Employment Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Employment.
One of the most important issues in workers’ compensation law involves whether an individual worker is an employee (who may be entitled to workers’ compensation benefits) or an independent contractor (who is not entitled to workers’ compensation benefits.)
The goal of the Occupational Safety and Health Administration (OSHA) is to create safer workplaces, prevent workplace injuries and save the lives of American workers. As of January 1, 2015 OSHA has implemented a new federal policy regarding the reporting of workplace injuries.
Individuals suffering from chronic illnesses including diabetes, heart disease, rheumatoid arthritis and fibromyalgia often take prescriptions or undergo medical treatment to help them cope with the symptoms of their conditions.
A crowd of workers cheered last week at City Hall in Philadelphia when Mayor Nutter signed a bill mandating paid sick leave into law, and the City Council approved the legislation.
Certain types of repetitive work activities can either cause, or aggravate symptoms in areas of the body, including the knees, arms, shoulders, back and neck. The types of activities and jobs are virtually unlimited, and can be the subject of considerable litigation.
If your employer has misclassified you as an exempt employee, you may be missing out on compensation that you’re legally entitled to.
Some job applicants decide to lie on their application, in their resume or in answers to interview questions in hopes that these lies or exaggerations will help them land the job. However, employing one of these tactics can cause an individual his or her job.
Companies must take great care that senior company personnel avoid undertaking acts that mean they could be treated as directors for the purposes of the law. This may result in adverse implications for both the company and the individual concerned. The expert company lawyers at Bahamas firm ParrisWhittaker are highly experienced in providing full service legal advice to companies including in relation to directors and their duties and liabilities.
On January 20, 2015, the Law of Ukraine № 113-VIII of January 15, 2015 came into force which approved the Decree of the President of Ukraine "On the partial mobilization".
Working in a restaurant or commercial kitchen can be dangerous, regardless of the employee’s position. Head chefs and dishwashers alike face a variety of potential hazards that could lead to serious, life-altering or even fatal injuries. Besides the more obvious and immediate dangers of hot stoves and slippery floors, many kitchen hazards are not clearly visible, causing injuries that develop over time.
A Minnesota woman with fibromyalgia and osteoarthritis recently received $30,000 in an Equal Employment Opportunity Commission (EEOC) lawsuit that proved her employer violated the terms of the Americans with Disabilities Act (ADA) by firing her because of her medical condition.
Due to a number of legal theories, employers may be found liable for their employees’ actions that resulted in harm to coworkers, customers or other individuals. There may be variations or prohibitions against certain causes of action based on state law.
Due to current political changes, various processes of documentation preparation for foreigners in Ukraine seem to be easier than even a year ago. Due to this fact, one of such spread branches like creation and processing the employment agreements and contracts can generate much less issues, questions and complications in comparison to many other cases
As the economy continues to grow, more and more U.S. businesses are experiencing a manufacturing resurgence. As a result of the growth in this industry, the number of fatal workplace slip and fall accidents has increased the most dramatically.
Do you suffer from fibromyalgia but have attempted to “push through” your chronic pain in order to continue working? If so, you have likely experienced a delayed flare-up of your fibromyalgia symptoms within a few days or even hours. Delayed flare-ups can be especially problematic when an individual is seeking coverage under their long term disability policy due to their fibromyalgia symptoms.
A federal appellate court has overturned a district court’s decision to dismiss a whistleblower case filed by a man who says he was fired after he brought attention to safety and health risks concerning the nuclear site where he was employed. The court also ruled that the plaintiff is entitled to a jury trial.
One of the main features to the Family Medical Leave Act (”FMLA”) is the return to work provision that requires that an employer return an employee, who has been approved for FMLA, to their original or equivalent position at the end of their leave.
In Turkey, the employment contract may be terminated in several ways;
On December 4th the Official Gazette published Law 1/2014 amending the Capital Companies Act to implement corporate governance modifications. This reform is based on the Report of the Committee of Experts submitted to the Council of Ministers on the 23rd of May 2014.
A tax lawyer who worked at the Vanguard Group in Malvern, New York, was terminated from his position after consistently warning his employer that they were considerably underpaying on its taxes. The unlawful practices resulted in Vanguard cheating the US Government out of more than a billion dollars throughout the last several years. Some of the money saved from the illegal tax practices was used to enhance bosses’ salaries.
What employers must know with regards to keeping documentation in H1-B and Labor Certification matters.
Why does the workers' compensation insurance company get money back from my negligence lawsuit?
Back injuries including herniated discs, strained muscles, pulled or torn ligaments and disc degeneration are the most common work injuries among healthcare workers. Nurses, nursing aids, orderlies, attendants, laundry workers, kitchen workers and environmental services in the healthcare field can suffer from back injuries caused by everyday tasks or workplace accidents.
