Employment Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.

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Workers’ Compensation Lawyer Discusses How Illinois Workers’ Compensation Act Changes Affects Employees

  July 22, 2012     By Ankin Law Office, LLC
Interview with Howard Ankin – Ankin Law Office

Colorado Medical Assistance Act

  July 20, 2012     By Berg & Androphy
Colorado’s version of the Federal False Claims Act (FCA)2 is the Colorado Medical Assistance Act (CMAA).3 It is also known as the “Colorado Medicaid False Claims Act.”4

Connecticut False Claims Act

  July 20, 2012     By Berg & Androphy
The Connecticut False Claims Act (CFCA)2 is Connecticut’s version of the Federal False Claims Act (FCA).3 The federal and state statutes are similar in many aspects, but there are some differences between the two.

Delaware False Claims and Reporting Act

  July 20, 2012     By Berg & Androphy
The Delaware False Claims and Reporting Act2 generally models the Federal False Claims Act (FCA)3. - 1. Liability and Damages Provisions - The liability and damages provisions under the DFCRA are similar to those under the federal FCA. Generally, an individual will be liable under the DFCRA for the same violations as the federal FCA.

Georgia False Medicaid Claims Act

  July 20, 2012     By Berg & Androphy
Georgia’s version of the Federal False Claims Act (FCA)2 is the Georgia False Medicaid Claims Act (GFMCA).3 The statute was recently amended to look more like its federal counterpart. The changes became effective on July 1, 2012. Generally, the GFMCA models the federal FCA, although there are some differences.

Hawaii False Claims Act for False Claims to the State

  July 20, 2012     By Berg & Androphy
Hawaii’s state version of the federal False Claims Act (FCA)2 is the Hawaii False Claims Act for False Claims to the State (HFCAS).3

Can Obesity Be Considered a Disability for Social Security Claims?

  July 19, 2012     By Paul Giannetti, Attorney at Law
If properly documented by a physician, obesity can be the basis or contributing factor in a disability finding. For obesity to factor in, it must be determined that it represents a “severe impairment” either by itself or with other medical impairments. Obesity will be deemed a severe impairment if it significantly limits an individual’s ability to do basic work activities.

Does the Insurance Company Have to Offer a Settlement?

  July 19, 2012     By Paul Giannetti, Attorney at Law
Under the New York State Workers' Compensation Law, settlements under Section 32 are voluntary. The insurance carrier is not obligated or required to offer settlement. Nonetheless, in the vast majority of cases insurance carriers will be interested in trying to settle a claim.

No Background Check Authorization, No Background Check for You!

  July 19, 2012     By Walcheske & Luzi, LLC
For Wisconsin employers, a common question is "what happens if the job applicant refuses to sign the background check authorization form?" The obvious answer is, the employer cannot run a background check on the potential employee without a signed background check authorization form.

Don’t Ignore Letters from the Workers' Compensation Board or Insurance Company

  July 19, 2012     By Paul Giannetti, Attorney at Law
Many people make the mistake of disregarding notices from the Workers' Compensation Board because they are no longer missing time from work. Claimants believe that the paperwork cannot be important since their medical bills have been paid and they are earning their full wages. However, nothing could be further from the truth.

What Does it Mean to Have Carpal Tunnel Syndrome?

  July 19, 2012     By Ankin Law Office, LLC
While industrial jobs are hard to find in this economy, service-based roles have increased, causing more employees to suffer from Carpal Tunnel Syndrome, a painful disorder that is discomforting and sometimes there can be numbness of the hands.

Part VI – Reasonable Accommodation and its Interplay with OPM Disability The Rehabilitation Act/ ADA

  July 18, 2012     By Law Offices of Eric L. Pines, PLLC
Does the Federal Government Consider Me Disabled? As stated in previous posts, if you are disabled under the Rehabilitation Act (ADA) and you require a reasonable accommodation, the agency must provide you with that reasonable accommodation unless they can show that there is another less expensive effective accommodation, or they can show that accommodating you would be an “undue hardship” on the agency.

NFL Claims Workers’ Compensation Should Cover Players’ Head Injuries

  July 17, 2012     By Ankin Law Office, LLC
Last August we discussed lawsuits brought by over 75 ex-football players against the National Football League. The players sought unspecified amounts of damages for head injuries sustained over the course of their careers. The players alleged that the NFL knew of the harmful effects of multiple concussions as early as the 1920s, but kept that information from players until 2010. Riddell, the helmet maker, was also named in the lawsuit as a defendant.

Illinois Court Holds Shoulder Injury Does Not Constitute Scheduled Loss to Injured Arm

  July 17, 2012     By Ankin Law Office, LLC
An important Illinois workers’ compensation decision was handed down by the Appellate Court of Illinois, Third District, at the end of 2011. At issue in Will County Forest Preserve District v. Illinois Workers’ Compensation Commission, No. 3–11–0077WC, was whether a claimant’s shoulder injury qualified as a scheduled loss to the arm or a person-as-a-whole award.

