Employment Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.
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.
This article aims to explain basic principles governing the acquisition of work permit for foreigners in Turkey. The article is committed to clarify relevant issues with questions and answers.
The first and foremost thing that one must not do when suing is to get blinded by the potential amount of compensation that he may receive when “all is said and done” in the court. In personal injury, employment, and social security matters, it is important to consider not only the figures which one may receive as final indemnification to the damage, but also the ability of the defendant to pay it once you win the case.
California Whistleblower Qui Tam False Claims Act Lawsuits for Treble Damages on Government Contracts
The California and Federal Laws on False Claims on Government Contracts and Public Works Contracts create the risk of Liability for Treble damages, Civil Penalties and disbarment in WhistleBlower Qui Tam Lawsuits for all government contractors which could effectively wipe out any possible profits on public contracts.
You don’t always have to choose between filing an IL workers comp claim and an Illinois personal injury claim when third party liability comes into play.
Because Section 3729(a) of the FCA requires courts to impose a penalty for each false claim, inevitably cases will exist in which courts must hold FCA defendants liable for substantial penalties even where actual damages to the government are minimal or nonexistent.
The FCA protects a potential relator from retaliation for “lawful acts done . . . in furtherance of an action under this section, including investigation” and provides “all relief necessary” to make him or her “whole.”
Today’s propensity of various Hollywood films to depict courtroom drama is like a contagious disease in the mental disposition of many Americans. Not only that, but it also gives a certain level of a romanticized view of how courtroom cases are tried, hence a woefully wrong viewpoint of things being imbibed to the typical American citizen, especially in a simple matter of cases such as personal injury, employment, or even social security.
When injured on the job, many workers may be surprised to learn that insurance companies routinely stop payments or deny many workers comp claims. This article is intended for readers to learn about common tactics used by insurance companies to minimize workers compensation payouts.
It is a well known fact that disabled people have less job opportunities due to their affliction, whether it is physical, mental, or emotional impairment. This significantly less job capabilities will naturally make employers disdainful of hiring them for certain jobs, especially if it puts stress to the natural workflow inside the office.
The 1986 amendments set the range of civil penalties for violations of the False Claims Act (“FCA”) from $5,000 to $10,000, in addition to trebling actual damages.
Significant controversy has been raised about a recent ruling in Arizona that severely sanctions employers who “knowingly or intentionally” hired illegal immigrants. This is with respect to the rising cases of illegal immigration in U.S. soil, and this corrective action is intended to discourage people from doing so.
By Amaris Law
It is quite usual for a foreign employee to have the unfair clauses in his employment/labor contract in Shanghai, such as “the employer may terminate the labor contract without special reason, but with a 3-months or payment in lieu thereof.” This kind of clause has been usually regarded as valid by the Shanghai courts. However, the situation has been changing recently with the white book published by the Shanghai No. 2 Intermediate People’s Court as of April 12, 2011 (“White Book”).
According to the Equal Employment Opportunity Commission (EEOC), it received 6,119 charges of pregnancy discrimination in the fiscal year 2010. This doesn’t represent the actual number of pregnancy discrimination cases in the U.S, there may actually be more instances of such but many victims are afraid or retaliation or aren’t fully aware of their rights.
Some of the most difficult workers comp cases involve injuries to the back, neck, shoulder and knee. It is typical for employers and insurance companies to avoid accepting responsibility for these injuries because of the potential for lifetime workers comp benefits or findings of arthritis. An experienced workers comp attorney provides helpful descriptions of each injury and suggestions to help injured workers protect themselves.
The Obligations of International Organisations When Investigating on Informal Complaints of Harassment
On February 2, 2011, the ILO Tribunal rendered two judgments dealing with cases of harassment within international organisations. The Tribunal ruled that the claims challenging the sufficiency of the investigations carried out by the organisation at stake were admissible and allocated damages to the applicants, although the complaints were initially lodged in an informal way only.
This article outlines the obligations of New York employers under the New York Wage Theft Prevention Act (“WTPA”), which became effective on April 9, 2011.
In 2008, the federal law covering handicapped individuals and employees, the Americans with Disabilities Act of 1990 (ADA) was amended. The Americans with Disabilities Act Amendments Act of 2008 or ADAAA made important changes to expand the definition and protection of this law.
When investing in the Democratic Republic of Congo [DRC], you need to be concerned with the laws that regulate employment and related matters. This article gives you an idea on how to do.