Savings of up to €48 million thanks to new rules for cross-border judgments.
In a major victory for injured municipal employees in Philadelphia, a Pennsylvania appellate court recently blocked the city’s attempt to obtain a portion of an injured worker’s personal injury lawsuit recovery. This decision allowed the injured worker, a Philadelphia police officer, to keep the full amount of the injury benefits he received under the Heart and Lung Act and the full recovery from his lawsuit award.
As a result of changes to sexual abuse laws in California and a more liberal statute of limitations, attorneys in California now have a greater chance to pursue perpetrators of sexual abuse and obtain justice for their victims. Thanks in part to greater public awareness of the problem, recent reports in the news, and more women willing to come forward after being abused, a greater number of abuse and molestation victims can at last obtain some measure of justice for the trauma they’ve endured.
Provisions on company regulation is stipulated under Article 108 until Article 115 Law Number 13 of 2003 on Employment (“Law No.13/ 2003”) and Ministry of Manpower and Transmigration Regulation Number PER.16/MEN/XI/2011 on Procedures for the Establishment and Legalization of Company Regulation and Procedure for the Establishment and Registration of Collective Labor Agreement (“MOMTR 16/2011”).
The Pennsylvania Workers’ Compensation Act provides for different standards and evidence required to prove psychological injuries, as compared to physical injuries. The most common type of work injury claim involves a physical to part of the body, caused by a physical event – such as by falling or lifting something.
A whistle blower complaint filed by an Office Depot employee has resulted in a large settlement for the state of California.
If you are facing a felony conviction, the lasting effects on your career can endure for much longer than any time that you receive. Being convicted of a felony can have some of the following severe ramifications on your career.
In the latter part of 2012, the Ohio legislature passed Senate Bill 337, providing tort liability protection for businesses choosing to hire rehabilitated ex-criminals. According to Senate Bill 337 (now codified as Ohio Revised Code Section 2953.25), if an Ohio business hires a job applicant who possesses a Certification of Qualification for Employment (CQE), then the business is entitled to immunity from negligent hiring claims.
Defining and discussing three of the most important and commonly misunderstood terms in California employment law - wrongful termination, discrimination, and harassment/hostile work environment.
Earlier this year, HB5701, the Job Opportunities for Qualified Applicants Act, was passed and signed into law in Illinois. This law is more colloquially known as the Ban the Box law and presents Illinois job applicants with greater opportunities to secure employment. Similar laws are becoming popular throughout the United States. Currently, 12 states have statewide Ban the Box laws and 19 states contain at least one city or county with this type of law.
My clients are often surprised to learn that even after devoting many years of loyalty to a company, that he or she is subject to termination, even after suffering a work related injury.
Included in the Draft Tax Reform of Income Tax Law for Non-residents is a significant modifying rule that could be described as a "second chance" to allow those non-residents who have not declared foreign pensions received to rectify the situation.
By LPA Law Firm
Legislative framework and general principles in Albania.
Senior citizens have been given certain unnecessary drug testing in a Medicare fraud scheme.
Employees are eligible for Gratuity at the end of completing a full years of service. This gratuity is calculated as 21 days of salary. Salary in this case excludes any allowances for housing or car etc and considers the basic salary of the employee.
While other countries may require the losing side to pay both sets of attorneys’ fees, in the United States, this is not usually the rule. Requiring the losing side to pay all attorneys’ fees and costs may serve as a deterrent for individuals to access the court system for justice and works against public policy.
When discussing unlawful conduct or illegal activities in relation to employment, most people will think of improper or wrongful conduct of employer eg. discrimination or harassment.
As part of exploration operations of multinational companies, wet lease agreements are gaining more importance especially in oil and gas industry and foreign carriers who takes part in such operations are still not clear about either their employees require work permit or not, in cases where they entered into a subcontractor and wet lease agreement with Turkish air carriers for air transport works to be conducted under exploration operations.
Individuals who have been convicted of a felony often experience difficulty in securing employment because many employers choose not to hire them. Just as employers may have policies in place that may result in termination upon the conviction of a felony, they may also have policies that weigh against hiring convicted felons. However, a series of laws may prevent an employer from having a blanket policy against discriminating against employees who have been convicted of a felony.
A large part of our judgment collection law practice is collection of labor awards, or more specifically enforcement labor judgments. Essentially, these result when an employer fails to properly pay an employee for wages, overtime pay, or otherwise violates California labor laws.
The Securities & Exchange Commission's whistleblower program is proving itself to be a force to be reckoned with.
The New York State Workers' Compensation Law provides for indemnity and medical benefits if a claim is found to be work related. One of the more controversial aspects of a work related claim occurs when an injured worker alleges stress, anxiety or depression as a result of employment.
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.
