Employment Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.


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The Status of Independent Contractor vs. Employment Relationship

  July 24, 2014     By Palmer Kazanjian
The issue of whether a worker is an independent contractor or an employee is currently on the minds of many business owners. In fact, the California legislature has recently established a strong disincentive for wrongly classifying individual workers as independent contractors.

Know the Laws that Prohibit Employment Discrimination on the Basis of Sex

  July 21, 2014     By Law Offices of Jual F. Reyes
Sex discrimination is one of the most prevalent issues in the realm of employment. It involves preferential treatment favoring the male or female sex. The most common example of such discrimination is an employer’s preference of male employees over their female counterparts in various aspects of employment.

Truck Drivers and Work Related Injuries in New York State

  July 15, 2014     By Brune Law Office
There are a variety of injuries and illnesses suffered by workers in New York State. In addition, although it is fairly common to see neck and back injuries in strenuous occupations, even the most sedentary jobs can result in the development of serious orthopedic problems. It is clear, however, that certain jobs present with an increased risk of injury.

FEHA Regulations Covered Employers Must Comply Within California

  July 14, 2014     By Law Offices of Jual F. Reyes
The state of California is one of the most liberal states in the country with respect to protecting employee rights in the workplace. In this regard, the failure to comply with state laws puts employers at risk of being sued in civil court and/or being the subject of investigations based upon employee administrative complaints submitted to state and/or local government agencies.

Disability Discrimination in California: FAQs Finally Answered

  July 11, 2014     By Law Offices of Jual F. Reyes
Pursuant to the Fair Employment and Housing Act (FEHA), California employees with disabilities are protected from workplace discrimination, harassment, and retaliation. However, while the FEHA protects disabled employees all over the state of California, not all employees are aware of its coverage.

Nailing Down Independent Contractor Status

  July 11, 2014     By Berger Kahn, A Law Corporation
Although percentage-based pay may create desirable incentives from an employer’s standpoint (and eliminate the need to pay employees for down time), this strategy can result in significant potential liability, including possible exposure to class action lawsuits. This may even be turning into a nationwide trend (with salon workers pursuing similar wage and hour claims in New Jersey and New York).

Employer Actions That Violate California’s Overtime Law

  July 9, 2014     By Law Offices of Jual F. Reyes
California’s overtime law provides that every non-exempt worker is entitled to receive one and one-half times the regular rate of pay for every hour they work over 8 hours per day and/or 40-hours per workweek. If employers perform work over 12 hours during a single workday, they are entitled to twice the regular rate of pay.

How Much Time Does an Injured Worker Have to Report an Accident in New York State?

  July 3, 2014     By Brune Law Office
A very common defense to a work related claim is to contend that the employee did not provide proper notice of the work related accident. Raising lack of proper notice is fairly standard procedure for New York State employers and insurance carriers and can be the subject of considerable litigation.

Russian Migration Legislation Changes - June 2014 - Part 2

  June 30, 2014     By Levine Bridge Law Firm
Russian Migration Legislation Changes in June 2014.

Russian Migration Legislation Changes - June 2014 - Part 1

  June 30, 2014     By Levine Bridge Law Firm
Russian Migration Legislation Changes in June 2014.

UAE Labour Laws - FAQs on Confidentiality, Non-compete, and UAE Employment Regulations

  June 24, 2014     By STA Law Firm
Whether you have just recently joined or have been working for your employer for a while, it is important that you understand a few important matters relating to your work place, your rights and obligations to information you receive, use and share.

Chiropractic Care and the New York State Medical Treatment Guidelines

  June 22, 2014     By Brune Law Office
Chiropractic care remains somewhat controversial in New York Workers' Compensation claims. A great majority of injured workers claim great benefit from manipulations, often contending that they are unable to function without treatment. Self-insured employers and insurance carriers view chiropractic care as an unnecessary expense, often claiming that the treatment is excessive.

What Are Workers' Compensation Vocational Rehabilitation Benefits?