Workplace Injuries in Pennsylvania - Right to Bring a Personal Injury Case?

  July 17, 2012     By Wolpert Schreiber P.C.
If you are injured in the course of your employment, you may have a personal injury claim if the injury was caused by a third-party (not your employer). In Pennsylvania, the Worker's Compensation Act was passed to both protect employers and facilitate with worker's compensation claims. What does this mean?

Your Teen and Their First Job

  July 17, 2012     By Ankin Law Office, LLC
Summer is here and many teens are receiving their first paychecks. As a parent there are a few things that you should be aware of regarding the Fair Labor Standards Act (FLSA) which regulates hours and standards for minors.

Wage Theft-Could That Be Happening To Me?

  July 17, 2012     By Ankin Law Office, LLC
In the continuing economic malaise, more and lower wage employees are experiencing problems with being properly paid by their employers.

Disability Discrimination and the Americans with Disabilities Act

  July 16, 2012     By Moody & Warner, P.C.
In the workplace, there are several different types of discrimination which employees could have to deal with. From age to pregnancy to religion to gender, employees could receive lower wages, be passed over for promotions, or be wrongfully terminated based on these issues.

Abuse of Visa Process Not a Reason to Deny Good Faith Petitions

  July 16, 2012     By The Shapiro Law Group
When Congress passed the L-1 Visa Reform Act of 2004 (the “L-1 Reform Act”) it did so to address a narrow and specific concern about some companies which had “outsourced” L-1B intra-company transferees to third party employers.

I-9 Audits: The Danger of Too Much Documentation

  July 16, 2012     By The Shapiro Law Group
After the wave of I-9 audits in recent years, employers have become rightfully wary of not documenting their immigrant workforce. Everyone knows by now that the penalties for hiring undocumented workers can be stiff. But what many employers do not realize is that there is a risk to over-documentation as well.

USCIS Rejecting L-1 and H-1B Petitions

  July 16, 2012     By The Shapiro Law Group
A recent report by the National Foundation for American Policy has demonstrated that adjudicators for the U.S. Citizenship and Immigration Services (the “USCIS”) have intensified their scrutiny of the popular L-1 and H-1B visa petitions utilized by domestic employers who need to import foreign workers with special knowledge or occupational experience.

Visa Slots Shrinking for Workers from India and China

  July 16, 2012     By The Shapiro Law Group
The number of green card of immigrant visas available for individual workers from India and China will shrink in months to come, according to pronouncements by Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the Department of State.

Update: Foreign Worker Slots Going Fast for FY 2013

  July 16, 2012     By The Shapiro Law Group
U.S. Citizenship and Immigration Services (“USCIS”) still has slots available in fiscal year 2013 for foreign workers in specialty occupations under the H-1B program, but petitions have been filed at a very brisk rate so far, and slots might not remain open for very long.

Employment-based Legal Residency Options

  July 16, 2012     By The Shapiro Law Group
Each year, a large number of undocumented workers are deported who are parents of U.S. citizens. Many of these workers might have been able to avoid deportation and painful separation from their families by simply contacting a good immigration attorney who could help them to pursue a legal avenue to employment-based permanent residency.

A Few Tips to Getting into the Offshore Industry

  July 13, 2012     By The Young Firm
After over 40 years of helping maritime workers, our firm has observed what it takes to get and keep an offshore job. If you are looking to tap into the oil and gas industry, then the following information may be helpful.

Background Checks and the Fair Credit Reporting Act

  July 11, 2012     By Walcheske & Luzi, LLC
A natural segue from our last article regarding conviction records is to briefly touch on background checks and the requirements of the Fair Credit Reporting Act (FCRA). For the truly ambitious, the you can read the complete FCRA text. Background checks are most commonly encountered during the hiring process. For that reason, we will focus on a scenario involving an employer and an applicant.

Employers Must Prevent Eye Injuries on a Construction Site

  July 6, 2012     By Glusing & Muher, LLC
Every year, more than 10,000 construction workers suffer eye injuries, that are serious enough for them to miss work. In fact, this industry has a much higher rate of eye injuries compared to other workplaces. Flying debris, nails flying off nail guns, and welding sparks - all of these can increase the risks of an eye injury on a construction site. Workers may be at risk from tiny bits of splinters and metal, as well as debris that is generated as a result of grinding and chipping activities.

Doing Business in the Dominican Republic

  July 5, 2012     By Mesa & Mesa Law Firm
Dominican Republic has best legal framework for the Foreign Investment - Legal System - The Constitution of the Dominican Republic defines the government system as being democratic, republican and presidential. It also provides that the exercise of power is divided among three independent branches: executive, legislative and judicial.

