Employment Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Employment including: discrimination, employee benefits, employees rights, ERISA, human resources law, labor relations, outsourcing, sexual harassment, whistleblower, workers compensation and wrongful termination.
September 8, 2009 By Resolution Assurance Group
There are many companies offering services on the Internet which do not qualify as "investigations" but really should be. These companies are completely unregulated and most of these companies are "information brokers" who have access to databases of public records, like telephone numbers, address directories, voters registration filings, etc.
In legal terms, sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment.
Employers must give qualified workers who have disabilities a chance.
The Family and Medical Leave Act (FMLA) is a federal law that lets covered employees take extended time away from work, to handle certain family or medical needs. Many states have similar laws that may provide additional coverage above and beyond that outlined in the FMLA.
September 3, 2009 By The Murray Law Firm
What to do in the Event of a Work Accident or Workers Compensation Injury.
September 2, 2009 By Angela Wang & Co.
The Racial Discrimination Ordinance (“RDO”) which was passed in July 2008 finally came into force on 10 July 2009.
September 2, 2009 By Kittelson & Carpo Consulting
The drama and trauma of obtaining a working permit (AEP) and a 9(g) visa is an experience most foreigners recount with mixed emotions- shock, anger, outrage, frustration, dismay, and even hopelessness.
August 26, 2009 By Pohl & Short, P.A.
There has been an explosion of employee lawsuits concerning sexual harassment. If you want to improve your chances of defending such a case you must be proactive.
August 26, 2009 By Pohl & Short, P.A.
An employer with a business has much to lose if a dissident employee sets up a competing company.
August 26, 2009 By The Law Firm of Labeed Abdal
The Article clarifies the application of the Labour Law Of Kuwait and the explains many of its rules and benefits to the employees.
Embezzlement: An Employee Will Not Get Off The Hook By Asserting The 5th Amendment Privilege Against Self-Incrimination
August 20, 2009 By Pohl & Short, P.A.
I am often confronted with a dismayed employer who has realized that a trusted employee has stolen and embezzled substantial sums of money.
August 13, 2009 By Kilgore & Kilgore, PLLC
It has become standard practice for employers to require that prospective employees sign a pre-employment agreement as a condition of accepting a job.
August 13, 2009 By Kilgore & Kilgore, PLLC
Too often employees come to me with a dilemma. They lost their jobs, accepted a modest one-or-two month severances and now have job offers from companies in competition with their former employers.
August 13, 2009 By Pamir Law Group
Frequently asked questions related to hiring local and foreign employees in Taiwan
August 10, 2009 By Lorenz
This article outlines the state of affairs on the limitations that many politicians announced in the wake of the financial crisis on the use golden parachutes.
July 30, 2009 By Law Office of Roman Amaguin
Employment policies may provide for many different leaves of absence. Except for leave to vote, no Hawaii law requires paid leave for any leave of absence. Here is a brief summary of statutorily-protected leaves of absence in Hawaii.
July 28, 2009 By Law Office of Roman Amaguin
Under Hawaii’s employment practices statute, HRS Chapter 378, employers are prohibited from discriminating against applicants and employees alike on the basis of marital status. Discrimination prohibited by Hawaii law includes a refusal to hire, demotion, termination or disparate terms or conditions of employment, because an individual is a spouse of an employee.
July 21, 2009 By Law Office of Roman Amaguin
Hawaii law and the Americans with Disabilities Act prohibit employers from discriminating against employees and applicants for employment who have disabilities. Physical examinations cannot be used to unfairly or disproportionately screen out disabled individuals. Employers may not require medical examinations of job applicants until after conditional offers of employment are made. Finally, medical examinations of current employees must be job related and consistent with business necessity.
Federal Computer Fraud and Abuse Act Remedies Potentially Available to Hawaii Employers for Deleted Files
July 19, 2009 By Law Office of Roman Amaguin
Hawaii employers could have a federal civil remedy available in federal court in addition to the ability to invoke Hawaii criminal statutory law for damage caused to either network or company-owned computers by former employees.
June 26, 2009 By Lorenz
The current article sets forth the basic principles for immigration to Belgium and outlines who needs a work permit.
