Employment Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Employment.
February 24, 2014 By The Evans Law Firm
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.
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.
February 17, 2014 By The Evans Law Firm
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.
February 17, 2014 By Livnat, Mayer & Co.
Significant Issues in Employment Law in Israel
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
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
January 27, 2014 By The Evans Law Firm
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.
January 20, 2014 By The Evans Law Firm
A California based nursing home operator has agreed to pay $48 million dollars in a settlement related to two whistleblower lawsuits.
December 31, 2013 By Simons Rodkin Litigation Solicitors
Various ways of financing the bringing of an Employment Tribunal claim in the UK and Wales.
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.
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.
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?
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.
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.
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?
December 13, 2013 By GRP Rainer LLP
Under certain circumstances, standard provisions regarding agreed-upon notice periods for sales representatives may be inappropriate.
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.
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?
December 9, 2013 By The Evans Law Firm
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.
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?
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.
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?
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?
November 22, 2013 By The Evans Law Firm
Sutter Health decided to settle a whistleblower case before trial. The case involved allegations of double billing for anesthesia services at hospitals in California.
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.
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?
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.
November 15, 2013 By The Evans Law Firm
Whistleblower reward programs could help California recoup lost tax revenue.
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?
November 11, 2013 By The Evans Law Firm
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.
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?
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?
November 8, 2013 By The Evans Law Firm
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.
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)?
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.
October 30, 2013 By Driscoll & Associates, P.S.C.
If your claim for Long Term Disability ("LTD") benefits has been denied or terminated, this article may answer some of your questions and concerns.
October 28, 2013 By ADMD Law Office
The Turkish Labor Law No. 4857 ('the Law') sets forth the procedures and the circumstances for termination of employment contracts of employees by employers. With the confines of the Law, two separate termination mechanisms, namely rightful (just) termination and termination based on justifiable cause are available.
October 23, 2013 By Dell & Schaefer Law Firm
In an ERISA disability lawsuit against Boston Mutual, Federal Judge upholds decision to deny Southside Machine Works employee’s long term disability benefits.
October 22, 2013 By McKenzie & Snyder, LLP
The usual avenue for employees seeking compensation is through a worker's comp claim. An exception to this is an intentional tort claim. This case examines a man suing a city for an assault he suffered while working for the city.
October 22, 2013 By HG.org
If you have seen something at work that must change, but your employer is unwilling to do anything about it, what can you do? Will you be protected or can your employer immediately terminate you? How much will you jeopardize your job by doing the right thing?
October 16, 2013 By Law Office of James M. Hoffmann
The Missouri workers’ compensation commission has made an unexpected decision by allowing a man to receive workers’ comp benefits. The man and his supervisor had gotten into a physical fight. The case was heard by the Commission in order to determine whether or not what happened constituted a workplace accident.
October 15, 2013 By GRP Rainer LLP
Legal provisions cannot be circumvented by acceleration clauses in employment contracts.
October 7, 2013 By GRP Rainer LLP
Under certain circumstances, standard provisions regarding agreed-upon notice periods for sales representatives may be inappropriate.
October 4, 2013 By Law Office of James M. Hoffmann
Having to go to court to prove a workers’ compensation claim is not ideal. Resolving the case through settlement or mediation is often preferred because of the expense and stress of going to court. However, in order to receive the compensation you are entitled to, sometimes taking your case to court is necessary.
October 2, 2013 By HG.org
Leaving a job, whether intentionally, by being fired, or through circumstances beyond your control (such as layoffs), is almost always tinged with at least a little (and often a lot) of stress. One of the biggest concerns faced by many in this position is what sorts of benefits they are entitled to? Will their insurance continue? Are they guaranteed a severance? What happens if they cannot immediately find a job?
September 25, 2013 By Ankin Law Office, LLC
California has moved one step closer to making its controversial workers’ compensation bill a reality. Earlier this month, the California Senate voted to pass the bill, which restricts most professional athletes playing for out-of-state teams from filing workers’ compensation claims in California. The bill is now awaiting the signature of Gov. Jerry Brown.
September 23, 2013 By GRP Rainer LLP
An employment relationship can be established regardless of whether a service contract was signed, even after contract work under instructions.
September 17, 2013 By GRP Rainer LLP
If an official working on call is entitled to compensatory time off, this also applies to his/her appointed substitute.
September 11, 2013 By HG.org
A former Abercrombie & Fitch employee has won a major discrimination case against the popular clothing company. Umme-Hani Khan, a 19 year old Muslim woman obtained the assistance of the U.S. Equal Employment Opportunity Commission.
September 9, 2013 By GRP Rainer LLP
The driving expenses of flight crews between their home and their assigned airport can be deducted in full.
