Employment Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.
April 24, 2015 By Levine Bridge Law Firm
By Governmental Decree dated March 20, 2015 №257, new rules are being introduced redarding the recruitment and hiring of foreign citizens.
April 24, 2015 By Levine Bridge Law Firm
Employers will pay taxes at a higher rate for foreign workers.
April 21, 2015 By Murphy Law Group, LLC
Company viciously went after ex-staffer who sued after being fired
April 21, 2015 By Hendricks Law Firm PLLC
Reasons to consider non-compete and non-solicitation agreements.
April 16, 2015 By HG.org
The Americans with Disabilities Act was passed to help the United States benefit from the skills and talents of individuals who happen to have disabilities. It strives to break down barriers individuals with disabilities experienced regarding employment, public accommodations, public services, transportation and telecommunications.
April 15, 2015 By Schmidt, Kirifides, Fridkin & Rassias
For the past 15 years, Liberty Mutual Research Institute for Safety has produced an annual safety index listing the top ten causes of serious, non-fatal workplace injuries.
April 15, 2015 By E.S. Borjeson & Associates
According to the American Public Transportation Association there were an estimated 5,780 work injuries in 2013 suffered by state and local government transit and intercity bus drivers.
April 15, 2015 By Sidney L. Gold & Associates, P.C.
Walmart may be known as America’s place to shop, but it certainly won’t receive positive press if it becomes known as America’s discriminatory employer.
April 14, 2015 By Murphy Law Group, LLC
Employees sued to get paid for time going through security. An employee clocks out but he’s not allowed to leave until he removes and stows his protective gear. Twenty minutes later, he’s finally cleared to head to the parking lot.
April 14, 2015 By CSB Advocates
Recently the Court of Appeal confirmed a compensatory sum awarded by the Industrial Tribunal to a British High Commission employee for unfair dismissal and discrimination.
April 10, 2015 By Murphy Law Group, LLC
What the law says about employees' rights to discuss compensation.
April 7, 2015 By The Rubin Law Corporation
As a general rule, civil law strives to make an injured party whole, no more and no less. Courts will reduce an award of damages where they determine that the plaintiff failed to take basic steps after the injury to minimize the harm suffered. This responsibility borne by the plaintiff is commonly known as the duty to mitigate damages, and it is a fundamental issue in any claim for wrongful termination.
April 2, 2015 By Murphy Law Group, LLC
Employee was terminated for not meeting sales quotas during leave of absence.
April 1, 2015 By HG.org
While every disability law firm handles cases slightly differently, there are many similarities between the firms. Here is an overview of how a disability attorney handles Social Security claims.
April 1, 2015 By E.S. Borjeson & Associates
According to the latest Quest Diagnostics report, drug use in the workplace has increased over the past year.
April 1, 2015 By Bereket & Baltaci Law Firm
Employment laws in Turkey apply to Turkish nationals and foreign nationals alike. In addition, special provisions exist which regulate the employment and residence permits of foreign nationals who intend to work in Turkey.
March 30, 2015 By Sidney L. Gold & Associates, P.C.
When an employee is hired by an employer, they agree to abide by the employer’s job description, expectations, schedule, method of payment, and benefits package.
March 29, 2015 By Jurado & Farshchian, P.L.
Independent contractors and employees are not the same, and it’s important to understand the difference. Knowing this distinction will help you determine what your first hiring move will be and affect how you withhold a variety of taxes and avoid costly legal consequences.
March 26, 2015 By Jurado & Farshchian, P.L.
Breaking Employment law? You may be a great employer, but you may be breaking employment law without even knowing you’re doing it. It’s pretty easy, as a business owner and an employer, to accidentally break the law. Here are five ways it can happen.
March 24, 2015 By Law Office of James M. Hoffmann
If your workers' compensation case is in dispute, your case may need to resolved through a workers' compensation trial.
March 23, 2015 By Sidney L. Gold & Associates, P.C.
Pregnancy is considered a temporary disability under the law. Employers must provide equal benefits and treatment to pregnant employees as they do with employees who have other types of temporary disabilities.
