Employment Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.
The Federal Labor Court (BAG) decided that deadlines in the field of labor law which are partly very tight, must be respected.
“At will employment” means that employers and employees have a wide range of freedoms in terminating their work relationship. "At will" states allow the firing of employees with good reason or for virtually no reason at all; however the termination must not violate the terms of a written contract, or break state or federal laws. Employees who are hired under these circumstances generally have little job security, and very few legal opportunities to fight for their job if they are fired.
Women have historically been subjected to legal discrimination based on their gender. With the passage of Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.), women are able to use the law to fight sex discrimination in employment, education, domestic relations.
New York is leading the way on legislation to ensure women aren't treated as second-class workers.
Should an employee be posted to a subsidiary company abroad over a long period of time, this can potentially have an impact on the arrangement of his professional expenses.
In California, the responsibility of school employees to report suspicion of child abuse is not only a component of a person’s moral compass, it’s the law. Communities rely on places like institutions of education to provide an element of safety for children, and teachers and administrators are assumed to uphold that expectation.
Employees can suffer all kinds of injuries while working. If you were injured at work, it is important to speak to a workers compensation lawyer about your legal rights and options.
If an employer calculates the size of the business in order to find out whether the Employment Protection Act (Kündigungsschutzgesetz (KSchG)) is applicable, then temporary workers have to be potentially taken into consideration.
The recent increase in maternity leave has created strong views, unsurprisingly divided into two broad categories: those who insist that the increase of the maternity leave to 18 weeks was essential and inevitable, and those who feel that the extended maternity leave will prove to be too much of a financial burden for the employer.
Temporary Workers to Be Taken into Consideration for Application of the Employment Protection Act - Germany
Temporary workers can be taken into consideration in determining the application of the Employment Protection Act (Kündigungsschutzgesetz (KSchG)) when the employer calculates the size of the business in order to find out whether the KSchG is applicable.
The Fair Labor Standards Act (FLSA) has much to say about employees classified as “executives” and whether or not they are entitled to compensation for overtime hours.
It has again emerged from the decisions of the Federal Labor Court (BAG) that deadlines in the field of labor law which are partly very tight must be respected.
Missouri law requires most employers to carry insurance, which pays for medical treatment and lost time benefits for employees who are injured on the job. The law requires prompt payment of benefits at no cost to you if you sustain a work-related injury covered under the law.
Posting Workers Abroad Is Likely to Make Maintaining a Residence in the Home Country Difficult - Germany
Posting a worker for years to a subsidiary company abroad can spell changes to the arrangement of his professional expenses.
Labor dispatching is a common method used by foreign invested enterprises in China to employ workers through labor dispatch agencies (“Agencies”) e.g. FESCO or CIIC.
Surveillance measures carried out by an executive compliance worker with respect to a co-worker can potentially lead to the former’s dismissal.
This brief paper is designed to provide an up to date answer to the increasing demand from many sources for information in English concerning the Labor Law of the Democratic Republic of Congo. Its discusses various issues including hiring Expatriates workers, work permit, visa, Employment contracts, dismissal, leave, etc… in the labor Law of the Democratic Republic of Congo [DRC]
By Grey Law
In regards to overtime hours for employees, the United States Department of Labor in conjunction with the Fair Labor Standards Act have created stringent laws to protect workers throughout the nation, as well as enormous penalties for employers who don't abide by the regulations.
The mutual trust between employer and employee can be strongly disturbed by a secret audio recording of the employee during a personnel talk.
In September 2012, California Governor Jerry Brown enacted a number of laws relating to employment law. It is important that employers are familiar with the changes in order to ensure compliance. The following list includes that changes made which, unless stated otherwise, will go into effect January 1, 2013.
Federal Worker Claiming Employer Failed to Make a Reasonable Accommodation Must Have Requested One, Case Finds
The failure of an employer to make a reasonable accommodation is a form of prohibited discrimination under the Rehabilitation Act.
What are the trends going to be for personnel management in the years to come? From an employment law point of view, how will companies and employees relate to each other in these changing times?
Racial discrimination, whether people like it or not, is part of the labor sector’s bad side. Workplace discrimination based on a person’s race is not uncommon in many working environments in the United States.
Some federal employees may view Federal Disability Retirement with trepidation. These remain tough economic times and there are understandable concerns that you won’t be able to make up your former income after retirement.