June 24, 2009 By Law Office of Roman Amaguin
The problem of identity theft in Hawaii is suspected to be much worse than publicized. There have been several high-profile examples of Hawaii businesses experiencing on-line and hard-copy security breaches of private and confidential information of its employees and/or customers, thus increasing significantly the risk of identity theft.
June 24, 2009 By Law Office of Roman Amaguin
Hawaii employers covered by HIPAA should review their privacy and HIPAA policies and conduct an audit of their practices in order to protect against the improper use and disclosure of private health information and to reduce the risk of privacy breaches in their own organization.
Hawaii Employment Law Basics: Protections of Victims Leave Act Triggered More Often in a Tough Economy
June 14, 2009 By Law Office of Roman Amaguin
The weak economy has been linked to a significant increase in domestic violence cases throughout the country. It is critical that Hawaii employers understand that the Hawaii Victims Leave Act requires all Hawaii employers to provide eligible employees with at least 5 days of unpaid victims leave.
June 8, 2009 By The Reeves Law Group
Sexual abuse is a problem throughout the country and the world. Too many people are becoming victims of this horrific crime each year, some of which are repeatedly abused in their homes, places of employment, and even schools. In fact, statistics show that a majority of sexual abuse victims are assaulted by people very close to them, whether they are relatives, friends, or casual acquaintances.
June 6, 2009 By The Gierach Law Firm
So, you were just laid off or fired without any reason at all. You are really angry and feel that you were wrongfully terminated from your job. Do you have any legal recourse?
June 4, 2009 By Frishberg & Partners
As you know, all foreigners must have a “foreign work permit” in order to legally work in Ukraine. Until recently, all one had to do was simply file the necessary documents and then patiently wait for three months. However, the Cabinet of Ministers recently passed Resolution No. 322, which will surely cause controversy among the foreign business community.
June 3, 2009 By The Gierach Law Firm
In these tough economic times, many Naperville residents find themselves with a variety of unexpected and undesired reasons to pursue new employment and arrangements. While the maxim that crisis creates opportunities is true, such notions create little comfort in uncertain times and certainly do not provide for needs of the family.
Employment Law in Hawaii: Employers Increasingly Facing Litigation over English-Only Rules as More Complaints are Filed with the EEOC
May 22, 2009 By Law Office of Roman Amaguin
Given the amount of attention given to immigration issues on a national scale, the significant increase in national origin claims being filed with the EEOC in the last few years is no surprise. Recently, the EEOC brought suit against a California Nursing Home company that prohibited Spanish-speaking employees from speaking Spanish to Spanish-speaking residents, and also while on breaks or in the parking lot of the facilities.
May 20, 2009 By Law Office of Roman Amaguin
A bill which will allow unions to organize agricultural employers without a secret ballot election, HB 952 CD1, was passed on May 8, 2009, by the Hawaii Legislature. Governor Lingle will have until June 30, 2009 to issue a veto message. The card check bill closely mirrors President Obama’s push for passage of the Employee Free Choice Act (“EFCA”).
Employment Law Basics for Hawaii Employers: Illinois Ruling Highlights the Importance of Policies and Training to Hawaii Employers
May 13, 2009 By Law Office of Roman Amaguin
Training and educational programs for all employees are critical under Hawaii state law, HRS Chapter 378. State law currently is interpreted by the Hawaii Civil Rights Commission (“HCRC”) as mandating strict liability for sexual harassment committed by supervisors. While the Hawaii Supreme Court has not addressed the HCRC’s interpretation of HRS Chapter 378 a recent Illinois Supreme Court decision supports the HCRC's position.
May 13, 2009 By Gaopeng & Partners
Under current Chinese law, there are two options available for the employer to reduce its financial obligations to employees based on financial difficulties. The first option, in lieu of dismissing the employee, the employer may negotiate with the employees to adjust the current employment agreement; effectively placing the employee on “holiday status”. The second option would be to simply terminate the current employment contract with the employee.
May 11, 2009 By Ross Law Group - Employment Law
St. Mary's University School of Law instructor Rosanne Piatt's days at the school are numbered. That's despite the high ratings her students in family law and legal research and writing classes gave her on a fall 2008 evaluation survey.
