Employment Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Employment including: discrimination, employee benefits, employees rights, ERISA, human resources law, labor relations, outsourcing, sexual harassment, whistleblower, workers compensation and wrongful termination.
July 6, 2010 By TIM Services
The Russian immigration system has changed significantly over the recent years. Some of the changes include several laws being amended and some new regulations being enacted to improve the procedures and make them more straight-forward.
July 1, 2010 By Siam Legal International
Introduction: Under the Thai Labor Protection Act 2541 (1998), employee rights are widely protected. Generally speaking, employers must remain considerate and defer to Thai and foreign employees. When disputes arise, they typically take the form of a wrongful termination claim. Thai law is clear in defining when and how an employee may be lawfully terminated. Additionally, standards for determining remedies are well established.
June 29, 2010 By Law Office of Roman Amaguin
Personnel and related records present risk to Hawaii employers if not stored, maintained and disposed of appropriately. Hawaii employers should designate at least three levels of security for access to employee information/records.
June 29, 2010 By George W. Wolff & Associates
This Article describes general grounds for Bid Protests on City, County, Local Agency and State Government Public Contracts in the State of California and stresses the urgency to file a Bid Protest very, very quickly after bids are opened to avoid losing your rights to file a successful Bid Protest. Protest procedures vary so check the project manual, local statutes or ordinances on deadlines and procedures, and - immediately - consult a competent and experienced government contract attorney.
June 26, 2010 By The Babcock Law Firm, LLC
Understanding workers compensation benefits available to on-the-job injury workers in Colorado.
June 24, 2010 By Mesriani Law Group
Under The Jones Act, a federal law which regulates the United States shipping industry, the workers contemplated and protected under it are not just merely seamen or ship employees but also other occupations and places of work.
June 24, 2010 By Law Offices of Barry G. Doyle, P.C.
Many injured workers are not aware of the differences between worker's compensation cases and civil lawsuits in Illinois. When they hear about how hard it is to "go to court" over a work-related accident, this discourages them from asserting their rights under the Illinois Worker's Compensation Act. The truth of the matter is that the worker's compensation system has been designed to make easier, not harder, for injured workers to assert their rights.
June 21, 2010 By Law Offices of Barry G. Doyle, P.C.
When representing injured truck drivers in worker's compensation claims, one important question that must be answered is whether the worker's compensation case can be filed in Illinois. For an injured truck driver, this is an important question because the worker's compensation laws in Illinois are more favorable to the employee than they are in many other states.
June 15, 2010 By Law Offices of Barry G. Doyle, P.C.
The Illinois Worker's Compensation Act requires employers to pay for related and necessary medical care. Injured workers in Illinois are entitled to choose two doctors and then receive medical care from that doctor and any other physicians to whom he is referred.
June 14, 2010 By The Babcock Law Firm, LLC
There are two requirements for an injured worker who needs to report a work-related injury. First, the injured worker needs to report the injury in writing to his or her employer within four days of the injury. Second, the injured worker needs to file a Workers’ Claim for Compensation with the Colorado Division of Workers’ Compensation within two years of the injury.
June 9, 2010 By Christiansen Law Offices
Recently, the Nevada Supreme Court upheld a multimillion dollar damages award against an employer after two of its employees were involved in a 2001 drunk driving accident that resulted in one woman's death.
June 7, 2010 By MMLC Group
This article looks at how non-compete agreements and arrangements are regulated under Chinese law.
June 2, 2010 By The Law Firm of Labeed Abdal
The old Private Sector Labor Law has been replaced by the new law with radical changes in the basic provisions, came into force on 21st February 2010.
June 2, 2010 By Popowski, Callas & Shirley, P.A.
This year, National Work Zone Awareness Week took place from April 19th to the 23rd. In South Carolina, the theme was “Let ‘em work. Let ‘em live.” Throughout that week, drivers across the state passed signs with the slogan.
June 1, 2010 By The Babcock Law Firm, LLC
Coverage and protection for injured workers in Colorado can be obtained by an employer in three different ways.
