Employment Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Employment.
Gender discrimination claims in the employment context are governed by state and federal laws. Rulings from 2012 and 2015 have expanded the interpretations of legislature on the subject.
Feds issue new guidance on misclassification of workers.
Is is true that the company can not fire pregnant employees in whatever situation?
Bad Faith Warning and Termination of an Employee
Employment and Training Corporation (ETC) has recently published new guidelines on employment licenses (also known as the work permits) issued with respect to Third Country Nationals who wish to reside and work in Malta.
Federal agency says discrimination against LGBT employees is equivalent to sex discrimination.
By Karbal & Co.
Prior to the growth of the foreign workforce in the United Arab Emirates at the beginning of the millennium, an employer was only required to pay a few hundred dirhams to obtain a health card for its employees to be treated at medical facilities.
When the FMLA and the ADA collide, it’s important to know which laws pertain to you
A state law requires Pennsylvania employers provide Workers’ Compensation insurance for employees in the event of a work related injury.
Debate over whether certain workers qualify as employees or independent contractors is nothing new.
More than half of annual construction worker deaths are caused by falling, being struck by an object, electrocution, or being caught in or in between objects. While falls are by far the most deadly injury in construction work (34.6%), electrocution deaths and injuries are not a statistic to be ignored.
Although some people may be tempted to embellish their resume to make themselves more appealing to potential employers, doing so can come at a significant risk. Lying on an application or resume opens the applicant up to several serious consequences.
Individuals who omit important information or lie on nursing job applications may be concerned about the legal ramifications of making this mistake. They may even worry that they may be arrested for such lies. While lying on job applications is a bad idea in any profession, lying on nursing applications is even more serious due to people's lives being placed in their hands and for committing ethical violations against the profession.
A 7-day period is fixed for employers to inform of grounds for denial of employment and an obligation is imposed to extend a fixed-term agreement until the end of maternity leave.
The Dutch dismissal law changed significantly per July 2015. One of the changes involves that a request for dismissal can only be based on an exhaustive list of statutory grounds. Nonetheless, it is still possible to terminate by mutual consent through a settlement agreement (in Dutch ‘vaststellingsovereenkomst’). This will probably stay the most frequently used route for dismissal.
On May 26, the USCIS will begin accepting applications for form I-765 Employment Authorization Documents (EADs) submitted by certain H-4 spouses of H-1B professionals.
New proposed federal OT regulations make it harder for employers to game the system
The German Federal Labour Court (Bundesarbeitsgericht (BAG)) in Erfurt ruled on May 13, 2015 that employees are entitled to be paid the statutory minimum wage even in the event of sickness and on holidays.
By Jaburg Wilk
When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant’s job qualifications consistent with a business necessity for asking the question.
The German federal government is planning to reform the Act Regulating the Supply of Temporary Workers (Gesetz zur Regelung der gewerbsmäßigen Arbeitnehmerüberlassung (AÜG)), which is to say that the rules regarding sub-contracted and temporary employment are to be revised.
Prior to January 1, 2015, employers were not required to offer employees paid sick leave in California. However, with the passage of the Healthy Families Act of 2014, an employee is now entitled to paid sick leave. Beginning on July 1, 2015, an employee who works for an employer for 30 days or more within a calendar year from the beginning of employment is entitled to paid sick leave.
Certain speech about work is considered protected activity. Believe it or not, talking about your job on social media may actually be a protected activity under federal law.
When it comes to fixed-term employment agreements Bulgarian labour legislation is traditionally highly restrictive. Usually a fixed-term employment agreement is defined as an employment agreement with a short duration aimed at satisfying an employer’s temporary and exceptional need of manpower.
Employers should be aware that terms may be implied into an employment contract in circumstances where there are no equivalent express terms agreed between the parties. A term may be implied into an employment contract by common law or statute and they fall into the following categories: (i) terms implied in fact; (ii) terms implied by law; (iii) terms implied by custom and practice; and (iv) terms implied or modified by statute.