On March 24, 2009, the Department of Labor (“DOL”) issued a statement making clear that employers, including Hawaii employers, can expect an increase in DOL audits. Hawaii employers should begin auditing their payroll and other employee-related practices and procedures.
Hawaii Employment Law and Litigation Basics: How do I Draft a Litigation Hold Policy and Implement a Plan for Electronic Discovery?
Electronic evidence is quickly evolving into one of the most difficult areas of litigation to navigate. Hawaii businesses, especially human resource managers in employment disputes, must understand that it is extremely important to work closely with counsel to determine the extent of their discovery obligations.
On April 22, 2009, the Equal Employment Opportunity Commission (“EEOC”) issued employer best practices for workers with caregiving responsibilities. This follows up the EEOC’s 2007 guidance explaining the circumstances under which discrimination against workers with caregiving responsibilities might constitute discrimination based on sex, disability or other characteristics protected by federal employment discrimination laws.
May 8, 2009 By The Law Office of Arkady Itkin
A California employee who plans to file a harassment action against his employer, must understand the key difference between the term "harassment" as ordinarily used in the language as opposed to the claim for "harassment at workplace" which is a term of art.
May 7, 2009 By Law Office of Roman Amaguin
The Department of Labor’s (“DOL”) final revisions to the federal Family and Medical Leave Act (“FMLA”) regulations became effective on January 16, 2009. In addition to implementing the new regulations into their policies and procedures many Hawaii employers will have the difficult task of determining to what extent the changes to FMLA affect their obligations and practices under the Hawaii Family Leave Law (“HFLL”).
DFEH Complaints, EEOC Complaints, DLSE and DIR Complaints for Discrimination, Harassment and Retaliation - How A California Labor Attorney Can Decide Which to File
April 13, 2009 By Law Firm of Attorney R. Sebastian Gibson
A California labor attorney has a real quandary when it comes to choosing the right state or federal agency to file a complaint for discrimination, harassment or retaliation. Choices facing the California labor lawyer include the Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC) and the Division of Labor Standards Enforcement (DLSE). This article seeks to guide California attorneys and their clients in that selection.
Filing Age Discrimination Complaints in California - Choosing the Right Agency to File the Complaint
April 13, 2009 By Law Firm of Attorney R. Sebastian Gibson
A California labor lawyer has a difficult decision when it comes to filing an age discrimination complaint. Should the California labor attorney file the client’s complaint with the Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC), or the Division of Labor Standards Enforcement (DLSE)? And how long does the victim and his or her California lawyer have to file? This article answers those questions.
April 9, 2009 By Jayadeep Hari & Jamil
Absenteeism is a common vocabulary faced by almost all employers. Continued absenteeism can be damaging to an organisation, as there is potential loss of efficiency and effectiveness as well as a fall in customer service and not to forget a strain on the absent employee’s co-workers. Absenteeism not only impacts on production levels; it impacts on other staff.
March 20, 2009 By Greene, Ketchum, Bailey, Walker, Farrell & Tweel
Coal mining is one of the most dangerous occupations in the United States. In 2007, nine West Virginia miners lost their lives, and over 920 injuries with lost time were reported (West Virginia Office of Miners' Health Safety and Training). Accidents in the coal mining industry happen to workers mining underground, at surface mines, in quarries and in preparation facilities, although statistically the underground miner has the best chance of being injured or killed on the job.
March 18, 2009 By Frishberg & Partners
Admittedly, the current economic crisis has dealt a severe blow to the foreign business community in Kiev. As a result, most companies are taking radical anti-crisis measures in order to survive. And cutting labor costs is at the top of everyone’s list.
March 17, 2009 By Livnat, Mayer & Co.
Employers in the Hi-Tech sector are concerned about “hitting a homerun” before any competitor does so. A significant aspect of that concern is that their own employees could, utilizing knowledge and/or skills acquired in the course of their employment, either join a competitor or start up their own competing business. The “Non-competition Clause” has, therefore, become an integral provision in employment agreements.
March 17, 2009 By V&T Law Firm
On January 8, 2009, Shanghai Human Resources and Social Security Bureau promulgated Notice on Implementation of Employee Layoff Report by Employer (hereinafter Notice), which provides guidance from a legislative perspective for companies which need to lay off employees under current economic crisis. Together with the Employment Contract Law of PRC, there are following issues which shall be considered by companies regarding layoff.
