HG.org Legal Resources

Employment Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Employment.

Transsexuals Are Protected Under New Jersey Law Against Discrimination

As the transgender community continues to grow and become more widely accepted, the state of New Jersey strictly enforces the New Jersey Law Against Discrimination (NJLAD), which protects the civil rights of these individuals, including their right to work without the fear of termination or discrimination due to their gender identity.

Does New Overtime Rule Impact You? What Workers Need to Know

4.2 million more people may qualify for overtime.

Workplace Risks in the Construction Industry

  By HG.org
While every workplace poses a certain degree of risk, some industries are more inherently dangerous than others. Such is the case with the construction industry.

Availability of Workers Compensation Benefits to Surviving Families in Illinois

  By HG.org
For most employees in Illinois, the workers’ compensation program that applies is one that is regulated and overseen by a state agency. In some cases, the employer may be required to provide benefits to surviving family members of injured workers.

Settlement for Racial Discrimination

Local 25, a northern New Jersey sheet metal trade union, has been ordered to pay $1.6 million dollars and other damages to African-American and Hispanic journeypersons who were victims of employment discrimination.

Emotional Consequences of Workplace Discrimination

The New Jersey Law Against Discrimination (NJLAD) protects employees from discrimination on the basis of sex, race or disability. It also prohibits employers from retaliating against employees who blow the whistle on unlawful practices conducted within the company.

Paid Sick Leave for New Jersey Workers

The New Jersey Senate recently passed a bill that will require all employers in the state to provide paid sick leave to its employees.

Avoid These Mistakes When Reporting a Work-Related Injury

If you were hurt in a workplace accident or have recently been diagnosed with an occupational illness or injury, the actions you take during the first few days will set the tone for the rest of your claim.

Over the Next Three to Six Years, New York Increases the Minimum Wage to $15.00 Per Hour

New York recently enacted a law which, by 2018, raises New York's hourly minimum wage from $9.00 to $15.00.

Actos Whistleblower Lawsuit Alleges Takeda Illegally Promoted Diabetes Drug for Patients with Prediabetes

Takeda Pharmaceuticals is facing a whistleblower lawsuit alleging that the company promoted its diabetes drug Actos to patients with prediabetes, despite the fact that it was never approved for this use by the FDA. Studies have shown that patients who use Actos may be more likely to be diagnosed with bladder cancer.

Defending Claims of Employer Retaliation in San Diego

California has witnessed a significant rise in the number of employer retaliation cases in the past few years. The exposure to San Diego employers is significant and it is important to tighten employment contracts, policy and procedure and employee manuals, as well as internal processes for responding to and documenting employee complaints.

Injured at Work: Reporting It Is Key

Reporting your injury after an accident at work is the first step for a successful workers' compensation claim.

Unpaid Leave and the Americans with Disabilities Act

The Americans with Disabilities Act requires employers to treat an employee's request for leave due to a medical condition as a request for a reasonable accommodation. The employer's obligation is engage the employee in an " interactive process." An employer might be required to provide an employee with a leave as a reasonable accommodation even if the employer does not customarily offer leave as a benefit.

Mistakes to Avoid After a Workplace Accident

If you are injured in an accident at work, the moments and days following it can be overwhelming. You might not know what to do after you are injured, which can cause you to make mistakes that jeopardize your ability to receive Workers’ Compensation. However, the first step can be simpler than you might think. By seeking legal counsel as soon as possible, you can receive the help of a skilled Philadelphia Workers’ Compensation lawyer that has seen it all before.

You’re Pregnant? You’re Fired! Boss Terminates 3 Expectant Mothers Within 6 Months

Women awarded over $6.2 million for discrimination.

Independent Contractors and Workers’ Compensation

  By HG.org
How a particular worker is classified can have a direct impact on eligibility for workers’ compensation benefits.

Dangerous Substances American Workers Are Exposed To

  By HG.org
While the United States is an industrialized country, it is not immune to having its workers adversely affected because of the substances that they are exposed to. Not all workers are exposed to the following dangerous substances. However, many Americans may find themselves and their health adversely affected by one of the following harmful substances:

Workers’ Compensation and Immigration Status

  By HG.org
The United States Department of Homeland Security estimates that 11 million workers who were born in other countries lack documented immigration status. This represents approximately 5 percent of the American workforce.

