Employment Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.




How a Foreign Employee Starts His Work in China?

A foreigner and the potential employer should get proper permit before the foreigner starts his work in China. This article also give some basic guidance for the legal issues about the employment contract.

ICE Storm Predicted - Arizona Employers Beware, I-9 Audits are on the Rise!

ICE has stated that they intend to conduct 3,000 Form I-9 audits. Unsuspecting Arizona employers will receive a Notice of Inspection, giving them “at least three days” to produce the requested I-9 documents. Since 2008, I-9 audits have increased by more than 375%. Employers should not be fooled into thinking that the I-9 auditor is harmless.

Lack of Employee Training?

Does improper employee training warrant a call to a Las Vegas workers’ compensation lawyer? In some cases employers try to say that the employee should have known better and that training has nothing to do with why she or he was injured. However in numerous cases, injury could have been prevented if the proper training was furnished.

LI Mom Fired after Donating Kidney to Her Boss: Leeds, Morelli and Brown Files Lawsuit

Debbie Stevens, a 47-year-old divorced mother of two from Long Island, New York, has been fired from her job her at Atlantic Automotive Group after donating a kidney to save her boss’ life. In a Complaint, filed with the state Human Rights Commission, Stevens claims that she was set up by her boss, Jackie Brucia, 61.

Los Angeles Disability Discrimination: Laws, Claims, and Attorneys

Claiming for disability discrimination in the State of California is no easy task despite the implementation of laws protecting employees and applicants from workplace discrimination. There are two laws that protect individuals from employment discrimination based on disability—the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).

Limitations on Credit Checks for Employment Purposes

We are often requested by companies to conduct pre-employment background investigations. These investigations typically fall within the confines of the Fair Credit Reporting Act and California’s Investigative Consumer Reporting Agencies Act.

Cybercrime Under the CFAA: It Depends on the Jurisdiction

In a decision filed on April 10, 2012, the Ninth Circuit in United States of America v. Nosal, No. 10-10038 (9th Cir. 2012), put itself squarely in conflict with the Fifth, Eleventh and Seventh Circuits.

A Spouse’s Death Benefits under New York State Workers' Compensation Law

In the tragic circumstance where an employee is killed in the course of his employment, Workers' Compensation benefits may be payable to the surviving spouse and children. The maximum amount of death benefit payable is determined by the worker’s average weekly wage at the date of death and subject to the statutory maximums in place on the date of death.

New York State Workers' Compensation and Lumbar Fusions

If your doctor has recommended a lumbar fusion, you must secure prior approval from the insurance carrier. The New York State Workers' Compensation Board Medical Treatment Guidelines provide recommendations for specific circumstances when lumbar fusion is appropriate and those when it is not.

Chiropractic Denials in New York State Workers' Compensation

Since the introduction of the Workers' Compensation Board Medical Treatment Guidelines, the frequency of chiropractic care has diminished significantly. Chiropractors are still allowed to treatment for an exacerbation and, in many cases, will be paid for that treatment. However, it is crucial that the treating chiropractor document certain items at the time of the examination.

How Can an Attorney Help My Workers’ Comp Claim?

Workers compensation can be a minefield to tread through, but having a competent workers’ comp attorney at your side often makes all the difference. Claims are frequently denied because of employer or insurance carrier error; a skilled lawyer can investigate the reasons behind a claim denial and prepare an appeal for your case.

Compensation in a Work Related Injury

When an accident in the workplace occurs, employees can be left helpless with a number of restraints placed on them. Fortunately there are options that can help them get the full care they need. There is no telling what types of injuries a worker can sustain when they are on the job. Every work area has dangers that need to be dealt with and no matter where you work there is always the potential for an accident.

Proposed Changes to the Hong Kong Mandatory Provident Fund Schemes

The Hong Kong Mandatory Provident Fund (“MPF”) Schemes has been in place since 2000 and as at December 2011, 85% of the total workforce in Hong Kong are covered under different retirement schemes. Pursuant to the MPF Schemes Ordinance, the Government has reviewed the MPF and is taking steps to amend the MPF Schemes in line with the interests of existing and potential scheme members.

Rules of Investigation with Employees under Egyptian Law

The Egyptian Labor Law No. 12/2003 regulates the rules of investigation with employees and imposing the disciplinary penalties.

California Supreme Court Hands Employers a Victory and Provides Clarity on Meal and Rest Break Litigation

  By TroyGould
Today [April 12, 2012], the California Supreme Court, in Brinker v. Hohnbaum, handed employers an enormous victory, and brought clarity to the rules for meal and rest breaks. The Court also made important rulings on class certification of these lawsuits. This alert addresses only the clarification of the meal and rest break law.

