Employment Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.
October 22, 2014 By Mehdiyoun Law Firm
When the business faces a cash flow problem, many business owners use the payroll taxes collected but not yet turned over to the IRS.
October 20, 2014 By The Evans Law Firm, Inc.
Recently, a whistleblower failure-of-care claim was settled against a nursing home chain for $38 million. Even nursing home abuse can be stopped with whistleblowing.
October 13, 2014 By The Evans Law Firm, Inc.
Whistleblowers don't normally report fraud for financial gain - they report it because they've been wrongfully retaliated against.
October 10, 2014 By Napolin Law Firm
The State of California enacted a workers' compensation system to provide benefits on a no-fault basis for those who sustain injury arising our of and in the course of employment. However, there are circumstances where workers' compensation is not available.
October 9, 2014 By The Evans Law Firm, Inc.
The Securities Exchange Commission has investigated over 686 whistleblower cases in this year alone - the highest amount since 2011.
October 8, 2014 By Napolin Law Firm
The California Legislature enacted specific provisions of the Labor Code to create a higher threshold of compensability for psychiatric injury under workers' compensation law.
October 8, 2014 By The Evans Law Firm, Inc.
When whistleblowers report fraud within hospitals and pharmaceutical companies, they may also unknowingly stop risky medical practices.
October 8, 2014 By Al Safar & Partners
Literal meaning of severance or gratuity is a favor or gift, usually in the form of money, given in return for service. In other words a sum of money offered to certain service sector workers for a service they performed or anticipated.
October 7, 2014 By Brune Law Office
It may seem to run contrary to common sense, but it is possible to collect both workers' compensation and unemployment benefits. However, an injured worker should be aware of the limitations of each program.
October 2, 2014 By The Evans Law Firm, Inc.
A record amount of $30 million was awarded to an overseas whistleblower for providing key information to detect an ongoing fraud.
October 1, 2014 By The Evans Law Firm, Inc.
Seven whistleblower suits against Community Health Systems and associated entities was settled in August for $98 million.
October 1, 2014 By Law Offices of Jual F. Reyes
The California Family Rights Act was created to protect employees going on leave as a result of the following circumstances: childbirth; placement of a child in the employee's family for adoption; for the serious health condition of the employee's child, parent or spouse; and for the employee's serious health condition.
September 24, 2014 By The Evans Law Firm, Inc.
Attorney General Holder proposes an increased cap for awards to Wall Street whistleblowers.
September 23, 2014 By Pothitakis Law Firm, PC
Iowa limits the benefits you can receive if injured on the job to specific categories of benefits.
September 22, 2014 By Keller Grover LLP - Whistleblower
Sharing inside knowledge, trader sounds the alarm on behavior that could put ‘everyday investors’ at an unfair disadvantage
September 22, 2014 By The Evans Law Firm, Inc.
Amendments to the IRS whistleblower program as of August 12, 2014.
September 22, 2014 By Gehi & Associates
Most of the foreigners trying to work in the United States. H1B visa is a non immigrant visa, but five immigrant visas allow foreigners to work in the United States and also get many immigration benefits through these EB visas. 1,40,000 visas allocated for every fiscal year. Highly skilled professionals, research professionals, professors and who has extraordinary abilities they can get higher priority
September 21, 2014 By Keller Grover LLP - Employment Law
On July 1, 2014, several new labor laws took effect that make significant changes in important categories such as minimum wage, paid family leave and background checks in the state of California that you need to know about.
September 16, 2014 By The Evans Law Firm, Inc.
Whistleblowers now have up to five years to report fraud, abuse or waste.
September 15, 2014 By Brune Law Office
The determination of whether an injured worker is an independent contractor or an employee involves a variety of tests and factors. The ultimate decision is critical, as it can determine whether benefits under the New York State Workers' Compensation Law are payable by the employer.
September 14, 2014 By Angela Wang & Co.
In Hong Kong, under the common law doctrine of privity of contract, a person cannot acquire and enforce rights in a contract to which he is not a party nor can he be made liable under that contract. Therefore, only those who signed a contract are entitled to sue or be sued on it.
September 12, 2014 By HG.org
You are legally entitled to receive the wages promised to you. Additionally, you may be entitled to additional benefits and penalties if your employer refuses to pay you in violation of local or state law. If you have not received your pay, the following courses of action may be available to you to help recover your wages.
September 11, 2014 By HG.org
If you are a victim of wrongful termination, you may have a case against your former employer. A successful lawsuit may mean that you have the right to recover back pay, statutory damages and expenses that you incurred to find another job.
September 11, 2014 By The Evans Law Firm, Inc.
Whistleblower Janet Keyzer awarded $730,000 after being wrongfully terminated for reporting unethical research methods used at UC Davis.
September 11, 2014 By HG.org
The statute of limitations provides a time limit in which a plaintiff can bring a lawsuit without it being time barred by the court. With few exceptions, if this time limit passes, the plaintiff will be forever barred from bringing the suit. Like other types of claims, there is usually an applicable statute of limitations.
September 8, 2014 By Laffey, Bucci & Kent
Can an employer retaliate when a worker files an OSHA complaint or files for workers’ compensation benefits?
September 5, 2014 By Matt Dickstein, Business Attorney
The compensation structure is the most interesting thing in a group medical practice (at least for me). In this article I offer a few compensation structures for your consideration. Read on, friend, if eat-what-you-kill sounds like your cup of tea.
September 4, 2014 By The Evans Law Firm, Inc.