In Kentucky, Can You Make a Worker’s Compensation Claim and Personal Injury Claim after a Vehicle Accident?
Discover how you can maximize your claims when you are injured in a motor vehicle accident while at work. Kentucky allows you to claim both workers' compensation benefits and personal injury damages so long as you do not duplicate them.
The Civil War started 150 years ago, and we are seeing books, movies, and re-enactments commemorating the start of that conflict. We also are seeing lawsuits, the origins of which go back to that war and beyond. During the Civil War, President Lincoln urged Congress to pass a whistle blower statute, because of rampant fraud in government contracting, which was hurting the war effort.
Los Angeles is the second most populated city in the United States and arguably, the most ethnically diverse. Since LA is a basically a melting pot of many cultures, it is inevitable that many of those who live and work in LA may find themselves in a “culture clash”.
The whole process of employment, from recruitment to hiring, is important, as hiring new individuals is necessary for the continuing operations and development of the business. The bad news, however, is that even during the earlier stages of employment, particularly during interviews, discrimination and harassment may already start.
It is the first question to ask when hiring a worker: independent contractor or employee? Many employers first try to go for the independent contractor classification because it’s substantially cheaper: no workers compensation or unemployment insurance, no social security or Medicare payments, no health insurance coverage or pension payments. The worker’s agreed upon fee is what it is — with no hidden costs to the employer, as the worker handles any applicable tax payments and benefits.
The U.S. Supreme Court’s recent ruling in Conkright v. Frommert,  highlights the importance of ensuring that an ERISA plan’s documents explicitly grant discretionary authority to the plan administrator to interpret the plan and resolve ambiguities. The ruling affirms that a court will not second guess an administrator armed with such authority even in a case where the administrator has previously made a mistake.
With the increasingly significant role that electronic communications such as email and text messages play in the work place, employers often face the question of whether they have the right to monitor these communications, or whether doing so would violate an employee’s right to privacy.
It’s inevitable for employees to have sick days or need to take time off because of a family emergency – after all, no one can stay perfectly healthy the whole year round. Unfortunately, many of these employees who take time off from work often find themselves pushed out of their jobs or get their hours dramatically cut by the time they get back from their leave.
Most workers have heard of workers comp – but don’t fully understand what benefits they’re entitled to receive if they are injured on the job. This article provides details of each workers comp benefit available to Michigan workers and what do to when a claim is denied by the employer or insurance company.
The California False Claims Act, like the Federal False Claims Act, allows governmental entities - or private whistle-blowers or “Qui Tam” plaintiffs - to bring an action to recover treble damages and civil penalties against persons contracting with State and local government agencies who have defrauded or cheated the government out of “money, property or services”...
A Bill Before the Oregon Legislature Could Give Whistleblower Protections to Non-nursing Hospital Personnel
A recent bill before Oregon’s state Senate might provide non-nursing hospital personnel workplace protection when they report patient care practices, procedures, or policies that endanger patient safety.
The federal law Americans with Disabilities Act (ADA) of 1990 listed down some of the civil rights, including protection from discriminatory acts, intended for people with disabilities. Title I of the law states that employers are obliged to provide reasonable accommodation to serve as help for disabled employees or applicants if their condition is too severe that it affects their work.
By Amaris Law
Can foreign employees enjoy similar protection under the Labor Contract Law in China? This Article will focus on the employment permit for foreign employees, which is often ignored or misunderstood by some foreigners working in China, resulting in lack of protection under the Labor Contract Law in case of any dispute between the foreign employees and their employers. We will discuss the topic via an exemplary case which took place in 2009.
The Occupational Safety and Health Administration (OSHA) created the OSH Act in 1970 in order to promote safety and reduce risks on employers and employees in the workplace.
There is no question that employers have the right to hire the person they want or whom they think would be best suited to the position. However, not all standards or business decisions especially when it comes to hiring can be considered as legal.
This article intends to explain important facets of the I-9 and how it affects employers.
By Jaburg Wilk
A recent case from the United States Supreme Court stands as a warning: know why the employee is being fired. If the company fires an employee based on a supervisor's recommendation, and the supervisor was motivated by an illegal reason, the company may be liable for illegal discrimination.
With April 1, 2011 rapidly approaching, there are several important issues employers should be aware of this H-1B filing season. Several new procedures and laws were implemented affecting the H-1B petition process in 2010. Employers should be aware and of these changes and ready before the 2012 fiscal year filing season begins.