Employment Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Employment.
Yesterday, the Colorado Supreme Court ruled that employees can be fired for using medical marijuana when they are off the clock.
The Landesarbeitsgericht Köln (Regional Labour Court of Cologne) has ruled that insulting one’s superior on one occasion does not by itself justify termination of an employment contract (Az.: 11 Sa 905/13).
Providing community association management services to community associations is highly competitive.
What Pennsylvania law says about hourly employees’ rights to meal breaks.
Employers come into receipt of many variations of confidential information. This may be by receiving medical documents, disciplinary reports or complaints of alleged misconduct. An employer generally has a duty to safeguard information that is private to the individual employee.
The Philadelphia Fair Practices Ordinance offers protection you may not be aware of.
Sometimes two employees may suffer similar injuries but may be treated differently. This may make the worker who appears to receive less favorable treatment believe that he or she is being treated unfairly. However, there are several legitimate reasons why such differences may emerge. Discuss the following issues with an employment law attorney if you would like to know more about your rights.
According to the LAG Rheinland-Pfalz in its ruling of May 20, 2015 (Az.: 7 Sa 694/14), it is possible for a sick employee to be dismissed as long as his illness is not the reason for the dismissal.
Sometimes bad things can happen and will influence your life and job; things that will require your full dedication and attention; and things that will require you to leave your job for a certain period of time. Many people are worried when it comes to this situation not knowing that in many cases they are protected by the law and that they will not lose their job.
Female staffer complained about supervisor’s inappropriate conduct, but company wouldn’t address the problem
California workers' compensation makes available to the injured worker a bundle of insurance benefits. The purpose of those benefits is to help the hurt employee recover from their injury by providing medical care as well as financial benefits to offset temporary and permanent earning loss that results from a work related accident injury. This article outlines the different benefits that are potentially available to the injured worker under California law.
With a salary usually come many benefits. A salaried worker may receive paid time off, additional medical days, holidays off and other distinct advantages. This position is often associated with a position higher in the company. However, there can be some drawbacks to being a salaried worker. In some situations, employers give this status to employees in order to avoid paying more money for overtime benefits. However, doing so can be a violation of the Fair Labor Standards Act.
Researchers from Temple University say employees lose up to $32 million per year.
Are the rights and protections granted to workers under Thai labor law applicable to foreigners who work in Thailand without a work permit? Despite the fact that such foreigners are working in Thailand illegally, Thai Labor Court rulings appear to support the policy that they are still protected under Thai labor law. Furthermore, although the Thai Supreme Court has not addressed the issue in substance, previous decisions of the Court also appear to support the aforementioned policy:
Workers’ Compensation is a statutory system of providing benefits for physical harm that arises in the course and scope of (i.e., during) employment.
Most states and employers are at-will in nature, meaning that an employer can fire an employee for any reason so long as it is a legal reason. While some leave laws protect employees from being fired or give employees the right to take time off work, these protections are not absolute. Whether you can be fired while on medical leave depends on the type of leave that you are taking and other factors.
The employment of persons with disabilities is currently regulated by the “Persons with Disability Employment Act” (Chapter 210 of the Laws of Malta), and at the same time the Employment and Training Corporation (ETC) has set up and to date maintains a Register of Persons with Disability.
Unscrupulous employers may count on workers not knowing their rights
No employer wants to hear that an employee is alleging that he or she is the subject of harassment or discrimination. But, when it happens (and it likely will sometime), how an employer handles the situation can make the difference between resolving the matter and potential litigation. Here's a roadmap for employers.
Your employer’s obligation to keep you safe at work.
Most states and employers operate under an at-will system in which employers can terminate employees for any reason and employees can quit for any reason. However, employers cannot terminate employees for an illegal purpose, which may or may not occur if an employee misses one day of work. The reason for missing work and the terms of employment largely dictate whether an employee can be fired for missing one day of work.
On November 27, 2014 Law No. 5,134, which regulates lawyers’ and solicitors’ fees who work in the City of Buenos Aires (hereafter the “Law”), was published in the Official Gazette.
Woman with chronic health condition sues after her request to work from home was denied.
On January 9, 2015 was published on the Official Gazette Law No. 27.073 (the “Act”), which establishes new regulations on the payment of the second half of the employee’s Supplementary Annual Salary (“SAS”), which is ruled by Section 122 of the Labour Contract Law (” LCL”).
What is the one place most people spend more time in than even their own homes? Even if you discount all those hours staying late at the office when you need to meet deadlines, and consider only the typical 9 to 5 workday, you still spend nearly one-third of your adult life in your workplace.
Losing a friend or loved one is an awful experience, but one through which we will all suffer at one point or another. It is natural to need time following such a loss to collect one’s thoughts, prepare for the departed person’s final arrangements, and otherwise deal with the loss. Unfortunately, while we may all understand these needs on an intuitive level, there is not a legal recognition of this need in most jurisdictions. As a result, bereavement leave is often far from guaranteed.
Hard-to-prove conditions can make work life difficult when employers may not be sympathetic
The contracts that your business has with its landlords, clients, employees, vendors and/or suppliers are the components that help create the framework of your company. Everything your organization does depends on the protection and support of the terms and conditions in its contract (s).
Violence is rarely the answer, and this is especially true in the workplace. Yet, physical attacks can and do occur every day. When they happen at work, this creates a whole suite of considerations that can make the experience even more worrisome and problematic.
Chicago staffing firm accused of knowingly placing women in hostile work environment.
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.