In the actual situation,many companies prefer to use these staffs reaching or over retirement age,but there is a controversy on the relationship between the company and this staff,it’s the labor relationship or the labor service relationship.In this article,we will give our views and suggestion.
Due to the disclosure of confidential information belonging to the employer or improper use of the confidential information by the employee,employee and employer reach a non-competition agreement,but the employee shall pay the non-competition compensation after the employee leaves the employer.
For expat employees, due to lack of local labor law knowledge, it is always difficult to conclude a fair employment contract in China. It is particularly true when they are offered with the prepared employment contract by the employer and no much room is left for them to raise opinions for change. Thus, a lot of potential disputes may exist during the performance of the contract, which, in most cases, cannot be foreseen by the employee.
Court decision gives Pennsylvania workers more protection.
Over the past several years, the National Labor Relations Board (NLRB) has been taking a more active role in the non-union workplace, including decisions on whether provision of employers’ handbooks or work rules violate the National Labor Relations Act (NLRA).
Staff reduction is one of the most common grounds used for termination of employment agreements by the employers with a termination notice for convenience. The reason for this lies in the statutory right of the employer to organize the workflow and to determine the staff number and schedule at his own discretion.
Nowadays, due to the continuing world economic crisis, unfortunately, the business phenomenon of “closing down an enterprise/a part of an enterprise” is a really common practice. This inevitably imposes the need of termination and settlement of the employment relations between the company which is closing down and its employees.
Collective agreements are agreements between unions and employers that establish wages, work schedule and other work conditions. Additionally, these agreements allow the adjustment of the rules of the company’s business sector.
Are you concerned that if some of your key employees left, they would be able to exploit know how gained while working for you, at the expense of your business? If so, then read this article to see how you can protect your business.
Most of the time, hiring an independent contractor for your business is a means of providing a temporary subject matter expert who can provide some measure of unique support. While some businesses do continue to retain employees of this type that have provided vast contributions to an organization this is not usually the case.
Annualisation of hours is a term used to describe a contract which states the agreed number of guaranteed hours the employee is contracted to work through a twelve month period. Annualisation schemes are implicitly promoted both by EU Legislation on working time and by EU policies and recommendations, which – among others – allow EU Member Countries to adopt flexible working time schedules.
Tech giant facing lawsuit after taking a pass on older job applicant.
The Workers’ Compensation Act was established to ensure injured workers receive compensation such as wage loss benefits and medical benefits to supplement their income when they are unable to work because of an injury on the job.
Twenty-five percent of Americans are banned from employment opportunities due to their criminal record, specifically jobs regarding the care-taking of older Americans.
Are you concerned that some of your key employees have knowledge about your business which could in certain circumstances, if such information was exploited by the employee, damage your business? If so find out how to protect your business.
Today’s advances – technological, scientific, and business – are all driven by competition. As a business owner or an entrepreneur, you’re likely faced with a serious competition that drives you to constantly enhance and update your product and services range. Competition is healthy, as it promotes innovation – but what happens when you find a competitor amongst your own employees?
Feds issue new enforcement guidelines on pregnancy discrimination.
By means of executive decree No. 182 of December 30th of 2013, President Martinelli´s approved the new minimum wage that will enter into effect as of January 1, 2014
When individuals hear the phrase “hostile work environment,” they may think that this means that a supervisor or owner of a business curses, hurls things at the wall or is intimating to employees. However, in legal terms, this is not the case. Instead, specific legal criteria must be met for a work environment to meet this legal threshold.
Man told to ‘go work at 7-11 with your own kind’
The Law amending the Companies Act, CAP 113, Number 4, of 2015 has been passed by the Cyprus parliament. It provides for significant changes to the Companies Act and modernises several of its provisions. The main changes are as follows:
Many small businesses thrive with the extra help interns provide at little or no cost to the business. However, there are things small business owners need to know about hiring and managing interns.
