Employment Law Articles

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




Wrongful Termination in California: Basis for a Claim

Wrongful termination is among the most alarming issues in the employment industry in California. This employment issue has been affecting many employees in the state because it allows ‘at-will’ employment.

The Rights of Longshoremen Under the LHWCA

What your legal rights are as an injured longshoreman? You may be entitled to benefits covered under the LHWCA.

Felonious Wealth

Whether it is fraud in Medicare or Medicaid, failing to pay Customs duty, defrauding the government in defense contracts or any other major fraud against the government, it is the taxpayers who suffer. Birkenfeld, an ex-con, stands as one example that anyone can become a whistleblower but he has garnered so much attention because he is so incredibly unusual. Most whistleblowers are good and successful citizens who discover fraud and are horrified by that discovery.

Knowing the Prohibited Practices in Certain Aspects of Employment

Workplace discrimination has been an ongoing issue in the country today. While employers are covered by numerous federal (and to some extent, state) employment laws, some of them don’t actually follow such laws. In fact, discrimination cases continue to rise with each passing day.

Highly Qualified Persons Rules - 15% Flat Tax Rate on Employment Income - Malta

Malta’s position within the financial services, gaming and aviation sectors, is further bolstered by the newly introduced 15% flat tax rate on; income derived from employment in Malta, by persons not domiciled in Malta and working in either of the ‘eligible offices’ as defined by the HQP Rules. With a minimum annual tax payable of € 11,250, equating to a 15% tax rate being applied to an income of € 75,000, tax planning has become a lot simpler.

Hungary to Offer Investment-based Permanent Residency for €250,000

A major development in Hungarian immigration policy affecting ’investor residency’ is anticipated imminently. On 27th October, 2012 the ruling party of Hungary submitted a Bill to Parliament, which would offer permanent Hungarian residency under preferential conditions for non-EU national investors willing to buy at least €250,000 of government bonds. The Bill is currently under consideration and is expected to become law very soon.

Workers' Compensation Insurance Fraud

Crackdown On Workers Compensation Fraud Cases Punishes Business Owners Without Workers Compensation Insurance: Two recent cases where business owners fail to maintain workers compensation insurance are showing that law officials will not stand for businesses that commit workers' compensation fraud and violate state law.

Key Features of the Engagement of Foreign Labor in the Republic of Kazakhstan

Kazakhstan, like many other countries, has an established permit procedure for employing foreign workers. In this case, obtaining a permit for engagement of foreign workers is the responsibility of an employer. In practice employers frequently commit violations when engaging foreign workers owing to incomplete knowledge of the appropriate procedures.

California State Employment Laws in Effect since Start of 2012

The year 2013 is fast approaching. That being said, a lot of new changes and additions to the California employment and labor laws are bound to happen. Consequently, employers and employees in the state will surely be impacted by some of the provisions to existing laws, as well as new legislations created out of necessity for the betterment of the employment sector.

Product Liability Cases of Interest from 2011 and 2012

New Jersey federal and state courts and the U.S. Supreme Court, in addition to a federal court in New York, have issued a number of opinions regarding products liability and related issues since the beginning of 2011. Below is a synopsis of some of the more interesting and important of those decisions.

Commercial Letter of Credit

  By Zorlu Law
Examining Contracts Arising Under the Commercial Credit Transaction (Letter Of Credit) Commercial credits are most commonly used in the international transactions areas. Its main future is that; it gives security both the exporter (seller) and the importer (buyer). The Seller knows that, he will get paid if he completes his duty properly. The buyer, on the other hand, can ensure to part his money before the goods are received.

Trends in the Development of Russian Labor Law in 2012

• Adjustments made in labor legislation at the end of 2011 • Which legislative initiatives are to be implemented in 2012? - At the end of 2011 we witnessed the introduction of several new legislative amendments: several of these amendments to federal law were in the area of labor relations and social insurance.

Obesity in the Workplace

Is being overweight a protected disability under the Americans with Disabilities Act of 1992? According to a recent decision of the Montana Supreme Court and similar decisions in the federal courts, it is, or at least can be. Whether you are an employee or employer, there is no easy or safe shortcut to managing your legal rights and liabilities without the advice of competent employment law counsel.

