Employment Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Employment.
Personal injury and workers' compensation lawyers have been discussing several important topics in the last few weeks, including the safety of surgical robots, the inadequacy of temp worker laws, employer abuse of the workers' compensation system, and the idea that doctors seek locations with lax regulations on professional liablility. This article is a brief summary of four separate articles detailing those topics.
A $6.5 million dollar settlement has been reached in a federal whistleblower lawsuit. There were allegations that a military contractor had submitted inflated bills to the government.
Not everybody is entitled to survivor benefit. Individuals who might be thought about dependents for the purposes of workers' compensation death benefits are specified in Labor Code. It enumerates two classifications of people who might certify as dependents: (1) those who are good-faith members of the departed staff member's family or family, and (2) those with specified marital, blood or embraced relationships with the decedent.
A federal jury recently convicted three people on charges related to Medicare fraud. The fraud took place during the time frame of 2006 - 2011. The defendants in the case operated a durable medical goods company out of the Los Angeles area.
Significant Issues in Employment Law in Israel
Shanghai Human Resources and Social Security Bureau issued the New Standard of Social Security Payment in Shanghai (the “New Standard”) on April 3rd, 2013. The New Standard has come into effect on April 1st, 2013 and will expire on March 31st, 2014.
The People’s Supreme Court Issued Interpretation IV on Applicable Laws in Labor Dispute Cases - China
The People’s Supreme Court (“Supreme Court”) released the Interpretation IV on Certain Issues regarding Applicable Laws in Labor Dispute Cases (hereinafter the “Interpretation”) on December 31, 2012, which came into effect on February 1, 2013.
On December 28th,2012, Standing Committee of the National People's Congress (NPC) approved a Decision on the Revision to the Labor Contract Law of the People's Republic of China (hereinafter referred to as the “Decision”) which shall come into force on July 1st, 2013. The Decision focused on the provisions related to labor dispatch and was designed to strengthen the administration of labor dispatch agencies and protect the rights and interests of the dispatched employees.
Construction workers are exposed to a number of occupational hazards, such as scaffolding injuries, noise hazards, and equipment injuries. But a new report shows that construction workers who are exposed to crystalline silica dust are also at risk of developing occupational diseases over the long term.
Millions of people in and around Chicago commute to work each day. Most commuters use public transportation or drive in their own car to get to their jobs, but some Chicago area workers also bike to work or carpool. When commuters are injured on their way to work, complex issues can arise regarding liability.
Commuting and traveling is often a necessary part of a person’s job. While work-related travel and lengthy commutes are commonplace in today’s labor force, when a worker is injured while commuting or traveling for work, several issues can arise regarding workers’ compensation.
The Dangers of Working the Night Shift: How to Recover the Workers’ Compensation Benefits You Deserve
Night shift work – though a necessity for many American workers – comes with a unique set of health risks and hazards. For instance, according to an article on WebMD, night shift work is related to a number of serious health conditions, including cardiovascular disease, diabetes, and obesity.
“Whistleblowing”, i.e. the reporting of misconduct occurring in an organisation, has a considerable history in the United States and the United Kingdom. The legislation of these countries has already elaborated the process, how employees can report anomalies discovered at their workplace to their employer.
The death of an injured worker does not influence the liability of the employer for payment of benefits. If an employee dies as a result of an industrial injury, a company’s liability for momentary or irreversible disability terminates, but the employer remains liable for various other benefits.
In a perfect world, all workman’s compensation claims would be honored without scrutiny. Employees would be honest about the cause and extent of their injuries, and employers would willingly pay for all of the medical care necessary for their injured worker to recover. Despite its being a no-fault insurance, many claims are denied by employers and/or their insurance carriers.
Determining who qualifies as a dependent for workers' compensation death benefits can be a complicated issue.
The Utah Workers Compensation system makes claim filing easy for injured workers, who can leave the paperwork to other parties after notifying their employers of an injury.
Every day restaurant customers and employees are injured in restaurant accidents. Injuries happen in restaurants for a number of reasons, including hazards such as food or drink spills, poor lighting, lack of or broken railings on stairways, failure to maintain the premises, burns by hot food or drink, food poisoning, sharp kitchen tools and utensils.
The United States Department of Justice has provided the public with some information regarding recent whistleblower cases. In one of the cases there have been allegations made against Health Management Associates.
A California based nursing home operator has agreed to pay $48 million dollars in a settlement related to two whistleblower lawsuits.
