Employment Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Employment.
June 13, 2012 By Walcheske & Luzi, LLC
Arrest record claims in Wisconsin are full of twists and turns, loopholes, and caveats. For this reason, they can easily get screwed up if you are not careful. We recommend that you always, always talk to an attorney about these situations.
June 12, 2012 By Law Office of Mark Bush
When you become injured at work, you may assume that you are entitled to worker’ compensation benefits, but what happens when your claim gets denied? Work-related injuries are covered by your employer under what is called a workers’ compensation claim. These benefits are a type of insurance that provide things like wage replacement as well as coverage for medical expenses.
June 11, 2012 By Law Offices of Donald W. Hudspeth, P.C.
In selecting a law firm for an owner-operated small or medium sized business (aka “SMB’s”), we can start with some basic positions: 1. The law firm client is well advised to choose a lawyer, not a firm. Lawyers vary in aptitude, knowledge and experience in various practice areas, just as other businesses do. So, obviously, you need an attorney who actually practices business law.
June 3, 2012 By UB & Co. Attorneys and Counselors
Shanghai Human Resources and Social Security Bureau issued the New Standard of Social Security Payment in Shanghai (the “New Standard”) on March 31st, 2012. The New Standard has come into effect on April 1st, 2012 and will expire on March 31, 2013.
June 1, 2012 By Walcheske & Luzi, LLC
In January, Pepsi Beverages entered into a pre-litigation settlement of $3.13 million to resolve race discrimination charges that were filed with the Minneapolis EEOC. Through its investigation, the EEOC found reasonable cause that the criminal background check policy previously utilized by Pepsi had an adverse impact African Americans based on their race, in violation of Title VII.
May 31, 2012 By Lanier Law Group, P.A.
For many years now, the Occupational safety and Health Administration (OSHA) has played a big role in making sure that the federal program governing workers’ compensation plans is up to par. However, it has paid far less attention to individual state plans – until now. As required by the Occupational Safety and Health Act that was established in 1970, the primary purpose of OSHA is to regulate the operation and effectiveness of state and federal workers’ compensation plans.
May 30, 2012 By Yav & Associates
The idea behind a secondment arrangement is that the secondee will remain employed by the original employer during the secondment, and will, following the termination of the secondment, "return" to the seconder. However there is a risk that the secondee may (technically) become the host's employee, despite the parties' intentions. This depends on the facts of the particular case. This brief discusses the tax Implication of Secondment Agreement in the Democratic Republic of Congo.
May 29, 2012 By Law Offices of Thomas C. Wilmer, P.C.
When an employee is injured on the job, it's natural for that employee to assume that workers' comp will cover his or her expenses. Arizona workers' compensation attorneys know that obtaining the benefits you deserve is not always that easy, nor is it a straightforward process. Filing for benefits is actually quite complicated, and if not done right can result in delayed payment or even denial of benefits.
May 29, 2012 By Mesirow & Fink
In a ruling that San Jose labor law attorneys are already criticizing, the California Supreme Court has ruled that employers are not required to enforce the rest and meal breaks taken by workers. The lawsuit was filed 9 years ago by employees of the Chili’s outlets, as well as other eateries run by Brinker International. The lawsuit alleged that the employer violated California laws when workers missed breaks, because of overwork or some other reason.
May 29, 2012 By Goyette & Associates, Inc.
Employers Required to Provide Breaks, but not Required to Ensure no Work is Done - This morning, the California Supreme Court issued its long-awaited decision in the case Brinker Restaurant Corporation v. Superior Court of San Diego County. Employees who worked for Brinker Restaurants, such as Chili’s and Maggiano’s Little Italy, claimed that they were not provided the meal and rest breaks to which they were entitled.
May 29, 2012 By Goyette & Associates, Inc.
