Employment Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.
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.
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.
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.
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).
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.
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
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.
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.
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
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.
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 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.
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.
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.
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.
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.
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
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
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.
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.
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.
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.
Social media and social networking sites are everywhere. But what can employees post regarding their employer on these sites? Before your take disciplinary action know that depending on the nature of the posting, the employee may be engaging in what the National Labor Relations Board (“NLRB”) considers “protected activity.”
Because of the dangerous nature of construction work, employees of this industry suffer some of the highest fatality and injury rates in the United States. Employees work under hazardous conditions every day, so the contractor, property owners, and other parties involved are responsible for maintaining the safest working environment possible. However, when an act of negligence results in a catastrophic Bakersfield construction accident, it is crucial for workers to be aware of their rights.
According to Article 28 of the Egyptian Labor Law No. 12/2003 any foreign national intends to perform any work in Egypt must obtain a work permit. A fine of not less than EGP 500 and not exceeding EGP 5000 shall be imposed in case of failure to comply with the above mentioned provisions. Said fine shall be imposed on the employer who hires any foreigner without considering the above mentioned provisions.
The woman had told the police that a man and a woman approached her as she walked on a street and abducted her into a car. The incident occurred at about 2 a.m. After six hours into the abduction, the woman escaped.
Blockbuster, Inc. has entered into a consent judgment requiring it to pay over $2 million to settle an employment discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).
Under Occupational Safety and Health Act (OSH Act), California employers are required to maintain their work environments safe and free from any workplace hazard.
The Workers' Compensation Board maintains a database known as E-Case. This database contains all documents that are a part of your file. The Law Judge has access to E-Case at the time of your hearing.
The Workers' Compensation Board has completed a draft of the newest treatment guidelines which, if the Board has its way, will apply to carpal tunnel syndrome cases.
Qui tam whistleblowers first discover fraud against the government in a variety of different ways; some learn it from a business owner’s own statements while others witness it in caring for a patient who has patently not received a billed-for treatment.
The District of Columbia passed the Procurement Reform Amendment Act (“PRAA”) in 1996.2 In 1997, it passed the Emergency Amendment Act, which increased the penalties of the PRAA’s civil false claims and added qui tam provisions.3 The PRAA models the FCA, but also contains some provisions that are unique.
On May 19, 2005, Mayor Michael Bloomberg signed the New York City False Claims Act (the “NYCFCA”) into law.2 The NYCFCA became effective on August 19, 2005 and will remain in effect until June 1, 2012.3 New York City passed the ordinance because the city distributes funds through “one of the largest budgets in the United States” and the payment of false or fraudulent claims has “considerable impact upon the city’s treasury.”
Religious discrimination in the workplace remains an important topic in California’s employment sector that is despite the implementation of various anti-workplace discrimination laws.
New Jersey (NJ) Employment Attorney discusses how the FMLA and NJ FLA interact when an employee takes an extended leave due to pregnancy and childbirth.
The Hungarian Parliament has recently adopted a new act arguing that the provisions of the current data protection are outdated. Although the applicable EU directive is under significant review in the EU, the new Hungarian act still follows the old (current) EU legislation. The new act is called Information Act), and maintains the rigid Hungarian system of data protection and misses the opportunity to help foreign data processing.
Over the years, bullying has received widespread media coverage. Some studies have shown that youths who behave aggressively are more likely to engage in criminal activity as adults, while others have indicated that bullying can lead to anxiety and depression and even drive some children to suicide. This tragedy and others have resulted in lawsuits, eliciting the question of who is liable when a bullying victim commits suicide.
In June of 2011, the Supreme Court reversed the 2004 California federal court certification of a class of 1.5 million female workers alleging they had suffered the personally injurious consequences of gender discrimination while employed at Wal-Mart. At the end of October 2011, Reuters reported that a similar claim was filed in California federal court. The cases raise interesting issues of whether gender and sexual discrimination cases are appropriate for class action litigation.
In California, employees are protected both under the Family and Medical Leave Act (FMLA) as well as under the California Family Rights Act (CFRA). Both the FMLA and CFRA ensure that employees who need to take off work temporarily due to a family emergency or medical need do not lose their jobs or suffer other personally injurious consequences as a result, explains an attorney in the state.
It is not uncommon to hear news about age discrimination in the workplace in the United States, and this is maybe due to the fact that employers opt to choose younger workers.
