Employment Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Employment.
May 26, 2016 By HG.org
For most employees in Illinois, the workers’ compensation program that applies is one that is regulated and overseen by a state agency. In some cases, the employer may be required to provide benefits to surviving family members of injured workers.
May 27, 2016 By Sidney L. Gold & Associates, PC
Coming to the decision to transition from one gender to another is the first step in a very long and often difficult process. Many individuals wrestle with their gender identity for a very long time, and some will face even more hurdles with family, friends and relatives who may struggle with their decision.
Local 25, a northern New Jersey sheet metal trade union, has been ordered to pay $1.6 million dollars and other damages to African-American and Hispanic journeypersons who were victims of employment discrimination.
May 27, 2016 By Sidney L. Gold & Associates, PC
Rockaway Township and the Hibernia Fire Company 1 in New Jersey recently agreed to pay $100,000 to a former female fire lieutenant to settle a sexual bias lawsuit claiming she had to endure a hostile work environment and harassment because of her gender.
The New Jersey Senate recently passed a bill that will require all employers in the state to provide paid sick leave to its employees.
The New Jersey Law Against Discrimination (NJLAD) protects employees from discrimination on the basis of sex, race or disability. It also prohibits employers from retaliating against employees who blow the whistle on unlawful practices conducted within the company.
May 25, 2016 By LeViness, Tolzman & Hamilton, PA
If you were hurt in a workplace accident or have recently been diagnosed with an occupational illness or injury, the actions you take during the first few days will set the tone for the rest of your claim.
Actos Whistleblower Lawsuit Alleges Takeda Illegally Promoted Diabetes Drug for Patients with Prediabetes
May 24, 2016 By Heygood Orr & Pearson
Takeda Pharmaceuticals is facing a whistleblower lawsuit alleging that the company promoted its diabetes drug Actos to patients with prediabetes, despite the fact that it was never approved for this use by the FDA. Studies have shown that patients who use Actos may be more likely to be diagnosed with bladder cancer.
May 24, 2016 By Watkins Firm, A Professional Corporation
California has witnessed a significant rise in the number of employer retaliation cases in the past few years. The exposure to San Diego employers is significant and it is important to tighten employment contracts, policy and procedure and employee manuals, as well as internal processes for responding to and documenting employee complaints.
May 24, 2016 By Law Offices of David S. Rich, LLC
New York recently enacted a law which, by 2018, raises New York's hourly minimum wage from $9.00 to $15.00.
May 23, 2016 By McKenzie & Snyder LLP
Reporting your injury after an accident at work is the first step for a successful workers' compensation claim.
May 22, 2016 By The Law Firm of Jacobson & Rooks, LLC
The Americans with Disabilities Act requires employers to treat an employee's request for leave due to a medical condition as a request for a reasonable accommodation. The employer's obligation is engage the employee in an " interactive process." An employer might be required to provide an employee with a leave as a reasonable accommodation even if the employer does not customarily offer leave as a benefit.
May 22, 2016 By E.S. Borjeson & Associates
If you are injured in an accident at work, the moments and days following it can be overwhelming. You might not know what to do after you are injured, which can cause you to make mistakes that jeopardize your ability to receive Workers’ Compensation. However, the first step can be simpler than you might think. By seeking legal counsel as soon as possible, you can receive the help of a skilled Philadelphia Workers’ Compensation lawyer that has seen it all before.
May 19, 2016 By Murphy Law Group, LLC
Women awarded over $6.2 million for discrimination.
May 19, 2016 By HG.org
How a particular worker is classified can have a direct impact on eligibility for workers’ compensation benefits.
May 19, 2016 By HG.org
Individuals in every industry are susceptible to workplace injuries. However, there are often ways to prevent these injuries. By recognizing workplace hazards, employers and employees alike can take steps to mitigate risks and prevent employee injuries. Some of the most common injuries that American workers sustain include:
May 18, 2016 By HG.org
While the United States is an industrialized country, it is not immune to having its workers adversely affected because of the substances that they are exposed to. Not all workers are exposed to the following dangerous substances. However, many Americans may find themselves and their health adversely affected by one of the following harmful substances:
May 17, 2016 By HG.org
The United States Department of Homeland Security estimates that 11 million workers who were born in other countries lack documented immigration status. This represents approximately 5 percent of the American workforce.