Our Youth Criminal Justice System: A Primer - Canada

  July 2, 2012     By Aitken Robertson, Professional Corporation
The most recent version of the Criminal law that applies to youth in Canada, the Youth Criminal Justice Act (YCJA), took effect in April 2003. Its predecessor was the Young Offenders Act (YOA) which came into force in 1984, and before that we had the Juvenile Delinquents Act (JDA) of 1908. The YCJA is longer and more complex than what came before, and is meant to address the problems found in the previous regimes......

OPM Disability: How Can I be Sure that my “Physician’s Statement” Contains Everything I Need for OPM Approval?

  July 2, 2012     By Law Offices of Eric L. Pines, PLLC
If you’ve already begun the process of applying for CSRS or FERS disability retirement benefits, then you’re probably intimately familiar with Standard Form 3112, “Documentation in Support of Disability Retirement Application.” For those who aren’t, there’s a section in the application called “Physician’s Statement,” which must be completed by your doctor.

Minnesota Civil Rights Law

  June 27, 2012     By Gaskins Bennett Birrell Schupp LLP
This article is an overview of the Minnesota Human Rights Act. The reader will learn about protected areas covered by this law and what actions are deemed unlawful. When the concept of civil rights is brought up, most people tend to think of broad, historical events like the civil rights movement, women's suffrage, and the Rodney King riots.

Notice on Individual Income Tax on the Work Related Injury Insurance - China

  June 25, 2012     By UB & Co. Attorneys and Counselors
The State Administration of Taxation has issued the Notice regarding the Policy of the Individual Income Tax on the Work-related Injury Insurance Treatment (the “Notice”) on May 3rd, 2012, which has retroactively become effective as of January 1st, 2011. May 13rd, 2012.

Job Search Difficult for Ex-Offenders

It’s generally against the law for most employers to discriminate against job applicants on the basis of race and national origin, among other characteristics. But these same employers routinely refuse to even consider hiring someone with a criminal record. The applicant with a record goes to the bottom of the pile – or doesn’t get into the pile at all.

Conviction Record Discrimination under the Wisconsin Fair Employment Act

  June 20, 2012     By Walcheske & Luzi, LLC
Like arrest record discrimination, conviction record claims are not under federal law, but rather only under the Wisconsin Fair Employment Act. Also like arrest record discrimination, the same “substantial relationship” exception can be applicable.

Stark and Anti-Kickback Laws Regarding the Compensation Structure of a Group Medical Practice

  June 13, 2012     By Matt Dickstein, Business Attorney
In this article, I briefly outline the legal requirements that apply when a group medical practice pays compensation to its members. My prior article, Compensation structures for a group medical practice, explained compensation plans from a non-legal perspective. This article talks about the law, specifically, medical practice compensation plans under California and federal referral laws (Stark and Anti-Kickback).

Compensation Structures for a Group Medical Practice

  June 13, 2012     By Matt Dickstein, Business Attorney
In this article, I talk about compensation plans for group medical practices. In general, a group practice pays its physicians in some combination of three ways: (1) salary, (2) productivity payments, that is, productivity bonuses or shares in profits or collections, (3) corporate dividends. Your balance of the three forms of payment determines in large part the culture of your group practice. Without further ado:

Physician Employment and Independent Contractor Agreements

  June 13, 2012     By Matt Dickstein, Business Attorney
In this article, I first discuss when a physician is a contractor as opposed to an employee. Second, I look at the essential terms of a physician employment contract and a physician independent contractor agreement. Is you is, or is you ain’t, a contractor? - From time to time, to generate revenue, the IRS and CA EDD will audit medical practices on the issue of whether a physician is an employee or independent contractor.

Arrest Record Discrimination in Wisconsin

  June 13, 2012     By Walcheske & Luzi, LLC
Arrest record claims in Wisconsin are full of twists and turns, loopholes, and caveats. For this reason, they can easily get screwed up if you are not careful. We recommend that you always, always talk to an attorney about these situations.

Denied Workers’ Compensation Claims

  June 12, 2012     By Law Office of Mark Bush
When you become injured at work, you may assume that you are entitled to worker’ compensation benefits, but what happens when your claim gets denied? Work-related injuries are covered by your employer under what is called a workers’ compensation claim. These benefits are a type of insurance that provide things like wage replacement as well as coverage for medical expenses.

What Business Owners Should Look for in a Business Law Firm and Business Legal Representation

  June 11, 2012     By Law Offices of Donald W. Hudspeth, P.C.
In selecting a law firm for an owner-operated small or medium sized business (aka “SMB’s”), we can start with some basic positions: 1. The law firm client is well advised to choose a lawyer, not a firm. Lawyers vary in aptitude, knowledge and experience in various practice areas, just as other businesses do. So, obviously, you need an attorney who actually practices business law.