September 8, 2013 By HG.org
In Illinois, employers have a duty to their employees to provide a safe work environment that protects them for injury on the job. This is even more true where industrial equipment or manufacturing machines are in use. But, industrial workplaces like factories, energy plants and warehouses have a higher than average rate of injury and death for their workers.
September 4, 2013 By HG.org
Do you have a trouble employee that can never seem to make it to work when they are supposed to? Either they are always late or they are not there at all? How should you go about disciplining this employee, particularly if you have let it slide in the past? Is there any risk to firing someone for claiming too much sick time (even if they are entitled to those days under the terms of their employment)?
Employment Relationship with Transferred Employee Despite Transfer Agreement – Employment Law - Germany
August 28, 2013 By GRP Rainer LLP
An employment relationship with the host business can be assumed under certain circumstances despite any transfer agreement.
Establishment of an Employment Relationship after Longstanding Deployment of External Employees - Germany
August 26, 2013 By GRP Rainer LLP
Irrespective of any contract to produce a work, an employment relationship can emerge even in the case of external employees deployed and bound by instructions if integrated into the business.
August 21, 2013 By HG.org
A "whistleblower" is someone who reports a violation of the law by his or her employer. The violation may be against the reporting employee, as with sexual harassment claims, or may be a general violation like illegally polluting, securities violations, etc. While the law is supposed to protect people for doing the right thing, often whistleblowers are fired after reporting the inappropriate situation. So what should you do if you have been fired after blowing the whistle?
August 21, 2013 By ADMD Law Office
Maternity leave (also referred as parental leave, paternity or adoption leave) is a form of an employee benefit that provides paid or unpaid time-off from work for the purposes childbirth or child welfare. Maternity leave is guaranteed mostly by the constitutions or by statutory regulations in all EU states including Poland, as well as in Turkey. This brief information note aims to summarize the systems in Turkey and in Poland.
August 20, 2013 By HG.org
Sexual harassment is usually defined by Courts and employers using the definition of sexual harassment contained in the guidelines of the U.S. Equal Employment Opportunity Commission (EEOC). This language has also formed the basis for most state laws prohibiting sexual harassment. The guidelines define sexual harassment as:
August 18, 2013 By HG.org
Employment law can be confusing and it can be difficult to learn what your rights are and what you are entitled to. When an employer does not pay for something (whether regular wages, overtime, tip splitting, reimbursements, or something else) it can be very frightening and confusing. Is the employer right? Should I even bother fighting? This is a list of ten workplace violations that employees should be aware of and for which legal help may be available:
August 18, 2013 By HG.org
The quick answer is everyone is protected from employment discrimination. But, more specifically, who are the protected classes? Which businesses are subject to employment discrimination standards? What constitutes discrimination?
August 16, 2013 By HG.org
Illinois workers' compensation laws allow employees who are injured in the course of their work on a job to seek payment from their employer's workers' compensation insurance carrier for their injuries. If you believe you have a workers' compensation claim, you should try to gain a basic understanding of laws dealing with workers' compensation in Illinois.
Contractual Forfeiture Clause Does Not Lead to the Exclusion of Liability for Deliberate Acts - Germany
August 13, 2013 By GRP Rainer LLP
A contractual forfeiture clause included in an employment contract may not necessarily apply in the case of already legally regulated cases.
August 8, 2013 By GRP Rainer LLP
In determining the valid grounds of immediate termination of a Managing Director, the knowledge available to the parties in regards to the reasons for making the termination effective are decisive.
August 6, 2013 By GRP Rainer LLP
The employer of an employee returning after parental leave must provide for a part-time employment option.
July 30, 2013 By GRP Rainer LLP
The works council of company hiring temporary workers can reject the borrowing of a temporary worker on more than a temporary basis.
July 24, 2013 By GRP Rainer LLP
Employers may not set iniquitous parameters when choosing employees for the purposes of a secondment. Thus, the restriction solely to formerly temporary employees is impermissible.
July 23, 2013 By GRP Rainer LLP
Circumstances may lead to the termination of a compliance manager when it comes to monitoring measures taken with regard to an employee.
July 22, 2013 By GRP Rainer LLP
The Federal Supreme Court has issued a decision in regards to the termination of a commercial sales agent which has been determined to represent unreasonable discrimination only due to the provision of a termination notice period of 12 months.
July 16, 2013 By Turley, Redmond, Rosasco & Rosasco, LLP
You do not have to be "totally disabled" or an invalid! For many claimants, you only have to be disabled from your former type of work. The Social Security Administration will take into consideration your age, education and past work experience in deciding if you are disabled under their rules. Every case is unique.