May 12, 2016 By Murphy Law Group, LLC
Employer sued for disability discrimination over seizure disorder.
LAG Hamm on Non-Competition Clause and Compensation for Period of Non-Competition in Employment Contract in Germany
May 15, 2016 By GRP Rainer LLP
Non-competition clauses agreed between employer and employee with no provision for compensation for the period of non-competition are generally invalid. However, the LAG Hamm (Regional Labour Court of Hamm) recently reached a different conclusion (Az.: 10 Sa 67/15).
May 11, 2016 By Gehres Law Group, P.C.
California law in regard to fraudulent inducement of employment, a situation in which an employer is alleged to have made false statements to a prospective employee for the purpose of inducing the candidate to accept the employer’s job offer. It also explores the remedies available to an employee against an employer where the employee suffers injury as a result of an employer’s alleged fraudulent inducement.
May 12, 2016 By Jurado & Farshchian, P.L.
If you’re a boss, then you know that having to discipline or dismiss employees are two of the most dreaded and stressful responsibilities of your job.
May 11, 2016 By Shustak Reynolds & Partners, PC
FINRA has recently filed proposed rule changes that provide much-needed clarification to how arbitration awards resulting in both sides paying money should be handled.
May 14, 2016 By GRP Rainer LLP
Fights between work colleagues that become physical can give rise to termination of an employment contract without notice. The key factor is the intensity of any physical altercation.
May 9, 2016 By KCG Partners Law Firm
An Innovative and Cost-Efficient Tool for the Motivation of Employees.
May 7, 2016 By McKenzie & Snyder LLP
If you are injured or contract an occupational disease on the job, consulting with a competent workers' compensation attorney promptly may ensure that your claim is allowed to the full extent of your injury and your interests are fully protected.
May 8, 2016 By Angela Wang & Co.
In the beginning of April 2016, one of Hong Kong’s oldest television broadcasting companies, Asia Television Limited (“ATV”) was wound up and stopped broadcasting. It had also failed to pay wages to hundreds of its employees since December 2014. This is a common phenomenon in the current difficult economy.
May 6, 2016 By Murphy Law Group, LLC
Company called out by feds for limiting employee conversations.
May 4, 2016 By HG.org
Many job applications ask an applicant whether or not he or she has ever been convicted of a felony. Hoping that the employer will not check, some applicants indicate that they have not when this is not true. Making a claim of this nature can cause serious consequences.
May 3, 2016 By Corey Pollard-Jenkins Block & Associates
Walking through the cross-examination process and what to look for in your case.
April 28, 2016 By Murphy Law Group, LLC
Hourly and salaried employees may have different legal protections.
May 3, 2016 By GRP Rainer LLP
If an employee fiddles his working hours, this may entitle his employer to terminate the employment contract without notice. That was the ruling reached by the Landesarbeitsgericht Mainz (Regional Labour Court of Mainz) (Az.: 8 Sa 363/14).
May 1, 2016 By MMLC Group
The development of employment law in China, with an emphasis on the Labor Contract Law, and possible future amendments to this law and associated regulations.
April 28, 2016 By Law Offices of David S. Rich, LLC
New York City recently enacted new laws strengthening the New York City Human Rights Law.
May 1, 2016 By GRP Rainer LLP
A ruling of the Arbeitsgericht Berlin (Labour Court of Berlin) is causing a sensation. According to this, heirs can have the holiday entitlement of a deceased employee paid out to them. The Bundesarbeitsgericht (BAG) [Federal Labour Court] came to a different conclusion.
April 25, 2016 By Youssry Saleh Law Firm
The relation between an employer and an employee in Egypt is organized by the Labor Law No. 12 for 2003. This law organizes the full relation between the employee and the workplace and one of the main obstacles and issues that always appear in the front lines is the employment termination.
April 24, 2016 By Ankin Law Office LLC
Before settling your claim, it is important that you investigate a fair and accurate value for your damages.
April 22, 2016 By Murphy Law Group, LLC
Employees claim they were forced to work after clocking out.
April 21, 2016 By Foyle Legal
People who were injured at work, in a motor vehicle accident, or in other ways often financially disadvantaged and cannot afford to pay doctors to provide a medical report in relation to their personal injury claim. In this article we have discussed some ways in which injured people can obtain medical evidence regarding the claim for free.