Five Things That Can Hurt Your Georgia Workers' Compensation Claim

If you have been injured on the job in Georgia, there are several things you need now to ensure you do not jeopardize your workers' compensation claim. 1) You don't report your injury in time. - If you are hurt while on the job in Georgia, you must report your injury as soon as possible.

When it Comes to Attorney’s Fees, is Texas Becoming More American?

Under the majority “American Rule,” parties are generally required to bear their own attorney’s fees in civil cases. For over 100 years, however, Texas has been in the minority that allows courts to award attorney’s fees to prevailing parties for certain claims, such as for breach of oral or written contracts.

Cyprus Employment Law

Cyprus employment law is an amalgam of common law and statute law. Standard contract law principles principally govern employment relationships, statutory rights and obligations supplement them where appropriate.

Will a Contract of Employment Cease when a Particular Project Ends?

As stipulated under art 10(C) of proclamation 377/96 an irregular work relating to permanent part of the work of an employer but performed on an irregular interval is considered to be a contract of employment for a definite period of time.

Does Acquittal from Criminal Charges Give an Ex-employee Right to Reinstatement? - Ethiopia

The mere fact that a certain employee was acquitted from a criminal charge brought against him in relation to his employment relation doesn’t give the employee the right to demand to return to work with payment of compensation.

Social Insurance for Foreign Employees in China

On September 6, 2011, the Ministry of Human Resources and Social Security issued the Interim Measures for the Participation of Foreigners Employed in China in Social Insurance (the Measures) which came into effect on October 15, 2011.

Legal Regulation of Foreigners’ Employment in Ukraine

An issue of concluding an employment contract by an employer and an employee, who is a foreigner or a person without citizenship (hereinafter referred to as “a foreigner”), is regulated by the national legislation of Ukraine, as well as international agreements of Ukraine, concluded with foreign states in the field of labour and social protection.

Attorneys: Five Tips to Sour Your Relationship With Your Court Reporter

A recent meeting of court reporting firm owners from across the country began with an ice breaker. In two minutes each table was challenged to list as many things lawyers do that frustrate us. As a representative from each table read off their lists, among growing laughter and groans, clear trends were revealed. It seems the top five ways to sour your relationship with your court reporter are:

Leading Las Vegas Worker’s Comp Attorneys You Can Afford

Being injured while on the job can be both a physically and emotionally draining process. Dealing with the physical pain as a result from an accident can be debilitating and frustrating—especially if it interferes with how you perform at work.

Alabama Work Place Accidents: The Applicability of Federal Law

Many Alabama work place accidents are resolved through the workers' compensation claim process. However, certain industrial accidents are governed by federal legislation. This article provides a general overview of the application of the Federal Employers' Liability Act (FELA) and the Jones Act to Alabama work place accidents.

Nursing Home Operator to Reimburse Government for Double Billing

In a settlement agreement with the U.S. Attorney, the operator of 18 nursing homes in Tennessee and Mississippi has agreed to reimburse the government $ 2 million related to allegations of fraudulent billing practices at its facilities. Further, according to the terms of the settlement, the nursing home will implement an internal fraud-monitoring program and will train its employees on compliance with Medicare rules.

Sexual Harassment: A Serious Matter

The extent of sexual harassment is sometimes overlooked. Many face serious issues at work that are unprofessional and unethical. Sexual Harassment is the sexual coercion or provocation of an individual that is unwelcomed by them. In the workplace this can be an all too common issue. When one employee harasses another in a sexual manner through repetitive or offensive behavior, it is not only inappropriate but can even be illegal depending on the circumstances.

What to do After a California Wrongful Death Construction Accident

The construction industry has one of the highest rates of fatal and injury workplace accidents in the United States. A construction site offers workers a unique set of hazards that was the cause of more than 800 construction fatalities in 2010, accounting for approximately one-fifth of all fatal workplace accidents of that year.

Personal Income Tax (Amendment) Law, 2011

The Personal Income Tax (Amendment) Act 2011 has among other things consolidated all the personal income tax reliefs or allowances into one consolidated tax allowance/relief of 21% of an individual's gross annual income. The residue of a person's income is then liable to a graduating personal income tax charge of between 7% to 24% per annum. The rules concerning expatriate income earned from businesses in Nigeria has also changed.

Does the Federal Government Consider Me Disabled?