Various ways of financing the bringing of an Employment Tribunal claim in the UK and Wales.
The effect of existing employment non competition covenants when setting up your own business in competition with a former employer.
If it is discovered in the course of an employment relationship that an employee is unjustly using a doctoral title, this alone does not justify dismissal.
Due compensation in case of termination of a definite-term and indefinite-term employment contract in accordance with the provisions of law 12 of 2003 and its amendments.
Under certain circumstances, standard provisions regarding agreed-upon notice periods for sales representatives may be inappropriate.
Although according to European Union reports, all Member States must deal with the regulation of bullying with top priority, the Romanian legislature has not included in the new Criminal Code provisions criminalizing bullying. The need of integration was stated in the Romanian doctrine to adjust legislation and regulation of moral harassment at work by making it consistent through all national laws and regulations.
The Securities and Exchange Commission has saved money to spend on it's whistleblower rewards program. It is likely that there will be larger rewards in the future as tips have increased recently.
The Claim That Additional Pay Is Voluntary May Be Ineffective if There Is a Contractual Arrangement - Germany
If an employee is granted a Christmas bonus and the employer does so with the reservation that it is a voluntary benefit, this reservation may not hold under certain circumstances.
Sutter Health decided to settle a whistleblower case before trial. The case involved allegations of double billing for anesthesia services at hospitals in California.
In United States v. Nosal, the Ninth Circuit Court of Appeals was asked to determine the boundaries of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. It ultimately concluded that violations of an employer's computer use policy did not amount to "exceeding authorized access" under the CFAA.
The new Egyptian Labor Law promulgated by law n°12 of 2003 favors employees. Some of its features are set forth in this article.
According to the California Franchise Tax Board, the state is owed more than 6.5 billion dollars in tax revenue. Some contend that implementation of a whistleblower rewards program could help to bring in some of that lost revenue.
A whistleblower recently spoke at a conference in Las Vegas to discuss her experiences. She was the compliance officer at a bank where gambling funds were processed. She cooperated with federal regulators and exposed the illegal operations at the bank.
An occupational disease is one that has been contracted as a direct result of a persons employment.
If your claim for Long Term Disability ("LTD") benefits has been denied or terminated, this article may answer some of your questions and concerns.
The Turkish Labor Law No. 4857 ('the Law') sets forth the procedures and the circumstances for termination of employment contracts of employees by employers. With the confines of the Law, two separate termination mechanisms, namely rightful (just) termination and termination based on justifiable cause are available.
In an ERISA disability lawsuit against Boston Mutual, Federal Judge upholds decision to deny Southside Machine Works employee’s long term disability benefits.
The usual avenue for employees seeking compensation is through a worker's comp claim. An exception to this is an intentional tort claim. This case examines a man suing a city for an assault he suffered while working for the city.
The Missouri workers’ compensation commission has made an unexpected decision by allowing a man to receive workers’ comp benefits. The man and his supervisor had gotten into a physical fight. The case was heard by the Commission in order to determine whether or not what happened constituted a workplace accident.
Legal provisions cannot be circumvented by acceleration clauses in employment contracts.
Under certain circumstances, standard provisions regarding agreed-upon notice periods for sales representatives may be inappropriate.
Having to go to court to prove a workers’ compensation claim is not ideal. Resolving the case through settlement or mediation is often preferred because of the expense and stress of going to court. However, in order to receive the compensation you are entitled to, sometimes taking your case to court is necessary.
California has moved one step closer to making its controversial workers’ compensation bill a reality. Earlier this month, the California Senate voted to pass the bill, which restricts most professional athletes playing for out-of-state teams from filing workers’ compensation claims in California. The bill is now awaiting the signature of Gov. Jerry Brown.
An employment relationship can be established regardless of whether a service contract was signed, even after contract work under instructions.
If an official working on call is entitled to compensatory time off, this also applies to his/her appointed substitute.
The driving expenses of flight crews between their home and their assigned airport can be deducted in full.
Employment Relationship with Transferred Employee Despite Transfer Agreement – Employment Law - Germany
An employment relationship with the host business can be assumed under certain circumstances despite any transfer agreement.
Establishment of an Employment Relationship after Longstanding Deployment of External Employees - Germany
Irrespective of any contract to produce a work, an employment relationship can emerge even in the case of external employees deployed and bound by instructions if integrated into the business.