LAG Hamm on Non-Competition Clause and Compensation for Period of Non-Competition in Employment Contract in Germany

Non-competition clauses agreed between employer and employee with no provision for compensation for the period of non-competition are generally invalid. However, the LAG Hamm (Regional Labour Court of Hamm) recently reached a different conclusion (Az.: 10 Sa 67/15).

Dismissal Without Notice After Scuffle Between Colleagues in Germany– Intensity Decisive

Fights between work colleagues that become physical can give rise to termination of an employment contract without notice. The key factor is the intensity of any physical altercation.

Dr Says Man is OK to Return to Work, but Company Says That's Not Good Enough

Employer sued for disability discrimination over seizure disorder.

The Right Way to Discipline or Dismiss Employees

If you’re a boss, then you know that having to discipline or dismiss employees are two of the most dreaded and stressful responsibilities of your job.

FINRA Submits Proposed Rule Changes to Clarify Offsetting Awards

FINRA has recently filed proposed rule changes that provide much-needed clarification to how arbitration awards resulting in both sides paying money should be handled.

Fraudulent Inducement of Employment Contract in California

California law in regard to fraudulent inducement of employment, a situation in which an employer is alleged to have made false statements to a prospective employee for the purpose of inducing the candidate to accept the employer’s job offer. It also explores the remedies available to an employee against an employer where the employee suffers injury as a result of an employer’s alleged fraudulent inducement.

Hungary - The Employee Stock Ownership Plan (ESOP) Is Alive Again

An Innovative and Cost-Efficient Tool for the Motivation of Employees.

Director’s Liability and Employee’s Rights When Employer Becomes Insolvent in Hong Kong

In the beginning of April 2016, one of Hong Kong’s oldest television broadcasting companies, Asia Television Limited (“ATV”) was wound up and stopped broadcasting. It had also failed to pay wages to hundreds of its employees since December 2014. This is a common phenomenon in the current difficult economy.

How To Bring A Workers' Comp Claim in Ohio

If you are injured or contract an occupational disease on the job, consulting with a competent workers' compensation attorney promptly may ensure that your claim is allowed to the full extent of your injury and your interests are fully protected.

Can Your Employer Prohibit You from Talking about Your Salary?

Company called out by feds for limiting employee conversations.

Employment Consequences of Not Disclosing a Felony

  By HG.org
Many job applications ask an applicant whether or not he or she has ever been convicted of a felony. Hoping that the employer will not check, some applicants indicate that they have not when this is not true. Making a claim of this nature can cause serious consequences.

Germany: Dismissal without Notice after Fiddling Working Hours

If an employee fiddles his working hours, this may entitle his employer to terminate the employment contract without notice. That was the ruling reached by the Landesarbeitsgericht Mainz (Regional Labour Court of Mainz) (Az.: 8 Sa 363/14).

Cross-Examination in Workers' Compensation Cases

Walking through the cross-examination process and what to look for in your case.

Berlin: Holliday Entitlement Lapses With Death of Employee

A ruling of the Arbeitsgericht Berlin (Labour Court of Berlin) is causing a sensation. According to this, heirs can have the holiday entitlement of a deceased employee paid out to them. The Bundesarbeitsgericht (BAG) [Federal Labour Court] came to a different conclusion.

China Employment Law

  By MMLC Group
The development of employment law in China, with an emphasis on the Labor Contract Law, and possible future amendments to this law and associated regulations.

Do You Have a Legal Right to Express Breastmilk at Work? What Nursing Mothers Need to Know

Hourly and salaried employees may have different legal protections.

Mayor de Blasio Signs New Laws Enhancing The New York City Human Rights Law

New York City recently enacted new laws strengthening the New York City Human Rights Law.

Further Illinois Workers' Compensation “Reform” Is Unnecessary and Would Harm Injured Workers

The insurance industry wants cuts in benefits to injured workers, and Illinois Governor Bruce Rauner intends to make them. They say that the cost of the workers' compensation program is too high, making the state uncompetitive in attracting business.