March 23, 2015 By Galfand Berger LLP
Several investigations into workplace injuries of nurses and orderlies reveal a large number of career ending injuries.
March 20, 2015 By Murphy Law Group, LLC
What the law does and doesn’t say about disabilities.
March 19, 2015 By HG.org
Many employers use a variety of pre-employment tests to help find qualified employees. However, some strategies may be illegal if the test is targeted to weed out individuals with disabilities.
March 19, 2015 By E.S. Borjeson & Associates
The Center for Disease Control and Prevention (CDC) recently released a study that discusses how mental health issues are related to work site physical injuries.
March 19, 2015 By Levine Bridge Law Firm
The resolution of the Federal Migration Service of Russia established a procedure that determines the sequence of steps for the FMS of Russia on providing decision to suspend the right to issue patents to foreign citizens on the territory of the RF administrative district.
March 18, 2015 By Sidney L. Gold & Associates, P.C.
In an effort to ensure pay equality at Walmart, an employee and shareholder of the company is urging disclosure of gender wage information by the retailer.
March 16, 2015 By HG.org
It is a sad fact, but every day thousands of companies around the world violate laws designed to protect the environment in order to cut costs and increase profits. If you suspect your company is doing so, or if you have witnessed the pollution yourself, you may be wondering what you can do to prevent it and whether there are any laws in place to protect you from the company's wrath after you do so.
March 15, 2015 By Donovan & Ho
While many people may be familiar with the term "unfair dismissal" or "wrongful termination", the concept of unfair dismissal in Malaysia not as straightforward as it appears. This article hopes to address some of the more frequently asked questions about the law and procedure relating to unfair dismissal claims in Malaysia.
March 12, 2015 By HG.org
Historically, women have earned less than their male counterparts. Nationally, women make about 78 cents on the dollar that each man earns for the same job. However, a variety of laws have been passed to help ensure women of fair pay. Here is an overview of those laws and the steps you can take to ensure that you, as an employee, are receiving a fair rate of pay.
March 12, 2015 By Hazim AL-Madani Law Firm
The labor Law in Saudi Arabia is a balanced law that regulates all aspects of labor relations between workers and employees and applicable to all Saudi and Non-Saudi workers without discrimination. Respecting the laws and compliance with their provisions enhances labor relations stability and acts as a key for progress and development.
Efforts underway to reduce the administrative complexities that companies in France face when meeting their obligations as employers.
New law allows employees to refer directly the adjudication panel.
Unilateral change of salary is still regarded as a breach albeit not a serious one.
Employers in France must now review their procedures on seeking buyers for French businesses.
The recent law of August 4th 2014 is trying to promote gender equality by inducing fathers to take a parental leave.
This article looks at the ongoing popularity of terminations by mutual agreement in France.
This article looks at the possibility of a draft law on the business secret issue in France.
This article looks at the recent draft law on Sunday trading.
March 9, 2015 By Martin & Nelson
There are over 12 million Americans living with cancer. Individuals diagnosed with cancer can undergo many different treatments during the course of their disease.
March 9, 2015 By E.S. Borjeson & Associates
The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) recently released its findings in regards to the injury of a teenage worker last summer. The Delaware teen suffered a severe head injury when he fell one story on a construction site. The teen was employed by Reybold Homes Inc. as part of a co-op program.
March 9, 2015 By Schmidt, Kirifides, Fridkin & Rassias
Healthcare workers have very physical jobs. Lifting and assisting patients requires strength and stamina. Moreover, stretching, reaching, and pushing patients on beds up and down hallways and ramps often results in workplace injuries to healthcare workers.
March 2, 2015 By The Ezold Law Firm, PC
New legislation requiring Philadelphia employers to offer paid sick time for many employees was approved by City Council and signed into law by Mayor Nutter last week.
March 2, 2015 By The Ezold Law Firm, PC
Nearly all employment handbooks that are issued to employees upon hiring include anti-harassment policies that conform to federal and state laws.