Federal employee attorney Eric Pines tackles whether a federal employee will be considered disabled. In the series: Does the Federal Government Consider Me Disabled (Part I)? We laid out the definitions of disabled under the Rehabilitation Act. In this post we will focus on what those definitions mean in the real world.

Just When You Thought Covenants Were Enforceable

Recent decisions by the Texas Supreme Court have resulted in a “pro-enforcement” trend for covenants not to compete, and have eroded the holding in Light v. Centel Cellular Co. of Tex., 883 S.W.2d 642, 647 (Tex. 1994) requiring contemporaneous consideration to enforce a covenant not to compete against an at-will employee.

Basic Provisions of Hungarian Employment Law from 1 July 2012

In the course of year 2011 the Hungarian parliament adopted significant new acts and the entire legal system faced significant revisions. Among other changes (e.g.: new Criminal Code, new Data Protection Act, draft new Civil Code) the parliament adopted a new Labor Code effective from 1 July 2012, namely: Act No I of 2012 (“NLC”). Some parts of the NLC are currently reviewed by the European Commission, by ILO and by the Hungarian Constitutional Court.

What Fees Will You Pay When Working with Workers Comp Lawyers?

If you’ve been injured at work but can’t come to an immediate agreement with your employer on financial coverage, contact a team of professional workers comp lawyers. From confronting mounting medical expenses to meeting the cost of everyday living, is your employer willing to help you financially while you recover from injury? And if yes, how can you be sure the support will continue?

Victim of an Injury? Experienced Personal Injury Law Firm in Vegas Can Help

Have you or a loved one suffered personal injury due to another individual’s mistake? Having an accomplished personal injury law firm in Vegas on your side can get you the compensation you deserve. Because personal injury cases are so highly specialized and require expertise in several disciplines, hiring a team of strong Las Vegas injury lawyers makes sense.

Injured at Work? Discuss Your Claim with Experienced Worker Compensation Lawyers

Whether you’ve suffered a slip and fall or an occupational mishap at work, consulting experienced worker compensation lawyers will help you determine when to pursue a case. Although some employees may experience only minimal time in the hospital or doctor’s office, others must endure days and even weeks or months under the care of hospital staff or a physician.

ASU Board of Regents Accused of Violating Title IX

Title IX was enacted to prevent discrimination on the basis of gender in educational institutions. The law requires that a school, once it learns of a sexual assault, should effectively investigate the incident, eliminate the risk, and remedy the harm to the student whenever possible.

Can You Keep a Secret? Tips for Negotiating Non-Disclosure Agreements

Non-Disclosure Agreements (also commonly known as Confidentiality Agreements) are used in a variety of business relationships. Here are some of them: A prospective employee, independent contractor or consultant to a business will be asked to sign one as a condition to being hired.

work in Jordan

rights of the employee in Jordan

Personal Injury: Sexual Harassment at Work

Sexual harassment is defined as any form of unwelcome sexual acts or comments. Not only can it cause victims emotional stress, but it is also against the law. According to the U.S. Equal Employment Opportunity Commission, it is unlawful to harass an employee or employer regarding their sex. It is also illegal to request sexual favors or make comments of a sexual nature.

Labor Law Violations Found by Contractor in Missouri

The US Department of Labor promotes the welfare of wage earners by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits to name a few.

US Food Workers Strike against Large Food Distributor for Unfair Labor Practices

Many laws and government agencies seek to advocate for fair business practices and anti discrimination: The Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Age Discrimination in Employment Act (ADEA), the Equal Employment Opportunity Commission (EEOC) and Title VII of the Civil Rights Act.

Accountant Employed by HSBC Bank Sues for Wage and Hour Violations

In times of economic uncertainty such as this, it is important to find and keep a job that will treat you fairly. Fair Labor Standards Act (FLSA) establishes standards for minimum wages, overtime pay, record-keeping, and child labor. An accountant who was working with HSBC initiated a class and collective lawsuit action for wage and hour violations.

Is it Legal to Discriminate Against Employees Based on their Weight?

In California, it is unlawful for employers to discriminate against employees as well as applicants based on their age, disability, sex, gender, religion, race, national origin, and marital status. California Fair Employment and Housing Act (FEHA) prohibits employment discrimination based on the said the classes. However, there is no federal or state law in California that prohibits employers from discriminating against people due to their weight.

What to Look for When Hiring a Private Investigator

Ever wonder what you should look for, when you need to hire a private investigator? If you have ever done an internet search for a private investigator, you have no doubt seen hundreds of PI's and investigation agencies appear on your screen. How do you know who to use? Well, start by calling around a bit.

