Employment Law Articles

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




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.

NFL Claims Workers’ Compensation Should Cover Players’ Head Injuries

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

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?

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

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?

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

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

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

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

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

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

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

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

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

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

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

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

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?

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

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

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

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

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

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

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

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

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

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

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

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

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]

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

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

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

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?

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

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

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

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

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

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

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

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?

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

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

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

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

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

  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

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

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?

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!

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?

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

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.


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