The Securities Act of 1933, as amended (the “Securities Act”) requires that the sale of a security be registered under the Securities Act, unless the security or transaction qualifies for an exemption from registration.
Regulation D, Rule 506 Offerings - To offer and sell securities in the United States, an issuer must comply with the registration requirements of the Securities Act of 1933, as amended (the "Securities Act"), or must offer and sell the securities pursuant to an exemption from the registration statement requirements.
Investor relations involve the dissemination of information regarding a publicly traded company to create awareness of the public company and its business and to increase its stock price. The person who provides the investor relations services is known as a “Stock Promoter”. Stock promoters have used illegal practices and are often the subject of enforcement actions by the Securities and Exchange Commission (the “Commission”) is the stock promoter.
FINRA Rule, 6490, recently enacted in September 2010, requires issuers of equities and debt securities not listed on exchanges to provide timely notice to FINRA of certain corporate actions. These corporate actions include name changes, forward stock splits, reverse stock splits, distributions of cash or securities such as dividends, stock splits and other actions, and rights and subscription offerings.
On July 9, 2011, the Securities and Exchange Commission (“SEC”) approved rules to increase the standards for companies going public through a reverse merger to list on the New York Stock Exchange (“NYSE”), American Stock Exchange (“AMEX”) and the NASDAQ Stock Market (“NASDAQ”).
Regulation A was created under Section 3(b) of the Securities Act of 1933 (the “Securities Act”) to exempt public offerings not exceeding $5 million in any 12-month period by non-reporting companies, without restrictions on the types of investors that can take part in the offering. By: Brenda Lee Hamilton, Attorney Hamilton & Associates Law Group
What is a Shell Company? Securities Act Rule 405 and Exchange Act Rule 12b-2 define a Shell Company as a company, other than an asset-backed issuer, with no or nominal operations; and either: • no or nominal assets; • assets consisting of cash and cash equivalents; or • assets consisting of any amount of cash and cash equivalents and nominal other assets. By: Brenda Lee Hamilton, Attorney Hamilton & Associates Law Group
Registration of securities on Form S-8 (“Form S-8”) is a short-form registration statement under the Securities Act of 1933, as amended (the “Securities Act”). By Brenda Lee Hamilton, P.A. Hamilton & Associates
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.
1. Term of employment is designated as maximum 45 hours a week. Overwork (overtime) begins when 45 hours of terms of working time is exceeded. Working extra hours (excessive work) is determined as the hours that are up 45 hours a week in the event that working hours are designated below 45 hours under an agreement. Overtime total shall not be more than 270 hours a year.
The employee is entitled to terminate the contract, whether for a definite or an indefinite period, within the presence of serious and important reasons determined in the Labor Law numbered 4857 (“the Law”), in the following cases and such reasons are classified in three groups.
Health Care Provider Liability under the False Claims Act (31 U.S.C. § 3729 et seq.) - A recent decision by the Third Circuit Court of Appeals details circumstances under which health care providers may be held liable under the False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., for alleged fraud committed under Part C of the U.S. Medicare program. By Cliff Holmes, Esq. Attorney for Dunlap, Grubb & Weaver PLLC (Washington, DC)
Brief note on the Rights and Obligations of Employees and Employers as Per the Labor Law of Ethiopia
Your company just received a Notice of Charge of Discrimination from the Equal Employment Opportunity Commission (“EEOC”) or Texas Workforce Commission Civil Rights Division (“TWC”). The next round of communications will be very important, especially if the employee decides to file suit after the investigation.
Are trucking companies in California required to follow the State’s meal time break? If it will be based on the ruling of a federal judge in Southern California district, they are not.
Employers should beware that sending employees to California, even for a short period, may subject them to the state's labor laws.
While mergers and acquisitions have considerable advantages in terms of efficiency, they may also lead to significant employment issues and carry potential liabilities for the merging parties, especially when they involve large group of employees. The parties can reduce the risk of claims and detrimental effects of such mergers by addressing the issues in the negotiation process.
Will National Employment Strategy (“NES”) be the National Emancipation Strategy for the Unemployment?
Various news and articles have appeared recently in the Turkish media reporting that Turkey is taking steps to solve its chronic unemployment problem by implementing major reforms to its laws. Evidently, the Turkish Government has been working on a legislation, called “National Employment Strategy” (“NES”) (Ulusal Istihdam Stratejisi), drafted by the Ministry of Labor and Social Security (the “Ministry”), since 2009.