April 26, 2016 By Briskman Briskman & Greenberg
The insurance industry wants cuts in benefits to injured workers, and Illinois Governor Bruce Rauner intends to make them. They say that the cost of the workers' compensation program is too high, making the state uncompetitive in attracting business.
April 19, 2016 By Marshall Socarras Grant, PL
Having an employee sign a non-compete agreement and/or a nondisclosure or confidentiality agreement is one way to protect your company’s trade secrets and confidential and proprietary business information. However, often times companies may not have any agreements with their employees and a business mistakenly believes it has no way of protecting against the unauthorized disclosure of trade secrets or sensitive information.
April 15, 2016 By Murphy Law Group, LLC
When obesity is – and isn’t – a disability
April 8, 2016 By Murphy Law Group, LLC
Company sued for violating Americans with Disabilities Act.
LAG Rheinland-Pfalz: Applying Fixed Terms to Employment Contracts Based on Objective Grounds in Germany
April 11, 2016 By GRP Rainer LLP
Employment contracts can be limited for a period of two years. An additional fixed term needs to be justified based on objective grounds. This also applies in the context of professional sports.
April 5, 2016 By McKenzie & Snyder LLP
Understanding workers' compensation in Ohio by contacting an Ohio workers' compensation attorney can go a long way to ensure you get complete benefits from your claim.
March 31, 2016 By Murphy Law Group, LLC
Employer created phony records to cover up wage and hour violations.
March 29, 2016 By The Cardamone Law Firm, LLC
There are quite a few worker’s compensation benefits that injured workers are entitled to receive even when they return to work after illness or accidents. In fact, workers can receive benefits like medical payments and compensation for function loss and scaring under the law of workers’ compensation even if the worker hasn’t missed even one day of work following work related illness or accident.
March 23, 2016 By HG.org
Like the answer to so many legal questions, it depends. As more and more people are using social media, this area has become a common ground for employees to post information about their jobs, their personal lives, their views and other aspects of their lives that do not pertain to their work. However, in some cases, employers may have grounds to fire employees for their social media conduct.
September 13, 2012 By HG.org
Millions of people across the country consider themselves or are perceived as having a disability. However, many of these individuals wish to work and benefit society. Employees and applicants are entitled to protection under the federal Americans with Disabilities Act.
November 15, 2012 By HG.org
Despite numerous labor and employment laws on the federal, state and local levels, workplace discrimination continues to be a problem in the United States. When employers do not follow applicable laws that prohibit workplace discrimination, they expose themselves to potential civil liability.
October 12, 2011 By HG.org
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination against individuals who are age 40 or older. It makes it unlawful to use a person’s age if he or she is at least 40 years old as a consideration in employment decisions in most cases.
November 29, 2011 By HG.org
Many older workers find it difficult to find employment after being discharged from their previous employment or reentering the workforce after time out of it. Some employers may inadvertently favor younger employees. Rejecting older applicants in favor of younger ones may expose employers to liability under state and federal laws.
December 7, 2011 By HG.org
In 2011, the United States saw an uptake in the number of cases filed with the Equal Employment Opportunity Commission that alleged workplace discrimination on the basis of religious discrimination. In that year, 4,151 cases were filed, the highest number of filings that existed for the last 20 years.
February 6, 2012 By HG.org
Due to federal and state law, it is generally illegal to discriminate against individuals due to certain protected classes identified by law. Federal law prohibits employment discrimination based on age, disability, sex, gender, religion, race and national origin. Many of these prohibitions are based on the Civil Rights Act of 1964, and they cover all Americans.
November 22, 2012 By HG.org
Like the vast majority of other states, California is considered an “at-will” employment state. This designation provides great latitude to employers who can terminate employees for nearly any reason. However, there are certain situations in which an employer may terminate the employment relationship that are not legal and that amount to “wrongful termination.”
March 18, 2016 By Hammond, Minciu and Associates
The European Court of Justice is having a larger influence on people’s lives than is popularly realised. As is often the case the Court has made a decision which will have an impact on consumers in Europe and perhaps world-wide and was not picked up by the majority of the consumer press, rather only by lawyers who specialise in the field of aviation law.
Kazakhstan's Accession to the WTO: What Has Changed in Internal Employees’ Transfer (Intragroup Relocations)?
