Employment Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.
The statute of limitations provides a time limit in which a plaintiff can bring a lawsuit without it being time barred by the court. With few exceptions, if this time limit passes, the plaintiff will be forever barred from bringing the suit. Like other types of claims, there is usually an applicable statute of limitations.
Can an employer retaliate when a worker files an OSHA complaint or files for workers’ compensation benefits?
The compensation structure is the most interesting thing in a group medical practice (at least for me). In this article I offer a few compensation structures for your consideration. Read on, friend, if eat-what-you-kill sounds like your cup of tea.
Whistleblowers brought two False Claims Act lawsuits for Medicare fraud against UnitedHealth Group, Inc. the first in 2011 and the second in 2014. The U.S. Department of Justice joins these whistleblower lawsuits against UnitedHealth Group, Inc. for Medicare fraud.
Age discrimination is an employment issue that is commonplace in Los Angeles, California. It involves subjecting an employee who is 40 years of age or older to discriminatory actions in any aspect of his or her employment, from hiring to termination. But like any other form of discrimination in the workplace, it is considered illegal under prevailing federal and state laws.
An amendment to our laws, now makes it illegal for employers to discriminate against transgender individuals, on grounds of sex. Prior to August 2014, the law only made reference to sexual orientation, without specific reference to those who underwent gender reassignment.
An employee injured in New York State will likely have to decide whether to retain a workers' compensation lawyer to assist in the claim. For a myriad of reasons, more often than not it makes sense to secure the services of an experienced attorney.
Each year thousands of U.S. workers die and millions more are injured in workplace accidents. In fact, according to the Bureau of Labor Statistics, there were 4,383 fatal work accidents and 3.7 million nonfatal work injuries in 2012.
This article discusses the question which is frequently posed wether a forein company can employ workers in Belgium.
Abuse of sick leave entitlements is not a new issue in Malaysia. Employers and employees alike should ensure they are fully educated on the laws surrounding sick leave entitlements.
The Malaysian Personal Data Protection Act 2010 (“the Act”) came into force on 15 November 2013. With it, businesses in Malaysia are now faced with additional responsibilities and requirements when it comes to dealing with personal data of their employees, suppliers, and customers. This article summarizes the key issues to note under the Act.
A guide for both employees and employers in Philippine Labor setting concerning payment of separation pay.
It is common knowledge that lawsuits brought by current or former employees are generally bad for an employer’s business. Employee lawsuits not only disrupt the daily operations within the company or organization, but they also are extremely costly to defend.
Retaliation takes place when an adverse action is taken against an employee for filing a complaint of discrimination or assisting another employee in his or her complaint of workplace discrimination.
The Family and Medical Leave Act of 1993 (“FMLA”) provides up to 12 weeks of unpaid leave to an eligible employee for his or her own serious health condition or the serious health condition or military service of a family member.[i]
Fourth Circuit Broadens Definition of Disability Under the ADAAA to Include Temporary Impairments - Article on a recent decision by the Fourth Circuit Court of Appeals on a disability discrimination case and the interpretation of what types of temporary impairments constitute a "disability" under the Americans with Disabilities Act ("ADA").
Labour law is a wide field that features many pitfalls. Of particular importance is, for example, the conclusion of the employment contract as well as termination giving due notice.
The New York State Workers' Compensation Law is, in essence, a form of social insurance. The intent of the compensation statute is clear: protect and compensate employees injured at work.
Executive employees and management personnel occupy central positions in firms and are therefore subject to different legal conditions. This has implications for the employment contract and termination.
By Bighorn Law
Many employees have to sign "non-compete" agreements, often as a clause in initial hiring paperwork. Such clauses can throw a wrench in the hunt for new employment, and can cause you to be terminated from your new job. Here's what you need to know.
In California, the general rule is that employment is “at will” and therefore employers may terminate employees at any time and even for no reason. However, many employers fail to realize that an employee cannot be terminated for illegal reasons pursuant to applicable federal and state employment laws. In particular, California employers are prohibited from discharging employees because of their inclusion in a protected class.
According to a Parliamentary answer by the Maltese Employment Minister Evarist Bartolo, a total of 10,035 EU nationals were working in Malta as at end of December 2013.
The issue of whether a worker is an independent contractor or an employee is currently on the minds of many business owners. In fact, the California legislature has recently established a strong disincentive for wrongly classifying individual workers as independent contractors.
Sex discrimination is one of the most prevalent issues in the realm of employment. It involves preferential treatment favoring the male or female sex. The most common example of such discrimination is an employer’s preference of male employees over their female counterparts in various aspects of employment.
There are a variety of injuries and illnesses suffered by workers in New York State. In addition, although it is fairly common to see neck and back injuries in strenuous occupations, even the most sedentary jobs can result in the development of serious orthopedic problems. It is clear, however, that certain jobs present with an increased risk of injury.
The state of California is one of the most liberal states in the country with respect to protecting employee rights in the workplace. In this regard, the failure to comply with state laws puts employers at risk of being sued in civil court and/or being the subject of investigations based upon employee administrative complaints submitted to state and/or local government agencies.
