personal injury claim. There are significant differences between these two options and filing a personal injury claim may not always be an available remedy depending on the circumstances of the case.
Every year, thousands of employees suffer serious injuries or die while performing their basic work duties. One reason for these staggering statistics is because of harm caused by heat.
Sometimes age discrimination can be extremely subtle, but that doesn’t make it legal
Worker’s compensation is not always understood by those that may claim it through work. Due to this lack of knowledge and an employer’s incentive to pay out as little as possible on a claim, injured employees may not receive the entire amount of benefits to which they are entitled.
According to the National Safety Council (NSC), an American worker is injured every seven seconds, with 12,900 workers per day, and 4.7 million a year. As though this rate weren’t alarming enough, this number is projected to grow as 160,000 workers, many of whom were younger, took jobs in April of 2016. While it is reassuring that jobs are opening up after the economic recession, an emphasis on workplace safety is imperative.
Wrist tendonitis occurs when repetitive motion or overuse causes the tendons in the wrist to become inflamed.
Approximately one in 100 employees in America file for Workers’ Compensation benefits each year.
Most people will agree that getting injured or ill on the job can be a physically and emotionally painful experience that often causes employees to miss days, weeks or in some cases, months of work.
A former medical assistant at Bergen Regional Medical Center recently filed a lawsuit against the hospital.
While workplace injuries are typically imagined in occupations where heavy machinery is used or people are working from high heights, office workers often suffer workplace injuries that affect their daily life, ranging from minor to severe. Whether an injury leads to temporary lost work or has a permanent, life-altering effect on the rest of your life, it is imperative to seek damages and compensation as soon as possible to ensure the best outcome for your case.
In 2016, the Associated General Contractors of America (AGC) conducted a survey amongst construction firms and discovered that 71% of those companies planned to add to their workforce. This increase in construction employees calls for a greater need for sustained safety education for both new hires and veterans of the trade alike.
Restaurants often have many hazards that cause work-related injury to many workers each year. By learning about the potential risks in the restaurant industry, employers and employees can take steps to make the workplace safer and prevent injuries.
Being paid cash is only one fact to look at to determine if you are an independent contractor or employee for Kentucky workers' compensation.
Court weighs in on hostile work environment claim