March 19, 2016 By Signum Law Firm
The accession of Kazakhstan to the WTO led to the changes in Kazakhstan legislation. We would like to focus on regulation of internal employees’ transfer (intragroup relocations) matters.
March 17, 2016 By Murphy Law Group, LLC
Employee alleges that company owner continually made her stay late so he could sexually harass her
March 16, 2016 By Gehres Law Group, P.C.
Most California business owners know that a provision in an employment contract which purports to prevent a former employee from competing with the employer’s business is unenforceable in California. Under California law, there is a strong and clear policy favoring the free and unfettered rights of workers to find work where they can, using all their skills and experience to command the best wages they can find.
March 15, 2016 By HG.org
With global competition, competitive marketplaces and a culture in which employees are always expected to be available, greater demands are placed on employees. Supervisors may act inappropriately by cursing, yelling and threatening staff. While laypeople may consider such action “hostile,” the legal definition of a hostile work environment is much different than the colloquial term.
December 14, 2011 By HG.org
The aim of any employer is to have a hazard free work environment for the safety of employees. A hazardous workplace represents a greater likelihood that an accident involving employees may result.
September 22, 2009 By HG.org
A non-compete agreement or covenant not to compete is a legal agreement in which one person, usually an employee, agrees not to compete against the business for a certain amount of time. California has very specific rules regarding such agreements.
March 14, 2016 By Jurado & Farshchian, P.L.
Entrepreneurs often make up in enthusiasm what they lack in experience, but passion alone is not enough to ensure the success of a business. If you’re a business owner, you need to watch for the following six legal snares that could potentially harm your company
March 10, 2016 By HG.org
Sometimes, there is not much change between the interactions on the playground and those in the workplace. Bullying behavior may continue as individuals age and work together. Whether this conduct is legal or not depends on a variety of factors.
March 9, 2016 By Murphy Law Group, LLC
New study shows that 20% of HR managers claim women are paid less for the same work.
March 9, 2016 By DAB Law Firm
The Law Regarding the Amendment of Income Tax Law and Certain Laws (Law No:6663) (the “New Law”) has been published on the Official Gazette on February 10, 2016. By the enforcement of the New Law in addition to the Income Tax Law (Law No: 193), certain laws such as Public Officers Law (Law No: 657), Unemployment Insurance Law (Law No: 4447), the Labour Code (Law No: 4857) and the Social Security Law (Law No: 5510) have been amended.
March 9, 2016 By Jurado & Farshchian, P.L.
If you have years of experience in the workplace, you know that it has changed dramatically during the last decade for both employers and employees. That changing landscape has cultivated a small minefield for the unwary employer.
March 7, 2016 By CSB Advocates
As emphasised by the International Labour Organizations (ILO), seafarers are frequently exposed to difficult working conditions and particular occupational risks. In fact, since working far from home, they may be vulnerable to exploitation and abuse, non-payment of wages, non-compliance with employment agreements, exposure to poor diet and living conditions.
March 3, 2016 By Murphy Law Group, LLC
Retailer under fire for misclassifying workers as management
March 3, 2016 By Evanns Collection Law Firm
Once you have won a case against a debtor, you are left with a judgment enforcement scenario- where you will need to somehow collect the judgment that you have hard-won in litigation. When the court orders a monetary award, the debtor must pay the amount of the judgment. However “must pay the judgment” is a matter of opinion - because failure of the debtor to do so will only result in the debtors assets being levied, wages being garnished, etc.
March 7, 2016 By GRP Rainer LLP
Two members of a mail order company’s works council failed with their claim before the Landesarbeitsgericht Berlin-Brandenburg (Regional Labour Court of Berlin-Brandenburg) to be transferred to a permanent employment contract (Az.: 23 Sa 1445/15; 23 Sa 1446/15).
March 3, 2016 By brL Avocats
This article discusses reform of the French labor code, proposals to create a new collective bargaining panorama for many occupational fields, the creation of a "personal activity account" for employee benefits and the negotiation of a new unemployment insurance agreement.
February 28, 2016 By HG.org
Workers’ compensation provides monetary and other benefits to workers who sustain work-related injuries or who develop illnesses because of their work. The availability f benefits depends on the nature of the illness or injury and state laws that govern workers’ compensation benefits.
February 28, 2016 By HG.org
Workers’ compensation provides a system in which a person who is injured on the job can receive compensation for such injuries without having to sue his or her employer. However, not all claims are approved, leaving the worker injured and uncompensated.