The Appellate Court of Illinois, Fourth District, recently considered the denial of a workers’ claim for workers’ compensation benefits where the Illinois Workers’ Compensation Commission concluded that his Chronic Obstructive Pulmonary Disease was caused solely by his cigarette smoking. In Gross v. Illinois Workers’ Compensation Commission, No. 4-10-0615WC, at issue was whether the claimant’s COPD was caused, in part, by his inhalation of coal dust while working as a coal miner.
Work in stables can be unsafe, which is why safe labor standards must be in place for all US citizen employees, such as those individuals who are exposed to dangerous work conditions.
One any given day there are more than 6,000,000 workers on construction site across the United States. South Carolina is fortunate to have a boom of large corporations and manufactures locating to the state, like Boeing in North Charleston. These new companies have brought thousands of new construction jobs to the Lowcountry. Recognition of the hazards on the job site can reduce the the thousands of construction accidents and fatalities that occur each year.
France has transcribed the European Directive into internal law, offering new avenues for professional hires in France that are more favorable than French common law rules for new hires. French Application of the New European Blue Card for Immigration of Skilled Foreign Employees : A valid competitor to the American Green Card ?
By TIM Services
Labor relations in Russia are regulated by law, which, at the federal level, is the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code), as well as by other federal laws. The Labor Code currently in effect was adopted on December 30, 2001 by Federal Law N 197-FZ, which came into force February 1, 2002.
By TIM Services
Legal procedure for employment of highly qualified specialists.
CareAlliance Health Services is one of the largest employers in the Charleston area. It has more than 4,500 employees, including those at Roper, Roper North, & Bon Secours St Francis Hospitals, who are entitled to workers' compensation benefits if they suffer an injury at work.
South Carolina Workers Compensation laws were enacted to compensated injured workers for medical expenses and loss wages, including the employees of the Charleston County School District. Teachers, administrators, bus drivers, janitorial staff, coaches and all others employed by the school district are protect by these laws in the event they are injured at work.
Recent decision represents the continuing trend in state and federal courts to uphold arbitration clauses and read them broadly.
According to the LA Times, the California Labor Commissioner has recently filed a historic minimum wage enforcement action against ZipRealty. The action, which seeks more than $17 million in unpaid wages and penalties, is unique because it is the largest enforcement action in California history. While the size of the claim is unusual, labor abuses have become somewhat commonplace during the economic recession, oftentimes with personally injurious consequences for employees, explains an attorney.
The National Labor Relations Act (NLRA) protects employees in California and elsewhere in the United States from personally injurious consequences for unionizing and engaging in protected “concerted” speech, explains a lawyer. Recently, the National Labor Relations Board (NLRB), the administrative agency that enforces the NLRA, held that comments made on social media sites about employers could be considered protected speech, for which employees may not be penalized or terminated.
Age should not be the sole basis when it comes to making an employment decision. In California, employers are not allowed to discriminate against employees or applicants based on their age. California employees and applicants must know that they are protected under the Title VII of the Civil Rights Act of 1964, the Fair Employment and Housing Act (FEHA), and the Age Discrimination in Employment Act of 1967 (ADEA).
Managers typically don’t receive overtime because they’re exempt. Employers often assume that their management trainees fall into the same category and are exempt. They don’t, and they aren’t.
Aside from decent salary, many California job applicants and employees look for something else, and that is: good employer.
The Medical University Of South Carolina (MUSC) is the second largest employer in the Charleston area. There are approximately 11,000 employees who would are covered by South Carolina Workers' Compensation Laws and entitled to benefits if injured on the job. While hospitals present countless opportunities for injury, there are some that are prevalent. Remaining cognizant of these risks will help prevent injury. Workers' compensation will help when injury cannot be avoided.
When an employee is seriously injured during the course of their work or when they suffer from occupational disease they may be eligible for compensation benefits. Workers’ compensation can assist the employee in paying for medical-related costs and disability benefits.
Every day America’s workers risk their lives while working in hazardous occupations. When a worker is killed on the job or from an occupational disease, their family members may be entitled to death benefits on behalf of the deceased.
Workplace injuries vary from job to job, but an injured worker should follow these guidelines regardless of their job title. These actions following a workplace injury will help expedite you receiving your workers' compensation benefits.
Construction accidents are the leading cause for South Carolina workers' compensation claims. Job sites are inherently dangerous, but many people are surprised at some of the construction accident injuries that result in workers' compensation claims.