An oft-repeated business mantra is “be slow to hire and quick to fire”. Unfortunately, what many managers do not realise is that a “quick to fire” approach also carries significant risks, especially in Malaysia, which does not adopt the principle of “at-will” employment. Trigger happy employers may soon find themselves at the wrong end of a lawsuit if they don’t take the appropriate steps and precautions prior to making the decision to terminate an employee.
Since last 10 years the financial developments and the promising financial and technological progresses notably in energy, tourism and infrastructure sectors have attracted the foreign investors' interest.
When the business faces a cash flow problem, many business owners use the payroll taxes collected but not yet turned over to the IRS.
Recently, a whistleblower failure-of-care claim was settled against a nursing home chain for $38 million. Even nursing home abuse can be stopped with whistleblowing.
Whistleblowers don't normally report fraud for financial gain - they report it because they've been wrongfully retaliated against.
The State of California enacted a workers' compensation system to provide benefits on a no-fault basis for those who sustain injury arising our of and in the course of employment. However, there are circumstances where workers' compensation is not available.
The Securities Exchange Commission has investigated over 686 whistleblower cases in this year alone - the highest amount since 2011.
When whistleblowers report fraud within hospitals and pharmaceutical companies, they may also unknowingly stop risky medical practices.
The California Legislature enacted specific provisions of the Labor Code to create a higher threshold of compensability for psychiatric injury under workers' compensation law.
Literal meaning of severance or gratuity is a favor or gift, usually in the form of money, given in return for service. In other words a sum of money offered to certain service sector workers for a service they performed or anticipated.
It may seem to run contrary to common sense, but it is possible to collect both workers' compensation and unemployment benefits. However, an injured worker should be aware of the limitations of each program.
A record amount of $30 million was awarded to an overseas whistleblower for providing key information to detect an ongoing fraud.
Seven whistleblower suits against Community Health Systems and associated entities was settled in August for $98 million.
The California Family Rights Act was created to protect employees going on leave as a result of the following circumstances: childbirth; placement of a child in the employee's family for adoption; for the serious health condition of the employee's child, parent or spouse; and for the employee's serious health condition.
Attorney General Holder proposes an increased cap for awards to Wall Street whistleblowers.
Iowa limits the benefits you can receive if injured on the job to specific categories of benefits.
Amendments to the IRS whistleblower program as of August 12, 2014.
Most of the foreigners trying to work in the United States. H1B visa is a non immigrant visa, but five immigrant visas allow foreigners to work in the United States and also get many immigration benefits through these EB visas. 1,40,000 visas allocated for every fiscal year. Highly skilled professionals, research professionals, professors and who has extraordinary abilities they can get higher priority
Sharing inside knowledge, trader sounds the alarm on behavior that could put ‘everyday investors’ at an unfair disadvantage
On July 1, 2014, several new labor laws took effect that make significant changes in important categories such as minimum wage, paid family leave and background checks in the state of California that you need to know about.
Whistleblowers now have up to five years to report fraud, abuse or waste.
The determination of whether an injured worker is an independent contractor or an employee involves a variety of tests and factors. The ultimate decision is critical, as it can determine whether benefits under the New York State Workers' Compensation Law are payable by the employer.
In Hong Kong, under the common law doctrine of privity of contract, a person cannot acquire and enforce rights in a contract to which he is not a party nor can he be made liable under that contract. Therefore, only those who signed a contract are entitled to sue or be sued on it.
You are legally entitled to receive the wages promised to you. Additionally, you may be entitled to additional benefits and penalties if your employer refuses to pay you in violation of local or state law. If you have not received your pay, the following courses of action may be available to you to help recover your wages.
The statute of limitations provides a time limit in which a plaintiff can bring a lawsuit without it being time barred by the court. With few exceptions, if this time limit passes, the plaintiff will be forever barred from bringing the suit. Like other types of claims, there is usually an applicable statute of limitations.
If you are a victim of wrongful termination, you may have a case against your former employer. A successful lawsuit may mean that you have the right to recover back pay, statutory damages and expenses that you incurred to find another job.
Whistleblower Janet Keyzer awarded $730,000 after being wrongfully terminated for reporting unethical research methods used at UC Davis.
Can an employer retaliate when a worker files an OSHA complaint or files for workers’ compensation benefits?
The compensation structure is the most interesting thing in a group medical practice (at least for me). In this article I offer a few compensation structures for your consideration. Read on, friend, if eat-what-you-kill sounds like your cup of tea.
Whistleblowers brought two False Claims Act lawsuits for Medicare fraud against UnitedHealth Group, Inc. the first in 2011 and the second in 2014. The U.S. Department of Justice joins these whistleblower lawsuits against UnitedHealth Group, Inc. for Medicare fraud.