Maternity leave (also referred as parental leave, paternity or adoption leave) is a form of an employee benefit that provides paid or unpaid time-off from work for the purposes childbirth or child welfare. Maternity leave is guaranteed mostly by the constitutions or by statutory regulations in all EU states including Poland, as well as in Turkey. This brief information note aims to summarize the systems in Turkey and in Poland.
Contractual Forfeiture Clause Does Not Lead to the Exclusion of Liability for Deliberate Acts - Germany
A contractual forfeiture clause included in an employment contract may not necessarily apply in the case of already legally regulated cases.
In determining the valid grounds of immediate termination of a Managing Director, the knowledge available to the parties in regards to the reasons for making the termination effective are decisive.
The employer of an employee returning after parental leave must provide for a part-time employment option.
The works council of company hiring temporary workers can reject the borrowing of a temporary worker on more than a temporary basis.
Employers may not set iniquitous parameters when choosing employees for the purposes of a secondment. Thus, the restriction solely to formerly temporary employees is impermissible.
Circumstances may lead to the termination of a compliance manager when it comes to monitoring measures taken with regard to an employee.
The Federal Supreme Court has issued a decision in regards to the termination of a commercial sales agent which has been determined to represent unreasonable discrimination only due to the provision of a termination notice period of 12 months.
You do not have to be "totally disabled" or an invalid! For many claimants, you only have to be disabled from your former type of work. The Social Security Administration will take into consideration your age, education and past work experience in deciding if you are disabled under their rules. Every case is unique.
An employer’s extension of a recently-retained employee is not an action employers summarily or frequently take. Oftentimes the employer is afraid to modify its probationary period policy for fear of repercussions if it/he/she does so. Other times, the employer simply does not have sufficient information to form a viable decision.
On July 5, 2013, the Cabinet of Ministers’ Resolution No. 437 regarding “Issuance, Prolongation of the Validity Term and Annulment of Permissions for the Use of Labor of Foreigners and Stateless Persons”, dated May 27, 2013 (the “Resolution”), came into force. The Resolution establishes the new list of documents required for obtaining work permits for foreign individuals hired for labor in Ukraine.
Once again, the Ukrainian government has introduced amendments to the Ukrainian immigration rules. This time, the amendments are designed to decrease the volume of documents required for foreign work permits and temporary residency permits.
A reference in the dismissal to the relevant statutory deadline provisions is sufficient, if it is possible to identify the date on which the employment relationship is supposed to come to an end.
Any applicant hired by a company within the 10% of the Panamanian payroll or 15% (Technicians) will be entitled to opt for a permanent residency status as long as the process is completed.
In the view of the Federal Court of Justice, the level of knowledge of the board deciding on the dismissal is decisive in determining the reasons for a dismissal of a GmbH director without notice.
A rejected job applicant should not have a right to information vis-à-vis the employer regarding whether the employer has hired another applicant or on the basis of which criteria people were hired.
Compensation Payments for Vacation or Holiday Leave Time Entitlements According to Labor Law - Germany
If an employee waives compensation for leave in the context of a settlement with the employer, EU law cannot stand in opposition to such a waiver.
Industrial Tribunal Decision – Maria C. Debono vs Foster Clark Products – Injury Leave - Unfair Dismissal
On the 4th June 2013 the Industrial Tribunal, following a claim for unfair dismissal filed by Mrs Maria Concetta Debono, awarded a decision in her favor and ordered her re-instatement with Foster Clark Products Limited and the payment of wages for the duration of her unemployment.
The prevalence of narcotic prescriptions in the workers’ compensation system is receiving a lot of attention currently because insurers are becoming uncomfortable with assuming the cost of these prescriptions when it comes to long term use.
An overview of key developments affecting doing business in Angola and an introduction to its legal system for foreign investment, currency regulations and incentives, business vehicles and relevant restrictions and liabilities. It provides short overviews on the laws regulating employment relationships including redundancies and on competition law, data protection, product liability/safety, taxation/tax residency and IP rights over patents, trade marks, registered and unregistered designs.
A New Jersey Bus Driver was awarded workers’ compensation by a judge after her claim for benefits after experiencing an accident where she tripped and fell, breaking her foot, was initially denied.
California’s minimum wage was set at $8.00 per hour in 2008 and has since not been changed for the last six years. However, Assembly Bill 10 could change all of that.
This Q&A gives an overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; IP; restraint of trade agreements and proposals for reform.
This guide offers a high level overview of the key issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings.
Tyson Foods Inc. has been penalized in the amount of $4 million after harmful chemicals were accidentally released in different facilities in four states. Due to the chemical exposure several employees were injured and one died. Additionally, risk management practices will need to be reevaluated.