Termination of Employment in Egyptian Law

The relation between an employer and an employee in Egypt is organized by the Labor Law No. 12 for 2003. This law organizes the full relation between the employee and the workplace and one of the main obstacles and issues that always appear in the front lines is the employment termination.

What is Your Pain Worth?

Before settling your claim, it is important that you investigate a fair and accurate value for your damages.

Huge Retail Chain on the Hook for $187.6 Million for Shortchanging Workers

Employees claim they were forced to work after clocking out.

Obtaining Free Medical Evidence in a Personal Injury Claim in Western Australia

People who were injured at work, in a motor vehicle accident, or in other ways often financially disadvantaged and cannot afford to pay doctors to provide a medical report in relation to their personal injury claim. In this article we have discussed some ways in which injured people can obtain medical evidence regarding the claim for free.

Florida’s Uniform Trade Secrets Act: What Does It Mean for Your Business?

Having an employee sign a non-compete agreement and/or a nondisclosure or confidentiality agreement is one way to protect your company’s trade secrets and confidential and proprietary business information. However, often times companies may not have any agreements with their employees and a business mistakenly believes it has no way of protecting against the unauthorized disclosure of trade secrets or sensitive information.

Can an Employer Refuse to Hire You Because of Your Weight?

When obesity is – and isn’t – a disability

LAG Rheinland-Pfalz: Applying Fixed Terms to Employment Contracts Based on Objective Grounds in Germany

Employment contracts can be limited for a period of two years. An additional fixed term needs to be justified based on objective grounds. This also applies in the context of professional sports.

Worker Fired for Not Recovering Fast Enough after Surgery

Company sued for violating Americans with Disabilities Act.

Rights of an Injured Employee in Ohio: Making an Ohio Workers' Compensation Claim

Understanding workers' compensation in Ohio by contacting an Ohio workers' compensation attorney can go a long way to ensure you get complete benefits from your claim.

Business Owner Faces Jail Time for Cheating Workers Out of Overtime

Employer created phony records to cover up wage and hour violations.

How a Typical Pennsylvania Workers’ Compensation Case Gets Decided

There are quite a few worker’s compensation benefits that injured workers are entitled to receive even when they return to work after illness or accidents. In fact, workers can receive benefits like medical payments and compensation for function loss and scaring under the law of workers’ compensation even if the worker hasn’t missed even one day of work following work related illness or accident.

Can You Get Fired for What You Post on Social Media?

  By HG.org
Like the answer to so many legal questions, it depends. As more and more people are using social media, this area has become a common ground for employees to post information about their jobs, their personal lives, their views and other aspects of their lives that do not pertain to their work. However, in some cases, employers may have grounds to fire employees for their social media conduct.

Kazakhstan's Accession to the WTO: What Has Changed in Internal Employees’ Transfer (Intragroup Relocations)?

The accession of Kazakhstan to the WTO led to the changes in Kazakhstan legislation. We would like to focus on regulation of internal employees’ transfer (intragroup relocations) matters.

Airline Liable to Employers for Compensation for Delay - Romania

The European Court of Justice is having a larger influence on people’s lives than is popularly realised. As is often the case the Court has made a decision which will have an impact on consumers in Europe and perhaps world-wide and was not picked up by the majority of the consumer press, rather only by lawyers who specialise in the field of aviation law.

Woman Says Boss Wouldn’t Pay OT Unless She Slept With Him

Employee alleges that company owner continually made her stay late so he could sexually harass her

Protecting Trade Secrets Using Employment Agreements

Most California business owners know that a provision in an employment contract which purports to prevent a former employee from competing with the employer’s business is unenforceable in California. Under California law, there is a strong and clear policy favoring the free and unfettered rights of workers to find work where they can, using all their skills and experience to command the best wages they can find.

What Is a Hostile Work Environment?

  By HG.org
With global competition, competitive marketplaces and a culture in which employees are always expected to be available, greater demands are placed on employees. Supervisors may act inappropriately by cursing, yelling and threatening staff. While laypeople may consider such action “hostile,” the legal definition of a hostile work environment is much different than the colloquial term.