July 16, 2013 By Ortega Business Law Firm, APC
An employer’s extension of a recently-retained employee is not an action employers summarily or frequently take. Oftentimes the employer is afraid to modify its probationary period policy for fear of repercussions if it/he/she does so. Other times, the employer simply does not have sufficient information to form a viable decision.
July 15, 2013 By Frishberg & Partners
On July 5, 2013, the Cabinet of Ministers’ Resolution No. 437 regarding “Issuance, Prolongation of the Validity Term and Annulment of Permissions for the Use of Labor of Foreigners and Stateless Persons”, dated May 27, 2013 (the “Resolution”), came into force. The Resolution establishes the new list of documents required for obtaining work permits for foreign individuals hired for labor in Ukraine.
July 15, 2013 By Frishberg & Partners
Once again, the Ukrainian government has introduced amendments to the Ukrainian immigration rules. This time, the amendments are designed to decrease the volume of documents required for foreign work permits and temporary residency permits.
July 12, 2013 By GRP Rainer LLP
A reference in the dismissal to the relevant statutory deadline provisions is sufficient, if it is possible to identify the date on which the employment relationship is supposed to come to an end.
July 11, 2013 By Pardini & Associates
Any applicant hired by a company within the 10% of the Panamanian payroll or 15% (Technicians) will be entitled to opt for a permanent residency status as long as the process is completed.
July 10, 2013 By GRP Rainer LLP
In the view of the Federal Court of Justice, the level of knowledge of the board deciding on the dismissal is decisive in determining the reasons for a dismissal of a GmbH director without notice.
June 21, 2013 By GRP Rainer LLP
A rejected job applicant should not have a right to information vis-à-vis the employer regarding whether the employer has hired another applicant or on the basis of which criteria people were hired.
Compensation Payments for Vacation or Holiday Leave Time Entitlements According to Labor Law - Germany
June 19, 2013 By GRP Rainer LLP
If an employee waives compensation for leave in the context of a settlement with the employer, EU law cannot stand in opposition to such a waiver.
Industrial Tribunal Decision – Maria C. Debono vs Foster Clark Products – Injury Leave - Unfair Dismissal
June 16, 2013 By CSB Advocates
On the 4th June 2013 the Industrial Tribunal, following a claim for unfair dismissal filed by Mrs Maria Concetta Debono, awarded a decision in her favor and ordered her re-instatement with Foster Clark Products Limited and the payment of wages for the duration of her unemployment.
June 14, 2013 By Law Office of James M. Hoffmann
The prevalence of narcotic prescriptions in the workers’ compensation system is receiving a lot of attention currently because insurers are becoming uncomfortable with assuming the cost of these prescriptions when it comes to long term use.
June 7, 2013 By FCB&A
An overview of key developments affecting doing business in Angola and an introduction to its legal system for foreign investment, currency regulations and incentives, business vehicles and relevant restrictions and liabilities. It provides short overviews on the laws regulating employment relationships including redundancies and on competition law, data protection, product liability/safety, taxation/tax residency and IP rights over patents, trade marks, registered and unregistered designs.
June 6, 2013 By Law Office of James M. Hoffmann
A New Jersey Bus Driver was awarded workers’ compensation by a judge after her claim for benefits after experiencing an accident where she tripped and fell, breaking her foot, was initially denied.
June 5, 2013 By Ortega Business Law Firm, APC
California’s minimum wage was set at $8.00 per hour in 2008 and has since not been changed for the last six years. However, Assembly Bill 10 could change all of that.
June 5, 2013 By Dinova Rusev & Partners
This Q&A gives an overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; IP; restraint of trade agreements and proposals for reform.
May 31, 2013 By Dinova Rusev & Partners
This guide offers a high level overview of the key issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings.
May 29, 2013 By Law Office of James M. Hoffmann
Tyson Foods Inc. has been penalized in the amount of $4 million after harmful chemicals were accidentally released in different facilities in four states. Due to the chemical exposure several employees were injured and one died. Additionally, risk management practices will need to be reevaluated.
May 17, 2013 By GRP Rainer LLP
In several cases the Federal Labor Court (BAG) should have decided that temporary workers could be entitled to a higher salary for their work.
May 9, 2013 By Yingke Law Firm
Pregnant employees rights are protected with special care. There are six different leaves for them during pregnance.
May 8, 2013 By GRP Rainer LLP
The German Federal Labor Court (BAG) has decided that temporary workers could potentially receive more pay.
May 2, 2013 By The Whistleblower Law Firm
A recent study found that the federal government pays a significant amount of money, for Medicare fraud, to for-profit nursing homes.