  June 17, 2014     By Ankin Law Office, LLC
Each year millions of workers are injured in on-the-job accidents. While many of those injured workers will be able to return to their existing job after a period of recovery, some injured workers are injured to an extent that they are unable to return to their pre-injury job. In these situations, the injured worker may be able to receive vocational rehabilitation benefits under the applicable state workers’ compensation program in order to help him or her obtain a new job.

Top Work Injuries and Illnesses in Healthcare Industry

  June 17, 2014     By Ankin Law Office, LLC
Healthcare is the fastest-growing sector of the U.S. economy, according to the U.S. Centers for Disease Control and Prevention (CDC), employing over 18 million workers – the majority of which (80%) are women. Healthcare workers – including doctors, nurses, lab technicians, pharmacists, and a number of other professionals – are exposed to a wide range of occupational hazards.

Prisoners and Social Security Disability Benefits

  June 12, 2014     By Jones Law Group, LLC
Social Security disability benefits can be paid to people who have recently worked and paid Social Security taxes and are unable to work because of a serious medical condition that is expected to last at least a year or result in death. The fact that a person is a recent parolee or is unemployed does not qualify as a disability.

Monthly New Employer's Share to be Paid by Employers to National Employment Agency "ONEM"

  June 11, 2014     By Emery Mukendi Wafwana & Associates
On September 26, 2013, the Minister of Labour and Welfare passed an Order No 125/CAB/MIN/ETPS/MBL/DKL/dag/2013 amending and supplementing this Departmental Order No 028/CAB/MIN/ETPS/DKL/dag/2013 of March 18, 2013 establishing the rate of monthly employer's share to be paid by Employers to ONEM in accordance with article 93 as stipulated in the Constitution of Democratic Republic of the Congo, which allows the Minister to decide by means of an Order.

Should I Settle My Workers' Compensation Claim?

  June 7, 2014     By Brune Law Office
In New York State, Section 32 of the Workers' Compensation Law permits an injured worker to settle any and all issues is a claim. In the typical situation, a claimant agrees to waive his or her right to future medical care and indemnity benefits in exchange for a lump sum. An injured worker should take great care before accepting such proposal and should carefully consider the ramifications of waiving future rights.

Russian Migration Legislation Changes - May 2014

  June 6, 2014     By Levine Bridge Law Firm
Changes in Russian Legislation in May 2014.

Russian Migration Legislation Changes - April 2014

  June 6, 2014     By Levine Bridge Law Firm
Changes in Russian Legislation in April 2014.

Common Risks for Workplace Injuries in Construction Industry

  May 28, 2014     By Ankin Law Office, LLC
Construction workers are especially vulnerable to work-related injuries. According to OSHA, nearly 6.5 million people work at approximately 252,000 construction sites across the nation on any given day, and the fatal injury rate for the construction industry is higher than the national average for all industries.

Navy Again Requires Self-Reporting of Arrests and Prosecutions

  May 28, 2014     By The Law Office of Philip D. Cave
As part of its personnel management directed by Congress, the Navy is using civilian misconduct as a indicator for discharging persons.

Pre-existing Injuries and New York State Workers' Comp Fraud

  May 27, 2014     By Brune Law Office
Section 114 (a) of the New York State Workers' Compensation Law governs fraud and carries significant penalties. If an injured worker is found to have committed fraud, he or she runs the risk of a permanent ban on receipt of indemnity benefits and a permanency award. Claimants may be unaware that a failure to disclose a prior similar injury or condition can result in a fraud finding.

Holiday Pay Calculations Must Include Commission - UK

  May 27, 2014     By Quantrills Employment Law and HR Solicitor
Where a worker is paid commission on the basis of sales made this commission must be included in the calculation of holiday pay.

Corporation Ordered to Pay €205,694, in Lieu of Salaries and Repatriation Expenses

  May 27, 2014     By CSB Advocates
Last month Judge Padovani Grima ordered the Ladybug Corporation to pay the 22 crew members, the sum of €205,694, in lieu of salaries and repatriation expenses, after that the owners had stopped communication with the International Transport Workers’ Federation, refused to take calls and had abandoned the crew and vessel.

What Happens After Filing an Initial Claim for Long Term Disability

  May 21, 2014     By Alan C. Olson & Associates
What happens after filing an initial claim for Long Term Disability: The agony of ongoing and periodic LTD eligibility reviews. Throughout the duration of your LTD claim, you will be subject to ongoing and period eligibility reviews.