Compulsory Remunerations for Patent Inventors in China

Reward for patent inventors is a compulsory obligation for all companies in China. Further, the standard of the reward and remuneration has been increased since 2010. However, it is still subject to the agreement between the company and inventors or the bylaws of the company.

The Intersection of the Dodd-Frank Act and the Foreign Corrupt Practices Act

What All Practitioners, Whistleblowers, Defendants, and Corporations Need to Know

Two Laws Prohibiting Religious Discrimination in the Workplace

Religious discrimination in employment remains a significant issue in the labor sector at the different parts of United States. Despite the implementation of various federal and state laws, discrimination against applicants and employees due to their religious affiliation still widely occurs. According to US Equal Employment Opportunity Commission’s (EEOC) Charge Statistics*, in 2010 alone, 3,790 religious discrimination complaints were received by the agency.

Employment Law for the Small Business Owner

Strategic tips every small business owner must consider to minimize their exposure to employment law suits. Small business owners want to focus on operation, not legal disputes. Most successful businesses function with the support of employees and staff. All business owners know that staff that are content at work are more productive for the business overall. However, most businesses do not have a Human Resources Department to handle employee related issues.

The Employment Rights of Disabled Workers in the State of California

Disability discrimination in the workplace is illegal in the California. In the State, there are two laws prohibiting covered employers from discriminating against employees as well as applicants based on their physical or mental disability.

EU Labor Law in Offshore Gas Drilling Operations

EU labor law in offshore gas-drilling operations has been recently challenged in the case of Salemink v. Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen, in the judgment of the Court’s Grand Chamber in January, 17, 2012.

I am a Federal Employee with a Medical Condition. Am I Disabled?

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.

Know your Labor Rights

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.

Can an Employer be Held Liable for Death Resulting from Employee’s Drunk Driving?

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.

Overview of Workplace Accidents Involving Teen Workers

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).

Are There Limits to Religious Freedom Concerning Discrimination Based on Sexual Orientation?

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.

New Law Amends Collective Negotiations in Greece

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

New Laws (Almost) Get Rid of Obligatory Arbitration in Greece

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.

Seven Steps to Set Your Pest Control Company Apart from Your Competitors

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.

New Calculation of the Benefit in Kind from the Private Use of a Company Car

  By Lorenz
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.

Are Los Angeles Bus Riders Victims of Discrimination?

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.

Arizona's Minimum Wage Increased in 2012

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.

Operating a California Corporation

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.

Federal Lawsuit Highlights Problems with Medicare Payment

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.

Legality of E-Verify System in California’s Employment Sector

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.

Could Mandatory Meal Breaks Prove Detrimental to California’s Economy?

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 and the False Claims Act

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

Defense Contractor Fraud

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

Can a Work Injury Lawyer Help Save My Job?

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.

A Few Keynotes on Mexican Labor Law

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.

California Law Resolving Discrimination against Homosexual Workers

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.

Three New Laws Benefiting California Office Workers

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.

Don’t Fire that Employee for a Facebook Posting Just Yet

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.”

Worker’s Compensation and Third Party Suits in a Bakersfield Construction Accident

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.

Work Permit Exemption Cases Under Egyptian Law

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.

Woman Escapes Sex Traffickers in Brooklyn

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. to Pay Over $2M to Settle EEOC Suit for Sex, Race

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).

What Employers and Employees Need to Do to Keep Workplace Hazard-free

Under Occupational Safety and Health Act (OSH Act), California employers are required to maintain their work environments safe and free from any workplace hazard.

Reviewing Your Workers' Compensation E-Case Folder

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.

Carpal Tunnel Syndrome Medical Treatment Guidelines

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.

Gathering Evidence in Qui Tam Actions

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.

District of Columbia Procurement Reform Amendment Act

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.

New York City False Claims Act

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.”

Common Grounds for Religious Discrimination in the Workplace

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 Law: Understanding the Interaction between the FMLA and the FLA

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.

Data Processing in Hungary: New Act and New Authority

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.

Who is Liable When a Bullying Victim Commits Suicide?

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.

Why Was the Wal-Mart Discrimination Lawsuit Denied Class Action Status?

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.

What Constitutes Retaliation in the Workplace?

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.

Three Signs that Your Employer is Discriminating against You Because of Your Age

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.

Restricted Securities 101

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.

Private Placements 101

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 101

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

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.

New Listing Standards for Reverse Merger Issuers

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

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

SEC Rules Affecting Shell Companies

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

Form S-8 Registration Requirements

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

Executing and Terminating Employment Contracts in Turkey

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.

Overtime and Its Calculation

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.


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