Employment Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Employment.
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.
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.
Before settling your claim, it is important that you investigate a fair and accurate value for your damages.
Employees claim they were forced to work after clocking out.
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.
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.
When obesity is – and isn’t – a disability
LAG Rheinland-Pfalz: Applying Fixed Terms to Employment Contracts Based on Objective Grounds in Germany
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.
Company sued for violating Americans with Disabilities Act.
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.
Employer created phony records to cover up wage and hour violations.
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.
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.
Kazakhstan's Accession to the WTO: What Has Changed in Internal Employees’ Transfer (Intragroup Relocations)?
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.
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.
Employee alleges that company owner continually made her stay late so he could sexually harass her
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.
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.
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
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.
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.
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.
New study shows that 20% of HR managers claim women are paid less for the same work.
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).
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.
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.
Retailer under fire for misclassifying workers as management
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).
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.
New supervisor terminated worker who could do his job with accommodations.
New legislations strengthens restrictions on background checks.
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 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.
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.
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.
School employee suspended after refusing to stop 50-yard line invocations.
Court decision considers who is liable for harassment: the temp agency or the client?
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.
If an employee submits a forged doctor’s certificate for sick leave (Arbeitsunfähigkeitsbescheinigung), this may result in dismissal with immediate effect.
Staffer told she had to prove she was capable of working.
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.
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 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.
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.
Court decision may open floodgates for more age discrimination cases.
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.
Key rules and regulations of Polish Employment Law.
Statistics shows that wage and hour lawsuits have risen by 30% since 2011.
Lawsuit alleged pattern of shortchanging employees of women’s athletics program.
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.
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.
On November 12, 2015, a class action lawsuit was filed against global oilfield services company, MudTech Services, alleging that the company did not pay overtime wages as required by law. A former MudTech employee has filed the lawsuit individually and on behalf of all other MudTech employees who claim that they were not paid overtime wages.
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?
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 short answer to this question is “sometimes” regarding California state law on the subject of exempt versus non-exempt status of employees. However, before making decisions concerning the status of an employee, and whether to pay an employee a salary, or instead by the hour, an employer should consult with an employment law attorney who handles wage and hour issues.
In many cases, it is necessary for an employer to issue the employee in question with a final warning before the former can effectively give notice of dismissal. In the absence of a formal warning, the dismissal may be invalid.
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.
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.
A New Jersey whistleblower formerly employed by the J-M Manufacturing Company, the leading supplier of PVC pipes in the United States and Canada, is in line to receive over six million dollars from a settlement reached in negotiations with J-M’s parent company, Formosa Plastics Corporation, USA (FPC-USA). The case alleges that the company knowingly supplied sub-standard piping to over 80 plaintiffs in California, Massachusetts, Nevada, and Virginia
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.
Most employers are aware that their “non-exempt” employees must be paid no less than the minimum wage prescribed by federal and/or state wage and hours laws. It is less commonly known that some salaried employees must also be paid overtime.
As a matter of rule, individuals who are not citizens of an EU Member State (also known as Third Country Nationals-TCNs) must be in possession of an employment licence (also known as work permit), in order to both legally reside and work in Malta.
Close to 500 hospitals nationwide are set to pay approximately $250 million to settle allegations under the False Claims Act that they implanted cardiac defibrillators in violation of Medicare rules. One of these hospitals is Lancaster Regional Medical Center located in Lancaster County, Pennsylvania. This settlement demonstrates the importance of health care providers’ strict adherence to Medicare rules when seeking reimbursement.
There are many nuances in the FLSA on which many employers are not well versed, violations of which can lead to very significant penalties. This articles speaks specifically to the FLSA: Bonuses and Calculating Overtime Pay to help employers avoid such penalties.
Confidentiality Agreements, Non-Competes and Non-Solicitation Agreements are often referred to as "Restrictive Covenants." When should they be used? Why are they used?
Business owners have frequently asked whether they should have an employee handbook. Simply put, an employee handbook is absolutely essential for employers of all sizes to have on file. At the time of hire, the new employee should receive the handbook and acknowledge its receipt. An Employee Handbook is an important part of an employer's risk management strategy.
An example of how some companies prey on workers who don’t know their rights.
Employers have to be careful when applying fixed terms to employment contracts. A temporary employment relationship can quickly turn into a permanent employment contract.
Can companies be held liable for retaliating against an individual who has a close relationship with a fellow employee who has engaged in obvious protected activity, but may not have engaged in protected activity herself? The short answer is, it depends on under what law the retaliation took place and how the phrase "close relationship" is defined.
According to a ruling of the OLG Oldenburg (Higher Regional Court of Oldenburg), luring employees away from competitors does not constitute a violation of competition law (Az. 6 U 135/15).
A current and hot topic in corporate America these days is that of Workplace Bullying. Workplace bullying has become a very serious problem, affecting a large number of employees across the country. In fact, it not only affects the employees themselves that are on the receiving end of the bullying, but it also naturally affects morale within a company as well as the efficiency of an office.
According to a ruling of the Bundesarbeitsgericht (German Federal Labour Court), unauthorised private use of an official computer may justify an exceptional notice of termination under employment law.