The economic downturn since 2007 has affected many aspects of labor and employment law, including wage and hour matters. Efforts by employers to lower labor costs as one of the means to deal with budget shortfalls have included refusing to grant pay increases in collective bargaining negotiations, minimizing or eliminating overtime, and basically doing everything possible to ‘get more out of existing (or even reduced) staff’ without hiring more employees.
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.
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.
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.
May 23, 2012 By Mesriani Law Group
In an intense, heated basketball game, it is expected from players of both teams to express their emotions. It is considered normal for a player to express frustration on a referee’s call which he believes is contestable. In some instances, a player from the opposing team may instead keep mum whenever a heckling fan of the home team annoys him.
May 23, 2012 By Edward C. Lutz, LLC
New Jersey is one of the few states that has been privileged with a large increase in job listings in the last five years. Over 94,000 jobs were listed for New Jersey early on in 2010, and among those highest in demand were physical therapists and occupational therapists. Both physical and occupational therapists play a huge role in the physical recovery of injury victims, and they provide structured methods and ways for them to return to normal living.
May 23, 2012 By Law Office of James M. Hoffmann
The Missouri Workers' Compensation law provides some relief from the financial strain of being injured on the job or if you are unable to return to work because of your injury. If you or someone you love has been injured or has been exposed to occupational diseases on the job please follow the guidelines below. These guidelines may prove beneficial in your Workers' Compensation case.
May 21, 2012 By Walcheske & Luzi, LLC
Sometimes leaving the TV on for background noise can yield results. About 2 weeks ago, I caught a brief teaser for an upcoming story about a former Indiana Catholic school teacher, Emily Herx, who was fired by her diocese after they learned she was trying to have a baby. More specifically, after they learned she was trying to conceive using fertility treatments. Here’s what happened:
May 16, 2012 By Walcheske & Luzi, LLC
Earlier this year, the Supreme Court gave religious organizations more freedom in hiring and firing by expanding the “ministerial exception” to anti-discrimination laws, meaning that churches and religious employers cannot be sued for discrimination by employees who qualify as a “minister.” According to the Supreme Court, a minister is anyone who conveys or promotes the religious organization’s message. That’s a very broad and flexible standard, but that is as specific as the Court would get.
May 16, 2012 By UB & Co. Attorneys and Counselors
The Ministry of Human Resources and Social Security issued the Tentative Measures for Social Insurance Enrollment of Foreign Employees in China (Draft for Comments) (the "Tentative Measures") on June 10, 2011. The main contents of the Tentative Measures are as follows:
May 15, 2012 By Walcheske & Luzi, LLC
Recently in Wisconsin, Governor Scott Walker repealed 2009 Wisconsin Act 20, which allowed victims of employment discrimination in Wisconsin to seek compensatory and punitive damages in state court. There has been a lot of talk about this Act and its repeal recently (the vast majority politically slanted one way or another). We thought we’d provide you with the straight facts about Governor Scott Walker’s repeal and the practical effects it will likely have.
May 15, 2012 By CSB Advocates
An outlook on the differences between night work, shift work and overtime in Malta employment law. The Employment and Industrial Relations Act (EIRA), Chapter 452 of the Laws of Malta, is Malta’s primary source of employment legislation. However, employees working in specific economic sectors are regulated by Wages Council Wage Regulation Orders.
May 14, 2012 By The Law Offices of Eric L. Pines, PLLC
Federal employee attorney Eric Pines tackles whether a federal employee will be considered disabled. In this series: Does the Federal Government Consider Me Disabled? We lay out the definitions of disabled under the Rehabilitation Act. In this post we will focus on whether a federal employee is entitled to his or her ideal accommodation? According to the Rehabilitation Act/ ADA says the answer is: Yes, but… not necessarily with the exact accommodation that you are seeking.