Fighting Precarious Employment - Malta

The recent media blitz in respect of precarious employment brought about the introduction of Legal Notice 44 of 2012 entitled Employment Status National Standard Order. However, neither the Legal Notice nor any other local legislation provides for a definition of precarious work. Precarious work is not formally defined in any legislation, but is associated with atypical work, low paid work and illegal work practices.

The United Nations Convention on Contracts for the International Sale of Goods (CISG)

  By Zorlu Law
Formation of the contract under the Vienna Convention on Contracts for the International Sale of Goods 1980 (CISG) in comparison with Turkish Code of Obligations. 1 – General - The United Nations Convention on Contracts for the International Sale of Goods (CISG) was signed in Vienna on 11th April 1980 by the United Nations and entered into force on 1st January 1988.

Germany - Observing Deadlines Remains Important In Labor Law

Several current judgments of the German Federal Labor Court show that there is no room for hesitation when it comes to questions pertaining to labor law. In the recent past, the court explained that though vacation entitlements accrue from long standing employment contracts, that these claims however, expire 15 months after the end of the holiday year. In other proceedings, it was made clear that a 2 months deadline has to be kept in order to assert the compensation claims for discrimination.

Singapore Business Law - Employee or Freelance Contractor?

In recent years, the Singapore Law Courts have come down hard on companies who hire “temps” or freelance contractors as a means to avoid paying employee benefits. The Courts’ may not agree that your hired hand is not an “employee” but a “freelance contractor”. Read this article to find out the difference between an employee and a freelance contractor.

Singapore Business Law - Protect Your Assets With Keyman Insurance

Have you ever considered whether or not your business could continue without you or your key employees? “Keyman Insurance” is an insurance policy designed to financially protect a business from the effects of prolonged illness or death of important employees of a business. Read this article to find out how your business can benefit from keyman insurance.

Women Get Walsmart at Walmart

In the county of Palm Beach, a class action lawsuit has brought to the surface the injustice of Walmart Stores, which are said to be cutting on women’s pay and opportunity for promotion in comparison to men. The lawsuit involves 11 Florida women, including one each from Palm Beach and Broward counties seeking compensation and a court order telling Walmart to end what they are calling ‘gender discrimination.’

Workers' Compensation Overview

Confused about work injuries? A Workers' Comp attorney may be able to help if your claim was denied. If you have concerns about the way your Workers' Compensation claim is being handled, seek legal counsel. - What is Workers' Compensation? When an employee is injured at work, whether or not the worker was at fault, benefits may be available.

Age-Related Issues in Employment Situations in the Bahamas

Discrimination in the work place is often a high profile and issue, whether relating to sex, race, religion, disability or age. And it’s the issue of age and the potential for discrimination and unfairness in relation to redundancy and retirement that has recently attracted judicial attention. Whether you are an employee or an employer - if you have concerns relating to age discrimination in the workplace, contact our experience employment lawyers at Parris Whittaker for prompt advice.

Common Injuries in the Workplace That May Result in a Workers' Comp Claim

Possible Types of Injuries Suffered at Work - One possible type of injury is that involving the back and/or neck. This can be the result of slipping, tripping or falling. Back and neck injuries may also be a result of lifting and carrying heavy objects, or other causes.

Corporate Immigration - a Q&A Guide for Mozambique

This Q&A provides an analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and clients in respect of Corporate Immigration in Mozambique. This article is reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Corporate Immigration 2013, (published in August 2012; contributing editor: Julia Onslow-Cole of PwC Legal).

California Labor Law: Checklist for Determining an Independent Contractor vs. an Employee

According to California labor law, the IRS has developed a checklist to distinguish between an independent contractor vs. full time. Understand this list to avoid any conflict between employee or contractor distinctions.

Obese Employees are Less Likely to Prevail Against an Employer in California State Court

Private employers may generally terminate or deny employment unless they discriminate on the basis of race, national origin, alienage, age, sex, or disability. The FEHA is the California law that prohibits such employment discrimination. Federal laws define protected disability differently than the FEHA. In a California state court, an obese employee who files a disability claim must prove that their obesity resulted from a physiological condition.