Mental injuries fall into three categories: Mental-Physical, Physical Mental and Mental-Mental.
The Pennsylvania Workers’ Compensation Act was enacted in 1915. Before this law, individuals severely disabled by injuries suffered while at work needed to prove a “negligence” claim against their employer to be entitled to any type of compensation.
An Impairment Rating Evaluation (IRE) is a type of medical examination requested by a workers’ compensation insurance company, for the sole purpose of limiting the length of time they may be required to pay benefits.
February 23, 2015 By Schmidt, Kirifides, Fridkin & Rassias
One of the most important issues in workers’ compensation law involves whether an individual worker is an employee (who may be entitled to workers’ compensation benefits) or an independent contractor (who is not entitled to workers’ compensation benefits.)
February 23, 2015 By Sidney L. Gold & Associates, P.C.
A crowd of workers cheered last week at City Hall in Philadelphia when Mayor Nutter signed a bill mandating paid sick leave into law, and the City Council approved the legislation.
February 23, 2015 By Martin & Nelson
Individuals suffering from chronic illnesses including diabetes, heart disease, rheumatoid arthritis and fibromyalgia often take prescriptions or undergo medical treatment to help them cope with the symptoms of their conditions.
February 23, 2015 By E.S. Borjeson & Associates
The goal of the Occupational Safety and Health Administration (OSHA) is to create safer workplaces, prevent workplace injuries and save the lives of American workers. As of January 1, 2015 OSHA has implemented a new federal policy regarding the reporting of workplace injuries.
February 22, 2015 By Brune Law Office
Certain types of repetitive work activities can either cause, or aggravate symptoms in areas of the body, including the knees, arms, shoulders, back and neck. The types of activities and jobs are virtually unlimited, and can be the subject of considerable litigation.
February 20, 2015 By Murphy Law Group, LLC
If your employer has misclassified you as an exempt employee, you may be missing out on compensation that you’re legally entitled to.
February 15, 2015 By HG.org
Some job applicants decide to lie on their application, in their resume or in answers to interview questions in hopes that these lies or exaggerations will help them land the job. However, employing one of these tactics can cause an individual his or her job.
February 13, 2015 By Parris Whittaker, Attorney at Law
Companies must take great care that senior company personnel avoid undertaking acts that mean they could be treated as directors for the purposes of the law. This may result in adverse implications for both the company and the individual concerned. The expert company lawyers at Bahamas firm ParrisWhittaker are highly experienced in providing full service legal advice to companies including in relation to directors and their duties and liabilities.
February 10, 2015 By Legal Alliance
On January 20, 2015, the Law of Ukraine № 113-VIII of January 15, 2015 came into force which approved the Decree of the President of Ukraine "On the partial mobilization".
February 9, 2015 By E.S. Borjeson & Associates
Working in a restaurant or commercial kitchen can be dangerous, regardless of the employee’s position. Head chefs and dishwashers alike face a variety of potential hazards that could lead to serious, life-altering or even fatal injuries. Besides the more obvious and immediate dangers of hot stoves and slippery floors, many kitchen hazards are not clearly visible, causing injuries that develop over time.
February 9, 2015 By Sidney L. Gold & Associates, P.C.
A Minnesota woman with fibromyalgia and osteoarthritis recently received $30,000 in an Equal Employment Opportunity Commission (EEOC) lawsuit that proved her employer violated the terms of the Americans with Disabilities Act (ADA) by firing her because of her medical condition.
February 8, 2015 By HG.org
Due to a number of legal theories, employers may be found liable for their employees’ actions that resulted in harm to coworkers, customers or other individuals. There may be variations or prohibitions against certain causes of action based on state law.
February 4, 2015 By Kydalov & Partners
Due to current political changes, various processes of documentation preparation for foreigners in Ukraine seem to be easier than even a year ago. Due to this fact, one of such spread branches like creation and processing the employment agreements and contracts can generate much less issues, questions and complications in comparison to many other cases
February 3, 2015 By Cindemir Law Office
In Turkey, the employment contract may be terminated in several ways;
February 3, 2015 By E.S. Borjeson & Associates
As the economy continues to grow, more and more U.S. businesses are experiencing a manufacturing resurgence. As a result of the growth in this industry, the number of fatal workplace slip and fall accidents has increased the most dramatically.