March 3, 2009 By Simbolon & Partners
Recently the problem of the termination of employment relationship is frightening many of the employments in Indonesia. This phenomenon is caused by a severe global economic crisis that occurred at this time causing many companies to consider retrenchment, including reduction the number of the employments. This has caused the rising number of unemployment in Indonesia. This condition should be avoided so all the parties, both entrepreneur and workers do not have more in suffer.
Discrimination Against Hispanics, Latinos and Mexican Americans, and the Need For More Civil Rights Lawyers in California
February 28, 2009 By Law Firm of Attorney R. Sebastian Gibson
As this California Civil Rights Lawyer shows, discrimination remains and there is an increase in hate crimes against Hispanics, Latinos and Mexican-Americans, as one of the perceived symbols of that discrimination, the U.S.-Mexico Border Fence, nears completion. Instead of pulling together in these difficult times, we may see a greater polarization of attitudes, only increasing the need for more civil rights lawyers to protect the civil rights of Hispanics, Latinos and Mexican-Americans.
February 27, 2009 By Gordon, Elias & Seely, LLP - FELA Attorneys
The legal remedies available to a person injured while working on the railroad are quiet different from an employee being injured and covered by a state workers' compensation scheme. Though there are some guarantees under workers compensation, the total potential recovery is quite limited; conversely, FELA can be more beneficial but has its pitfalls. It is essential that a worker has excellent representation and Gordon & Elias, L.L.P. knows what to do.
Life Insurance Claims Denials in San Diego and Orange County and ERISA Appeals in California - You and your Insurance Lawyer Only Get One Chance
February 21, 2009 By Law Firm of Attorney R. Sebastian Gibson
As this San Diego and Orange County Life Insurance Lawyer explains, when a life insurance company denies a beneficiary’s claim for the life insurance policy on the death of a loved one, you have a right to appeal that decision. And while you or your California ERISA attorney may still be able to file a lawsuit in federal court, unless your appeal was prepared properly, you will have little chance of prevailing in federal court.
The Social Security Administration has established a number of different types of disability programs. Although the medical rules are similar under each program, the technical rules on eligibility set each program apart.
The first step in applying for Social Security disability benefits is to complete an interview with the Social Security Administration (”SSA”). You can schedule an interview with SSA by calling them at 1-800-772-1213.
Social Security Disability (SSDI): receiving compensation for your medical impairment.
The insurance company has said that they will no longer pay for my chiropractic/medical bills, how do I get these bills paid now?
Acquiring compensation for your work injury.
February 13, 2009 By Four-Front Investigations Inc
Many states only require Private Investigators pass a written test to hang a shingle on their wall and open for business. This does not qualify a person to be an "Investigator" by any means. When you’re faced with the need to employ the services of a Private Investigator become informed before making a decision on who to use.
February 10, 2009 By Simon Shang & Partners
Chinese government welcomes those foreign investors, high-level administrators and technical staff to work in china. And the normal vacancies are not offered to foreigners. So the foreigners who intend to work here shall have more than 2 years relevant work experience and relevant educational background.
A California Employment Lawyer’s Arsenal of Laws that can Save a Person’s Job, Obtain Damages or Increase the Employee’s Severance Package
February 8, 2009 By Law Firm of Attorney R. Sebastian Gibson
Never have there been so many tools for California Employment Lawyers to help the newly fired to either win damages for discrimination or retaliation, save their job or to obtain a better severance package. As discussed by this California Women’s Rights Attorney, the employee manual can be a gold mine in terms of assistance as are the laws enforced by the California Labor Commissioner and Federal Rules such as the Fair Pay Act of 2009.
February 6, 2009 By Hammond, Bogaru & Associates
In the course of running a business and in a financial crisis, employers sometimes have to consider making some of their employees redundant. This is not a situation which is pleasant, but it is necessary and the employer has to ensure that the legal formalities are complied with. This article is intended to provide an outline of, and to draw the reader’s attention to the provisions of Romanian law and possible consequences.