Workers’ compensation is an insurance product that provides monetary compensation and paid medical benefits to workers who are injured within the scope of their work. Workers’ compensation laws are primarily based on state law. State law governs how the workers’ compensation process works and which employers are required to have insurance.
New legislations strengthens restrictions on background checks.
New supervisor terminated worker who could do his job with accommodations.
According to a ruling of the LAG Berlin-Brandenburg (Regional Labour Court of Berlin-Brandenburg), an employer can terminate an employment contract without notice if it has good cause to do so (Az.: 17 Sa 810/15).
Court decision considers who is liable for harassment: the temp agency or the client?
School employee suspended after refusing to stop 50-yard line invocations.
The Maltese Government has recently requested the Attorney General to consult the social partners within the Malta Council for Economic and Social Development (MCESD), and prepare legal amendments aimed at strengthening the guarantees of independence and impartiality of the Industrial Tribunal.
As with so many legal issues, a determination as to when it is legally permissible to “dock” an employee’s pay for rest periods requires knowledge of the law and an analysis of the particular circumstances. This article highlights circumstances in which docking employee pay for rest periods in California is appropriate, as well as instances when it is unlawful.
Staffer told she had to prove she was capable of working.
If an employee submits a forged doctor’s certificate for sick leave (Arbeitsunfähigkeitsbescheinigung), this may result in dismissal with immediate effect.
The Fair Labor Standards Act was passed by Congress to protect the rights of workers and ensure that they receive fair compensation from their employers. When companies fail to properly compensate their employees for their overtime work, they can be held accountable in court. In recent years, numerous FLSA unpaid overtime lawsuits have been filed by workers. A total of 7,964 FLSA lawsuits were filed in 2014, a 3.32% increase from the 7,708 cases that were filed during the previous year.
Jury awards former employee $31 million over discrimination claim.
Technology has changed the world for the general populace, and now it has threatened to change the landscape of legal practice.
It is hardly surprising that an office worker is less likely to be injured on the job than a police officer. Statistics from the U.S. Bureau of Labor Statistics (BLS) Census of Fatal Occupational Injuries (CFOI) and Survey of Occupational Injuries and Illnesses (SOII) show, however, that when it comes to the most dangerous jobs of all – those that present a very real, very tangible risk of death – truck drivers are among those who are most at-risk.
The new law took effect January 1, 2016 and affects any employer with offices in the State of California. Generally speaking, the California Fair Pay Act makes an employer more accountable for equal pay for employees of differing gender who are performing essentially the same work, regardless of location, title or job description.
A recent Supreme Court decision has changed the way the IRS and California tax agencies and the Division of Labor Standards, or Labor Commissioner view the classification of independent contractors. California believes miisclassification of employees as independent contractors has cost California more than $7 billion in payroll tax revenue.
The California Labor Code and the Orders promulgated by the Industrial Wage Commission impose various wage and hour requirements on employers for the benefit of their employees. As pointed out by our employment law attorneys, below, employers are well-advised to follow legal requirements in order to avoid potentially devastating penalties which may be assessed against them.
Court decision may open floodgates for more age discrimination cases.
Statistics shows that wage and hour lawsuits have risen by 30% since 2011.
Key rules and regulations of Polish Employment Law.
The Defense Base Act is a federal workers' compensation program, which provides medical and wage-replacement benefits to military contractors injured while working on a wide variety of U.S. defense projects worldwide.
Lawsuit alleged pattern of shortchanging employees of women’s athletics program.
While it is of course permissible to criticise one’s employer, excessively abusive criticism can lead to termination of one’s employment contract. It can even potentially justify termination without notice.
With the advance in technology, many individuals are able to work for employers completely or partially on a remote basis. They can often stay just as engaged in the workplace with phones, computers and other technological aids. This working relationship complicates questions of liability, such as determining whether workers’ compensation will pay for the injuries sustained by an employee.
Employment contracts can be terminated without notice for good cause. Whether a serious cause justifies termination is ultimately decided on a case-by-case basis.
The Zone of Special Danger Doctrine has been the subject of numerous lawsuits under the Longshore & Harbor Workers' Compensation Act, and the Defense Base Act. What is it? How have the courts applied it to claims? Where did it originate?