6 Legal Snares That Could Hurt Your Business

Entrepreneurs often make up in enthusiasm what they lack in experience, but passion alone is not enough to ensure the success of a business. If you’re a business owner, you need to watch for the following six legal snares that could potentially harm your company

Workplace Bullying

  By HG.org
Sometimes, there is not much change between the interactions on the playground and those in the workplace. Bullying behavior may continue as individuals age and work together. Whether this conduct is legal or not depends on a variety of factors.

More Evidence That the Gender Pay Gap Is a Big Problem

New study shows that 20% of HR managers claim women are paid less for the same work.

Employment Issues in the Digital World

If you have years of experience in the workplace, you know that it has changed dramatically during the last decade for both employers and employees. That changing landscape has cultivated a small minefield for the unwary employer.

Law No. 6333 Amendments Concerning the Employment Law in Turkey

The Law Regarding the Amendment of Income Tax Law and Certain Laws (Law No:6663) (the “New Law”) has been published on the Official Gazette on February 10, 2016. By the enforcement of the New Law in addition to the Income Tax Law (Law No: 193), certain laws such as Public Officers Law (Law No: 657), Unemployment Insurance Law (Law No: 4447), the Labour Code (Law No: 4857) and the Social Security Law (Law No: 5510) have been amended.

Employment on Board Maltese Flagged Vessels – Do Seafarers Get a Fair Deal?

As emphasised by the International Labour Organizations (ILO), seafarers are frequently exposed to difficult working conditions and particular occupational risks. In fact, since working far from home, they may be vulnerable to exploitation and abuse, non-payment of wages, non-compliance with employment agreements, exposure to poor diet and living conditions.

Works Council Members’ Claim for Transfer to Permanent Employment Contract Fails in Germany

Two members of a mail order company’s works council failed with their claim before the Landesarbeitsgericht Berlin-Brandenburg (Regional Labour Court of Berlin-Brandenburg) to be transferred to a permanent employment contract (Az.: 23 Sa 1445/15; 23 Sa 1446/15).

LAG Berlin-Brandenburg: Dismissal Without Notice for Good Cause

According to a ruling of the LAG Berlin-Brandenburg (Regional Labour Court of Berlin-Brandenburg), an employer can terminate an employment contract without notice if it has good cause to do so (Az.: 17 Sa 810/15).

Congrats! You’ve Been Promoted! Now Say Goodbye to Your Overtime

Retailer under fire for misclassifying workers as management

A Little Revolution in Labor Law?

This article discusses reform of the French labor code, proposals to create a new collective bargaining panorama for many occupational fields, the creation of a "personal activity account" for employee benefits and the negotiation of a new unemployment insurance agreement.

Contempt of Court: A Valuable Tool in Judgment Enforcement

Once you have won a case against a debtor, you are left with a judgment enforcement scenario- where you will need to somehow collect the judgment that you have hard-won in litigation. When the court orders a monetary award, the debtor must pay the amount of the judgment. However “must pay the judgment” is a matter of opinion - because failure of the debtor to do so will only result in the debtors assets being levied, wages being garnished, etc.

$5.5 Million Reasons Why Pennsylvania Employer Shouldn’t Have Fired Disabled Man

New supervisor terminated worker who could do his job with accommodations.

Philadelphia Gets Tougher on Discrimination in Hiring; What It Means To You

New legislations strengthens restrictions on background checks.

When Can My Employer Deny Workers’ Compensation?

  By HG.org
Workers’ compensation provides a system in which a person who is injured on the job can receive compensation for such injuries without having to sue his or her employer. However, not all claims are approved, leaving the worker injured and uncompensated.

What Types of Compensation Can I Receive in a Workers’ Compensation Case?

  By HG.org
Workers’ compensation provides monetary and other benefits to workers who sustain work-related injuries or who develop illnesses because of their work. The availability f benefits depends on the nature of the illness or injury and state laws that govern workers’ compensation benefits.

Which Employers Have to Have Workers’ Comp?