January 29, 2009 By Law Firm of Attorney R. Sebastian Gibson
It will still require litigation by attorneys enforcing the Fair Play Act of 2009 according to this Palm Springs California women’s rights lawyer before the Act results in providing fair pay for women in California. As this employment lawyer writes, the Fair Pay Act of 2009 signed into law January 29, 2009 takes effect retroactively, however, employers may still be slow to increase the salaries of women employees until lawsuits begin to fly.
January 15, 2009 By Hammond, Bogaru & Associates
For foreign employers sometimes it is important to consider when is an employee at work and when is he not. Whilst this may seem a strange question recent decisions and practice in Romania have raised the enquiry as to what is the correct answer. The question is important also for foreign employers who send their employees to work on projects to Romania. This note is intended to draw the reader’s attention to the provisions of Romanian law, recent decisions and possible consequences.
January 11, 2009 By Cypress Recruiting Group, Inc.
A Survey of Compensation Packages for US and UK Qualified Attorneys Working in the Asian Legal Markets.
January 7, 2009 By TroyGould
Must a company employing non-residents of California to work mostly outside of California abide by California overtime pay laws and other California Labor Code requirements for work these non-resident employees perform in California?
December 28, 2008 By Harrington Law Associates, PLLC
Discussion of hostile work environment in the context of a worker hypothetical.
November 20, 2008 By Couzyn, Hertzog & Horak
Monitoring of employee’s data messages at the workplace: What about the employee’s right to privacy?
November 7, 2008 By Jennifer N. Weil, Esq.
If you are an employee in the State of New Jersey or if you are an employer with 50 or more employees working in New Jersey, then you need to know these key elements of the New Jersey Family Leave Act.
November 2, 2008 By Angela Wang & Co.
In late 2005, the largest airline company in Hong Kong, Cathay Pacific Airways Limited (“CX”), implemented a program requiring its cabin crew members who took long or frequent sick leave to disclose their medical records in the past 12 months.
October 31, 2008 By Jennifer N. Weil, Esq.
What information about you can an employer gather?
October 31, 2008 By Jennifer N. Weil, Esq.
…starts before you ever separate from your employer.
Employees have a statutory right to take a reasonable amount of unpaid time off work to care for dependants. This right arises where it is necessary because of the "unexpected disruption or termination of arrangements for the care of a dependant".
The Regulator's final version of the conflict of interest guidance has just been published.
On 16 September 2008 HMRC published guidance on the consequences of Demibourne Limited v HMRC  which concerned an employer failing to operate PAYE and the employee paying tax on the income under self-assessment on the basis that he or she was self-employed.
October 13, 2008 By Law Firm of Attorney R. Sebastian Gibson
The author examines the constitutionality of the U.S. $700 billion bailout proposal as it was first presented to Congress. The author also discusses why the proposal had to be changed by Congress to avoid a violation of the non-delegation clause of the Constitution.
October 13, 2008 By Cassidy & Black, P.A. - Maritime Attorneys
Cruise ship employees can be victim to the same negligence, assaults and injuries as the passengers. More than not the cruise line will try and cover up these incidences.
October 2, 2008 By Bloomfield Advocates and Solicitors
Introduction Nigeria has over the years witnessed a steady growth in corporate activity as a result of the various strategic economic restructuring programmes of the former Federal Government administration. The competition especially in the financial institutions has become so pulsating with various companies growing in leaps and bounds with skyrocketing profits in their financial statements. This Article seeks to examine the need for whistleblowing avenues in corporate Nigeria.
October 1, 2008 By Grandall Legal Group
On January 1, 2008, the Labor Contract Law of the People’s Republic of China (LCL) became effective, resulting in widespread changes in labor policy for all companies and other affected organizations.
September 21, 2008 By Barker Olmsted & Barnier
Changes in law likely to include more workers and increase workplace accommodations.
September 19, 2008 By Burges Salmon LLP
The Pensions Regulator (TPR) has issued new guidance wanting pension schemes to communicate more effectively and openly with their members.
September 19, 2008 By Grandall Legal Group
Due to increasing market pressures and other situation-specific factors, employers are often required to terminate employees in China. This article briefly outlines some of the issues that must be addressed by employers before and after employee termination, including matters to consider during the hiring of prospective employees, from the perspective of the employer.