May 14, 2012 By TroyGould
In the latest in a rash of cases striking down arbitration provisions in employment agreements, the California Court of Appeal has done it again. In Samaniego v. Empire Today, LLC, the court found that the following facts showed the arbitration provision to be unconscionable and unenforceable:
May 14, 2012 By The Babcock Law Firm, LLC
The author explains the concept of carpal tunnel syndrome in relation to worker´s compensation. Colorado lawsuits, much like in the rest of the country, hinge upon proving occupational disease or illness. When a person is diagnosed with carpal tunnel syndrome, he or she might be entitled to receive worker´s compensation.
May 10, 2012 By Law Office of James M. Hoffmann
Legal advice so that you know your rights and understand the legal procedures for a workers' compensation case. Workers' Compensation is the name given to a system of laws meant to protect injured workers. If a person is injured on the job, the goal is to make sure that the employee receives the appropriate medical care and lost wages compensation.
May 8, 2012 By WiseLink Law Firm Shanghai
A foreigner and the potential employer should get proper permit before the foreigner starts his work in China. This article also give some basic guidance for the legal issues about the employment contract.
May 3, 2012 By Jaburg Wilk
ICE has stated that they intend to conduct 3,000 Form I-9 audits. Unsuspecting Arizona employers will receive a Notice of Inspection, giving them “at least three days” to produce the requested I-9 documents. Since 2008, I-9 audits have increased by more than 375%. Employers should not be fooled into thinking that the I-9 auditor is harmless.
May 2, 2012 By Greenman, Goldberg, Raby & Martinez
Does improper employee training warrant a call to a Las Vegas workers’ compensation lawyer? In some cases employers try to say that the employee should have known better and that training has nothing to do with why she or he was injured. However in numerous cases, injury could have been prevented if the proper training was furnished.
April 29, 2012 By Leeds Brown Law, PC
Debbie Stevens, a 47-year-old divorced mother of two from Long Island, New York, has been fired from her job her at Atlantic Automotive Group after donating a kidney to save her boss’ life. In a Complaint, filed with the state Human Rights Commission, Stevens claims that she was set up by her boss, Jackie Brucia, 61.
April 24, 2012 By Mesriani Law Group
Claiming for disability discrimination in the State of California is no easy task despite the implementation of laws protecting employees and applicants from workplace discrimination. There are two laws that protect individuals from employment discrimination based on disability—the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).
April 20, 2012 By Gailey Associates, Inc
We are often requested by companies to conduct pre-employment background investigations. These investigations typically fall within the confines of the Fair Credit Reporting Act and California’s Investigative Consumer Reporting Agencies Act.
April 19, 2012 By McDole & Williams, P.C.
In a decision filed on April 10, 2012, the Ninth Circuit in United States of America v. Nosal, No. 10-10038 (9th Cir. 2012), put itself squarely in conflict with the Fifth, Eleventh and Seventh Circuits.
In the tragic circumstance where an employee is killed in the course of his employment, Workers' Compensation benefits may be payable to the surviving spouse and children. The maximum amount of death benefit payable is determined by the worker’s average weekly wage at the date of death and subject to the statutory maximums in place on the date of death.
If your doctor has recommended a lumbar fusion, you must secure prior approval from the insurance carrier. The New York State Workers' Compensation Board Medical Treatment Guidelines provide recommendations for specific circumstances when lumbar fusion is appropriate and those when it is not.
Since the introduction of the Workers' Compensation Board Medical Treatment Guidelines, the frequency of chiropractic care has diminished significantly. Chiropractors are still allowed to treatment for an exacerbation and, in many cases, will be paid for that treatment. However, it is crucial that the treating chiropractor document certain items at the time of the examination.
April 18, 2012 By The Law Offices of Lloyd E. Bennett Esq., PC
Workers compensation can be a minefield to tread through, but having a competent workers’ comp attorney at your side often makes all the difference. Claims are frequently denied because of employer or insurance carrier error; a skilled lawyer can investigate the reasons behind a claim denial and prepare an appeal for your case.
April 18, 2012 By The Law Offices of Jaghab Jaghab & Jaghab, P.C.