February 3, 2015 By Martin & Nelson
Do you suffer from fibromyalgia but have attempted to “push through” your chronic pain in order to continue working? If so, you have likely experienced a delayed flare-up of your fibromyalgia symptoms within a few days or even hours. Delayed flare-ups can be especially problematic when an individual is seeking coverage under their long term disability policy due to their fibromyalgia symptoms.
February 3, 2015 By Galfand Berger LLP
One of the main features to the Family Medical Leave Act (”FMLA”) is the return to work provision that requires that an employer return an employee, who has been approved for FMLA, to their original or equivalent position at the end of their leave.
February 3, 2015 By Sidney L. Gold & Associates, P.C.
A federal appellate court has overturned a district court’s decision to dismiss a whistleblower case filed by a man who says he was fired after he brought attention to safety and health risks concerning the nuclear site where he was employed. The court also ruled that the plaintiff is entitled to a jury trial.
January 26, 2015 By Abad & Asociados Abogados Y Economistas, S.R.L.
On December 4th the Official Gazette published Law 1/2014 amending the Capital Companies Act to implement corporate governance modifications. This reform is based on the Report of the Committee of Experts submitted to the Council of Ministers on the 23rd of May 2014.
January 26, 2015 By Sidney L. Gold & Associates, P.C.
A tax lawyer who worked at the Vanguard Group in Malvern, New York, was terminated from his position after consistently warning his employer that they were considerably underpaying on its taxes. The unlawful practices resulted in Vanguard cheating the US Government out of more than a billion dollars throughout the last several years. Some of the money saved from the illegal tax practices was used to enhance bosses’ salaries.
What employers must know with regards to keeping documentation in H1-B and Labor Certification matters.
Back injuries including herniated discs, strained muscles, pulled or torn ligaments and disc degeneration are the most common work injuries among healthcare workers. Nurses, nursing aids, orderlies, attendants, laundry workers, kitchen workers and environmental services in the healthcare field can suffer from back injuries caused by everyday tasks or workplace accidents.
Why does the workers' compensation insurance company get money back from my negligence lawsuit?
In a major victory for injured municipal employees in Philadelphia, a Pennsylvania appellate court recently blocked the city’s attempt to obtain a portion of an injured worker’s personal injury lawsuit recovery. This decision allowed the injured worker, a Philadelphia police officer, to keep the full amount of the injury benefits he received under the Heart and Lung Act and the full recovery from his lawsuit award.
Savings of up to €48 million thanks to new rules for cross-border judgments.
As a result of changes to sexual abuse laws in California and a more liberal statute of limitations, attorneys in California now have a greater chance to pursue perpetrators of sexual abuse and obtain justice for their victims. Thanks in part to greater public awareness of the problem, recent reports in the news, and more women willing to come forward after being abused, a greater number of abuse and molestation victims can at last obtain some measure of justice for the trauma they’ve endured.
Provisions on company regulation is stipulated under Article 108 until Article 115 Law Number 13 of 2003 on Employment (“Law No.13/ 2003”) and Ministry of Manpower and Transmigration Regulation Number PER.16/MEN/XI/2011 on Procedures for the Establishment and Legalization of Company Regulation and Procedure for the Establishment and Registration of Collective Labor Agreement (“MOMTR 16/2011”).
The Pennsylvania Workers’ Compensation Act provides for different standards and evidence required to prove psychological injuries, as compared to physical injuries. The most common type of work injury claim involves a physical to part of the body, caused by a physical event – such as by falling or lifting something.
A whistle blower complaint filed by an Office Depot employee has resulted in a large settlement for the state of California.
If you are facing a felony conviction, the lasting effects on your career can endure for much longer than any time that you receive. Being convicted of a felony can have some of the following severe ramifications on your career.