May 28, 2010 By Mesriani Law Group
The Uniformed Services Employment and Reemployment Rights Act of 1994 better known as USERRA is a law that protects the civilian employment of employees who have been called to duty as non-full time military service members.
May 28, 2010 By Law Offices of Barry G. Doyle, P.C.
Injured workers in Illinois have the right to file a third-party liability suit when their injuries are caused by someone other than a co-worker or their employer. However, unlike worker's compensation cases, fault is a crucial issue in third-party liability suits. This article sets forth some of the ways in which defense lawyers are likely to inject the issue of fault into the case and how it can impact the recovery of compensation by injured workers.
May 21, 2010 By Mesriani Law Group
Sometimes, employees may have unreasonable expectations about their salary but more often, when it comes to California wage disputes, problems usually arise when an employer fails to pay minimum wage, overtime pay or would even make unnecessary deductions from the employee’s salary.
May 20, 2010 By Harper Grey LLP
The current economic climate, continued employment and employment relationships are more critical than ever. Loyal and productive employees afford and employer its best chance to emerge unscathed at the end of this lengthy recession. However, economic pressures may require an employer to reorganize or restructure its workforce. Doing so properly, and in accordance with the law, will ensure continued survival of your business, your profitability and your reputation.
May 20, 2010 By Akdogan Uslas, Attorneys at Law
This article mainly discusses employment related consequences in asset purchase deals in Turkey.
May 17, 2010 By Dolan Law Firm
Religious freedom is one of the founding principles of the United States. Over time, the practice of celebrating diversity and discouraging discrimination has become an important representation of America and its core values.
May 10, 2010 By Law Offices of Barry G. Doyle, P.C.
Many injure workers in Illinois have their worker's compensation claims improperly denied because they were "off the clock" when they were hurt. Kinds of cases that result in improper denials of worker's compensation benefits include: business travel, injuries in parking lots, injuries coming to and going from work on the premises, and injuries occurring during break or lunch.
May 7, 2010 By Seaman Garson LLC
On January 28, Plain Dealer reporter Bob Paynter wrote a front page story on how the soaring rates of the workers’ compensation group- rating program was adversely affecting small businesses in Ohio.
May 7, 2010 By Seaman Garson LLC
Courts in recent years have upheld the workers' compensation rights of injured immigrant employees, regardless of legal status. Only one state — Wyoming — excludes illegal immigrants from the workers' compensation system. Ohio may become the second.
May 7, 2010 By Ankin Law Office, LLC
The Illinois Appellate Court allowed tort damages in a case involving injuries on the job. The ruling shows that workers’ comp attorneys should routinely assess all potential third party claims before concluding the sole source of recovery is under the Workers’ Compensation Act.
May 4, 2010 By Bohrer Law Firm
Increased crude oil production in the Gulf of Mexico has sparked hope that the recession will soon end. As the nation returns to economic health, shipping lanes, ports and the gulf oil and gas production and drilling industry will get busier with goods moving in and out.
May 3, 2010 By Makarim & Taira S.
It has been over 4 years since the Constitutional Court’s ruling on 26 October 2004 which declared that Article 158 and other relevant articles of the Manpower Law in relation to serious misconduct were against the Indonesia Constitution and therefore were not legally binding.
May 2, 2010 By Law Offices of Barry G. Doyle, P.C.
Owner-operators who are injured on the job are regularly denied worker's compensation benefits. However, a 2007 decision from the Illinois Supreme Court shows that even though owner-operators have signed independent contractor agreements, they may be considered employees under the Illinois Worker's Compensation Act and can receive benefits for work-related injuries.
April 29, 2010 By Law Office of Roman Amaguin
There are several specific steps an employer should take to emphasize to employees that sexual harassment will not be tolerated in the workplace. An employer's managers and supervisors take on an important role at each of these steps. One of the most important steps is the effective implementation of a sexual harassment policy.
April 28, 2010 By Derzon & Menard, S.C
Wisconsin law recognizes two types of on-the-job injuries that are compensable under an employer's workers' compensation insurance policy: accidental injuries and occupational diseases.