Pursuant to the Fair Employment and Housing Act (FEHA), California employees with disabilities are protected from workplace discrimination, harassment, and retaliation. However, while the FEHA protects disabled employees all over the state of California, not all employees are aware of its coverage.
Although percentage-based pay may create desirable incentives from an employer’s standpoint (and eliminate the need to pay employees for down time), this strategy can result in significant potential liability, including possible exposure to class action lawsuits. This may even be turning into a nationwide trend (with salon workers pursuing similar wage and hour claims in New Jersey and New York).
California’s overtime law provides that every non-exempt worker is entitled to receive one and one-half times the regular rate of pay for every hour they work over 8 hours per day and/or 40-hours per workweek. If employers perform work over 12 hours during a single workday, they are entitled to twice the regular rate of pay.
A very common defense to a work related claim is to contend that the employee did not provide proper notice of the work related accident. Raising lack of proper notice is fairly standard procedure for New York State employers and insurance carriers and can be the subject of considerable litigation.
Chiropractic care remains somewhat controversial in New York Workers' Compensation claims. A great majority of injured workers claim great benefit from manipulations, often contending that they are unable to function without treatment. Self-insured employers and insurance carriers view chiropractic care as an unnecessary expense, often claiming that the treatment is excessive.
Each year millions of workers are injured in on-the-job accidents. While many of those injured workers will be able to return to their existing job after a period of recovery, some injured workers are injured to an extent that they are unable to return to their pre-injury job. In these situations, the injured worker may be able to receive vocational rehabilitation benefits under the applicable state workers’ compensation program in order to help him or her obtain a new job.
Healthcare is the fastest-growing sector of the U.S. economy, according to the U.S. Centers for Disease Control and Prevention (CDC), employing over 18 million workers – the majority of which (80%) are women. Healthcare workers – including doctors, nurses, lab technicians, pharmacists, and a number of other professionals – are exposed to a wide range of occupational hazards.
Social Security disability benefits can be paid to people who have recently worked and paid Social Security taxes and are unable to work because of a serious medical condition that is expected to last at least a year or result in death. The fact that a person is a recent parolee or is unemployed does not qualify as a disability.
On September 26, 2013, the Minister of Labour and Welfare passed an Order No 125/CAB/MIN/ETPS/MBL/DKL/dag/2013 amending and supplementing this Departmental Order No 028/CAB/MIN/ETPS/DKL/dag/2013 of March 18, 2013 establishing the rate of monthly employer's share to be paid by Employers to ONEM in accordance with article 93 as stipulated in the Constitution of Democratic Republic of the Congo, which allows the Minister to decide by means of an Order.
In New York State, Section 32 of the Workers' Compensation Law permits an injured worker to settle any and all issues is a claim. In the typical situation, a claimant agrees to waive his or her right to future medical care and indemnity benefits in exchange for a lump sum. An injured worker should take great care before accepting such proposal and should carefully consider the ramifications of waiving future rights.
Construction workers are especially vulnerable to work-related injuries. According to OSHA, nearly 6.5 million people work at approximately 252,000 construction sites across the nation on any given day, and the fatal injury rate for the construction industry is higher than the national average for all industries.
As part of its personnel management directed by Congress, the Navy is using civilian misconduct as a indicator for discharging persons.
Section 114 (a) of the New York State Workers' Compensation Law governs fraud and carries significant penalties. If an injured worker is found to have committed fraud, he or she runs the risk of a permanent ban on receipt of indemnity benefits and a permanency award. Claimants may be unaware that a failure to disclose a prior similar injury or condition can result in a fraud finding.
Where a worker is paid commission on the basis of sales made this commission must be included in the calculation of holiday pay.
Last month Judge Padovani Grima ordered the Ladybug Corporation to pay the 22 crew members, the sum of €205,694, in lieu of salaries and repatriation expenses, after that the owners had stopped communication with the International Transport Workers’ Federation, refused to take calls and had abandoned the crew and vessel.
What happens after filing an initial claim for Long Term Disability: The agony of ongoing and periodic LTD eligibility reviews. Throughout the duration of your LTD claim, you will be subject to ongoing and period eligibility reviews.
Some of the legal issues that a person starting business in Azerbaijan would need to consider. This article covers corporate registration, tax and employment aspects of starting and operating business in Azerbaijan.
Injured employees, including those with hearing loss, are entitled to benefits under workers' compensation.
Each year, more than 4,000 workers die from workplace accidents, and an additional 50,000 die from occupational diseases, which averages to 150 worker deaths every day in this country, according to Jessica Martinez, deputy director of NCOSH.
Construction workers are particularly susceptible to ladder injuries, making up an estimated 81% of fall injuries treated in emergency departments throughout the country.
If you or your family is faced with a medical condition or issue that requires you to take leave from your job, you may have more protection than you think. Many employers must offer employees 12 weeks of leave for their medical conditions and medical conditions of their families necessitating leave under the Family and Medical Leave Act (FMLA).
The New York State Workers' Compensation Law is designed to protect injured workers. Employers are required to have insurance coverage or risk significant and severe penalties. In addition, one could argue that the law provides an equal benefit to employers by preventing a direct lawsuit by employees. In spite of this, a general perception persists among some injured workers that claims should be avoided for fear of retaliation.