Starting a Business in Azerbaijan

  May 19, 2014     By Remells Law Firm
Some of the legal issues that a person starting business in Azerbaijan would need to consider. This article covers corporate registration, tax and employment aspects of starting and operating business in Azerbaijan.

Missouri Workers Compensation and Hearing Loss

  May 16, 2014     By Law Office of James M. Hoffmann
Injured employees, including those with hearing loss, are entitled to benefits under workers' compensation.

Workers Memorial Day Sheds Light on Workplace Safety Issues

  May 14, 2014     By Ankin Law Office, LLC
Each year, more than 4,000 workers die from workplace accidents, and an additional 50,000 die from occupational diseases, which averages to 150 worker deaths every day in this country, according to Jessica Martinez, deputy director of NCOSH.

The Primary Culprit of Workplace Fall Injuries

  May 14, 2014     By Ankin Law Office, LLC
Construction workers are particularly susceptible to ladder injuries, making up an estimated 81% of fall injuries treated in emergency departments throughout the country.

Taking a Medical Leave of Absence from Work

  May 13, 2014     By Alan C. Olson & Associates
If you or your family is faced with a medical condition or issue that requires you to take leave from your job, you may have more protection than you think. Many employers must offer employees 12 weeks of leave for their medical conditions and medical conditions of their families necessitating leave under the Family and Medical Leave Act (FMLA).

Should You File a Workers' Comp Claim?

  May 13, 2014     By Brune Law Office
The New York State Workers' Compensation Law is designed to protect injured workers. Employers are required to have insurance coverage or risk significant and severe penalties. In addition, one could argue that the law provides an equal benefit to employers by preventing a direct lawsuit by employees. In spite of this, a general perception persists among some injured workers that claims should be avoided for fear of retaliation.

The Powerful Patient: Documentation Before Applying for Medical Leave or Disability Benefits

  May 9, 2014     By Alan C. Olson & Associates
Disabled individuals, or those with medical conditions that impair their ability to work, are often frustrated with the process of proving their disability or understanding what and how much of their medical information they must disclose. Frequently, they also express frustration with their doctor’s office in providing the necessary information. But patients are more powerful in these situations than they realize.

The Most Dangerous Job in New York State

  May 7, 2014     By Brune Law Office
Recent studies reveal that a logger is the most dangerous job in America as it has the highest fatality rate. However, it has been my experience as a New York State workers' compensation practitioner that the highest injury rates can be found in the medical profession, a contention which now seems supported by a recent study.

Russian Migration Legislation Changes

  May 5, 2014     By Levine Bridge Law Firm
Changes in the procedure for receiving Russian citizenship. A draft law simplifying the procedure for receiving Russian citizenship for those who are Russian native speakers and whose relatives in a direct ascending line lived on the territory of Russia was announced at the end of March.

Most Workplace Deaths Are Preventable

  April 29, 2014     By Ankin Law Office, LLC
Most workplace deaths in this country may be preventable, according to a new report from the National Council for Occupational Safety and Health (NCOSH). More than 4,000 workers die every year from workplace accidents, and an additional 50,000 die annually from occupational diseases, which averages to 150 worker deaths every day in this country, according to Jessica Martinez, deputy director of NCOSH.

Updated 2012 Fatal Workplace Accident Data Released

  April 29, 2014     By Ankin Law Office, LLC
New data regarding 2012 workplace fatalities was recently released in a Bureau of Labor Statistics (BLS) final report showing that the number and rate of fatal work injuries in 2012 were slightly higher than the preliminary statistics issued last summer.

April 2014 Personal Injury and Worker’s Compensation Law Round-Up

  April 29, 2014     By Ankin Law Office, LLC
There is never a shortage of issues to discuss in the world of personal injury, and April 2014 has been no exception. Current topics include mammography and its coverage by the media, dysfunction in healthcare, schools near dangerous chemical facilities, and a potentially record-breaking rate of car recalls this year.