Age discrimination is an employment issue that is commonplace in Los Angeles, California. It involves subjecting an employee who is 40 years of age or older to discriminatory actions in any aspect of his or her employment, from hiring to termination. But like any other form of discrimination in the workplace, it is considered illegal under prevailing federal and state laws.
An amendment to our laws, now makes it illegal for employers to discriminate against transgender individuals, on grounds of sex. Prior to August 2014, the law only made reference to sexual orientation, without specific reference to those who underwent gender reassignment.
An employee injured in New York State will likely have to decide whether to retain a workers' compensation lawyer to assist in the claim. For a myriad of reasons, more often than not it makes sense to secure the services of an experienced attorney.
Each year thousands of U.S. workers die and millions more are injured in workplace accidents. In fact, according to the Bureau of Labor Statistics, there were 4,383 fatal work accidents and 3.7 million nonfatal work injuries in 2012.
By Koan Lorenz
This article discusses the question which is frequently posed wether a forein company can employ workers in Belgium.
Abuse of sick leave entitlements is not a new issue in Malaysia. Employers and employees alike should ensure they are fully educated on the laws surrounding sick leave entitlements.
The Malaysian Personal Data Protection Act 2010 (“the Act”) came into force on 15 November 2013. With it, businesses in Malaysia are now faced with additional responsibilities and requirements when it comes to dealing with personal data of their employees, suppliers, and customers. This article summarizes the key issues to note under the Act.
A guide for both employees and employers in Philippine Labor setting concerning payment of separation pay.
It is common knowledge that lawsuits brought by current or former employees are generally bad for an employer’s business. Employee lawsuits not only disrupt the daily operations within the company or organization, but they also are extremely costly to defend.
Retaliation takes place when an adverse action is taken against an employee for filing a complaint of discrimination or assisting another employee in his or her complaint of workplace discrimination.
Labour law is a wide field that features many pitfalls. Of particular importance is, for example, the conclusion of the employment contract as well as termination giving due notice.
Fourth Circuit Broadens Definition of Disability Under the ADAAA to Include Temporary Impairments - Article on a recent decision by the Fourth Circuit Court of Appeals on a disability discrimination case and the interpretation of what types of temporary impairments constitute a "disability" under the Americans with Disabilities Act ("ADA").
The Family and Medical Leave Act of 1993 (“FMLA”) provides up to 12 weeks of unpaid leave to an eligible employee for his or her own serious health condition or the serious health condition or military service of a family member.[i]
The New York State Workers' Compensation Law is, in essence, a form of social insurance. The intent of the compensation statute is clear: protect and compensate employees injured at work.
Executive employees and management personnel occupy central positions in firms and are therefore subject to different legal conditions. This has implications for the employment contract and termination.
By Bighorn Law
Many employees have to sign "non-compete" agreements, often as a clause in initial hiring paperwork. Such clauses can throw a wrench in the hunt for new employment, and can cause you to be terminated from your new job. Here's what you need to know.
In California, the general rule is that employment is “at will” and therefore employers may terminate employees at any time and even for no reason. However, many employers fail to realize that an employee cannot be terminated for illegal reasons pursuant to applicable federal and state employment laws. In particular, California employers are prohibited from discharging employees because of their inclusion in a protected class.
According to a Parliamentary answer by the Maltese Employment Minister Evarist Bartolo, a total of 10,035 EU nationals were working in Malta as at end of December 2013.
The issue of whether a worker is an independent contractor or an employee is currently on the minds of many business owners. In fact, the California legislature has recently established a strong disincentive for wrongly classifying individual workers as independent contractors.
Sex discrimination is one of the most prevalent issues in the realm of employment. It involves preferential treatment favoring the male or female sex. The most common example of such discrimination is an employer’s preference of male employees over their female counterparts in various aspects of employment.
There are a variety of injuries and illnesses suffered by workers in New York State. In addition, although it is fairly common to see neck and back injuries in strenuous occupations, even the most sedentary jobs can result in the development of serious orthopedic problems. It is clear, however, that certain jobs present with an increased risk of injury.
The state of California is one of the most liberal states in the country with respect to protecting employee rights in the workplace. In this regard, the failure to comply with state laws puts employers at risk of being sued in civil court and/or being the subject of investigations based upon employee administrative complaints submitted to state and/or local government agencies.
Pursuant to the Fair Employment and Housing Act (FEHA), California employees with disabilities are protected from workplace discrimination, harassment, and retaliation. However, while the FEHA protects disabled employees all over the state of California, not all employees are aware of its coverage.
Although percentage-based pay may create desirable incentives from an employer’s standpoint (and eliminate the need to pay employees for down time), this strategy can result in significant potential liability, including possible exposure to class action lawsuits. This may even be turning into a nationwide trend (with salon workers pursuing similar wage and hour claims in New Jersey and New York).