Disabled individuals, or those with medical conditions that impair their ability to work, are often frustrated with the process of proving their disability or understanding what and how much of their medical information they must disclose. Frequently, they also express frustration with their doctor’s office in providing the necessary information. But patients are more powerful in these situations than they realize.
Recent studies reveal that a logger is the most dangerous job in America as it has the highest fatality rate. However, it has been my experience as a New York State workers' compensation practitioner that the highest injury rates can be found in the medical profession, a contention which now seems supported by a recent study.
Most workplace deaths in this country may be preventable, according to a new report from the National Council for Occupational Safety and Health (NCOSH). More than 4,000 workers die every year from workplace accidents, and an additional 50,000 die annually from occupational diseases, which averages to 150 worker deaths every day in this country, according to Jessica Martinez, deputy director of NCOSH.
There is never a shortage of issues to discuss in the world of personal injury, and April 2014 has been no exception. Current topics include mammography and its coverage by the media, dysfunction in healthcare, schools near dangerous chemical facilities, and a potentially record-breaking rate of car recalls this year.
By Kassouni Law
A common law system (one where previous court opinions define the meaning of the law) can be very useful. It can also result in some rather bizarre arguments being taken seriously, and even garnering the support of some members of the Supreme Court. Case in point: the plaintiffs position in Schuette v BAMN which the Supreme Court decided this week.
An Arkansas Court recently overturned an Aetna denial of long term disability benefits because Aetna relied on a flawed vocational assessment report which listed jobs that the claimant was not actually qualified to perform.
Unfortunately, some industries do not necessarily have accurate reporting mechanisms on work-related injuries and illness, which make it more difficult for regulators and lawmakers to identify and address occupational health problems.
Workers who are exposed to high levels of noise while on the job may be at risk of developing hearing loss and other occupational hazard injuries. Not only are these workers at a higher risk of hearing loss injuries, but a new Canadian study from the Institut National de Santé Publique shows that workers with noise-induced hearing loss may also be at a higher risk of other injuries in the workplace.
Back injuries, such as a herniated disc, sprain, or fractured vertebrae, continue to be one of the most common work-related injuries. In the workplace, back injuries can occur when lifting or carrying heavy objects, or due to repetitive motions.
Disability payments from private sources, such as private pension or insurance benefits, do not affect your Social Security disability (“SSD”) benefits.
If you are one of the millions of temp workers in this country, you may be unsure of your employment rights, including protections against discrimination, eligibility for workers’ compensation benefits, and wage and hour rights. Temporary workers can rest assured: while you may not have the same job security that full-time employees have, you do have a number of employment rights and protections.
Going to prison should not mean the end of someone’s potential. However, upon re-entering society, many released prisoners find fewer opportunities than when they entered the prison system.
As of January 5, 2014, Wisconsin’s unemployment insurance laws changed dramatically. The new law codifies and expands the definition of misconduct and creates a lesser standard which employers may use to prevent a n employee from collecting benefits. This article will briefly outline the changes to Wisconsin’s unemployment insurance law related to discharged employees.
Workplace accidents and injuries can happen in any job and in any industry. But just like there are some jobs and industries are more prone to workplace accidents, certain work-related injuries occur more often than others.
A whistleblower will receive $63.9 million for providing information to the government that lead to a recovery.
According to Forbes, some of the jobs that are commonly thought of as dangerous actually result in the fewest fatalities. For instance, firefighting and tractor operation are safer jobs than being a car mechanic.
Whistleblowers are now able to file certain complaints online. Whistleblower complaints that are overseen by OSHA can be filed online.
The high rate of accidents and injuries on communication towers is “unacceptable,” according to Occupational Safety and Health Administration (OSHA) administrator David Michaels. Michaels issued his remarks at the National Association of Tower Erectors’ conference, which took place February 24-27, and he stressed the need for proper safety precautions related to communication towers.
Pursuant to its annual inspection plan under the Site-Specific Targeting program, OSHA plans to direct enforcement resources to those workplaces that have the highest rates of injuries and illnesses.
Personal injury and workers' compensation lawyers have been discussing several important topics in the last few weeks, including the safety of surgical robots, the inadequacy of temp worker laws, employer abuse of the workers' compensation system, and the idea that doctors seek locations with lax regulations on professional liablility. This article is a brief summary of four separate articles detailing those topics.
A $6.5 million dollar settlement has been reached in a federal whistleblower lawsuit. There were allegations that a military contractor had submitted inflated bills to the government.
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.
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.
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.
“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.
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.
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.
Determining who qualifies as a dependent for workers' compensation death benefits can be a complicated issue.
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.
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.
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.
A California based nursing home operator has agreed to pay $48 million dollars in a settlement related to two whistleblower lawsuits.
Various ways of financing the bringing of an Employment Tribunal claim in the UK and Wales.
The effect of existing employment non competition covenants when setting up your own business in competition with a former employer.
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.
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?
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.
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.
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?
Under certain circumstances, standard provisions regarding agreed-upon notice periods for sales representatives may be inappropriate.
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.
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?
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.
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?
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.