April 27, 2010 By Christiansen Law Offices
The Federal Occupational Health and Safety Administration (OSHA) has had its eyes on the Las Vegas Strip since last year, when a sudden increase in construction worker deaths raised questions of safety at sites like the City Center.
April 23, 2010 By MMLC Group
A welcome development, has been the enactment of a new tort law in China in early 2010. This law has the potential to change the legal landscape in China in relation to negligence claims, IP infringement matters and labor matters.
April 17, 2010 By Bukher & Associates, P.C.
A non-disclosure or non-compete agreement is basically a contract between the employer and its employee where, for some valuable consideration (like a job and salary), the employee promises not to divulge any sensitive information learned during the course of employment or the employee promises not to go work for competitors for some period of time after the employment terminates.
April 13, 2010 By Masephule Dinga
It is almost eight (8) years since the Regulation of Interception of Communication and Provision of Communication Related Act, 2002 (“RICA”) was promulgated and almost nine (9) months since the compulsory registration of cellular sim cards.
April 10, 2010 By Barker Olmsted & Barnier
EEOC statistics show that pregnancy discrimination claims are on the rise. The rules in California are slightly different than under the federal FMLA. This article reviews two important distinctions.
April 9, 2010 By Sally & Fitch LLP
What can be included in a valid noncompetition agreement?
April 1, 2010 By Law Offices of Barry G. Doyle, P.C.
Many injured workers in Illinois who are considering hiring a worker's compensation lawyer are concerned about the issue of attorney's fees and how they are going to pay for legal assistance. The good news is that Illinois worker's compensation lawyers work on a contingency basis, and that the fees are very reasonable.
April 1, 2010 By Stewart J. Guss, Attorney at Law
An article about what to do if you are fired in Texas.
April 1, 2010 By Breakfield & Associates, Attorneys
In the case of Smith v. Salon Baptiste (S09A1543) (2010), the Georgia Supreme Court ruled that Georgia law § 9-11-68 requiring a losing party to pay the attorney fees of the winning party under certain conditions was constitutional.
March 31, 2010 By Pardini & Associates
According to article 66 of the constitution of the Republic of Panama, the law will establish the mechanism to adjust periodically the minimum wage. In fulfillment of this article the previous government created a “Minimum wage National Commission”, composed by the workers union and the private sector (employers). This commission historically has never concurred with a satisfactory decision for a new minimum wage.
March 25, 2010 By Kilgore & Kilgore, PLLC
Employees agreeing to resolve disputes through binding arbitration may be giving up important rights and, as one recent study has found, may be less likely to receive compensation for their injuries.
March 23, 2010 By Williams & Wiseman, P.A.
The struggling economy has made the job market even tougher for job seekers, as the rising unemployment rate has resulted in fewer jobs for more applicants. Having a criminal record can be one of the quickest ways for employers to eliminate you from the potential candidate list.
March 19, 2010 By Bill Daniels Law Offices, APC
The Court of Appeal distinguished between remedial civil penalties and punitive damages in Los Angeles County Metropolitan Transportation Authority v. Superior Court (2004) 123 Cal.App.4th 261, and held that a government entity is not immune from civil penalties imposed by the Unruh Civil Rights Act (Civil Code section 52 et seq.) under Government Code section 818, which bars imposing punitive damages against public entities.
March 18, 2010 By Angela Wang & Co.
In the United Kingdom, there appears to be an emerging trend of recognizing the implied anti-avoidance term in employment contracts. An anti-avoidance term is defined by Cabrelli in “Discretion, Power and the Rationalisation of Implied Terms” as a term that has the effect of binding employers not to engage in tactics which evade the operation of an express term conferring a certain or conditional benefit on the employees.
March 12, 2010 By Mesriani Law Group
Although the media do not give as much attention to national origin discrimination as much as it does to sexual harassment and racial discrimination case, it is still equally important to understand this type of mistreatment.
March 4, 2010 By Icaza, Gonzalez-Ruiz & Aleman
To whom does the property of an invention, whose creation is a direct consequence of a labor relationship, belong to? During 2009, multiple inquiries and queries related to the feasibility to limit or to restrict the property right on the ideas, the technical innovations or invents developed and obtained by the workers were received.