Russian Supreme Court Clarifies Procedure for Settling Disputes Related to Activity of Company Managers
The Plenum of the Supreme Court of the Russian Federation adopted Ruling No.21 “On issues the courts encounter when applying legislation regulating labor of a company manager and members of a collective executive body” (the “Ruling”) on June 2, 2015. Issues related to dismissal of a manager by the company are clarified.
What can early stage companies do to retain key personnel when they might not have sufficient funds to pay competitive salaries? This article considers one of the most popular employee share option schemes in the UK.
Calculating Overtime and Back Pay in Pennsylvania: Know these Quirks in the Law or Risk Losing Money
Pennsylvania law differs from federal law.
Are you looking to retain key personnel? If so this article provides guidance on some of the options to incentivise your employees and therefore increase the chance of the employee staying with your company
Woman sues employer under association provision of ADA.
Legal process outsourcing is the process of obtaining legal support in different areas of practice from an outside law firm or legal support services company. The LPO system, according to a survey conducted by evalue survey is considered one of the fastest growing industries in the knowledge of process outsourcing (KPO).
Companies throughout different states provide workers compensation benefits for injured workers. This is a way of protecting workers rights, as designed by state law.
The office of the New York State Attorney General has opened an investigation into the Boy Scouts of America to determine if the organization’s hiring policies discriminate against gays.
Individuals who have not received the money that they are due for the work that they have already completed may choose to pursue an unpaid wage claim. This process may be completed through a state agency or a private cause of action.
Sex discrimination and harassment are prohibited in the California workplace under the Fair Employment and Housing Act (FEHA).
Restaurant Workers Were Denied Breaks; Company Pays $1.7 Million to Settle Wage and Overtime Complaints
Staffers weren’t compensated for missed rest and meal periods.
In a vote of eight to one, the Supreme Court allowed Samantha Elauf to sue Abercrombie & Fitch for employment discrimination after the company would not hire her because she wore a traditional head scarf, or hijab.
Employers often depend on their seasoned employees to train and guide newcomers about the specifics of a job.
As baby boomers represent a higher number of paid employees, the number of age discrimination complaints filed with the Equal Employment Opportunity Commission. Between the years 1997 and 2007, approximately 16,000 to 19,000 complaints were filed a year. However, the number grew from 23,000 to 25,000 since 2008.
Traumatic brain injuries, also known as TBIs, are a serious public health issue in the United States.
When it comes to fights with one’s employer, things can be pretty one-sided. Many employees do not know how to fight unfair pay or labor standards, and are afraid to do much for fear of losing their job. So, what are some American wage and hour laws, and how can you go about enforcing them?
Woman who was suspected of being pregnant was forced off the job.
Not all forms of discrimination or harassment are illegal. Simply because a person is singled out because his or her boss does not like him or her, this does not mean that the person has an actionable claim. Instead, the individual must be considered part of a protected class by state or federal law. Additionally, the discriminatory or harassing conduct must be because of membership in this protected class.
Everyday, millions of Americans go on interviews, and everyday employers walk through a legal minefield of potentially dangerous questions. While some of the questions may seem harmless and intended solely to get to know the interviewee, they could actually open the company up to liability for various types of discrimination should that individual not receive an offer for the position.
Under the laws of the Republic of Kazakhstan, the work of foreign employees in Kazakhstan requires in certain instances a work permit and a work visa.
What at-will employment means in Pennsylvania.
According to two reports recently released by the Occupational Safety and Health Administration (OSHA) and ProPublica, injuries occurring in the workplace are costing Americans more and more money.
There are numerous circumstances in which a worker could lose a limb in a workplace accident.
Labour relationships in Kazakhstan are governed not only by the provisions of the Labour Code of Kazakhstan, but also by special legislative acts (on civil service, on internal affairs authorities, etc.).
There are some inherent problems within the Pennsylvania Workers’ Compensation system.
The courts look at three criteria.
One of the most common forms of workplace harassment in California takes the form of sexual harassment. Like any other form of harassment, it is prohibited in the workplace pursuant to the California Fair Employment and Housing Act (FEHA). Sexual harassment is defined as any unwanted sexual advances and offensive behavior that are sexual in nature.