Work-Life Balance Can Reduce Workplace Injury Risks

Studies have found that lower work-family stress can lead to more productive workers and a lowered risk of on the job accidents. According to new data, reducing workplace injury risks could be as simple as encouraging your workers to develop a better balance between work and their personal lives. The study by the National Institute of Occupation Safety and Health found that workers, who spend more time on their personal lives, could actually have a reduced risk of workplace accidents.

Russia - A Guide on Certification of Work Conditions in the Workplace

Certification of employment conditions in the workplace is regulated by the Procedures to carry out certification of employment conditions in the workplace approved by Order of the Ministry of Health and Social Development of the Russian Federation from 26.04.2011 № 342n.

Foreign Citizens and Living Accommodations in Russia

According to Russian Civil and Housing Legislation, renting in Russia is made by agreement; the first party (landlord) agrees to provide to the second party (lessee) housing for rent. Under article 2 of the civil code (CC RF) and article 4 of the housing code of Russia (HC RF) foreign citizens are obligated to follow established rules governing civil and housing legislation, except as otherwise provided by federal law.

Foreign Citizens in Russia and Protection of Labor Rights

Recently there have been more frequent violations of labor rights committed by employers of not only Russian workers, but of foreign citizens working in Russia as well. In this article we want to address the issue and the manner by which Russian legislation provides foreign citizens with some measure of protection from an employer violating his or her labor rights.

Russia - Features for Hiring Foreign Staff as Heads of Representative Offices

Some employers who invite foreign employees to work as the heads of representative offices of foreign legal entities, as well as for other positions, mistakenly believe that they are not required to obtain work permits.

The Perils of Not Hiring an Employment Law Attorney: Cautionary Tales

We see you rolling your eyes. “Oh, go figure, 2 employment attorneys preaching about the ‘dangers’ of not being represented by an employment law firm. Shiver me timbers!” Okay, so that last part got a bit pirate-y, but all we ask is that you please hold your presumptions about what we’re going to say here and why, at least until you’ve finished reading this. Now, BRING ON THE PULPIT!

No-Fault Attendance Policies Open Potential For Fault

Under a “no-fault” attendance policy, an employee accrues one point per absence, regardless of the reason for the absence. After an employee accumulates a pre-designated number of absences, the employee is usually subject to increasing levels of discipline (a “progressive disciplinary policy”), ending with termination.

How to End an Employment Contract under Chinese Law

Chinese labor law has been revised due to the China's transition from a planed economy to a market economy. The new labor contract law has been coming into effect since January 1st, 2008. Part I - Employee’s Termination - In general, an employer and employee may dissolve the labor contract if they so agree upon negotiations and specifically, an employee may dissolve the labor contract for below situations:

Firing Employees

Avoiding Legal Pitfalls When Firing Managers and business owners must take care that they do not violate employees' rights when terminating their employment.

What You Should Know About Exercising Your Rights as an Employee

Introduction Your rights as an employee are protected by federal, state and local laws. From hiring to firing, these laws provide numerous protections. Your employment rights arise from various sources, including legislation, court decisions, employment agreements, union contracts, company hanoks, and civil service rules.

5 Tips to Start You on the Road to Re-Employment after a Divorce

The prospect of a divorce can be particularly stressful for the spouse who has been out of the workplace for some time. While it may have made sense for one of the spouses to stay home during the marriage, once the parties begin to live separately it may simply be unrealistic for the stay–at–home spouse not to return to work after a divorce.

7 Common Violations of the Americans with Disabilities

Statistics show that more than 4 million people in the State of California have disability. This means that a relatively large number of workers in the state are suffering from certain types of medical condition. According to Disabled-World.com, an independent health and disability news source, about 856,000 workers in the state are disabled. Hence, it could be said that disabled people in California play a vital role in the development of the state’s workforce.

Veterinarian Employment and Independent Contractor Agreements

In this article, I first discuss when a veterinarian is a contractor as opposed to an employee. Second, I look at the essential terms of a veterinarian employment contract and a veterinarian 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 your veterinary practice.