Adjustment of the Standard of Social Security Payment - China

  June 3, 2012     By UB & Co. Attorneys and Counselors
Shanghai Human Resources and Social Security Bureau issued the New Standard of Social Security Payment in Shanghai (the “New Standard”) on March 31st, 2012. The New Standard has come into effect on April 1st, 2012 and will expire on March 31, 2013.

It's the Cola: Pepsi Settles Conviction Record Discrimination Case

  June 1, 2012     By Walcheske & Luzi, LLC
In January, Pepsi Beverages entered into a pre-litigation settlement of $3.13 million to resolve race discrimination charges that were filed with the Minneapolis EEOC. Through its investigation, the EEOC found reasonable cause that the criminal background check policy previously utilized by Pepsi had an adverse impact African Americans based on their race, in violation of Title VII.

Are State Workers’ Comp Plans Effective? OSHA Will Decide

  May 31, 2012     By Lanier Law Group, P.A.
For many years now, the Occupational safety and Health Administration (OSHA) has played a big role in making sure that the federal program governing workers’ compensation plans is up to par. However, it has paid far less attention to individual state plans – until now. As required by the Occupational Safety and Health Act that was established in 1970, the primary purpose of OSHA is to regulate the operation and effectiveness of state and federal workers’ compensation plans.

Tax Implication of Secondment Agreement in the Democratic Republic of Congo [DRC]

  May 30, 2012     By Yav & Associates
The idea behind a secondment arrangement is that the secondee will remain employed by the original employer during the secondment, and will, following the termination of the secondment, "return" to the seconder. However there is a risk that the secondee may (technically) become the host's employee, despite the parties' intentions. This depends on the facts of the particular case. This brief discusses the tax Implication of Secondment Agreement in the Democratic Republic of Congo.

Arizona Workers' Compensation Attorneys Work to Ensure Injured Workers Get the Money They Deserve

  May 29, 2012     By Law Offices of Thomas C. Wilmer, P.C.
When an employee is injured on the job, it's natural for that employee to assume that workers' comp will cover his or her expenses. Arizona workers' compensation attorneys know that obtaining the benefits you deserve is not always that easy, nor is it a straightforward process. Filing for benefits is actually quite complicated, and if not done right can result in delayed payment or even denial of benefits.

California Court Rules Employers not Liable if Workers do not Take Meal Breaks

  May 29, 2012     By Mesirow & Fink
In a ruling that San Jose labor law attorneys are already criticizing, the California Supreme Court has ruled that employers are not required to enforce the rest and meal breaks taken by workers. The lawsuit was filed 9 years ago by employees of the Chili’s outlets, as well as other eateries run by Brinker International. The lawsuit alleged that the employer violated California laws when workers missed breaks, because of overwork or some other reason.

California Supreme Court Rules in Brinker Case

  May 29, 2012     By Goyette & Associates, Inc.
Employers Required to Provide Breaks, but not Required to Ensure no Work is Done - This morning, the California Supreme Court issued its long-awaited decision in the case Brinker Restaurant Corporation v. Superior Court of San Diego County. Employees who worked for Brinker Restaurants, such as Chili’s and Maggiano’s Little Italy, claimed that they were not provided the meal and rest breaks to which they were entitled.

Is Off-The-Clock Time for Law Enforcement Employees the Biggest Contradiction in Wage and Hour Law?

  May 29, 2012     By Goyette & Associates, Inc.
The economic downturn since 2007 has affected many aspects of labor and employment law, including wage and hour matters. Efforts by employers to lower labor costs as one of the means to deal with budget shortfalls have included refusing to grant pay increases in collective bargaining negotiations, minimizing or eliminating overtime, and basically doing everything possible to ‘get more out of existing (or even reduced) staff’ without hiring more employees.

Rules Regulating Foreign Currency in Russia

  May 26, 2012     By Levine Bridge Law Firm
If you are planning on visiting any country, it is always helpful to be familiar with the rules governing the import and export of currency and other securities. In Russia these issues are regulated by Federal Law from 10.12.2003 No.173-FZ “On Currency Regulation and Currency Control” and Customs Legislation.

Limitations on the Period of Stay for Foreign Citizens in the Russian Federation

  May 26, 2012     By Levine Bridge Law Firm
The period of stay for foreign citizens in Russia is, as a general rule, limited. Citizens of countries from within the CIS and who are visiting Russia via a visa-free regime are permitted to remain in Russia for personal reasons for a period of up to 90 days, but are required to exit the country before the expiration of this 90-day period. The number of times they are permitted entry into Russia over the course of a year is not limited.

Foreign Citizens in the Russian Federation and Mandatory Social Insurance

  May 26, 2012     By Levine Bridge Law Firm
On Jan. 1, 2010, a single social tax was replaced with insurance premiums paid into the Pension Fund of Russia, the Social Insurance Fund of Russia and Funds for Mandatory Medical Insurance. At its very core, the new premiums do not differ much from the previous system of taxation and represents a tax on wages that the employer pays so the state can provide for the material interests of employees upon retirement, disability, pregnancy, parenthood, as well as the need for medical care.