  By HG.org
Workers’ compensation is an insurance product that provides monetary compensation and paid medical benefits to workers who are injured within the scope of their work. Workers’ compensation laws are primarily based on state law. State law governs how the workers’ compensation process works and which employers are required to have insurance.

Proposed Amendment to Legislation- Setting up the Industrial Tribunal in Malta

The Maltese Government has recently requested the Attorney General to consult the social partners within the Malta Council for Economic and Social Development (MCESD), and prepare legal amendments aimed at strengthening the guarantees of independence and impartiality of the Industrial Tribunal.

‘Tis the Season for Temp Workers, But What Legal Protections Do They Have on the Job?

Court decision considers who is liable for harassment: the temp agency or the client?

Should High School Football Coach be Fired for Praying After Games?

School employee suspended after refusing to stop 50-yard line invocations.

Docking Employee Pay for Rest Periods in California

As with so many legal issues, a determination as to when it is legally permissible to “dock” an employee’s pay for rest periods requires knowledge of the law and an analysis of the particular circumstances. This article highlights circumstances in which docking employee pay for rest periods in California is appropriate, as well as instances when it is unlawful.

LAG Hesse: Dismissal Without Notice Valid Due to Forged Sick Note in Germany

If an employee submits a forged doctor’s certificate for sick leave (Arbeitsunfähigkeitsbescheinigung), this may result in dismissal with immediate effect.

Company Pays Out $45K after Forcing Pregnant Woman Off the Job

Staffer told she had to prove she was capable of working.

Thousands of FLSA Lawsuits Filed by Workers for Unpaid Overtime and Other Labor Laws Violations

The Fair Labor Standards Act was passed by Congress to protect the rights of workers and ensure that they receive fair compensation from their employers. When companies fail to properly compensate their employees for their overtime work, they can be held accountable in court. In recent years, numerous FLSA unpaid overtime lawsuits have been filed by workers. A total of 7,964 FLSA lawsuits were filed in 2014, a 3.32% increase from the 7,708 cases that were filed during the previous year.

Does the “Little Guy” Really Stand a Chance Against a Corporate Giant?

Jury awards former employee $31 million over discrimination claim.

The Digital Death Knell of Court Reporting

Technology has changed the world for the general populace, and now it has threatened to change the landscape of legal practice.

Independent Contractor or Employee – A Question for San Diego Employers

A recent Supreme Court decision has changed the way the IRS and California tax agencies and the Division of Labor Standards, or Labor Commissioner view the classification of independent contractors. California believes miisclassification of employees as independent contractors has cost California more than $7 billion in payroll tax revenue.

What Is New about California’s Fair Pay Act?

The new law took effect January 1, 2016 and affects any employer with offices in the State of California. Generally speaking, the California Fair Pay Act makes an employer more accountable for equal pay for employees of differing gender who are performing essentially the same work, regardless of location, title or job description.

Trucking Industry More Dangerous than Others

It is hardly surprising that an office worker is less likely to be injured on the job than a police officer. Statistics from the U.S. Bureau of Labor Statistics (BLS) Census of Fatal Occupational Injuries (CFOI) and Survey of Occupational Injuries and Illnesses (SOII) show, however, that when it comes to the most dangerous jobs of all – those that present a very real, very tangible risk of death – truck drivers are among those who are most at-risk.

California Wage Statement Requirements

The California Labor Code and the Orders promulgated by the Industrial Wage Commission impose various wage and hour requirements on employers for the benefit of their employees. As pointed out by our employment law attorneys, below, employers are well-advised to follow legal requirements in order to avoid potentially devastating penalties which may be assessed against them.

Lawsuit Reveals Code Words Employers Used to Weed Out Older Job Applicants

Court decision may open floodgates for more age discrimination cases.

Employment Law in Poland

Key rules and regulations of Polish Employment Law.

Alarming Trend: More Workers Than Ever Claiming Unfair Pay Practices

Statistics shows that wage and hour lawsuits have risen by 30% since 2011.

Ouch! University to Shell Out $1M to Settle Sex Discrimination Lawsuit

Lawsuit alleged pattern of shortchanging employees of women’s athletics program.