12 Divided by 4 = Option 3... What? Wait for It

In our previous articles about the Family & Medical Leave Act, we noted that covered employers must grant eligible employees up to a total of 12 work weeks of unpaid leave during a 12-month period (the “12” in the title). There are 4 (yup, the title again) methods for determining that 12-month period. The constant, regardless of the method chosen, is that the method used must, must, must be communicated to employees.

Yay or Nay? Potential Certification Consequences under the FMLA

For those of you paying attention, that title rhymed. In any event, as we touched on in a previous article, certification is an important concept to understand in the FMLA process. It can be the difference between an absence being covered or not covered by the Family & Medical Leave Act.

Georgia Taxpayer Protection False Claims Act

The Georgia Taxpayer Protection False Claims Act (GTPFCA) went into effect on July 1, 2012. The GTPFCA models the federal FCA, but also contains some provisions that are unique. - [1]—Liability and Damages Provisions - The liability and damages provisions under the GTPFCA are similar to those under the federal FCA. For example, an individual will be liable for knowingly presenting or causing the presentation of a false or fraudulent claim for payment or approval, or...

Indiana False Claims and Whistleblower Protection Act

Indiana passed the Indiana False Claims and Whistleblower Protection Act (IFCWPA) in 2005. The IFCWPA generally models the federal FCA, but contains some differences. [1]—Liability and Damages Provisions - Generally, an individual will be liable under the IFCWPA for the same violations as the federal FCA. For example, an individual will be liable for knowingly or intentionally presenting a false claim to the state for payment or approval, or...

The Guide to Fair Redundancy - UK

This article aims to answer the most frequently asked questions regarding redundancy. What is redundancy and what does it mean? According to the Employments Rights Act, Section 139 1996, employees face redundancy because of the following occurrences: • The employer wishes to terminate the business; and • The employer no longer requires the employer’s working role within the company .

Find Out the Liable Party before Filing Drug Injury Case

Defective drugs or Wrong dosages can result in serious injuries or can even lead to death. An individual suffering from drug injuries may claim for the damages. However, before that it is important to determine who is responsible for such an outcome.

Basic FMLA Responsibilities for Employers

We spent the last article providing an overview of the Family and Medical Leave Act (FMLA) – who’s covered, who’s not, and where to find additional resources made available by the Department of Labor. But as an employer, what are your basic responsibilities when your company is covered by the Family Medical Leave Act?

Why Every Employer Needs a Social Media Policy

Social media sites can be a cost effective way to generate new business, but it is not without its pitfalls. There are an increasing number of cases where an employees' use of social media has created problems at the workplace, including ownership disputes of account and the outcome of YouTube video postings.

Quick Facts about the Family and Medical Leave Act (FMLA)

Although we discuss the Family & Medical Leave Act on our website, we thought we would provide a second source of quick facts on the FMLA and provide links to some quick and easy-to-understand resources for anyone looking for more FMLA information.

Teacher Loses Job, Heads to Prison for DWI Crash

Most often, when a teacher is charged with a criminal offense, their job is in jeopardy. A tenured teacher facing disciplinary and possible dismissal from employment must endure a 3020a hearing. Robert J. Thompson, 38, a Schuylerville school teacher resigned from his job and will serve a prison sentence of 1 to 3 years after pleading guilty to vehicular assault and driving while intoxicated.

Howard University Accused of Disability Discrimination

The ADA is a law that prohibits employers from discriminating against an employee because of a disability. It also requires the employer to provide reasonable accommodations in order for the employee to continue to work. Howard University has been accused of disability discrimination in the District of Columbia.

Cuomo, Lawmakers Agree on Cyberbullying Bill Requiring School Officials to Respond to Reports

The bill defines cyberbullying as harassment, insults, taunting and threats through social media. One state Senator has insisted that it is essential to include such criminal charge to prevent the increasing numbers of teen suicides in connection to cyberbullying.

Restaurant in St. Louis, Missouri Settles Sexual Harassment Lawsuit

Full Article - Title VII of the Civil Rights Act and many state-level anti-discrimination and sexual harassment statutes prohibit sexual harassment in the workplace. There are two common types of sexual harassment: quid pro quo harassment and hostile work environment.