On Gays Slurs and Professional Basketball

  May 23, 2012     By Mesriani Law Group
In an intense, heated basketball game, it is expected from players of both teams to express their emotions. It is considered normal for a player to express frustration on a referee’s call which he believes is contestable. In some instances, a player from the opposing team may instead keep mum whenever a heckling fan of the home team annoys him.

Need for Occupational Therapists in New Jersey Will Benefit Those with Work-Related Injuries

  May 23, 2012     By Edward C. Lutz, LLC
New Jersey is one of the few states that has been privileged with a large increase in job listings in the last five years. Over 94,000 jobs were listed for New Jersey early on in 2010, and among those highest in demand were physical therapists and occupational therapists. Both physical and occupational therapists play a huge role in the physical recovery of injury victims, and they provide structured methods and ways for them to return to normal living.

Workers Compensation - Process for Injured Workers

  May 23, 2012     By Law Office of James M. Hoffmann
The Missouri Workers' Compensation law provides some relief from the financial strain of being injured on the job or if you are unable to return to work because of your injury. If you or someone you love has been injured or has been exposed to occupational diseases on the job please follow the guidelines below. These guidelines may prove beneficial in your Workers' Compensation case.

Holier Than Thou Redux: New Case Tests Limits of the Ministerial Exception

  May 21, 2012     By Walcheske & Luzi, LLC
Sometimes leaving the TV on for background noise can yield results. About 2 weeks ago, I caught a brief teaser for an upcoming story about a former Indiana Catholic school teacher, Emily Herx, who was fired by her diocese after they learned she was trying to have a baby. More specifically, after they learned she was trying to conceive using fertility treatments. Here’s what happened:

Holier Than Thou: Religious Organizations Free to Discriminate?

  May 16, 2012     By Walcheske & Luzi, LLC
Earlier this year, the Supreme Court gave religious organizations more freedom in hiring and firing by expanding the “ministerial exception” to anti-discrimination laws, meaning that churches and religious employers cannot be sued for discrimination by employees who qualify as a “minister.” According to the Supreme Court, a minister is anyone who conveys or promotes the religious organization’s message. That’s a very broad and flexible standard, but that is as specific as the Court would get.

New Policy on Social Insurance for Foreign Employees in China

  May 16, 2012     By UB & Co. Attorneys and Counselors
The Ministry of Human Resources and Social Security issued the Tentative Measures for Social Insurance Enrollment of Foreign Employees in China (Draft for Comments) (the "Tentative Measures") on June 10, 2011. The main contents of the Tentative Measures are as follows:

Wisconsin Governor Walker's Repeal of 2009 Wisconsin Act 20

  May 15, 2012     By Walcheske & Luzi, LLC
Recently in Wisconsin, Governor Scott Walker repealed 2009 Wisconsin Act 20, which allowed victims of employment discrimination in Wisconsin to seek compensatory and punitive damages in state court. There has been a lot of talk about this Act and its repeal recently (the vast majority politically slanted one way or another). We thought we’d provide you with the straight facts about Governor Scott Walker’s repeal and the practical effects it will likely have.

Myth Busting – Taking a Closer Look at Malta’s Working Time Regulations

  May 15, 2012     By CSB Advocates
An outlook on the differences between night work, shift work and overtime in Malta employment law. The Employment and Industrial Relations Act (EIRA), Chapter 452 of the Laws of Malta, is Malta’s primary source of employment legislation. However, employees working in specific economic sectors are regulated by Wages Council Wage Regulation Orders.

Does the Federal Government Consider Me Disabled? Reasonable Accommodation Part VI

  May 14, 2012     By Law Offices of Eric L. Pines, PLLC
Federal employee attorney Eric Pines tackles whether a federal employee will be considered disabled. In this series: Does the Federal Government Consider Me Disabled? We lay out the definitions of disabled under the Rehabilitation Act. In this post we will focus on whether a federal employee is entitled to his or her ideal accommodation? According to the Rehabilitation Act/ ADA says the answer is: Yes, but… not necessarily with the exact accommodation that you are seeking.

Another Employment Arbitration Provision Found Unconscionable

  May 14, 2012     By TroyGould
In the latest in a rash of cases striking down arbitration provisions in employment agreements, the California Court of Appeal has done it again. In Samaniego v. Empire Today, LLC, the court found that the following facts showed the arbitration provision to be unconscionable and unenforceable:

Carpal Tunnel and Workers' Compensation - Obtaining Benefits

  May 14, 2012     By The Babcock Law Firm, LLC
The author explains the concept of carpal tunnel syndrome in relation to worker´s compensation. Colorado lawsuits, much like in the rest of the country, hinge upon proving occupational disease or illness. When a person is diagnosed with carpal tunnel syndrome, he or she might be entitled to receive worker´s compensation.