When an accident in the workplace occurs, employees can be left helpless with a number of restraints placed on them. Fortunately there are options that can help them get the full care they need. There is no telling what types of injuries a worker can sustain when they are on the job. Every work area has dangers that need to be dealt with and no matter where you work there is always the potential for an accident.
April 16, 2012 By Angela Wang & Co.
The Hong Kong Mandatory Provident Fund (“MPF”) Schemes has been in place since 2000 and as at December 2011, 85% of the total workforce in Hong Kong are covered under different retirement schemes. Pursuant to the MPF Schemes Ordinance, the Government has reviewed the MPF and is taking steps to amend the MPF Schemes in line with the interests of existing and potential scheme members.
April 15, 2012 By Challenge Law Firm
The Egyptian Labor Law No. 12/2003 regulates the rules of investigation with employees and imposing the disciplinary penalties.
California Supreme Court Hands Employers a Victory and Provides Clarity on Meal and Rest Break Litigation
April 13, 2012 By TroyGould
Today [April 12, 2012], the California Supreme Court, in Brinker v. Hohnbaum, handed employers an enormous victory, and brought clarity to the rules for meal and rest breaks. The Court also made important rulings on class certification of these lawsuits. This alert addresses only the clarification of the meal and rest break law.
April 13, 2012 By L. Ty Wilson, PC
If you have been injured on the job in Georgia, there are several things you need now to ensure you do not jeopardize your workers' compensation claim. 1) You don't report your injury in time. - If you are hurt while on the job in Georgia, you must report your injury as soon as possible.
April 2, 2012 By McDole & Williams, P.C.
Under the majority “American Rule,” parties are generally required to bear their own attorney’s fees in civil cases. For over 100 years, however, Texas has been in the minority that allows courts to award attorney’s fees to prevailing parties for certain claims, such as for breach of oral or written contracts.
March 30, 2012 By Kayode Ajulo & Co. Castle of Law
1. Introduction and Conceptual Clarifications - Human Rights - To give a generally accepted definition may be difficult to grasp but the whole idea of the concept is well known. Human rights are commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because he or she is a human being.
March 26, 2012 By Christophi & Associates LLC
Cyprus employment law is an amalgam of common law and statute law. Standard contract law principles principally govern employment relationships, statutory rights and obligations supplement them where appropriate.
March 24, 2012 By Fikadu Asfaw and Associates Law Office
As stipulated under art 10(C) of proclamation 377/96 an irregular work relating to permanent part of the work of an employer but performed on an irregular interval is considered to be a contract of employment for a definite period of time.
March 24, 2012 By Fikadu Asfaw and Associates Law Office
The mere fact that a certain employee was acquitted from a criminal charge brought against him in relation to his employment relation doesn’t give the employee the right to demand to return to work with payment of compensation.
March 21, 2012 By V&T Law Firm
On September 6, 2011, the Ministry of Human Resources and Social Security issued the Interim Measures for the Participation of Foreigners Employed in China in Social Insurance (the Measures) which came into effect on October 15, 2011.
March 20, 2012 By Legal Alliance
An issue of concluding an employment contract by an employer and an employee, who is a foreigner or a person without citizenship (hereinafter referred to as “a foreigner”), is regulated by the national legislation of Ukraine, as well as international agreements of Ukraine, concluded with foreign states in the field of labour and social protection.
March 15, 2012 By Sumner Law Group, LLC
Unfortunately, there is not yet a way to securely avoid accidents from happening. There is also not yet a way to avoid personal injuries caused by these accidents. However, there is something that can be done about it, particularly when the incident occurs on site a person’s place of employment.