The realms of employment and labor in the State of California are not without their common issues, such as discrimination, harassment, and anything that demonstrates unfair treatment to employees. Fortunately for them, they are able to fight for their rights as workers by seeking protection from the state’s employment and labor laws.
By Grey Law
In 2009 there were almost 12,700 sexual harassment complaints filed with the U.S. Equal Employment Opportunity Commission. Sixteen percent came from men. Even though the total amount of sexual harassment is consistently on the decline, the number of complaints from men have increased over the years.
Obesity or morbid obesity may qualify you for FERS or CSRS disability retirement through the Office of Personnel Management (OPM).
Maryland employment law attorney explains the anatomy of a non-compete agreement.
Defense Telecommunications Operator Loses Her Discrimination Claim over Denial of Reasonable Accommodation
The duty to provide reasonable accommodation does not apply to an employee who is unable to perform the essential functions of his or her job, according to a recent EEOC ruling.
In general, the answer is “no.” If you want to make a deposit for post-1956 military service such that credit for your military service will be reflected in your retirement annuity, you must complete OPM Form 1515: “Military Service Deposit Election” and submit this form with your retirement application to OPM. You will NOT be allowed to make any such deposits once your retirement benefits are approved.
By MMLC Group
This article provides a summary of the most important laws in China governing the relationship between an employer and an employee. The discussions apply to wholly foreign-owned entities, local domestically owned entities, as well as the employment of foreigners and locals.
Times are getting tougher by the day. As it is, people with disabilities are finding it hard to survive on a daily basis. Because of their disabilities, they are forced to give up their jobs.
United States employers will be faced with a number of new obligations as of January 1, 2013
Severance payments on a release or non-compete must comply with Section 409A tax rules by December 31, 2012.
Why light duty might not always be a reasonable accommodation for federal disability purposes.
Why the Accommodations Issue is Unlikely to Pose a Problem If You Are Filing for Federal Disability Retirement Benefits
The government has been consistently aggressive in coming up with measure to help lessen, if not eradicate, sexual harassment cases especially in the workplace. As it is, there have been various labor laws that prohibit such lewd acts but a great number of people are still falling victims to such acts.
Filing a Jones Act claim doesn’t necessitate an accident report or a recorded statement. If you’ve been injured at sea, a Gulf Coast maritime attorney can review your case.
Wrongful termination is among the most alarming issues in the employment industry in California. This employment issue has been affecting many employees in the state because it allows ‘at-will’ employment.
What your legal rights are as an injured longshoreman? You may be entitled to benefits covered under the LHWCA.
Whether it is fraud in Medicare or Medicaid, failing to pay Customs duty, defrauding the government in defense contracts or any other major fraud against the government, it is the taxpayers who suffer. Birkenfeld, an ex-con, stands as one example that anyone can become a whistleblower but he has garnered so much attention because he is so incredibly unusual. Most whistleblowers are good and successful citizens who discover fraud and are horrified by that discovery.
Workplace discrimination has been an ongoing issue in the country today. While employers are covered by numerous federal (and to some extent, state) employment laws, some of them don’t actually follow such laws. In fact, discrimination cases continue to rise with each passing day.
Malta’s position within the financial services, gaming and aviation sectors, is further bolstered by the newly introduced 15% flat tax rate on; income derived from employment in Malta, by persons not domiciled in Malta and working in either of the ‘eligible offices’ as defined by the HQP Rules. With a minimum annual tax payable of € 11,250, equating to a 15% tax rate being applied to an income of € 75,000, tax planning has become a lot simpler.
A major development in Hungarian immigration policy affecting ’investor residency’ is anticipated imminently. On 27th October, 2012 the ruling party of Hungary submitted a Bill to Parliament, which would offer permanent Hungarian residency under preferential conditions for non-EU national investors willing to buy at least €250,000 of government bonds. The Bill is currently under consideration and is expected to become law very soon.
Crackdown On Workers Compensation Fraud Cases Punishes Business Owners Without Workers Compensation Insurance: Two recent cases where business owners fail to maintain workers compensation insurance are showing that law officials will not stand for businesses that commit workers' compensation fraud and violate state law.