Workers' Compensation - Legal Advice

  May 10, 2012     By Law Office of James M. Hoffmann
Legal advice so that you know your rights and understand the legal procedures for a workers' compensation case. Workers' Compensation is the name given to a system of laws meant to protect injured workers. If a person is injured on the job, the goal is to make sure that the employee receives the appropriate medical care and lost wages compensation.

How a Foreign Employee Starts His Work in China?

  May 8, 2012     By WiseLink Law Firm Shanghai
A foreigner and the potential employer should get proper permit before the foreigner starts his work in China. This article also give some basic guidance for the legal issues about the employment contract.

ICE Storm Predicted - Arizona Employers Beware, I-9 Audits are on the Rise!

  May 3, 2012     By Jaburg Wilk
ICE has stated that they intend to conduct 3,000 Form I-9 audits. Unsuspecting Arizona employers will receive a Notice of Inspection, giving them “at least three days” to produce the requested I-9 documents. Since 2008, I-9 audits have increased by more than 375%. Employers should not be fooled into thinking that the I-9 auditor is harmless.

Lack of Employee Training?

  May 2, 2012     By Greenman, Goldberg, Raby & Martinez
Does improper employee training warrant a call to a Las Vegas workers’ compensation lawyer? In some cases employers try to say that the employee should have known better and that training has nothing to do with why she or he was injured. However in numerous cases, injury could have been prevented if the proper training was furnished.

LI Mom Fired after Donating Kidney to Her Boss: Leeds, Morelli and Brown Files Lawsuit

  April 29, 2012     By Leeds Brown Law, PC
Debbie Stevens, a 47-year-old divorced mother of two from Long Island, New York, has been fired from her job her at Atlantic Automotive Group after donating a kidney to save her boss’ life. In a Complaint, filed with the state Human Rights Commission, Stevens claims that she was set up by her boss, Jackie Brucia, 61.

Los Angeles Disability Discrimination: Laws, Claims, and Attorneys

  April 24, 2012     By Mesriani Law Group
Claiming for disability discrimination in the State of California is no easy task despite the implementation of laws protecting employees and applicants from workplace discrimination. There are two laws that protect individuals from employment discrimination based on disability—the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).

Limitations on Credit Checks for Employment Purposes

  April 20, 2012     By Gailey Associates, Inc
We are often requested by companies to conduct pre-employment background investigations. These investigations typically fall within the confines of the Fair Credit Reporting Act and California’s Investigative Consumer Reporting Agencies Act.

Cybercrime Under the CFAA: It Depends on the Jurisdiction

  April 19, 2012     By McDole & Williams, P.C.
In a decision filed on April 10, 2012, the Ninth Circuit in United States of America v. Nosal, No. 10-10038 (9th Cir. 2012), put itself squarely in conflict with the Fifth, Eleventh and Seventh Circuits.

A Spouse’s Death Benefits under New York State Workers' Compensation Law

  April 19, 2012     By Paul Giannetti, Attorney at Law
In the tragic circumstance where an employee is killed in the course of his employment, Workers' Compensation benefits may be payable to the surviving spouse and children. The maximum amount of death benefit payable is determined by the worker’s average weekly wage at the date of death and subject to the statutory maximums in place on the date of death.

New York State Workers' Compensation and Lumbar Fusions

  April 19, 2012     By Paul Giannetti, Attorney at Law
If your doctor has recommended a lumbar fusion, you must secure prior approval from the insurance carrier. The New York State Workers' Compensation Board Medical Treatment Guidelines provide recommendations for specific circumstances when lumbar fusion is appropriate and those when it is not.

Chiropractic Denials in New York State Workers' Compensation

  April 19, 2012     By Paul Giannetti, Attorney at Law
Since the introduction of the Workers' Compensation Board Medical Treatment Guidelines, the frequency of chiropractic care has diminished significantly. Chiropractors are still allowed to treatment for an exacerbation and, in many cases, will be paid for that treatment. However, it is crucial that the treating chiropractor document certain items at the time of the examination.

How Can an Attorney Help My Workers’ Comp Claim?

  April 18, 2012     By The Law Offices of Lloyd E. Bennett Esq., PC
Workers compensation can be a minefield to tread through, but having a competent workers’ comp attorney at your side often makes all the difference. Claims are frequently denied because of employer or insurance carrier error; a skilled lawyer can investigate the reasons behind a claim denial and prepare an appeal for your case.

Compensation in a Work Related Injury

When an accident in the workplace occurs, employees can be left helpless with a number of restraints placed on them. Fortunately there are options that can help them get the full care they need. There is no telling what types of injuries a worker can sustain when they are on the job. Every work area has dangers that need to be dealt with and no matter where you work there is always the potential for an accident.