February 26, 2010 By Mariscal & Associates
The Spanish Code of Labor Law sets out a special type of redundancy known as redundancy based on objective reasons. There are several reasons based on which a company could carry out this type of redundancy. We are going to focus just into the most common ones, which usually take place during economical hard times: economic and productive reasons.
February 23, 2010 By Law Office of Roman Amaguin
Employers who are covered by the Hawai'i Family Leave Law are required to allow eligible employees to use up to ten (10) days per year of their accrued and available sick leave for any of the purposes listed in the HFLA.
February 21, 2010 By The Corbett Law Firm, PLLC
This article discusses the racial discrimination southern black farmers experienced from the USDA.
February 21, 2010 By Bill Daniels Law Offices, APC
Recognizing and acting on liens is an important part of any practice.
February 21, 2010 By Bill Daniels Law Offices, APC
Attorneys counseling either insureds or carriers need to have a grasp of this doctrine as well, whether they are providing advice during the course of a claim or in the midst of bad faith litigation.
February 15, 2010 By Law Offices of Barry G. Doyle, P.C.
Injured workers in Illinois can file both a worker's compensation case and a third-party liability suit against anyone responsible for their injuries other than a co-worker or their employer. Injured workers should take measures to help protect their rights and their recovery. Here are 7 specific steps they can take to help ensure a successful recovery.
February 9, 2010 By Bill Daniels Law Offices, APC
Construction work is difficult, demanding and often dangerous. Pursuing a third party claim for a construction injury can be equally trying.
February 8, 2010 By Leeds Brown Law, PC
Rio Tinto is a large borax mine on the edge of California’s Kern County. The mine has been the life blood of the town of Boron, California for generations. However, if an agreement cannot be reached between management and the labor union representing the workers, the mine might be shut down permanently.
February 8, 2010 By Leeds Brown Law, PC
A former Nashville schools Payroll Coordinator was awarded about $1.5 million dollars by a Federal jury on Monday, January 25, 2010 based on a claim that she was wrongfully terminated in 2003 when she cooperated in a sexual harassment investigation of a school official. The former employee, Vicky Crawford, who worked for the district for thirty years, sought lost wages, future wages and pension benefits.
February 5, 2010 By Mesriani Law Group
Under Americans with Disabilities Act (ADA), employers are prohibited to discriminate workers based on their physical or mental disability.
January 30, 2010 By Law Office of Roman Amaguin
The Age Discrimination in Employment Act (“ADEA”) applies to employers who employ 20 or more employees. The ADEA covers employees who are at least 40 years-old. Hawaii law, HRS Chapter 378, also prohibits age discrimination. Significantly, however, HRS Chapter 378 applies to all employers. Further, all employees regardless of their age are protected against age discrimination.
January 29, 2010 By Law Office of Julie Johnson, PLLC
Two former African-American employees have filed a lawsuit against Hotels com, and its parent company, Expedia, Inc. in Dallas County District Court, alleging that Hotels com discriminated against them because of their race.
January 19, 2010 By Matt Dickstein - Business Attorney
In this article, the author will give you a quick overview of the legal analysis for firing an at-will employee.
January 19, 2010 By Rosenberg & Rosenberg, P.A.
The first priority if you have been injured as a result of a work-related accident is to seek medical assistance.
January 14, 2010 By Mesriani Law Group
To provide equal employment opportunity to all workers regardless of their religious affiliation, there is a federal law that prohibits most private employers from discriminating employees based on their religion.
January 14, 2010 By Simon Shang & Partners
There are two main methods which a foreign investor can conduct in hiring local staff.
January 7, 2010 By Beard Stacey & Jacobsen, LLP
Given the Supreme Court of the United States’ holding in Miles v. Apex Marine, 498 U.S. 19 (1990), the time has come for the Primary Duty defense to be beached and buried.
January 7, 2010 By Law Office of Roman Amaguin
A work environment is considered "hostile" under both Hawaii and federal law when sexual behavior is severe or pervasive enough to alter the complaining employee's employment conditions and create an abusive work environment.