Kazakhstan, like many other countries, has an established permit procedure for employing foreign workers. In this case, obtaining a permit for engagement of foreign workers is the responsibility of an employer. In practice employers frequently commit violations when engaging foreign workers owing to incomplete knowledge of the appropriate procedures.
The year 2013 is fast approaching. That being said, a lot of new changes and additions to the California employment and labor laws are bound to happen. Consequently, employers and employees in the state will surely be impacted by some of the provisions to existing laws, as well as new legislations created out of necessity for the betterment of the employment sector.
New Jersey federal and state courts and the U.S. Supreme Court, in addition to a federal court in New York, have issued a number of opinions regarding products liability and related issues since the beginning of 2011. Below is a synopsis of some of the more interesting and important of those decisions.
By Zorlu Law
Examining Contracts Arising Under the Commercial Credit Transaction (Letter Of Credit) Commercial credits are most commonly used in the international transactions areas. Its main future is that; it gives security both the exporter (seller) and the importer (buyer). The Seller knows that, he will get paid if he completes his duty properly. The buyer, on the other hand, can ensure to part his money before the goods are received.
• Adjustments made in labor legislation at the end of 2011 • Which legislative initiatives are to be implemented in 2012? - At the end of 2011 we witnessed the introduction of several new legislative amendments: several of these amendments to federal law were in the area of labor relations and social insurance.
Is being overweight a protected disability under the Americans with Disabilities Act of 1992? According to a recent decision of the Montana Supreme Court and similar decisions in the federal courts, it is, or at least can be. Whether you are an employee or employer, there is no easy or safe shortcut to managing your legal rights and liabilities without the advice of competent employment law counsel.
The recent media blitz in respect of precarious employment brought about the introduction of Legal Notice 44 of 2012 entitled Employment Status National Standard Order. However, neither the Legal Notice nor any other local legislation provides for a definition of precarious work. Precarious work is not formally defined in any legislation, but is associated with atypical work, low paid work and illegal work practices.
By Zorlu Law
Formation of the contract under the Vienna Convention on Contracts for the International Sale of Goods 1980 (CISG) in comparison with Turkish Code of Obligations. 1 – General - The United Nations Convention on Contracts for the International Sale of Goods (CISG) was signed in Vienna on 11th April 1980 by the United Nations and entered into force on 1st January 1988.
Several current judgments of the German Federal Labor Court show that there is no room for hesitation when it comes to questions pertaining to labor law. In the recent past, the court explained that though vacation entitlements accrue from long standing employment contracts, that these claims however, expire 15 months after the end of the holiday year. In other proceedings, it was made clear that a 2 months deadline has to be kept in order to assert the compensation claims for discrimination.
In recent years, the Singapore Law Courts have come down hard on companies who hire “temps” or freelance contractors as a means to avoid paying employee benefits. The Courts’ may not agree that your hired hand is not an “employee” but a “freelance contractor”. Read this article to find out the difference between an employee and a freelance contractor.
Have you ever considered whether or not your business could continue without you or your key employees? “Keyman Insurance” is an insurance policy designed to financially protect a business from the effects of prolonged illness or death of important employees of a business. Read this article to find out how your business can benefit from keyman insurance.
In the county of Palm Beach, a class action lawsuit has brought to the surface the injustice of Walmart Stores, which are said to be cutting on women’s pay and opportunity for promotion in comparison to men. The lawsuit involves 11 Florida women, including one each from Palm Beach and Broward counties seeking compensation and a court order telling Walmart to end what they are calling ‘gender discrimination.’
Confused about work injuries? A Workers' Comp attorney may be able to help if your claim was denied. If you have concerns about the way your Workers' Compensation claim is being handled, seek legal counsel. - What is Workers' Compensation? When an employee is injured at work, whether or not the worker was at fault, benefits may be available.
Discrimination in the work place is often a high profile and issue, whether relating to sex, race, religion, disability or age. And it’s the issue of age and the potential for discrimination and unfairness in relation to redundancy and retirement that has recently attracted judicial attention. Whether you are an employee or an employer - if you have concerns relating to age discrimination in the workplace, contact our experience employment lawyers at Parris Whittaker for prompt advice.
Possible Types of Injuries Suffered at Work - One possible type of injury is that involving the back and/or neck. This can be the result of slipping, tripping or falling. Back and neck injuries may also be a result of lifting and carrying heavy objects, or other causes.