March 15, 2012 By James DeCrescenzo Reporting. LLC
A recent meeting of court reporting firm owners from across the country began with an ice breaker. In two minutes each table was challenged to list as many things lawyers do that frustrate us. As a representative from each table read off their lists, among growing laughter and groans, clear trends were revealed. It seems the top five ways to sour your relationship with your court reporter are:
March 14, 2012 By Greenman, Goldberg, Raby & Martinez
Being injured while on the job can be both a physically and emotionally draining process. Dealing with the physical pain as a result from an accident can be debilitating and frustrating—especially if it interferes with how you perform at work.
March 12, 2012 By Drake Law Firm
Many Alabama work place accidents are resolved through the workers' compensation claim process. However, certain industrial accidents are governed by federal legislation. This article provides a general overview of the application of the Federal Employers' Liability Act (FELA) and the Jones Act to Alabama work place accidents.
March 9, 2012 By Rosenfeld Injury Lawyers
In a settlement agreement with the U.S. Attorney, the operator of 18 nursing homes in Tennessee and Mississippi has agreed to reimburse the government $ 2 million related to allegations of fraudulent billing practices at its facilities. Further, according to the terms of the settlement, the nursing home will implement an internal fraud-monitoring program and will train its employees on compliance with Medicare rules.
March 6, 2012 By Markson Pico LLP
The extent of sexual harassment is sometimes overlooked. Many face serious issues at work that are unprofessional and unethical. Sexual Harassment is the sexual coercion or provocation of an individual that is unwelcomed by them. In the workplace this can be an all too common issue. When one employee harasses another in a sexual manner through repetitive or offensive behavior, it is not only inappropriate but can even be illegal depending on the circumstances.
February 27, 2012 By Estey & Bomberger, LLP
The construction industry has one of the highest rates of fatal and injury workplace accidents in the United States. A construction site offers workers a unique set of hazards that was the cause of more than 800 construction fatalities in 2010, accounting for approximately one-fifth of all fatal workplace accidents of that year.
February 26, 2012 By Oserogho & Associates
The Personal Income Tax (Amendment) Act 2011 has among other things consolidated all the personal income tax reliefs or allowances into one consolidated tax allowance/relief of 21% of an individual's gross annual income. The residue of a person's income is then liable to a graduating personal income tax charge of between 7% to 24% per annum. The rules concerning expatriate income earned from businesses in Nigeria has also changed.
February 24, 2012 By The Law Offices of Eric L. Pines, PLLC
Federal employee attorney Eric Pines tackles whether a federal employee will be considered disabled. In the series: Does the Federal Government Consider Me Disabled (Part I)? We laid out the definitions of disabled under the Rehabilitation Act. In this post we will focus on what those definitions mean in the real world.
February 22, 2012 By McDole & Williams, P.C.
Recent decisions by the Texas Supreme Court have resulted in a “pro-enforcement” trend for covenants not to compete, and have eroded the holding in Light v. Centel Cellular Co. of Tex., 883 S.W.2d 642, 647 (Tex. 1994) requiring contemporaneous consideration to enforce a covenant not to compete against an at-will employee.
February 17, 2012 By Soos Law Firm
In the course of year 2011 the Hungarian parliament adopted significant new acts and the entire legal system faced significant revisions. Among other changes (e.g.: new Criminal Code, new Data Protection Act, draft new Civil Code) the parliament adopted a new Labor Code effective from 1 July 2012, namely: Act No I of 2012 (“NLC”). Some parts of the NLC are currently reviewed by the European Commission, by ILO and by the Hungarian Constitutional Court.
If you’ve been injured at work but can’t come to an immediate agreement with your employer on financial coverage, contact a team of professional workers comp lawyers. From confronting mounting medical expenses to meeting the cost of everyday living, is your employer willing to help you financially while you recover from injury? And if yes, how can you be sure the support will continue?
Have you or a loved one suffered personal injury due to another individual’s mistake? Having an accomplished personal injury law firm in Vegas on your side can get you the compensation you deserve. Because personal injury cases are so highly specialized and require expertise in several disciplines, hiring a team of strong Las Vegas injury lawyers makes sense.