The decision to fire or give an employee his walking papers may turn out not to be as simple as everyone thinks. Sometimes dismissing an employee may inadvertently expose the employer to charges of wrongful termination while on the other hand, a terminated employee may receive many different types of damages arising from his claims.
Most states require private employers to provide worker’s compensation that will cover on-the-job injury or illness among their workers.
The US has the most extensive employment law that protects workers from common types of discrimination, allowing them to seek employment without the fear of experiencing abuses and unfair labor practices.
December 23, 2009 By Harris & Moure, PLLC
It has been a little over six months since China enacted its groundbreaking new Labor Contract Law, which is just enough time to get a preliminary assessment of its impact. The new Labor Law has had a huge impact on how employees are treated in China and on how they view their rights.
December 23, 2009 By Harris & Moure, PLLC
Many small and medium sized companies that engage in OEM manufacturing/ outsourcing in China fail to take the steps necessary to protect themselves. When problems arise, they can do little or nothing to protect themselves because they have no legal basis for protection.
December 17, 2009 By Law Office of Roman Amaguin
Title VII prohibits discrimination because of "national origin." The EEOC defines national origin discrimination as the denial of equal employment opportunity because of an individual's ancestry, place of origin, or because the individual possesses the physical, cultural, or linguistic characteristics of a national origin group. Hawaii law prohibits "ancestry" discrimination. Like Title VII, the terms "ancestry" and "national origin" overlap.
December 16, 2009 By MNF Global, LLC
Tips to analyze a lateral move when you have a book of business.
Most states prohibit employers from terminating workers based on reasons that are generally perceived as ethically or morally wrong. Also called as termination in violation of public policy, this unfair labor practice will make employers liable for employment-related lawsuits and claims.
Whistleblowers, or employees who report the illegal activities and violations of their companies, cannot be punished, harassed, demoted, and terminated by their employers.
In California, disabled employees can file for worker’s compensation if their injuries or illnesses are work-related. The advantage of this benefit is that workers can still receive this even if they only suffer from temporary disability, unlike Social Security claims which only provide assistance for those permanently disabled workers.
Some US employers provide workers with fringe benefits which is a nonwage compensation that is usually given to those who provide notable work contributions to their companies.
December 8, 2009 By Lorenz
The author discusses a recent judgment of the Administrative Tribunal of the International Labor Organization that formally confirmed the ongoing trend in international civil service case law toward the recognition of single-sex partnerships insofar that they are recognized on a national level.
December 3, 2009 By ADMD Law Office
European Union Directive No.104 is accepted and enforced by European Union Council in 23.11.1993 furnished a flexibility to work hours and this flexibility is supported with the codes accordingly. Turkey which is in the process of entering to European Union has made some important changes and accommodated to innovations in Labor Law in order to adapt EU’s standards and updates.
December 3, 2009 By ADMD Law Office
As Turkey maintains economic stability and growth for almost five years, the confidence of the foreign investors raised and new direct investments are executed more often. In this context employee related issues are of consideration to foreign investors and significance of the Turkish Labor Code (‘TLC’) elevate accordingly. Therefore we would like to briefly inform foreign investors regarding the precautions that shall be thought over while hiring and firing employees in Turkey.
December 1, 2009 By Law Office of Roman Amaguin
Title VII and Hawai'i Revised Statute Chapter 378 prohibit employment discrimination on the basis of race and color. The term "race" generally includes all distinctive racial characteristics such as physical characteristics, culture and race-linked illnesses. "Race" can also include a person's name.
November 25, 2009 By Bononi Law Group, LLP
To determine whether an employee is exempt from overtime, the law requires more than an examination of the employee's title. Thus, a manager is not automatically exempt from overtime pay.
November 23, 2009 By Mesriani Law Group
Under federal law, most private employers are prohibited to discriminate workers based on gender, pregnancy, age, religion, disability, race, national origin, and color. This law aims to provide equal employment opportunity to all workers and provide them with a safe work environment.
November 23, 2009 By Mesriani Law Group
Under California law, employers are required to pay for worker’s compensation benefits that will cover expenses caused by work-related accidents.