September 11, 2008 By Barker Olmsted & Barnier
Common noncompetition agreement provision now invalid. In many states, employers may restrict former employees’ activity with employee contract provisions called “covenants not to compete” or "noncompetition agreements."
August 28, 2008 By Monty Partners, LLP
E-Verify is the free government service designed to validate your employees’ legal status to work for you.
August 23, 2008 By The Law Office of Arkady Itkin
This article discusses several important but not commonly known aspects of California law on sexual harassment at workplace.
July 24, 2008 By MMLC Group
This article provides an overview of current laws and regulations in connection with intellectual property ownership of inventions developed by an employee within the scope of employment in China. It also refers to similar developments under the new Patent Law, which is due to be enacted in 2009.
July 22, 2008 By Angela Wang & Co.
Hong Kong, already has specific laws against discrimination by gender, family status, and disability. Now, through the Race Discrimination Bill racial discrimination in the workplace has been made illegal, and this article explains the provisions concerning employment.
May 12, 2008 By CSB Advocates
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 which upholds the basic principles of workers’ rights, including:
April 4, 2008 By Grandall Legal Group
Employment law in China is governed by a relatively comprehensive set of laws, more recently supplemented in late 2007 to strengthen workers’ rights.
March 18, 2008 By Herbert Chestnut & Associates
The Defense Base Act (DBA) is an extension to the federal workers' compensation program which covers longshoremen and harbor workers.
In Georgia, employees who are hurt while at work are entitled to Workers' Compensation benefits. However, not all injuries are automatically covered by Workers' Compensation. This article covers such topics as - lunch break injuries, pre-existing conditions, psychological illnesses, off-work aggravation of work injuries, and other common work related injuries.
In Georgia, employees who are hurt while at work are entitled to Workers' Compensation benefits. One of these benefits is any medical treatments necessary to cure you, provide relief, or restore you to suitable employment. However, in return for this valuable benefit there are negatives including the loss of some medical privacy protections and limits on who you can receive treatment from. This article discusses the details of medical benefits under Georgia Workers Compensation.
In Georgia, employees who are hurt while at work are entitled to Workers' Compensation benefits. As far as cash benefits go, there are different types of benefits that an injured worker may be entitled to. These include benefits for when you are completely out of work, benefits for when you are earning less money because of your injury, and benefits for permanent damage to part of your body. This article discusses the types and calculation of these benefits.
In Georgia, employees who are hurt while at work are entitled to Workers' Compensation benefits. However, determining whether you are an "employee" under Georgia law can be complicated. Independent Contractors and other types of workers are not entitled to any Workers' Compensation benefits.
Choosing an attorney can be a difficult and sometimes random process. Ironically, in most cases, whether you have selected a good attorney will only be determined when the case is over. Armed with these five questions, you will be able to gain some insight into the type of attorney that you are hiring.
Protection of Construction Workers and Workers in the Trades under the NY state "Safe Place to Work Laws"
February 6, 2008 By Daniel P. Buttafuoco & Associates, PLLC
In NY state, construction workers in the “trades” (carpenters, plumbers, electricians, steel workers, steamfitters, laborers, masons, painters, and every other trade) are protected under the “safe place to work” laws.
November 29, 2007 By Process Service Network
The job of an attorney service is to make the job of an employees of a law firm easier!
November 28, 2007 By Kalikova & Associates
The principal legal act regulating labor relations is the Labor Code of the Kyrgyz Republic. (72)
November 4, 2007 By Angela Wang & Co.
After more than 2 years of consultation and redrafting, the Standing Committee of the National People's Congress finally passed the new PRC Labour Contract Law (the "New Law") on 29 June 2007.
October 16, 2007 By Gailey Associates, Inc
The Top 15 Signs of Infidelity. Justin Hodson with Hodson and Associates explains the signs of a cheater.
October 2, 2007 By Guzmán Ariza
Labor relationships in the Dominican Republic are governed by Law No. 16-92 of May 29, 1992, commonly known as the Labor Code, which is characterized by its strong and sometimes inflexible protection of the rights of the individual employee.