Terminated employees sued for retaliation
An explosion at a metal production plant with a history of safety violations has been ruled an accident by local police.
A Pennsylvania remodeling company is being fined after one of their workers was fatally electrocuted on the job last September.
For decades, the federal Employment Non-Discrimination Act has failed to pass, which would sweeping protections to members of the lesbian, gay, bisexual and transgender communities in the workforce. Without this law, transgender employees do have some protections, but not as many as people who have been traditionally protected under Title VII of the Civil Rights Act of 1964.
Injured employees across the country are able to receive medical treatment and have a portion of their wages replaced after being injured in a work-related accident or becoming ill on the job through the workers’ compensation program. Employers and employees both have a number of responsibilities under the program.
Employees in the United States are protected by a number of key regulations. In addition to any laws on the state level, employees are also protected by more than 180 federal laws administered by the Department of Labor alone. Here are some of the more common forms of protection.
On May 13, 2015, workers in Philadelphia may begin to acquire paid sick leave hours under the “Promoting Healthy Families and Workplaces” Ordinance. Philadelphia becomes the 17th major city to pass a paid sick leave law.
Company claimed staffer was insubordinate.
The U.S. Occupational Safety and Health Administration (OSHA) has received new complaints filed against nine company-owned McDonald’s and 19 McDonald’s franchises that allege a variety of unsafe work practices.
Investors from different countries are continuing to establish their offices in Kazakhstan and many companies are willing to do business here. The rate of success stories for investors in Kazakhstan is good enough. However, there is always something new and unexpected when a foreign investor starts its business in an unknown country.
On-site wellness and chiropractic care is a growing trend being embraced by many companies across the U.S.
For as long as it has existed, American society has relied upon and revered the work of volunteers.
Email is the number one usage of the Internet both at home and at work. While you don’t need to concern yourself with your employees’ personal email, you do need to take proper precautions when it comes to emailing at work.
Most businesses are looking to Incorporate a Company in Thailand but do not meet the initial requirements. Below is a list of items to consider before you proceed to set up a company in Thailand.
Cuts to Workers’ Compensation benefits across the nation have left many employees who have been seriously injured at work struggling to make ends meet.
Workers collect $6.5 million after settlement of class-action suit.
According to the EU Legislation, a posted worker is a person who, on behalf of the employer, is sent for a limited period of time to carry out his/her work in the territory of an EU Member State (i.e.: “host” State) other than the State in which s/he normally works (i.e.: “posting” State).
Company viciously went after ex-staffer who sued after being fired
Reasons to consider non-compete and non-solicitation agreements.
The Americans with Disabilities Act was passed to help the United States benefit from the skills and talents of individuals who happen to have disabilities. It strives to break down barriers individuals with disabilities experienced regarding employment, public accommodations, public services, transportation and telecommunications.
For the past 15 years, Liberty Mutual Research Institute for Safety has produced an annual safety index listing the top ten causes of serious, non-fatal workplace injuries.
According to the American Public Transportation Association there were an estimated 5,780 work injuries in 2013 suffered by state and local government transit and intercity bus drivers.
Walmart may be known as America’s place to shop, but it certainly won’t receive positive press if it becomes known as America’s discriminatory employer.
Employees sued to get paid for time going through security. An employee clocks out but he’s not allowed to leave until he removes and stows his protective gear. Twenty minutes later, he’s finally cleared to head to the parking lot.
Recently the Court of Appeal confirmed a compensatory sum awarded by the Industrial Tribunal to a British High Commission employee for unfair dismissal and discrimination.
What the law says about employees' rights to discuss compensation.
As a general rule, civil law strives to make an injured party whole, no more and no less. Courts will reduce an award of damages where they determine that the plaintiff failed to take basic steps after the injury to minimize the harm suffered. This responsibility borne by the plaintiff is commonly known as the duty to mitigate damages, and it is a fundamental issue in any claim for wrongful termination.