Employment of Staff in the UK

This is a preliminary advice note and is not a substitute for taking detailed legal advice in relation to your businesses situation, which may be legally complicated. This article pre-supposes that the staff to be engaged are employees and not self-employed. The engagement of self-employed staff will be the subject of a separate article.

Eight Warning Signs of Potential Employment Termination and Eight Ways to Respond

Being laid off or terminated from your employment is never easy. But did you by chance miss potential valuable warning signs? If you can look for and recognize the warning signs, you may be able to avoid termination, look for another job while still employed or take other preemptive corrective measures.

Proof Workplace Discrimination Can Happen to Anyone

The attorneys at Walcheske & Luzi, LLC are continually surprised by the number of people who believe workplace discrimination could never happen to them. It is important to protect yourself and not assume others always have your best interest at heart. We’ve compiled workplace discrimination examples that demonstrate it can and does happen, and sometimes with a surprising twist. This one’s for the non-believers.

Background Checks Can Lead to Liability in Wisconsin

Not handling the background check process correctly or misusing the information contained within the background check, also called a consumer report, can lead to liability for employers. Some potential background check pitfalls employers could face include:

Illinois Whistleblower Reward and Protection Act

Illinois passed the Illinois False Claims Act (IFCA), previously called the “Illinois Whistleblower Reward and Protection Act,” in 1991. The IFCA models the Federal False Claims Act (FCA), but is different is some aspects. 1]—Liability and Damages Provisions - Generally, an individual will be liable under the IFCA for the same violations as the federal FCA.

Starting Your Own Law Practice

I. Getting Started - As a lawyer, or sometime in your life, you have probably heard the saying by Abraham Lincoln: “He who would be his own lawyer has a fool for a client.” (Mr. Lincoln also said “A lawyer’s time is his stock in trade.” a useful motto in our profession. My hometown lawyer had that sign above his receptionist’s desk.) I mention this slogan (the first one) because a common problem that I have with my business-owner clients is that they work beyond their skill set.....

How a Non Licensed Person Can Work With a Medical Practice

In this article I discuss how a non-licensed person can work with a medical practice, including the use of an administrative / management service company. Here is my conclusion up-front: A non-licensed person can work with a medical practice so long as there is NO ownership in the practice, where ownership includes not only stock in a medical corporation but also a share in revenues.

Choosing a Doctor After a Workplace Injury

The Pennsylvania workers’ compensation system is set up to provide payment of medical expenses and lost wages related to an on-the-job injury. In-order to start off the process, a worker must simply report the injury to his or her employer. The Pennsylvania workers’ compensation system is set up to provide payment of medical expenses and lost wages related to an on-the-job injury.

The False Claims Act – Application of the Lincoln Law to the Health Care Industry

  By Ruder Ware
The False Claims Act was originally focused on the defense industry during the Civil War. It was later expanded during the defense industry scandals of the 1980s. Now, the law is being applied liberally in the health care industry with very severe potential consequences for health care providers.

Massachusetts High Court Extends Retaliation Protection to Former Employees

  By Kurker Law
On May 12, 2011, the Massachusetts Supreme Judicial Court (“SJC”) upheld a trial court ruling that an employer who filed a baseless lawsuit against a former employee, two years after that employee had filed a discrimination charge against the employer with the MCAD, violated the anti-retaliation provisions of Massachusetts General Law chapter 151B, §§4(4) and (4A).

How Employers Can Host A Summer Party Without Getting Burned

  By Kurker Law
From Memorial Day barbeques, Fourth of July fireworks, Labor Day soirees and many pub-crawls and Friday afternoon happy hours in between, the summer season offers employees and employers the opportunity to bond outside of the workplace. While these events can serve to strengthen employment relationships and build morale, they also can be a hotbed for employer liability.

Massachusetts High Court Rules Whether Employee that Accepted Lay-Off Package Gets Unemployment

  By Kurker Law
On June 16, 2011, the Massachusetts Supreme Judicial Court (“SJC”) considered whether the plaintiff, a former employee of Verizon, was entitled to unemployment benefits even though she accepted an incentive-based voluntary termination package. Affirming a decision by the district court, the SJC ruled that the former employee, Kristen Connolly, was not entitled to unemployment benefits because she could not show that her decision to leave her job was involuntary.