Supreme Court Upholds Michigan Ban on Affirmative Action

  April 25, 2014     By Kassouni Law
A common law system (one where previous court opinions define the meaning of the law) can be very useful. It can also result in some rather bizarre arguments being taken seriously, and even garnering the support of some members of the Supreme Court. Case in point: the plaintiffs position in Schuette v BAMN which the Supreme Court decided this week.

Aetna Disability Benefit Denial Overturned by Court Due to Flawed Vocational Assessment Report

  April 25, 2014     By Attorneys Dell & Schaefer
An Arkansas Court recently overturned an Aetna denial of long term disability benefits because Aetna relied on a flawed vocational assessment report which listed jobs that the claimant was not actually qualified to perform.

Number of Work-Related Injuries in Certain Industries Is Under-Reported

  April 17, 2014     By Ankin Law Office, LLC
Unfortunately, some industries do not necessarily have accurate reporting mechanisms on work-related injuries and illness, which make it more difficult for regulators and lawmakers to identify and address occupational health problems.

Is Work-Related Hearing Loss Putting You at Risk of other Injuries?

  April 17, 2014     By Ankin Law Office, LLC
Workers who are exposed to high levels of noise while on the job may be at risk of developing hearing loss and other occupational hazard injuries. Not only are these workers at a higher risk of hearing loss injuries, but a new Canadian study from the Institut National de Santé Publique shows that workers with noise-induced hearing loss may also be at a higher risk of other injuries in the workplace.

Prevalence of Work-Related Back Injuries

  April 11, 2014     By Ankin Law Office, LLC
Back injuries, such as a herniated disc, sprain, or fractured vertebrae, continue to be one of the most common work-related injuries. In the workplace, back injuries can occur when lifting or carrying heavy objects, or due to repetitive motions.

How Workers’ Compensation Impacts Social Security Disability Benefits

  April 9, 2014     By Jones Law Group, LLC
Disability payments from private sources, such as private pension or insurance benefits, do not affect your Social Security disability (“SSD”) benefits.

What Temp Workers Need to Know about Workplace Injuries

  April 4, 2014     By Ankin Law Office, LLC
If you are one of the millions of temp workers in this country, you may be unsure of your employment rights, including protections against discrimination, eligibility for workers’ compensation benefits, and wage and hour rights. Temporary workers can rest assured: while you may not have the same job security that full-time employees have, you do have a number of employment rights and protections.

Putting College Back in Prisons

  March 28, 2014     By Cody L. Cofer, Attorney & Counselor at Law
Going to prison should not mean the end of someone’s potential. However, upon re-entering society, many released prisoners find fewer opportunities than when they entered the prison system.

Wisconsin Changes Unemployment Insurance Law To The Detriment of Employees

  March 25, 2014     By Carroll Law Firm, SC
As of January 5, 2014, Wisconsin’s unemployment insurance laws changed dramatically. The new law codifies and expands the definition of misconduct and creates a lesser standard which employers may use to prevent a n employee from collecting benefits. This article will briefly outline the changes to Wisconsin’s unemployment insurance law related to discharged employees.

Common Workplace Injuries

  March 19, 2014     By Ankin Law Office, LLC
Workplace accidents and injuries can happen in any job and in any industry. But just like there are some jobs and industries are more prone to workplace accidents, certain work-related injuries occur more often than others.

Whistleblower Reward Is $63.9 Million In JP Morgan Mortgage Fraud Case

  March 17, 2014     By The Evans Law Firm, Inc.
A whistleblower will receive $63.9 million for providing information to the government that lead to a recovery.

Everything You Need to Know about Workers' Compensation

  March 12, 2014     By The Law Offices of Lee B. Steinberg, PC
If you don’t already know what workers’ compensation is, then it may be worth your while to do a little research to educate yourself on the subject. Workers’ compensation is insurance that nearly all employees are required to purchase, which is designed to cover medical costs and lost wages if you sustain an injury while on the job.

Workplace Accidents: The 10 Most Dangerous Jobs in America

  March 12, 2014     By Ankin Law Office, LLC
According to Forbes, some of the jobs that are commonly thought of as dangerous actually result in the fewest fatalities. For instance, firefighting and tractor operation are safer jobs than being a car mechanic.