November 23, 2009 By Law Office of Roman Amaguin
Under Hawaii law, owners and operators exercise authority, control, or discretion over places of public accommodation. In this capacity, owners and operators are subject to liability for unfair discriminatory practices due to race, sex, color, religion, ancestry, or disability by themselves, or their employees and agents.
November 23, 2009 By Lorenz
The alcohol lock is making its way in Belgium, including in Belgian labor law. In its one hundredth Collective Bargaining Agreement, the Belgian National Labor Council has enacted the obligation for all Belgian employers to establish a well-conceived alcohol prevention and treatment policy. The installation of an alcohol lock in the employer’s company car park can be introduced in the framework of such a policy.
November 23, 2009 By Lorenz
In a recent decision, the Belgian Supreme Court has given its green light for employers to dismiss an employee and to simultaneously agree on an all-in termination package with this employee. Thus, the Supreme Court enables the employer to dismiss an employee in an efficient way that is satisfactory for both the employer and the employee.
November 21, 2009 By Bloomfield Advocates and Solicitors
This article seeks to consider the regulatory framework that governs corporate immigration in Nigeria. This article’s goal is not to provide new ground breaking research, but to provide someone unfamiliar with corporate Immigration laws in Nigeria with all of the most current information in an accessible and easy to read format.
November 12, 2009 By Spencer & Spencer, P.C.
Every state workers' compensation laws that provide benefits to people injured at work. This is a brief overview of the workers' compensation laws in Colorado.
November 9, 2009 By Law Office of Roman Amaguin
Prompt, thorough and effective investigations are an integral part of an employer's prevention and correction of sexual and other forms of unlawful harassment in the workplace. Recent United States Supreme Court decisions have emphasized the importance of the employer's efforts to prevent sexually harassing behavior and promptly correct any such behavior which does occur.
November 7, 2009 By Law Office of Roman Amaguin
In Hawaii and other jurisdictions the majority of all employment relationships can be divided into three categories.
October 26, 2009 By Gradeanu & Partners Law Firm
The liquidated damages clause is the ancillary convention allowing the parties to determine in advance the amount of the damages incurred by the lender as a result of the borrower’s failure to fulfill or of the borrower’s delayed or inappropriate fulfillment of its obligation.
October 23, 2009 By The Law Firm of Labeed Abdal
Few notes on some of the local laws in Kuwait which will need some reforms for better and fare application..
One area where even those experienced in HR can come unstuck is how to deal with employees on maternity leave. The authors consider some of the commonly asked questions.
Does your organization, like most, have a retirement age of 65? Although this is lawful for now, it may need to change in the near future.
The rules controlling when skilled workers are allowed to take jobs in the UK under the points-based system are to be tightened up.
October 13, 2009 By The Prinz Law Firm, P.C.
Employers often use performance evaluations to create pretext for terminating an employee. If you believe you have been subjected to illegal discrimination or harassment, filing a response can unmask the illegal conduct and, sometimes, prolong your employment.
October 7, 2009 By Barker Olmsted & Barnier
DLSE Approves Salary Reduction For Furloughed Exempt Workers
October 6, 2009 By Howard Roitman & Associates
According to the ABA: At large law firms, there are entire departments dedicated to many of the logistical and administrative aspects of running a law firm. These include managing office space, conducting conflict checks, overseeing HR matters, even making sure the coffee break room is stocked with half-and-half. As sole practitioners, attorneys are responsible for all of these activities, and many others
October 5, 2009 By The Martin Law Firm, P.C.
Misclassifying employees as "independent contractors" exposes businesses to serious risk. Below is an overview of the legal distinctions between an employee and an independent contractor.
September 9, 2009 By Ryan A. Foster & Associates, PLLC
There are different types of personal injury claims that can be brought on behalf of amputees.
September 8, 2009 By Resolution Assurance Group
There are many companies offering services on the Internet which do not qualify as "investigations" but really should be. These companies are completely unregulated and most of these companies are "information brokers" who have access to databases of public records, like telephone numbers, address directories, voters registration filings, etc.