This Q&A provides an analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and clients in respect of Corporate Immigration in Mozambique. This article is reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Corporate Immigration 2013, (published in August 2012; contributing editor: Julia Onslow-Cole of PwC Legal).
According to California labor law, the IRS has developed a checklist to distinguish between an independent contractor vs. full time. Understand this list to avoid any conflict between employee or contractor distinctions.
Private employers may generally terminate or deny employment unless they discriminate on the basis of race, national origin, alienage, age, sex, or disability. The FEHA is the California law that prohibits such employment discrimination. Federal laws define protected disability differently than the FEHA. In a California state court, an obese employee who files a disability claim must prove that their obesity resulted from a physiological condition.
By VB Attorneys
Studies have found that lower work-family stress can lead to more productive workers and a lowered risk of on the job accidents. According to new data, reducing workplace injury risks could be as simple as encouraging your workers to develop a better balance between work and their personal lives. The study by the National Institute of Occupation Safety and Health found that workers, who spend more time on their personal lives, could actually have a reduced risk of workplace accidents.
Certification of employment conditions in the workplace is regulated by the Procedures to carry out certification of employment conditions in the workplace approved by Order of the Ministry of Health and Social Development of the Russian Federation from 26.04.2011 № 342n.
According to Russian Civil and Housing Legislation, renting in Russia is made by agreement; the first party (landlord) agrees to provide to the second party (lessee) housing for rent. Under article 2 of the civil code (CC RF) and article 4 of the housing code of Russia (HC RF) foreign citizens are obligated to follow established rules governing civil and housing legislation, except as otherwise provided by federal law.
Recently there have been more frequent violations of labor rights committed by employers of not only Russian workers, but of foreign citizens working in Russia as well. In this article we want to address the issue and the manner by which Russian legislation provides foreign citizens with some measure of protection from an employer violating his or her labor rights.
Some employers who invite foreign employees to work as the heads of representative offices of foreign legal entities, as well as for other positions, mistakenly believe that they are not required to obtain work permits.
We see you rolling your eyes. “Oh, go figure, 2 employment attorneys preaching about the ‘dangers’ of not being represented by an employment law firm. Shiver me timbers!” Okay, so that last part got a bit pirate-y, but all we ask is that you please hold your presumptions about what we’re going to say here and why, at least until you’ve finished reading this. Now, BRING ON THE PULPIT!
Under a “no-fault” attendance policy, an employee accrues one point per absence, regardless of the reason for the absence. After an employee accumulates a pre-designated number of absences, the employee is usually subject to increasing levels of discipline (a “progressive disciplinary policy”), ending with termination.
Chinese labor law has been revised due to the China's transition from a planed economy to a market economy. The new labor contract law has been coming into effect since January 1st, 2008. Part I - Employee’s Termination - In general, an employer and employee may dissolve the labor contract if they so agree upon negotiations and specifically, an employee may dissolve the labor contract for below situations:
Avoiding Legal Pitfalls When Firing Managers and business owners must take care that they do not violate employees' rights when terminating their employment.
Introduction Your rights as an employee are protected by federal, state and local laws. From hiring to firing, these laws provide numerous protections. Your employment rights arise from various sources, including legislation, court decisions, employment agreements, union contracts, company hanoks, and civil service rules.
The prospect of a divorce can be particularly stressful for the spouse who has been out of the workplace for some time. While it may have made sense for one of the spouses to stay home during the marriage, once the parties begin to live separately it may simply be unrealistic for the stay–at–home spouse not to return to work after a divorce.
Statistics show that more than 4 million people in the State of California have disability. This means that a relatively large number of workers in the state are suffering from certain types of medical condition. According to Disabled-World.com, an independent health and disability news source, about 856,000 workers in the state are disabled. Hence, it could be said that disabled people in California play a vital role in the development of the state’s workforce.
In this article, I first discuss when a veterinarian is a contractor as opposed to an employee. Second, I look at the essential terms of a veterinarian employment contract and a veterinarian independent contractor agreement. Is you is, or is you ain’t, a contractor? From time to time, to generate revenue, the IRS and CA EDD will audit your veterinary practice.