Whether you’ve suffered a slip and fall or an occupational mishap at work, consulting experienced worker compensation lawyers will help you determine when to pursue a case. Although some employees may experience only minimal time in the hospital or doctor’s office, others must endure days and even weeks or months under the care of hospital staff or a physician.
February 14, 2012 By Knapp & Roberts - Personal Injury
Title IX was enacted to prevent discrimination on the basis of gender in educational institutions. The law requires that a school, once it learns of a sexual assault, should effectively investigate the incident, eliminate the risk, and remedy the harm to the student whenever possible.
February 12, 2012 By Schwell Wimpfheimer & Associates LLP
Non-Disclosure Agreements (also commonly known as Confidentiality Agreements) are used in a variety of business relationships. Here are some of them: A prospective employee, independent contractor or consultant to a business will be asked to sign one as a condition to being hired.
February 8, 2012 By Mulvey Professional Association
Sexual harassment is defined as any form of unwelcome sexual acts or comments. Not only can it cause victims emotional stress, but it is also against the law. According to the U.S. Equal Employment Opportunity Commission, it is unlawful to harass an employee or employer regarding their sex. It is also illegal to request sexual favors or make comments of a sexual nature.
The US Department of Labor promotes the welfare of wage earners by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits to name a few.
Many laws and government agencies seek to advocate for fair business practices and anti discrimination: The Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Age Discrimination in Employment Act (ADEA), the Equal Employment Opportunity Commission (EEOC) and Title VII of the Civil Rights Act.
In times of economic uncertainty such as this, it is important to find and keep a job that will treat you fairly. Fair Labor Standards Act (FLSA) establishes standards for minimum wages, overtime pay, record-keeping, and child labor. An accountant who was working with HSBC initiated a class and collective lawsuit action for wage and hour violations.
February 6, 2012 By Mesriani Law Group
In California, it is unlawful for employers to discriminate against employees as well as applicants based on their age, disability, sex, gender, religion, race, national origin, and marital status. California Fair Employment and Housing Act (FEHA) prohibits employment discrimination based on the said the classes. However, there is no federal or state law in California that prohibits employers from discriminating against people due to their weight.
February 3, 2012 By Security Specialists LLC - Off Duty Police Officers & Investigations
Ever wonder what you should look for, when you need to hire a private investigator? If you have ever done an internet search for a private investigator, you have no doubt seen hundreds of PI's and investigation agencies appear on your screen. How do you know who to use? Well, start by calling around a bit.
January 31, 2012 By Grandall Law Firm
Reward for patent inventors is a compulsory obligation for all companies in China. Further, the standard of the reward and remuneration has been increased since 2010. However, it is still subject to the agreement between the company and inventors or the bylaws of the company.
January 31, 2012 By Berg & Androphy
What All Practitioners, Whistleblowers, Defendants, and Corporations Need to Know
January 30, 2012 By Mesriani Law Group
Religious discrimination in employment remains a significant issue in the labor sector at the different parts of United States. Despite the implementation of various federal and state laws, discrimination against applicants and employees due to their religious affiliation still widely occurs. According to US Equal Employment Opportunity Commission’s (EEOC) Charge Statistics*, in 2010 alone, 3,790 religious discrimination complaints were received by the agency.
January 30, 2012 By Law Office of Julie Johnson, PLLC
Strategic tips every small business owner must consider to minimize their exposure to employment law suits. Small business owners want to focus on operation, not legal disputes. Most successful businesses function with the support of employees and staff. All business owners know that staff that are content at work are more productive for the business overall. However, most businesses do not have a Human Resources Department to handle employee related issues.
January 27, 2012 By Mesriani Law Group
Disability discrimination in the workplace is illegal in the California. In the State, there are two laws prohibiting covered employers from discriminating against employees as well as applicants based on their physical or mental disability.