Federal Whistleblower Complaints Can Be Filed Online

  March 10, 2014     By The Evans Law Firm, Inc.
Whistleblowers are now able to file certain complaints online. Whistleblower complaints that are overseen by OSHA can be filed online.

“Unacceptable” High Rate of Accidents and Injuries on Communication Towers

  March 8, 2014     By Ankin Law Office, LLC
The high rate of accidents and injuries on communication towers is “unacceptable,” according to Occupational Safety and Health Administration (OSHA) administrator David Michaels. Michaels issued his remarks at the National Association of Tower Erectors’ conference, which took place February 24-27, and he stressed the need for proper safety precautions related to communication towers.

OSHA Issues 2014 Site-Specific Targeting Program for High Injury Employers

  March 8, 2014     By Ankin Law Office, LLC
Pursuant to its annual inspection plan under the Site-Specific Targeting program, OSHA plans to direct enforcement resources to those workplaces that have the highest rates of injuries and illnesses.

Personal Injury and Worker’s Compensation Law Round-Up – February 2014

  March 8, 2014     By Ankin Law Office, LLC
Personal injury and workers' compensation lawyers have been discussing several important topics in the last few weeks, including the safety of surgical robots, the inadequacy of temp worker laws, employer abuse of the workers' compensation system, and the idea that doctors seek locations with lax regulations on professional liablility. This article is a brief summary of four separate articles detailing those topics.

Whistleblower False Claims Case Settles for $6.5 Million

  February 24, 2014     By The Evans Law Firm, Inc.
A $6.5 million dollar settlement has been reached in a federal whistleblower lawsuit. There were allegations that a military contractor had submitted inflated bills to the government.

Workers' Compensation Dependents

  February 19, 2014     By Law Offices of Kevin Cortright
Not everybody is entitled to survivor benefit. Individuals who might be thought about dependents for the purposes of workers' compensation death benefits are specified in Labor Code. It enumerates two classifications of people who might certify as dependents: (1) those who are good-faith members of the departed staff member's family or family, and (2) those with specified marital, blood or embraced relationships with the decedent.

Three Convictions in Medicare Fraud Case

  February 17, 2014     By The Evans Law Firm, Inc.
A federal jury recently convicted three people on charges related to Medicare fraud. The fraud took place during the time frame of 2006 - 2011. The defendants in the case operated a durable medical goods company out of the Los Angeles area.

Employment Law in Israel

  February 17, 2014     By Livnat, Mayer & Co.
Significant Issues in Employment Law in Israel

Adjustment of the Standard of Social Security Payment - China

  February 17, 2014     By UB & Co. Attorneys and Counselors
Shanghai Human Resources and Social Security Bureau issued the New Standard of Social Security Payment in Shanghai (the “New Standard”) on April 3rd, 2013. The New Standard has come into effect on April 1st, 2013 and will expire on March 31st, 2014.

The People’s Supreme Court Issued Interpretation IV on Applicable Laws in Labor Dispute Cases - China

  February 17, 2014     By UB & Co. Attorneys and Counselors
The People’s Supreme Court (“Supreme Court”) released the Interpretation IV on Certain Issues regarding Applicable Laws in Labor Dispute Cases (hereinafter the “Interpretation”) on December 31, 2012, which came into effect on February 1, 2013.

Labor Contract Law Revision: Stricter Regulation over Labor Dispatch - China

  February 17, 2014     By UB & Co. Attorneys and Counselors
On December 28th,2012, Standing Committee of the National People's Congress (NPC) approved a Decision on the Revision to the Labor Contract Law of the People's Republic of China (hereinafter referred to as the “Decision”) which shall come into force on July 1st, 2013. The Decision focused on the provisions related to labor dispatch and was designed to strengthen the administration of labor dispatch agencies and protect the rights and interests of the dispatched employees.

Study Shows Construction Workers Exposed to Silica Are at Risk of Disease

  February 11, 2014     By Ankin Law Office, LLC
Construction workers are exposed to a number of occupational hazards, such as scaffolding injuries, noise hazards, and equipment injuries. But a new report shows that construction workers who are exposed to crystalline silica dust are also at risk of developing occupational diseases over the long term.