Massachusetts Extends Protection to Transgendered Employees

  By Kurker Law
On November 23, 2011, Governor Patrick signed a bill that protects transgendered individuals from discrimination in employment. “An Act Relative To Gender Identity,” makes Massachusetts the 16th state to extend protected class status to its 33,000 residents who identify as transgender. The law will become effective on July 1, 2012. The passage of this bill follows Governor Patrick’s February 2011 executive order prohibiting discrimination against transgender people in state employment.

Massachusetts Extends Protection to Transgendered Employees

  By Kurker Law
On November 23, 2011, Governor Patrick signed a bill that protects transgendered individuals from discrimination in employment. “An Act Relative To Gender Identity,” makes Massachusetts the 16th state to extend protected class status to its 33,000 residents who identify as transgender. The law will become effective on July 1, 2012. The passage of this bill follows Governor Patrick’s February 2011 executive order prohibiting discrimination against transgender people in state employment.

Round 2 of CORI Reform

  By Kurker Law
On Friday, May 4, 2012, the second round of the Criminal Offender Record Information (“CORI”) provisions become effective. The initial CORI requirements went into effect in August and November 2010. Click here to read a prior alert regarding the 2010 CORI requirements.

Choose Your Words Wisely: First Circuit Provides Employment Application Guidance

  By Kurker Law
On July 17, 2012, the First Circuit provided employers with useful guidance regarding the enforceability of an arbitration provision contained in an application for employment. The court warned employers to “choose their words wisely,” or forego the right to compel arbitration. The panel of judges ruled the arbitration clause contained in an employment application was ambiguous, and therefore, would be construed against the employer that had drafted it.

Common Causes of Construction Site Accidents

There are several common causes of construction site accidents, and if you are considering hiring a personal injury lawyer, make sure they understand these causes and how to deal with them in a claim. There are thousands of construction sites, and hundreds of thousands construction workers, in the U.S. - and unfortunately, that means a lot of construction accidents.

New York Employment Defense Attorneys

Over the past few years, a proliferation of wage and hour litigation has put companies large and small on guard and underscored the importance of proper recordkeeping. Many small enterprises, especially restaurants, have significant exposure to employment violations, such as unpaid minimum wages, overtime pay, tip credit issues, etc.

New York Employment Law, Severance Agreements

The Perils of Poorly Drafted Severance Agreements - On May 3rd, the New York State Supreme Court Appellate Division, First Department handed down a decision in the case of Johnson v. Lebanese American University (LAU) (You can read or download the decision from the court’s website) The decision revived a lawsuit filed by a former employee of the University who alleged that he was unlawfully terminated because he is gay.

New York Wage and Hour Laws, NYS Department of Labor

When It Comes to Employee Tips – The Rule is “Hands Off” - Among the many wage and hour problems that often trip up unwary employers, issues relating to the handling of employee tips ranks near the top. There are a myriad of ways that a business can make mistakes when it comes to policies on tips and their effect on employees’ pay.

Immigrants - Hiring Employees in New York

Since 2009, the Obama Administration has pursued its goal of focusing immigration enforcement efforts on attacking the demand, rather than the supply, of undocumented aliens. The primary means of achieving their goal has been a decrease in illegal alien roundup efforts and deportation proceedings (a highlight of the previous administration’s enforcement efforts), and an increase in the investigations of American employers.

New Connecticut Law Mandates Paid Sick Leave for Employees

Connecticut First State to Pass Paid Sick Leave Bill; NY Employers Wary of Similar Legislation as More Cities and States Debate Similar Measures.

Employment Defense Attorneys, NY Restaurant Sexual Harassment Cases

Within the last three years, the federal government has investigated both of Central Park’s landmark restaurants, based upon allegations of sexual harassment. The United States Equal Employment Opportunity Commission (EEOC) is now investigating the famous Boathouse Restaurant, located at the edge of the Lake on the east side of the Park, for allegedly permitting a hostile workplace environment to persist for several of its female employees.

