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Employment and Labor Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Employment and Labor.

Managers Are Not Always Exempt from Overtime Pay

To determine whether an employee is exempt from overtime, the law requires more than an examination of the employee's title. Thus, a manager is not automatically exempt from overtime pay.

Supreme Court Gives Green Light to All–in Severance Packages - Belgium

In a recent decision, the Belgian Supreme Court has given its green light for employers to dismiss an employee and to simultaneously agree on an all-in termination package with this employee. Thus, the Supreme Court enables the employer to dismiss an employee in an efficient way that is satisfactory for both the employer and the employee.

Will there Soon Be an Alcohol Lock in Your Company Car? - Belgium

The alcohol lock is making its way in Belgium, including in Belgian labor law. In its one hundredth Collective Bargaining Agreement, the Belgian National Labor Council has enacted the obligation for all Belgian employers to establish a well-conceived alcohol prevention and treatment policy. The installation of an alcohol lock in the employer’s company car park can be introduced in the framework of such a policy.

Illegal Discrimination in Public Accommodations under Hawaii Law

Under Hawaii law, owners and operators exercise authority, control, or discretion over places of public accommodation. In this capacity, owners and operators are subject to liability for unfair discriminatory practices due to race, sex, color, religion, ancestry, or disability by themselves, or their employees and agents.

Responding to a Negative Performance Evaluation

Employers often use performance evaluations to create pretext for terminating an employee. If you believe you have been subjected to illegal discrimination or harassment, filing a response can unmask the illegal conduct and, sometimes, prolong your employment.

California Wage and Hour Update

DLSE Approves Salary Reduction For Furloughed Exempt Workers

Small Firm Management

According to the ABA: At large law firms, there are entire departments dedicated to many of the logistical and administrative aspects of running a law firm. These include managing office space, conducting conflict checks, overseeing HR matters, even making sure the coffee break room is stocked with half-and-half. As sole practitioners, attorneys are responsible for all of these activities, and many others

The Labor Law Of Kuwait

The Article clarifies the application of the Labour Law Of Kuwait and the explains many of its rules and benefits to the employees.

Sexual Harassment – How to Avoid Litigation

  By Gunster
There has been an explosion of employee lawsuits concerning sexual harassment. If you want to improve your chances of defending such a case you must be proactive.

Embezzlement: An Employee Will Not Get Off The Hook By Asserting The 5th Amendment Privilege Against Self-Incrimination

  By Gunster
I am often confronted with a dismayed employer who has realized that a trusted employee has stolen and embezzled substantial sums of money.

Hiring in Taiwan FAQ

Frequently asked questions related to hiring local and foreign employees in Taiwan

Mandatory Arbitration Agreements Unfairly Deny Employee Rights

It has become standard practice for employers to require that prospective employees sign a pre-employment agreement as a condition of accepting a job.

Compensation and Benefits in Belgium: Limiting the Use of Golden Parachutes

This article outlines the state of affairs on the limitations that many politicians announced in the wake of the financial crisis on the use golden parachutes.

Hawaii Employment Law Basics: Anti-Nepotism Policies

Under Hawaii’s employment practices statute, HRS Chapter 378, employers are prohibited from discriminating against applicants and employees alike on the basis of marital status. Discrimination prohibited by Hawaii law includes a refusal to hire, demotion, termination or disparate terms or conditions of employment, because an individual is a spouse of an employee.

Hawaii Employment Law Basics: Medical Examinations and Disability Law

Hawaii law and the Americans with Disabilities Act prohibit employers from discriminating against employees and applicants for employment who have disabilities. Physical examinations cannot be used to unfairly or disproportionately screen out disabled individuals. Employers may not require medical examinations of job applicants until after conditional offers of employment are made. Finally, medical examinations of current employees must be job related and consistent with business necessity.

Federal Computer Fraud and Abuse Act Remedies Potentially Available to Hawaii Employers for Deleted Files

Hawaii employers could have a federal civil remedy available in federal court in addition to the ability to invoke Hawaii criminal statutory law for damage caused to either network or company-owned computers by former employees.

Who Needs a Work Permit in Belgium?