Injured While Commuting? What You Need to Know

  February 11, 2014     By Ankin Law Office, LLC
Millions of people in and around Chicago commute to work each day. Most commuters use public transportation or drive in their own car to get to their jobs, but some Chicago area workers also bike to work or carpool. When commuters are injured on their way to work, complex issues can arise regarding liability.

Proposed Legislation Seeks to Cut Benefits for Traveling Employees

  February 11, 2014     By Ankin Law Office, LLC
Commuting and traveling is often a necessary part of a person’s job. While work-related travel and lengthy commutes are commonplace in today’s labor force, when a worker is injured while commuting or traveling for work, several issues can arise regarding workers’ compensation.

The Dangers of Working the Night Shift: How to Recover the Workers’ Compensation Benefits You Deserve

  February 11, 2014     By Ankin Law Office, LLC
Night shift work – though a necessity for many American workers – comes with a unique set of health risks and hazards. For instance, according to an article on WebMD, night shift work is related to a number of serious health conditions, including cardiovascular disease, diabetes, and obesity.

Time for Heroes or Villains? New Legislation Brings Rules for Whistleblowing in Hungary

  February 4, 2014     By Jalsovszky Law Firm
“Whistleblowing”, i.e. the reporting of misconduct occurring in an organisation, has a considerable history in the United States and the United Kingdom. The legislation of these countries has already elaborated the process, how employees can report anomalies discovered at their workplace to their employer.

Survivor Death Benefits

  February 3, 2014     By Law Offices of Kevin Cortright
The death of an injured worker does not influence the liability of the employer for payment of benefits. If an employee dies as a result of an industrial injury, a company’s liability for momentary or irreversible disability terminates, but the employer remains liable for various other benefits.

Workers' Compensation Claim Denial: Hardship Hearing Versus Final Hearing

  January 31, 2014     By Law Office of James M. Hoffmann
In a perfect world, all workman’s compensation claims would be honored without scrutiny. Employees would be honest about the cause and extent of their injuries, and employers would willingly pay for all of the medical care necessary for their injured worker to recover. Despite its being a no-fault insurance, many claims are denied by employers and/or their insurance carriers.

Who Qualifies as a Dependent for Workers' Compensation Death Benefits?

  January 30, 2014     By Law Offices of Kevin Cortright
Determining who qualifies as a dependent for workers' compensation death benefits can be a complicated issue.

When Do I Need to Retain an Attorney for a Workers' Compensation Claim in Salt Lake City?

  January 29, 2014     By Larsen Larsen Nash & Larsen, Attorneys at Law
The Utah Workers Compensation system makes claim filing easy for injured workers, who can leave the paperwork to other parties after notifying their employers of an injury.

When Is a Restaurant Liable for Injuries or Illnesses?

  January 27, 2014     By Ankin Law Office, LLC
Every day restaurant customers and employees are injured in restaurant accidents. Injuries happen in restaurants for a number of reasons, including hazards such as food or drink spills, poor lighting, lack of or broken railings on stairways, failure to maintain the premises, burns by hot food or drink, food poisoning, sharp kitchen tools and utensils.

Health Care Industry the Target in Whistleblower Lawsuits

  January 27, 2014     By The Evans Law Firm, Inc.
The United States Department of Justice has provided the public with some information regarding recent whistleblower cases. In one of the cases there have been allegations made against Health Management Associates.

$48 Million Settlement in Medicare Fraud Case

  January 20, 2014     By The Evans Law Firm, Inc.
A California based nursing home operator has agreed to pay $48 million dollars in a settlement related to two whistleblower lawsuits.

The Financing of Claims in the Employment Tribunal in the United Kingdom

  December 31, 2013     By Simons Rodkin Litigation Solicitors
Various ways of financing the bringing of an Employment Tribunal claim in the UK and Wales.

Employment Non Competition Covenant Advice Note

  December 28, 2013     By Simons Rodkin Litigation Solicitors
The effect of existing employment non competition covenants when setting up your own business in competition with a former employer.