Whistleblowers brought two False Claims Act lawsuits for Medicare fraud against UnitedHealth Group, Inc. the first in 2011 and the second in 2014. The U.S. Department of Justice joins these whistleblower lawsuits against UnitedHealth Group, Inc. for Medicare fraud.
September 4, 2014 By Law Offices of Jual F. Reyes
Age discrimination is an employment issue that is commonplace in Los Angeles, California. It involves subjecting an employee who is 40 years of age or older to discriminatory actions in any aspect of his or her employment, from hiring to termination. But like any other form of discrimination in the workplace, it is considered illegal under prevailing federal and state laws.
September 1, 2014 By CSB Advocates
An amendment to our laws, now makes it illegal for employers to discriminate against transgender individuals, on grounds of sex. Prior to August 2014, the law only made reference to sexual orientation, without specific reference to those who underwent gender reassignment.
August 31, 2014 By Brune Law Office
An employee injured in New York State will likely have to decide whether to retain a workers' compensation lawyer to assist in the claim. For a myriad of reasons, more often than not it makes sense to secure the services of an experienced attorney.
August 26, 2014 By Ankin Law Office, LLC
Each year thousands of U.S. workers die and millions more are injured in workplace accidents. In fact, according to the Bureau of Labor Statistics, there were 4,383 fatal work accidents and 3.7 million nonfatal work injuries in 2012.
August 21, 2014 By Lorenz
This article discusses the question which is frequently posed wether a forein company can employ workers in Belgius.
August 20, 2014 By Donovan & Ho
Abuse of sick leave entitlements is not a new issue in Malaysia. Employers and employees alike should ensure they are fully educated on the laws surrounding sick leave entitlements.
August 20, 2014 By Donovan & Ho
The Malaysian Personal Data Protection Act 2010 (“the Act”) came into force on 15 November 2013. With it, businesses in Malaysia are now faced with additional responsibilities and requirements when it comes to dealing with personal data of their employees, suppliers, and customers. This article summarizes the key issues to note under the Act.
August 18, 2014 By LMG Law Office
A guide for both employees and employers in Philippine Labor setting concerning payment of separation pay.
August 14, 2014 By Law Offices of Jual F. Reyes
It is common knowledge that lawsuits brought by current or former employees are generally bad for an employer’s business. Employee lawsuits not only disrupt the daily operations within the company or organization, but they also are extremely costly to defend.
August 12, 2014 By Law Offices of Jual F. Reyes
Retaliation takes place when an adverse action is taken against an employee for filing a complaint of discrimination or assisting another employee in his or her complaint of workplace discrimination.
August 12, 2014 By Falls Legal, LLC
The Family and Medical Leave Act of 1993 (“FMLA”) provides up to 12 weeks of unpaid leave to an eligible employee for his or her own serious health condition or the serious health condition or military service of a family member.[i]
August 12, 2014 By Falls Legal, LLC
Fourth Circuit Broadens Definition of Disability Under the ADAAA to Include Temporary Impairments - Article on a recent decision by the Fourth Circuit Court of Appeals on a disability discrimination case and the interpretation of what types of temporary impairments constitute a "disability" under the Americans with Disabilities Act ("ADA").
August 12, 2014 By GRP Rainer LLP
Labour law is a wide field that features many pitfalls. Of particular importance is, for example, the conclusion of the employment contract as well as termination giving due notice.
August 10, 2014 By Brune Law Office
The New York State Workers' Compensation Law is, in essence, a form of social insurance. The intent of the compensation statute is clear: protect and compensate employees injured at work.
August 8, 2014 By GRP Rainer LLP
Executive employees and management personnel occupy central positions in firms and are therefore subject to different legal conditions. This has implications for the employment contract and termination.
August 6, 2014 By Morris Anderson Law
Many employees have to sign "non-compete" agreements, often as a clause in initial hiring paperwork. Such clauses can throw a wrench in the hunt for new employment, and can cause you to be terminated from your new job. Here's what you need to know.
July 30, 2014 By Law Offices of Jual F. Reyes
In California, the general rule is that employment is “at will” and therefore employers may terminate employees at any time and even for no reason. However, many employers fail to realize that an employee cannot be terminated for illegal reasons pursuant to applicable federal and state employment laws. In particular, California employers are prohibited from discharging employees because of their inclusion in a protected class.
July 30, 2014 By CSB Advocates
According to a Parliamentary answer by the Maltese Employment Minister Evarist Bartolo, a total of 10,035 EU nationals were working in Malta as at end of December 2013.
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.
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.
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.
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.
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.
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).
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.
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 in June 2014.
Russian Migration Legislation Changes in June 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 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.
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.
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.
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.
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.
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.
Changes in Russian Legislation in May 2014.
Changes in Russian Legislation in April 2014.
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.
As part of its personnel management directed by Congress, the Navy is using civilian misconduct as a indicator for discharging persons.
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.
Where a worker is paid commission on the basis of sales made this commission must be included in the calculation of holiday pay.
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: 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.
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.
Injured employees, including those with hearing loss, are entitled to benefits under workers' compensation.
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.
Construction workers are particularly susceptible to ladder injuries, making up an estimated 81% of fall injuries treated in emergency departments throughout the country.
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).
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
Disability payments from private sources, such as private pension or insurance benefits, do not affect your Social Security disability (“SSD”) benefits.
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.
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.
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.
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.
A whistleblower will receive $63.9 million for providing information to the government that lead to a recovery.
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.
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.
Whistleblowers are now able to file certain complaints online. Whistleblower complaints that are overseen by OSHA can be filed online.
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.
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 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.
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.