In the field of employment law, refusing to work, including refusing overtime, can justify termination of the employment contract. That was the decision of the LAG [Landesarbeitsgericht] Mecklenburg-Vorpommern (Regional Labour Court of Mecklenburg-Western Pomerania) (Az.: 5 TaBV 7/14).
Well-qualified female applicants routinely turned away.
German Successive Fixed-term Employment Contracts Do Not Automatically Give Rise to Right to Permanent Position
According to a recent ruling of the Landesarbeitsgericht Hessen (Regional Labour Court of Hesse), successive fixed-term employment contracts do not automatically give rise to a right to a permanent position (Az.: 2 Sa 1210/14).
In the field of employment law, a notice of termination is considered to have been received if it has entered the sphere of control of the recipient, who was thus able to receive notice of the dismissal.
Owing to its authority to give directions, an employer is allowed to designate the place where work is to be performed if no other arrangements have been made in the employment contract. That was the decision of the LAG Rheinland-Pfalz (Regional Labour Court of Rhineland-Palatinate).
Trying to Get Staffers to Work Off-the-Clock Backfires Big Time; Company Pays $3.1 Million Settlement
Employees were paid by the task rather than actual time spent working.
An office holiday party is compulsory in most American businesses. According to a recent poll of human resources departments across the country, an estimated 90% of companies will gather after hours for merriment and good cheer this holiday season. Depending on the location of an office holiday party and whether or not alcohol will be served, Philadelphia Workers’ Compensation lawyers say that liability for work accidents occurring during or after the festivities should be a concern.
Recently a case was brought before the Industrial Tribunal by an aggrieved employee who had his employment terminated after being in employment for six years pursuant to an indefinite contract with Maltco Lotteries Limited.
Are you being harassed at work due to your sex or gender? If so, you may be able to file a workplace harassment complaint. Not only does California law protect employees from workplace discrimination and retaliation, but also a variety of forms of harassment in the workplace However, it can be difficult to know what exactly your rights are when it comes to sex and gender harassment in the workplace.
Many employers require an employee to give two weeks’ notice in order for that employee to be eligible for rehire. By providing this notice, the employee is informing the employer of his or her plan to leave employment. Generally, employees are not entitled to unemployment benefits if they voluntarily quit their job. However, this idea becomes murky when the employer terminates the employee before the employee has the opportunity to leave by the designated date.
If you are a piece rate employer you may know about two recent cases: Gonzales v. Downtown LA Motors, 215 Cal.App.4th 36 (2013) and Bluford v. Safeway, Inc., 216 Cal.App.4th 864 (2013). In those cases California appellate courts made two crucial holdings regarding piece rate payment systems.
Staffer returned from maternity leave – only to find her job had been filled
There are substantial amendments to the Bulgarian employment law and particularly to the Labour Code (“LC”)1 effective from 17th July 2015. Some stylistic amendments modernizing the legislation are also introduced. In view of these novelties in the legal framework, this alert aims at presenting highlights on the most important employment law changes.
Nearly 30 million Americans have diabetes today. Medical and treatment advances have allowed people with diabetes to maintain long and productive lives, at school, at home and at work
In a case that’s nearly too crazy to believe, a boss who pulled a gun on a worker got a pass in court, while the worker was dinged for not filing a form.
Diagnostic Pathology Group Pays $500,000 to Settle Allegations that Physicians Were Given Electronic Medical Record (EMR) Software in Exchange for Patient Referrals
By M F Ejchel
When a foreign worker provides services in Brazil the laws governing the contract are the laws of the country of origin or the laws of Brazil? This special article is about the foreign employment in Brazil and principles adopted by the Brazilian Labor Court on the demands arising from those relationships.
The elements of a cause of action under the New York Whistleblower Law.
Each year, over 4,500 workers are killed in this country. While the number has decreased since the 1970s, the annual number has remained steady for the last decade. Workers' compensation laws often fail to protect workers from serious work hazards. The exclusivity provision of workers' compensation laws in most states prevents injured workers from bringing lawsuits against their employers. This tends to create a situation in which employers often ignore critical safety regulations.
What Pennsylvania law says about why you can and can’t be fired.
The Landesarbeitsgericht Köln (Regional Labour Court of Cologne) has ruled that insulting one’s superior on one occasion does not by itself justify termination of an employment contract (Az.: 11 Sa 905/13).
Due to the difference in the levels between employers and employees, an employer may sometimes try to take advantage of this greater power by requesting an employee to commit some illegal act to further business or personal interests.
When a person quits or is terminated, he or she may believe that he or she is entitled to the last paycheck immediately. However, this is often not the case. The employer may have a certain amount of time to provide this check to the employee. However, if the employer refuses to pay the employee for the hours he or she worked, the employee may have legal options to recover these unpaid wages.
Taiwanese Ministry of Labor published model rules for Labor Relationship on October 5th, 2015. When an employer would like to protect the business interests and an employee would like to know his/her rights after an employment contract is terminated, this article explains the new model rules which both the employers and the employees should pay attention to.
Employee is harassed after not acting like a “man’s man”.