Why American Women Should Be Interested in the FAMILY Act

  December 21, 2013     By HG.org
In 2004, a Harvard University study found that of 168 countries surveyed, 163 had some form of government mandated maternity leave pay. The United States was not one of them. As a result, millions of American women suffer crippling economic hardships when they must take time off to give birth, and then are forced to return to work prematurely or go without income. Enter the FAMILY Act.

Are Employers Required to Allow Union Signs on Company Property?

  December 19, 2013     By HG.org
In states where unions are strong, it is not uncommon to see posters and other materials related to the union located in company break rooms or other parts of the employer's property. Even in “right to work” states, where unions are less prominent, one can occasionally find such materials. But some employers resist, and would prefer not to have such materials on their property. So, is an employer required to allow union signs on company property?

No Dismissal Allowed Due To The Loss Of A Doctoral Title – Germany

  December 16, 2013     By GRP Rainer LLP
If it is discovered in the course of an employment relationship that an employee is unjustly using a doctoral title, this alone does not justify dismissal.

Due Compensation for an Employee

  December 13, 2013     By El-Bedeawi & Partners Law Office LLP
Due compensation in case of termination of a definite-term and indefinite-term employment contract in accordance with the provisions of law 12 of 2003 and its amendments.

What is Negligent Hiring and Retention?

  December 13, 2013     By HG.org
As an employer, one is often subject to a lot of liability and often from unexpected sources. Not only are there concerns about meeting payroll and keeping your business afloat, an employer must also ensure that all of its employees are properly qualified before hiring and adequately trained and supervised once employed. Otherwise, an employer could find itself liable to a third party for negligent hiring and retention. But what is negligent hiring and retention?

Notice Periods for Sales Representatives May Be Inappropriate – Germany

  December 13, 2013     By GRP Rainer LLP
Under certain circumstances, standard provisions regarding agreed-upon notice periods for sales representatives may be inappropriate.

Lack of Specific Regulation for Harassment Will Continue to Affect the Efficiency of Work Relations

  December 10, 2013     By Hammond, Bogaru & Associates
Although according to European Union reports, all Member States must deal with the regulation of bullying with top priority, the Romanian legislature has not included in the new Criminal Code provisions criminalizing bullying. The need of integration was stated in the Romanian doctrine to adjust legislation and regulation of moral harassment at work by making it consistent through all national laws and regulations.

Are Same-Sex Couples Entitled to Share Employment Benefits?

  December 10, 2013     By HG.org
Traditionally, one benefit of marriage was being able to share in a spouse's employment benefits, like health, vision, and dental insurance. Unfortunately, many same-sex couples have struggled for years to receive the same level of benefits and even the right to be married. With more and more jurisdictions recognizing same-sex marriages, are employers now required to provide same-sex couples with the same level of benefits as heterosexual couples?

Securities and Exchange Commission Saved $439 Million For Whistleblower Rewards

  December 9, 2013     By The Evans Law Firm, Inc.
The Securities and Exchange Commission has saved money to spend on it's whistleblower rewards program. It is likely that there will be larger rewards in the future as tips have increased recently.

Can You Fire Someone For Their Social Media Complaints About Work?

  December 8, 2013     By HG.org
Social media is everywhere today; from Facebook to Twitter to LinkedIn, it would be almost impossible for an employer not to have someone working for them that has some form of social media presence. While you might be able to keep an employee from updating their Facebook status from the office, can you do anything about what they say or do about you or your company on their social media in their own time? Indeed, can you fire someone for their social media complaints about work?

What Are America's Minimum Wage Laws?

  December 6, 2013     By HG.org
The United States has statutory minimum wage laws intended to ensure that even the least skilled of workers are able to earn enough money on which to live. As of July 2009, the federal minimum wage was set to $7.25 per hour, which equates to weekly earnings of just $290 per week (before taxes) for a full time job. However, many feel this number has not kept up with inflation and that this number is no longer a livable figure.

The Claim That Additional Pay Is Voluntary May Be Ineffective if There Is a Contractual Arrangement - Germany

  December 5, 2013     By GRP Rainer LLP
If an employee is granted a Christmas bonus and the employer does so with the reservation that it is a voluntary benefit, this reservation may not hold under certain circumstances.