January 27, 2012 By Andreas Neocleous & Co LLC
EU labor law in offshore gas-drilling operations has been recently challenged in the case of Salemink v. Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen, in the judgment of the Court’s Grand Chamber in January, 17, 2012.
January 26, 2012 By The Law Offices of Eric L. Pines, PLLC
Federal employee attorney Eric Pines discusses whether you are disabled as a federal employee with a medical condition. As a federal employee attorney and advocate this question has often perplexed me. Why is this question so difficult? I mean either I have a disability or not, right? This is a question that comes up all too often for a federal employee and his or her advocate.
January 26, 2012 By Al Rowaad Advocates & Legal Consultancy
Some Employees do not know their rights upon the termination of their employment contracts, so the issue has to be carefully considered. Introduction - This article shall elaborate on the duties employer’s regarding registration of employees and the rights of employees after the termination of their labor contracts in the UAE.
January 23, 2012 By Allen, Flatt, Ballidis & Leslie, Inc
Trinity Broadcasting Network (TBN), based in Orange County, California, is currently facing a civil lawsuit brought as a result of the actions of one of their employees. The employee, a pastor, was driving drunk in a company vehicle when he caused an accident resulting in the serious injuries that ultimately claimed the victim’s life. A lawyer explains how TBN may be held liable for its employee’s actions.
January 20, 2012 By Mesriani Law Group
In California, it is not uncommon to see teenagers working in various fast food restaurants. Because of this, it is safe to say that the practice of legally employing minors for menial work duties is a unique American culture. However, unfortunately, workplace accidents involving teens are inevitable, especially for workplaces that do not abide by the Occupational Safety and Health Act (OSH Act).
January 19, 2012 By Allen, Flatt, Ballidis & Leslie, Inc
In Los Angeles, a lesbian couple has filed a lawsuit against the proprietor of a bed and breakfast in Hawaii, alleging they personally suffered injurious consequences as a result of the discrimination to which they were subjected due to their sexual orientation. The owner of the establishment claims her actions were protected under her First Amendment right to religious freedom. A lawyer examines whether there are limits to religious freedom concerning discrimination based on sexual orientation.
January 19, 2012 By Potamitisvekris
Background to Article 37 of the new Law 4024/2011 which has significantly amended the law on collective negotiations in Greece, introducing three main changes. This article was first published in the December International Law Office (part of Globe Business Publishing ltd) newsletter and is reproduced with their permission. Principle of Favorability - Collective Bargaining Agreements - Mid-term Frame of Fiscal Strategy
January 19, 2012 By Potamitisvekris
Background and comment on the new labor laws in Greece. This article was first published in March 2011 in the International Law Office (part of Globe Business Publishing Ltd) Labor and Employment newsletter and is reproduced with their permission. Employment and Labor - Greece Law increases flexibility of employment.
January 18, 2012 By Jaburg Wilk
The appearance of your pest control technician matters. How something or someone looks impacts customers and their experience with your company. Study after study shows that consumers purchase with their eyes. Presentation matters. There is no doubt that how something or someone looks impacts customers and their experience with your company. Study after study shows that consumers purchase with their eyes.
January 16, 2012 By Lorenz
The Belgian government implemented a new calculation method of the benefit in kind from the private use of a company car, which applies as from January 1, 2012. The new calculation method causes that company cars become more expensive for both employees and employers.
Contact a Worker’s Compensation Attorney in Las Vegas — File Your Lawsuit Immediately Following an Injury
January 13, 2012 By Greenman, Goldberg, Raby & Martinez
Getting in touch with a Las Vegas worker’s compensation attorney is a decision you must make immediately after being injured on the job. Many employees often wonder how soon after an injury should they pursue a Las Vegas worker’s comp claim. Because every state law is different, it’s important that the injured party understands when to file and which channels to pursue.