The current article sets forth the basic principles for immigration to Belgium and outlines who needs a work permit.

Hospital Employee's Misuse of Personal Health Information: a Wake Up Call for Hawaii Employers

Hawaii employers covered by HIPAA should review their privacy and HIPAA policies and conduct an audit of their practices in order to protect against the improper use and disclosure of private health information and to reduce the risk of privacy breaches in their own organization.

Hawaii Employment Law Briefing: Hawaii Security Breach and Identity Theft Law Basics

The problem of identity theft in Hawaii is suspected to be much worse than publicized. There have been several high-profile examples of Hawaii businesses experiencing on-line and hard-copy security breaches of private and confidential information of its employees and/or customers, thus increasing significantly the risk of identity theft.

Sexual Abuse Victims are Seeking Civil Compensation with the Help of Personal Injury Lawyers

Sexual abuse is a problem throughout the country and the world. Too many people are becoming victims of this horrific crime each year, some of which are repeatedly abused in their homes, places of employment, and even schools. In fact, statistics show that a majority of sexual abuse victims are assaulted by people very close to them, whether they are relatives, friends, or casual acquaintances.

Employment Law in Hawaii: Employers Increasingly Facing Litigation over English-Only Rules as More Complaints are Filed with the EEOC

Given the amount of attention given to immigration issues on a national scale, the significant increase in national origin claims being filed with the EEOC in the last few years is no surprise. Recently, the EEOC brought suit against a California Nursing Home company that prohibited Spanish-speaking employees from speaking Spanish to Spanish-speaking residents, and also while on breaks or in the parking lot of the facilities.

Practice and Procedures for Termination of Employees in China Due to Financial Difficulties

Under current Chinese law, there are two options available for the employer to reduce its financial obligations to employees based on financial difficulties. The first option, in lieu of dismissing the employee, the employer may negotiate with the employees to adjust the current employment agreement; effectively placing the employee on “holiday status”. The second option would be to simply terminate the current employment contract with the employee.

California Employment Law: Understanding what "Harassment" Means

A California employee who plans to file a harassment action against his employer, must understand the key difference between the term "harassment" as ordinarily used in the language as opposed to the claim for "harassment at workplace" which is a term of art.

DFEH Complaints, EEOC Complaints, DLSE and DIR Complaints for Discrimination, Harassment and Retaliation - How A California Labor Attorney Can Decide Which to File

A California labor attorney has a real quandary when it comes to choosing the right state or federal agency to file a complaint for discrimination, harassment or retaliation. Choices facing the California labor lawyer include the Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC) and the Division of Labor Standards Enforcement (DLSE). This article seeks to guide California attorneys and their clients in that selection.

Discrimination Against Hispanics, Latinos and Mexican Americans, and the Need For More Civil Rights Lawyers in California

As this California Civil Rights Lawyer shows, discrimination remains and there is an increase in hate crimes against Hispanics, Latinos and Mexican-Americans, as one of the perceived symbols of that discrimination, the U.S.-Mexico Border Fence, nears completion. Instead of pulling together in these difficult times, we may see a greater polarization of attitudes, only increasing the need for more civil rights lawyers to protect the civil rights of Hispanics, Latinos and Mexican-Americans.

Life Insurance Claims Denials in San Diego and Orange County and ERISA Appeals in California - You and your Insurance Lawyer Only Get One Chance

As this San Diego and Orange County Life Insurance Lawyer explains, when a life insurance company denies a beneficiary’s claim for the life insurance policy on the death of a loved one, you have a right to appeal that decision. And while you or your California ERISA attorney may still be able to file a lawsuit in federal court, unless your appeal was prepared properly, you will have little chance of prevailing in federal court.

Workers' Compensation

Acquiring compensation for your work injury.

Workers’ Compensation FAQ’s

The insurance company has said that they will no longer pay for my chiropractic/medical bills, how do I get these bills paid now?

How to Get an Employment Work Permit and Visa in Shanghai, China

Chinese government welcomes those foreign investors, high-level administrators and technical staff to work in china. And the normal vacancies are not offered to foreigners. So the foreigners who intend to work here shall have more than 2 years relevant work experience and relevant educational background.