Abusive Criticism Can Result in Termination of the Employment Contract in Germany

While it is of course permissible to criticise one’s employer, excessively abusive criticism can lead to termination of one’s employment contract. It can even potentially justify termination without notice.

The Defense Base Act: A Brief History and Explanation of the Administration of Benefits

The Defense Base Act is a federal workers' compensation program, which provides medical and wage-replacement benefits to military contractors injured while working on a wide variety of U.S. defense projects worldwide.

Mudtech Overtime Lawsuit

On November 12, 2015, a class action lawsuit was filed against global oilfield services company, MudTech Services, alleging that the company did not pay overtime wages as required by law. A former MudTech employee has filed the lawsuit individually and on behalf of all other MudTech employees who claim that they were not paid overtime wages.

The Zone of Special Danger Doctrine and the Defense Base Act

The Zone of Special Danger Doctrine has been the subject of numerous lawsuits under the Longshore & Harbor Workers' Compensation Act, and the Defense Base Act. What is it? How have the courts applied it to claims? Where did it originate?

LAG Düsseldorf on the Conditions for Termination without Notice in Germany

Employment contracts can be terminated without notice for good cause. Whether a serious cause justifies termination is ultimately decided on a case-by-case basis.

Are Salaried Employees in California Entitled to Overtime Pay?

The short answer to this question is “sometimes” regarding California state law on the subject of exempt versus non-exempt status of employees. However, before making decisions concerning the status of an employee, and whether to pay an employee a salary, or instead by the hour, an employer should consult with an employment law attorney who handles wage and hour issues.

Does Workers’ Compensation Pay for a Remote Employee’s Injury

  By HG.org
With the advance in technology, many individuals are able to work for employers completely or partially on a remote basis. They can often stay just as engaged in the workplace with phones, computers and other technological aids. This working relationship complicates questions of liability, such as determining whether workers’ compensation will pay for the injuries sustained by an employee.

Arbeitsgericht Berlin: Effective Termination Often Preceded by Final Warning

In many cases, it is necessary for an employer to issue the employee in question with a final warning before the former can effectively give notice of dismissal. In the absence of a formal warning, the dismissal may be invalid.

Multi-Million Dollar Whistleblower Settlement

A New Jersey whistleblower formerly employed by the J-M Manufacturing Company, the leading supplier of PVC pipes in the United States and Canada, is in line to receive over six million dollars from a settlement reached in negotiations with J-M’s parent company, Formosa Plastics Corporation, USA (FPC-USA). The case alleges that the company knowingly supplied sub-standard piping to over 80 plaintiffs in California, Massachusetts, Nevada, and Virginia

Avoid these Mistakes when Reporting a Work-Related Injury

If you were hurt in a workplace accident or have recently been diagnosed with an occupational illness or injury, the actions you take during the first few days will set the tone for the rest of your claim.

Emotional Consequences of Workplace Discrimination in New Jersey

The New Jersey Law Against Discrimination (NJLAD) protects employees from discrimination on the basis of sex, race or disability. It also prohibits employers from retaliating against employees who blow the whistle on unlawful practices conducted within the company.

Posting of Third Country Nationals to Malta: The Vander der Elst Application in Malta

As a matter of rule, individuals who are not citizens of an EU Member State (also known as Third Country Nationals-TCNs) must be in possession of an employment licence (also known as work permit), in order to both legally reside and work in Malta.

Calculating Overtime for Non-Exempt Salaried Employees in California

Most employers are aware that their “non-exempt” employees must be paid no less than the minimum wage prescribed by federal and/or state wage and hours laws. It is less commonly known that some salaried employees must also be paid overtime.

Lancaster County, PA Hospital to Pay Historic False-Claims Settlement

Close to 500 hospitals nationwide are set to pay approximately $250 million to settle allegations under the False Claims Act that they implanted cardiac defibrillators in violation of Medicare rules. One of these hospitals is Lancaster Regional Medical Center located in Lancaster County, Pennsylvania. This settlement demonstrates the importance of health care providers’ strict adherence to Medicare rules when seeking reimbursement.

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