In our previous articles about the Family & Medical Leave Act, we noted that covered employers must grant eligible employees up to a total of 12 work weeks of unpaid leave during a 12-month period (the “12” in the title). There are 4 (yup, the title again) methods for determining that 12-month period. The constant, regardless of the method chosen, is that the method used must, must, must be communicated to employees.
For those of you paying attention, that title rhymed. In any event, as we touched on in a previous article, certification is an important concept to understand in the FMLA process. It can be the difference between an absence being covered or not covered by the Family & Medical Leave Act.
The Georgia Taxpayer Protection False Claims Act (GTPFCA) went into effect on July 1, 2012. The GTPFCA models the federal FCA, but also contains some provisions that are unique. - —Liability and Damages Provisions - The liability and damages provisions under the GTPFCA are similar to those under the federal FCA. For example, an individual will be liable for knowingly presenting or causing the presentation of a false or fraudulent claim for payment or approval, or...
Indiana passed the Indiana False Claims and Whistleblower Protection Act (IFCWPA) in 2005. The IFCWPA generally models the federal FCA, but contains some differences. —Liability and Damages Provisions - Generally, an individual will be liable under the IFCWPA for the same violations as the federal FCA. For example, an individual will be liable for knowingly or intentionally presenting a false claim to the state for payment or approval, or...
This article aims to answer the most frequently asked questions regarding redundancy. What is redundancy and what does it mean? According to the Employments Rights Act, Section 139 1996, employees face redundancy because of the following occurrences: • The employer wishes to terminate the business; and • The employer no longer requires the employer’s working role within the company .
Defective drugs or Wrong dosages can result in serious injuries or can even lead to death. An individual suffering from drug injuries may claim for the damages. However, before that it is important to determine who is responsible for such an outcome.
We spent the last article providing an overview of the Family and Medical Leave Act (FMLA) – who’s covered, who’s not, and where to find additional resources made available by the Department of Labor. But as an employer, what are your basic responsibilities when your company is covered by the Family Medical Leave Act?
Social media sites can be a cost effective way to generate new business, but it is not without its pitfalls. There are an increasing number of cases where an employees' use of social media has created problems at the workplace, including ownership disputes of account and the outcome of YouTube video postings.
Although we discuss the Family & Medical Leave Act on our website, we thought we would provide a second source of quick facts on the FMLA and provide links to some quick and easy-to-understand resources for anyone looking for more FMLA information.
Most often, when a teacher is charged with a criminal offense, their job is in jeopardy. A tenured teacher facing disciplinary and possible dismissal from employment must endure a 3020a hearing. Robert J. Thompson, 38, a Schuylerville school teacher resigned from his job and will serve a prison sentence of 1 to 3 years after pleading guilty to vehicular assault and driving while intoxicated.
The ADA is a law that prohibits employers from discriminating against an employee because of a disability. It also requires the employer to provide reasonable accommodations in order for the employee to continue to work. Howard University has been accused of disability discrimination in the District of Columbia.
The bill defines cyberbullying as harassment, insults, taunting and threats through social media. One state Senator has insisted that it is essential to include such criminal charge to prevent the increasing numbers of teen suicides in connection to cyberbullying.
Full Article - Title VII of the Civil Rights Act and many state-level anti-discrimination and sexual harassment statutes prohibit sexual harassment in the workplace. There are two common types of sexual harassment: quid pro quo harassment and hostile work environment.
This is a preliminary advice note and is not a substitute for taking detailed legal advice in relation to your businesses situation, which may be legally complicated. This article pre-supposes that the staff to be engaged are employees and not self-employed. The engagement of self-employed staff will be the subject of a separate article.
Being laid off or terminated from your employment is never easy. But did you by chance miss potential valuable warning signs? If you can look for and recognize the warning signs, you may be able to avoid termination, look for another job while still employed or take other preemptive corrective measures.
The attorneys at Walcheske & Luzi, LLC are continually surprised by the number of people who believe workplace discrimination could never happen to them. It is important to protect yourself and not assume others always have your best interest at heart. We’ve compiled workplace discrimination examples that demonstrate it can and does happen, and sometimes with a surprising twist. This one’s for the non-believers.
Not handling the background check process correctly or misusing the information contained within the background check, also called a consumer report, can lead to liability for employers. Some potential background check pitfalls employers could face include:
Illinois 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.
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.....
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.
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.
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.
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).