January 12, 2012 By Allen, Flatt, Ballidis & Leslie, Inc
The Los Angeles, California Metropolitan Authority (MTA) obtains funding from the federal government to provide its services. As such, it is required to comply with antidiscrimination provisions found in Title VI of the Civil Rights Act of 1964. A recent federal audit of the MTA suggests that it is not in compliance with the law, the impact of which has been felt on a personal level among local riders and civil rights groups, explains an attorney in California.
January 12, 2012 By Jaburg Wilk
January 1, 2012, the minimum wage in Arizona became $7.65 per hour. Arizona’s rate is .40 cents per hour higher than the federal minimum wage and you are required to pay the higher of the two. Arizona's minimum wage law ("AMWA") has some important variations from the federal minimum wage law. By: Gary J. Jaburg, Esq.
January 11, 2012 By Matt Dickstein, Business Attorney
The purpose of this Memorandum is to discuss certain procedures and operations relevant to a newly-formed California corporation. The summaries below are not a complete analysis of the areas discussed, rather they are provided to give a basic understanding of the legal requirements which California corporation should follow.
January 9, 2012 By Amaro Law Firm
According to reports, a lawsuit filed in Dallas, Texas against one of the nation’s biggest hospice companies highlights how Medicare’s payment methods can offer unintended financial incentives to wrongfully move patients from HMOs into hospice programs and then into hospitals.
January 6, 2012 By Mesriani Law Group
The Federal government’s vision for the E-Verify system is nothing but positive however mandatorily implementing the program may hurt the employment sector. The functionality and efficiency of the E-Verify program is very much advantageous in addressing the national issue about illegal immigrants. Nevertheless, it can also hamper the speedy employment process of qualified and legal workers.
January 4, 2012 By Allen, Flatt, Ballidis & Leslie, Inc
California has established rules for rest breaks and meal breaks in the Industrial Welfare Commission Wage Orders, explains a lawyer in the state. These rules are in place to prevent employers from making employees who earn an hourly wage work for long stretches of time without a break, as well as to ensure employees who forgo their breaks to work instead do not suffer personally injurious consequences, such as not being compensated for their time.
January 3, 2012 By Berg & Androphy
Prevailing wage laws(1) require that contractors and subcontractors who obtain certain government construction and service contracts pay their employees a local minimum amount, commonly referred to as the “prevailing wage.” By: Joel M. Androphyi and Rachel L. Grier
January 3, 2012 By Berg & Androphy
The False Claims Act (“FCA”) is particularly important in the area of defense contracts. In fact, the FCA was enacted due to the sever abuses which occurred at the hands of many defense contractors and corrupt officials who fraudulently procured payment for the necessities of war, such as ships, food, supplies, and weapons, to the detriment of the United States military.(1) By: Joel M. Androphyi and Rachel L. Grier
January 2, 2012 By Greenman, Goldberg, Raby & Martinez
Should you turn to a work injury lawyer if you’ve been hurt on the job but feel your job is in jeopardy? Absolutely! While employers can hire, fire or demote employees for many reasons, firing someone after they’ve been hurt on the job is not only wrong, it’s illegal.
December 30, 2011 By G&M Consulting, SC
Enacted on May 1, 1970, the Mexican Labor Act (the “MLA”) governs all labor relations in Mexico falling under the scope of article 123, section A, of the Federal Constitution (which refers to private employment as opposed to bureaucratic employment). The spirit of the law is to provide protection to employees and this explains the basis for numerous provisions of restrictive and prohibitive nature.
December 29, 2011 By Mesriani Law Group
Homosexual men are more likely to be discriminated against in the employment sector than males and females. According to a study by the University of New Hampshire Whittemore School of Business and Economics, gay men are commonly discriminated against in the employment setting particularly in management and blue-collar jobs.
December 29, 2011 By Mesriani Law Group
Office employees in California may expect much better employment rights in 2012 as the State will implement additional laws starting January 1st in favor of the workers. Despite the existing employment laws in California, still they are not enough to address and resolve emanating problems in the employment sector.