Proposed Changes to the Hong Kong Mandatory Provident Fund Schemes

  April 16, 2012     By Angela Wang & Co.
The Hong Kong Mandatory Provident Fund (“MPF”) Schemes has been in place since 2000 and as at December 2011, 85% of the total workforce in Hong Kong are covered under different retirement schemes. Pursuant to the MPF Schemes Ordinance, the Government has reviewed the MPF and is taking steps to amend the MPF Schemes in line with the interests of existing and potential scheme members.

Rules of Investigation with Employees under Egyptian Law

  April 15, 2012     By Challenge Law Firm
The Egyptian Labor Law No. 12/2003 regulates the rules of investigation with employees and imposing the disciplinary penalties.

California Supreme Court Hands Employers a Victory and Provides Clarity on Meal and Rest Break Litigation

  April 13, 2012     By TroyGould
Today [April 12, 2012], the California Supreme Court, in Brinker v. Hohnbaum, handed employers an enormous victory, and brought clarity to the rules for meal and rest breaks. The Court also made important rulings on class certification of these lawsuits. This alert addresses only the clarification of the meal and rest break law.

Five Things That Can Hurt Your Georgia Workers' Compensation Claim

  April 13, 2012     By L. Ty Wilson, PC
If you have been injured on the job in Georgia, there are several things you need now to ensure you do not jeopardize your workers' compensation claim. 1) You don't report your injury in time. - If you are hurt while on the job in Georgia, you must report your injury as soon as possible.

When it Comes to Attorney’s Fees, is Texas Becoming More American?

  April 2, 2012     By McDole & Williams, P.C.
Under the majority “American Rule,” parties are generally required to bear their own attorney’s fees in civil cases. For over 100 years, however, Texas has been in the minority that allows courts to award attorney’s fees to prevailing parties for certain claims, such as for breach of oral or written contracts.

Human Rights, Gender Equality and Economic Empowerment in Nigeria

  March 30, 2012     By Kayode Ajulo & Co. Castle of Law
1. Introduction and Conceptual Clarifications - Human Rights - To give a generally accepted definition may be difficult to grasp but the whole idea of the concept is well known. Human rights are commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because he or she is a human being.

Cyprus Employment Law

  March 26, 2012     By Christophi & Associates LLC
Cyprus employment law is an amalgam of common law and statute law. Standard contract law principles principally govern employment relationships, statutory rights and obligations supplement them where appropriate.

Will a Contract of Employment Cease when a Particular Project Ends?

  March 24, 2012     By Fikadu Asfaw and Associates Law Office
As stipulated under art 10(C) of proclamation 377/96 an irregular work relating to permanent part of the work of an employer but performed on an irregular interval is considered to be a contract of employment for a definite period of time.

Does Acquittal from Criminal Charges Give an Ex-employee Right to Reinstatement? - Ethiopia

  March 24, 2012     By Fikadu Asfaw and Associates Law Office
The mere fact that a certain employee was acquitted from a criminal charge brought against him in relation to his employment relation doesn’t give the employee the right to demand to return to work with payment of compensation.

Social Insurance for Foreign Employees in China

  March 21, 2012     By V&T Law Firm
On September 6, 2011, the Ministry of Human Resources and Social Security issued the Interim Measures for the Participation of Foreigners Employed in China in Social Insurance (the Measures) which came into effect on October 15, 2011.

Legal Regulation of Foreigners’ Employment in Ukraine

  March 20, 2012     By Legal Alliance
An issue of concluding an employment contract by an employer and an employee, who is a foreigner or a person without citizenship (hereinafter referred to as “a foreigner”), is regulated by the national legislation of Ukraine, as well as international agreements of Ukraine, concluded with foreign states in the field of labour and social protection.

Workers’ Compensation for Injured Employees

  March 15, 2012     By Sumner Law Group, LLC
Unfortunately, there is not yet a way to securely avoid accidents from happening. There is also not yet a way to avoid personal injuries caused by these accidents. However, there is something that can be done about it, particularly when the incident occurs on site a person’s place of employment.

Attorneys: Five Tips to Sour Your Relationship With Your Court Reporter

  March 15, 2012     By James DeCrescenzo Reporting. LLC
A recent meeting of court reporting firm owners from across the country began with an ice breaker. In two minutes each table was challenged to list as many things lawyers do that frustrate us. As a representative from each table read off their lists, among growing laughter and groans, clear trends were revealed. It seems the top five ways to sour your relationship with your court reporter are:

Leading Las Vegas Worker’s Comp Attorneys You Can Afford

  March 14, 2012     By Greenman, Goldberg, Raby & Martinez
Being injured while on the job can be both a physically and emotionally draining process. Dealing with the physical pain as a result from an accident can be debilitating and frustrating—especially if it interferes with how you perform at work.