Conversations and other conveyances of information between a client and his or her lawyer are considered privileged in that they are protected from disclosure during the discovery process. This protection is referred to as “attorney-client privilege.” Unfortunately, the client may inadvertently waive this privilege in certain situations. Moreover, communications via electronic devices and mediums may also compromise the attorney-client privilege, as a case in California recently illustrated.
The Florida False Claims Act was enacted in 1994.(1) The liability and damage provisions of the Florida FCA are identical to its federal counterpart, except for two key differences. This article will explain the key differences in this legislation and the various procedural requirements.
California has independent qui tam laws and procedures. The California False Claims Act (the “CFCA”) was enacted in 1987, making it one of the oldest state false claims act. Numerous cases have been litigated pursuant to the California False Claims Act (the “California FCA”)1. Thus, California courts have had ample opportunity to interpret provisions of the California FCA.
The present article in a Q&A format seeks to provide employers and companies with a general overview of common Labor & Employment issues to be aware of and to consider when about to hire employees or upon already having a workforce in Guatemala.
Certain California employees may not be aware of their employment and labor rights and this is about to change as per the new ruling of the National Labor Relations Board (NLRB). According to the new ruling of NLRB, California employers will now be required to inform workers about their rights under the National Labor Relations Act (NLRA) specifically on the right to participate in labor unions.
Under United States law, the U.S. Equal Employment Opportunity Commission (EEOC) does not enforce the protections that prohibit discrimination and harassment based on sexual orientation.
Discriminating against an innocent individual or a group based on race or national origin may be prosecuted under Title VII of the Civil Rights Act of 1964, such as those individuals who are Muslim, Arab, Afghani, Middle Eastern or South Asian.
The ACLU is arguing that the law is unconstitutional since it constitutes an unreasonable search or seizure. No other state currently requires drug testing for this reason, but Florida is the first state to enact the law.
Facebook. LinkedIn. Twitter. These and other social media sites have created fast-paced opportunities for individuals to network and for information to spread. However, with these opportunities come potential hazards, particularly in connection with the workplace. By formulating social media practices and policies that comply with recently issued legal standards, employers have the ability to minimize, if not eliminate, the challenges posed by employee use of social media.
Finding a babysitter in California may get a lot more complicated! If Assembly Bill No. 889 is passed, a Friday night date could face extreme changes.
Effective Date of Service Provider Fee Disclosure Extended to April 1, 2012 - Effective Date of Participant-Level Disclosure Extended to May 31, 2012
Employees who operate company vehicles or personal vehicles while on the job are entitled to the same protections under the workers’ compensation laws as workers who spend all of their time at the workplace. Therefore, if an employee is injured in a vehicle accident while performing their job, they may be entitled to workers' compensation benefits.
Jobs that involve the use of heavy machinery are associated with the risk of injury. For injured workers, these injuries are typically covered under workers’ compensation insurance and/or a third party claim.
Considering how much time workers spend on the job, work-related injuries are unfortunately commonplace. Fortunately, many of these injuries are covered by the employer’s workers’ compensation insurance.
Every year millions of workers are injured in the workplace. Fortunately, a significant percentage of workplace injuries are covered under workers’ compensation insurance in North Carolina, regardless of fault.
Many people rely on religion to have spiritual growth, but there are times when they are discriminated for their practices. In the United States, the government respects the creeds and beliefs of people who follow their religion. However, this is not always the case in some work places.
It is the basic right of an employee to work in safe work environment. A new California law compliments this basic right of workers.
Over the past several months the procedures for the registration of foreign citizens in the Russian Federation by place of residence have seen significant changes.
The right of all citizens to work and the state’s role in promoting the conditions to make this right effective is enshrined in Malta’s 1974 Republican Constitution. It upholds the principles of workers’ rights, including the max number of daily working hours, a weekly rest day, holidays without pay, the establishment of a min working age, gender equality, professional and vocational training, contributory social insurance and the provision of the means of subsistence for those unable to work.
Federal, State, and local public agencies have a powerful club to beat back or recover for fraudulent or exaggerated contractor and subcontractor claims against them, in the form of State and Federal False Claims laws.
Qui Tam or Whistleblower Lawsuits for Fraud on Government Contracts or Public Contracts under the California False Claims Act, and California Law on the Statute of Limitations.
Which welfare rights for the crews? Maritime welfare law was initially developed under the aegis of the domestic legal systems of shipping Nations, each setting their own rules on board their ships. Ships’ freedom of registration and shipping internationalization were the main factors undermining domestic frameworks.