A California Employment Lawyer’s Arsenal of Laws that can Save a Person’s Job, Obtain Damages or Increase the Employee’s Severance Package

Never have there been so many tools for California Employment Lawyers to help the newly fired to either win damages for discrimination or retaliation, save their job or to obtain a better severance package. As discussed by this California Women’s Rights Attorney, the employee manual can be a gold mine in terms of assistance as are the laws enforced by the California Labor Commissioner and Federal Rules such as the Fair Pay Act of 2009.

Redundancy of Personnel - Romania

In the course of running a business and in a financial crisis, employers sometimes have to consider making some of their employees redundant. This is not a situation which is pleasant, but it is necessary and the employer has to ensure that the legal formalities are complied with. This article is intended to provide an outline of, and to draw the reader’s attention to the provisions of Romanian law and possible consequences.

California’s Labor Laws Apply to Work Performed by Non-California Residents in California

  By TroyGould
Must a company employing non-residents of California to work mostly outside of California abide by California overtime pay laws and other California Labor Code requirements for work these non-resident employees perform in California?

One Sure Way to Mess Up Your Unemployment Claim...

…starts before you ever separate from your employer.

5 Tips on How to Survive an Employer's Credit or Criminal Records Check

What information about you can an employer gather?

Cruise Ship Employees Rights

Cruise ship employees can be victim to the same negligence, assaults and injuries as the passengers. More than not the cruise line will try and cover up these incidences.

House Passes Bill Amending ADA

Changes in law likely to include more workers and increase workplace accommodations.

New Guidance from the Pensions Regulator

The Pensions Regulator (TPR) has issued new guidance wanting pension schemes to communicate more effectively and openly with their members.

Protect Yourself with E-Verify: The Key to a Legal Workforce

E-Verify is the free government service designed to validate your employees’ legal status to work for you.

California Protection against Racial Harassment at Workplace

This article discusses several important but not commonly known aspects of California law on sexual harassment at workplace.

New Racial Discrimination Laws in the Hong Kong Workplace

Hong Kong, already has specific laws against discrimination by gender, family status, and disability. Now, through the Race Discrimination Bill racial discrimination in the workplace has been made illegal, and this article explains the provisions concerning employment.

Georgia Workers' Compensation Benefits - What Employees Are Entitled to Benefits?

In Georgia, employees who are hurt while at work are entitled to Workers' Compensation benefits. However, determining whether you are an "employee" under Georgia law can be complicated. Independent Contractors and other types of workers are not entitled to any Workers' Compensation benefits.

Georgia Workers Compensation Benefits - What Cash Benefits Am I Entitled To?

In Georgia, employees who are hurt while at work are entitled to Workers' Compensation benefits. As far as cash benefits go, there are different types of benefits that an injured worker may be entitled to. These include benefits for when you are completely out of work, benefits for when you are earning less money because of your injury, and benefits for permanent damage to part of your body. This article discusses the types and calculation of these benefits.

Georgia Workers Compensation Benefits - What Kinds of Medical Treatment Am I Entitled To?

In Georgia, employees who are hurt while at work are entitled to Workers' Compensation benefits. One of these benefits is any medical treatments necessary to cure you, provide relief, or restore you to suitable employment. However, in return for this valuable benefit there are negatives including the loss of some medical privacy protections and limits on who you can receive treatment from. This article discusses the details of medical benefits under Georgia Workers Compensation.

Injuries Under Georgia Workers' Compensation - What Injuries Are and Are Not Covered?

In Georgia, employees who are hurt while at work are entitled to Workers' Compensation benefits. However, not all injuries are automatically covered by Workers' Compensation. This article covers such topics as - lunch break injuries, pre-existing conditions, psychological illnesses, off-work aggravation of work injuries, and other common work related injuries.

Key Changes Affecting Employers Under the New PRC Labour Contract Law in China

After more than 2 years of consultation and redrafting, the Standing Committee of the National People's Congress finally passed the new PRC Labour Contract Law (the "New Law") on 29 June 2007.

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