In the latter part of 2012, the Ohio legislature passed Senate Bill 337, providing tort liability protection for businesses choosing to hire rehabilitated ex-criminals. According to Senate Bill 337 (now codified as Ohio Revised Code Section 2953.25), if an Ohio business hires a job applicant who possesses a Certification of Qualification for Employment (CQE), then the business is entitled to immunity from negligent hiring claims.
Defining and discussing three of the most important and commonly misunderstood terms in California employment law - wrongful termination, discrimination, and harassment/hostile work environment.
Earlier this year, HB5701, the Job Opportunities for Qualified Applicants Act, was passed and signed into law in Illinois. This law is more colloquially known as the Ban the Box law and presents Illinois job applicants with greater opportunities to secure employment. Similar laws are becoming popular throughout the United States. Currently, 12 states have statewide Ban the Box laws and 19 states contain at least one city or county with this type of law.
My clients are often surprised to learn that even after devoting many years of loyalty to a company, that he or she is subject to termination, even after suffering a work related injury.
Russian president signed a decree on November 24, 2014 "On the collection of biometric personal data of foreign citizens and stateless persons." According to the decree on December 10, 2014 will be introduced the collection of biometric personal data of foreign citizens and stateless persons when making visa to enter Russia or transit visa to travel through the territory of the Russian Federation.
A draft law on the proposed legislation enshrines the principle of reciprocity in relations between the Russian Federation and foreign states are considered by the State Duma.
The procedure for the payment of personal income tax on income for foreign employees has been clarified. Russian president signed a federal law on November 24, 2014 № 374-FZ "On Amendments to Article 50 and 56 of the Budget Code of the Russian Federation".
The Russian government has determined quotas for foreign citizens and stateless persons for temporary residence permits in the Russian Federation in 2015.
A New Procedure for Notifying the Federal Migration Service in Russia on Attracting and Using Highly Qualified Specialists
From 1 January 2015, the procedure for notifying authorities about attracting and using highly qualified specialists will be changed.
The State Duma was sent a draft law on mandatory biometric registration of citizens of Russia. According to the authors of the draft law, mandatory biometric registration will allow getting away from the practice of presenting identity documents and will allow solving problems in the law and in the social sphere in time.
Included in the Draft Tax Reform of Income Tax Law for Non-residents is a significant modifying rule that could be described as a "second chance" to allow those non-residents who have not declared foreign pensions received to rectify the situation.
Senior citizens have been given certain unnecessary drug testing in a Medicare fraud scheme.
The State Duma had supported in the first reading amendments to the law on the limitation of entry into Russia for a period of up to 10 years for those who violate the provisions of their temporary stay in the country.
Federal Law dated 14.10.2014 N 299-FZ "On features for the application of certain provisions of federal laws and other normative legal acts of the Russian Federation, containing norms of labor law, in connection with the acceptance into the Russian Federation of the Republic of Crimea and the formation within the Russian Federation of new subjects – the Republic of Crimea and the federal city of Sevastopol "
Russian President Vladimir Putin signed a federal law limiting the participation of foreigners in the Russian media.
The Russian government has submitted to the State Duma a bill that provides compensation for the costs of relocating employees to other regions.
In October 2014, Armenia signed the Treaty of Accession to the Eurasian Economic Union, which already includes Russia, Belarus and Kazakhstan.
The Deputy Minister of Labor, Migration and youth of Kyrgyzstan proposed a simplified procedure in Russia, Belarus and Kazakhstan for citizens of Kyrgyzstan.
According to a bill signed by the President of the Russian Federation, foreign citizens of countries in the Eurasian Economic Union will be able to receive a pension in Russia.
Length of stay of foreign citizens in the territory of Russia will be reduced.
Public Chamber of the Russian Federation held a hearing to discuss issues on improving legislation of the Russian Federation in the field of migration control. Part of the hearing dealt with the basic provisions of the second version of the bill "On Immigration Control of the Russian Federation".
From 1 January 2015, citizens of CIS countries will enter the Russian Federation with foreign passports.