Legal Considerations for Office Holiday Parties

  December 4, 2013     By HG.org
Every year, millions of Americans engage in office parties around the traditional holiday season. Sometimes these are at the boss's house, a country club, a nice restaurant, or even somewhere at the office itself. But, is the party considered a work function? Could there legally be a consequence for not attending, even if it is after hours? And, what happens if someone is injured, either at the party or on the way to or from it?

Are Credit Checks Legal in a Job Interview?

  December 4, 2013     By HG.org
Millions of Americans have found themselves in this situation in the last few years: looking for work, they fill out an application only to find a portion asking for permission to run their credit report. Some refuse because they fear identity theft. Others lose the job, despite being otherwise qualified, because they have bad credit. So is it legal for an employer to ask to run your credit during a job interview?

Sutter Health Settles Whistleblower Case for $46 Million

  November 22, 2013     By The Evans Law Firm, Inc.
Sutter Health decided to settle a whistleblower case before trial. The case involved allegations of double billing for anesthesia services at hospitals in California.

Ninth Circuit Outlines Boundaries of Computer Fraud and Abuse Act

  November 19, 2013     By Sheldon Mak & Anderson PC
In United States v. Nosal, the Ninth Circuit Court of Appeals was asked to determine the boundaries of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. It ultimately concluded that violations of an employer's computer use policy did not amount to "exceeding authorized access" under the CFAA.

What Do I Need to Know About A Non-Compete Agreement?

  November 18, 2013     By HG.org
Many have been asked to sign non-compete agreements or thought they might be a good idea to protect their business interests when hiring someone. But, what do they do? How are they enforced? What legal requirements do they have to follow?

Egyptian Labor Law

  November 18, 2013     By Hegazy & Associates
The new Egyptian Labor Law promulgated by law n°12 of 2003 favors employees. Some of its features are set forth in this article.

Can an Employer Discriminate Based on Criminal History?

  November 13, 2013     By HG.org
When dealing with an arrest or a criminal conviction, a lot of things may be on your mind. Being able to find a job may not be the first thing that comes to mind, but it can be a serious problem. Many employers will not even consider someone with an arrest, let alone a conviction. But is it legal for an employer to discriminate based on one's criminal background?

Whistleblowers Programs Could Help Regain Funds From Tax Dodgers

  November 11, 2013     By The Evans Law Firm, Inc.
According to the California Franchise Tax Board, the state is owed more than 6.5 billion dollars in tax revenue. Some contend that implementation of a whistleblower rewards program could help to bring in some of that lost revenue.

What is Affirmative Action and Why Was it Created?

  November 10, 2013     By HG.org
Most people have seen the effects of affirmative action in one place or another. For example, most job and school applications now ask a person's racial and ethnic background, gender, and veteran status. But what is affirmative action really, and why was it created?

Are Sexual Harassment Investigations Confidential?

  November 8, 2013     By HG.org
An all too common occurrence in the modern workplace is the sexual harassment. This can take many forms, like unwelcome sexual or romantic advances, sexual blackmail, offensive touching, discussions of intimate activities that make others uncomfortable, etc. While there are a number of laws to protect those who complain of such activities, what of those who are accused, particularly if the sexual harassment claim is determined to be unfounded or used as a means of embarrassment or retaliation?

Whistleblower Comes Forward to Talk About Experience at SunFirst Bank

  November 8, 2013     By The Evans Law Firm, Inc.
A whistleblower recently spoke at a conference in Las Vegas to discuss her experiences. She was the compliance officer at a bank where gambling funds were processed. She cooperated with federal regulators and exposed the illegal operations at the bank.

What Are America's Child Labor Laws?

  October 31, 2013     By HG.org
It is often a coming of age event: getting that first job, usually to pay for something irresponsible like a sports car or a video game. But how old does one have to be to start working? How many hours can they work every day and week? Who gets to control the money (i.e., the child or the parents)?

Occupational Disease and Missouri Workers’ Comp: Who’s Entitled?

  October 31, 2013     By Law Office of James M. Hoffmann
An occupational disease is one that has been contracted as a direct result of a persons employment.


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