In several cases the Federal Labor Court (BAG) should have decided that temporary workers could be entitled to a higher salary for their work.
Pregnant employees rights are protected with special care. There are six different leaves for them during pregnance.
The German Federal Labor Court (BAG) has decided that temporary workers could potentially receive more pay.
A recent study found that the federal government pays a significant amount of money, for Medicare fraud, to for-profit nursing homes.
Several banking giants, such as HSBC and Standard Chartered, are currently being investigated by US regulators for alleged failings in anti-money laundering (AML) compliance. All fingers point to lapses involving outsourcing units operating without adequate oversight.
Blowing the whistle on fraud that is committed at the expense of U.S. taxpayers is, generally, governed by the federal False Claims Act. The Act allows a private citizen to step into the shoes of and pursue a claim on behalf of the government.
Aggravated Assertion of Professional Expenses with Regard to a Lasting Place of Work Abroad - Germany
If an employee is posted to a subsidiary company abroad for years, there may be variations in the arrangement of his professional expenses.
The workers compensation process involves the Division of Workers’ Compensation, an insurance company, your employer, medical providers and potentially a liable third-party. It’s no wonder that injured workers find the process difficult to understand and hard to follow.
Although off-label prescription drugs are involved in many False Claims Act cases, the Second Circuit Court of Appeals recent decision looks unlikely to have any major impact on whistleblower lawsuits.
There are risks to blowing the whistle on illegal, corrupt or fraudulent business practices, but there are also protections and incentives built into the process as well.
Most businesses want to classify their workers as contractors not employees. Contractors are cheaper and easier than employees. You don’t withhold taxes for contractors, nor do you pay benefits, workers compensation or unemployment insurance, nor must you comply with the wage & hour laws (including overtime) for contractors.
This article answers the question whether in the Congo labour law; the employer terminates the fixed term contract of an employee few months to the end of the contract. Will the employer pay for the remaining months that didn’t take place?
The False Claims Act was designed to provide an award to encourage potential whistleblowers to come forward and take steps to stop the waste of taxpayer dollars.
Employees can suffer all kinds of injuries while working. Vision impairment or loss can be one of the many different types of work injuries suffered. If you were injured at work, it is important to speak to a workers compensation lawyer about your legal rights and options.
The Federal Labor Court (BAG) appears to have decided in several cases that temporary workers might potentially be entitled to a higher wage for their work.
Employment Discrimination laws seek to prevent discrimination based on everything from race and sex, to religion and physical ability. A growing body of law also seeks to prevent employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment.
Thailand is recovering from historic floods that inundated the country on a scale never seen before. Drastic taxation measures helped to boost the economy in 2012. Despite uncertainty about the evolution of the global economy, the Thai economy is expected to rebound sharply with GDP growing by 5.5% in 2012 and 5% in 2013 (according to The World Bank).
"With great power comes great responsibility." Glamorous as it may be, the post of a company director entails the accountability and undertaking at the company's behest. The article is a brief on who a "Director" is and the duties that comes with the name.
The basis for calculating the remuneration of the preliminary insolvency administrator is normally the value of the insolvency estate, yet there may be particularities pertaining to the calculation.
A survey showed that 7 out of 10 female employees were sexually harassed at their workplace. So, how safe are you at work?
Insurance companies will often deny benefits. They dispute shoulder injuries by blaming your problems on arthritis or that the injury did not result from a work related incident.
An employee has no right to a particular overall score from the preparation of an employer’s reference. Moreover, this right does not arise from the requirement for clarity in a reference.
The California Second District Court of Appeal’s decision in Sanchez v. Swissport, Inc., No. B237761, will have a significant impact employment law and the way employers handle employees requiring pregnancy leave.
Retirement age limits stipulated in work agreements are not discriminatory and thus effective.
The Federal Labor Court (BAG) decided that deadlines in the field of labor law which are partly very tight, must be respected.
“At will employment” means that employers and employees have a wide range of freedoms in terminating their work relationship. "At will" states allow the firing of employees with good reason or for virtually no reason at all; however the termination must not violate the terms of a written contract, or break state or federal laws. Employees who are hired under these circumstances generally have little job security, and very few legal opportunities to fight for their job if they are fired.
Women have historically been subjected to legal discrimination based on their gender. With the passage of Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.), women are able to use the law to fight sex discrimination in employment, education, domestic relations.