Alabama Work Place Accidents: The Applicability of Federal Law

  March 12, 2012     By Drake Law Firm
Many Alabama work place accidents are resolved through the workers' compensation claim process. However, certain industrial accidents are governed by federal legislation. This article provides a general overview of the application of the Federal Employers' Liability Act (FELA) and the Jones Act to Alabama work place accidents.

Nursing Home Operator to Reimburse Government for Double Billing

  March 9, 2012     By Rosenfeld Injury Lawyers
In a settlement agreement with the U.S. Attorney, the operator of 18 nursing homes in Tennessee and Mississippi has agreed to reimburse the government $ 2 million related to allegations of fraudulent billing practices at its facilities. Further, according to the terms of the settlement, the nursing home will implement an internal fraud-monitoring program and will train its employees on compliance with Medicare rules.

Sexual Harassment: A Serious Matter

  March 6, 2012     By Markson Pico LLP
The extent of sexual harassment is sometimes overlooked. Many face serious issues at work that are unprofessional and unethical. Sexual Harassment is the sexual coercion or provocation of an individual that is unwelcomed by them. In the workplace this can be an all too common issue. When one employee harasses another in a sexual manner through repetitive or offensive behavior, it is not only inappropriate but can even be illegal depending on the circumstances.

What to do After a California Wrongful Death Construction Accident

  February 27, 2012     By Estey & Bomberger, LLP
The construction industry has one of the highest rates of fatal and injury workplace accidents in the United States. A construction site offers workers a unique set of hazards that was the cause of more than 800 construction fatalities in 2010, accounting for approximately one-fifth of all fatal workplace accidents of that year.

Personal Income Tax (Amendment) Law, 2011

  February 26, 2012     By Oserogho & Associates
The Personal Income Tax (Amendment) Act 2011 has among other things consolidated all the personal income tax reliefs or allowances into one consolidated tax allowance/relief of 21% of an individual's gross annual income. The residue of a person's income is then liable to a graduating personal income tax charge of between 7% to 24% per annum. The rules concerning expatriate income earned from businesses in Nigeria has also changed.

Does the Federal Government Consider Me Disabled?

  February 24, 2012     By Law Offices of Eric L. Pines, PLLC
Federal employee attorney Eric Pines tackles whether a federal employee will be considered disabled. In the series: Does the Federal Government Consider Me Disabled (Part I)? We laid out the definitions of disabled under the Rehabilitation Act. In this post we will focus on what those definitions mean in the real world.

Just When You Thought Covenants Were Enforceable

  February 22, 2012     By McDole & Williams, P.C.
Recent decisions by the Texas Supreme Court have resulted in a “pro-enforcement” trend for covenants not to compete, and have eroded the holding in Light v. Centel Cellular Co. of Tex., 883 S.W.2d 642, 647 (Tex. 1994) requiring contemporaneous consideration to enforce a covenant not to compete against an at-will employee.

Basic Provisions of Hungarian Employment Law from 1 July 2012

  February 17, 2012     By Soos Law Firm
In the course of year 2011 the Hungarian parliament adopted significant new acts and the entire legal system faced significant revisions. Among other changes (e.g.: new Criminal Code, new Data Protection Act, draft new Civil Code) the parliament adopted a new Labor Code effective from 1 July 2012, namely: Act No I of 2012 (“NLC”). Some parts of the NLC are currently reviewed by the European Commission, by ILO and by the Hungarian Constitutional Court.

What Fees Will You Pay When Working with Workers Comp Lawyers?

  February 15, 2012     By Greenman, Goldberg, Raby & Martinez
If you’ve been injured at work but can’t come to an immediate agreement with your employer on financial coverage, contact a team of professional workers comp lawyers. From confronting mounting medical expenses to meeting the cost of everyday living, is your employer willing to help you financially while you recover from injury? And if yes, how can you be sure the support will continue?

Victim of an Injury? Experienced Personal Injury Law Firm in Vegas Can Help

  February 15, 2012     By Greenman, Goldberg, Raby & Martinez
Have you or a loved one suffered personal injury due to another individual’s mistake? Having an accomplished personal injury law firm in Vegas on your side can get you the compensation you deserve. Because personal injury cases are so highly specialized and require expertise in several disciplines, hiring a team of strong Las Vegas injury lawyers makes sense.

Injured at Work? Discuss Your Claim with Experienced Worker Compensation Lawyers

  February 15, 2012     By Greenman, Goldberg, Raby & Martinez
Whether you’ve suffered a slip and fall or an occupational mishap at work, consulting experienced worker compensation lawyers will help you determine when to pursue a case. Although some employees may experience only minimal time in the hospital or doctor’s office, others must endure days and even weeks or months under the care of hospital staff or a physician.

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