New York City Comptroller Sued Again Over Wage Rates

The Wall Street Journal reports that the Metropolitan Movers Association (MMA), a moving & storage industry trade organization is suing NYC Comptroller John Liu for the second time in the last year for allegedly discharging his duties improperly in setting the prevailing wage rate for movers who perform work on contracts with the City.

Wage & Hour Violations Haunt NY Restaurants

Between wage and hour lawsuits filed by the federal government and those filed by plaintiff’s employment law attorneys, the New York restaurant industry has been hard hit with legal conflicts and costly settlements in 2011.

New York Wage Theft Prevention Act: Effect on Small Businesses

Corporate corruption that denied low-wage workers their rightful pay led to passage of the New York Wage Theft Prevention Act, which became a law in December 2010 and went into effect on April 1, 2011.

Family and Medical Leave Act (FMLA) Abuse

Through approved FMLA leave of absences, companies allow employees to deal with chronic conditions, acute illnesses, pregnancies, or to care for ill loved ones. However, some employees abuse business owners by obtaining unwarranted leaves from work. When employees abuse FMLA rights, they create unnecessary and costly problems for employers and co-workers through absenteeism, overworked staff, a need for temporary workers, missed production deadlines, and eventually lost business.

Supreme Court Decision : Church Exceptions in Discrimination Cases

The separation of church and state under the First Amendment of the Constitution met another recent challenge.

Effect of New York City Humans Rights Law on Sexual Harassment Litigation

Sexual harassment falls under discrimination, and employers often find themselves treading on eggshells when it comes to sexual harassment.

Right to Work vs. Unions Move into the Spotlight as Election Issues

As jobs and the economy become driving concerns for the country, a number of states involved in right to work issues also are grabbing American’s attention. Indiana became a battlefield for varying political views and signed into law a right to work act in 2011. Now the right to work debate is gaining momentum in Michigan as well. Without the right to work, employees working for a unionized employer must pay union dues or face job termination. They have no choice.

Stephen Hans, Employment Defense Attorney, Does My Employee Own my Social Media Accounts?

Legal Implications of Leaving a Company and Taking Your Twitter Followers with You

Legal Risk Involved with Asking for an Employee’s Facebook Account Information

The latest slippery slope for the law and social media is whether employers have the right to ask employees or job candidates for their Facebook or Twitter account usernames and passwords.

Federal Government Was the Biggest USERRA Violator

The Washington Post recently reported that the federal government was the greatest violator of Uniformed Services Employment and Reemployment Rights Act (USERRA). Labor Department Statistics obtained through Freedom of Information Act showed that in the fiscal year 2011, more than 18 percent of the 1,548 violation complaints filed through USERRA involved federal agencies.

EEOC’s Ruling in Transgender Discrimination Case

The Equal Employment Opportunity Commission (EEOC) recently ruled in the case of a woman, Mia Macy, who filed a discrimination complaint based on gender discrimination.

Case Law Is Still Catching Up with Social Media Technology

As case law catches up with social media technology, more information becomes available to develop sound business practices. A recent report by Bloomberg BNA (http://www.bna.com/nlrbs-solomon-tackles-n12884909814/) unveils worthwhile policies described by the National Labor Relations Board (NLRB) Acting General Counsel, Lafe E. Solomon. The report focused on unfair labor practices that limit employees’ abilities to exercise their federal labor law guaranteed rights.

Protections for Veterans Returning to the Workforce

Veterans and military personnel face a number of issues when returning to civilian life.

Protecting Jobs from Government Interference Act

Congress is currently considering draft legislation that would prohibit the National Labor Relations Board (NRLB) from ordering any employer to close, relocate, or transfer employment under any circumstance. The legislation would effectively prevent the NLRB from restricting where an employer can create jobs in the United States. The bill passed the House of Representatives on September 15, 2011 by a vote of 138-186. The legislation is currently pending before the Senate.

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

Interview with Howard Ankin – Ankin Law Office

Colorado Medical Assistance Act

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

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

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

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

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?

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?

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!

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

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?

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

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.


Find a Local Lawyer