Employment Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.
The California False Claims Act, like the Federal False Claims Act, allows governmental entities - or private whistle-blowers or “Qui Tam” plaintiffs - to bring an action to recover treble damages and civil penalties against persons contracting with State and local government agencies who have defrauded or cheated the government out of “money, property or services”...
A Bill Before the Oregon Legislature Could Give Whistleblower Protections to Non-nursing Hospital Personnel
A recent bill before Oregon’s state Senate might provide non-nursing hospital personnel workplace protection when they report patient care practices, procedures, or policies that endanger patient safety.
The federal law Americans with Disabilities Act (ADA) of 1990 listed down some of the civil rights, including protection from discriminatory acts, intended for people with disabilities. Title I of the law states that employers are obliged to provide reasonable accommodation to serve as help for disabled employees or applicants if their condition is too severe that it affects their work.
By Amaris Law
Can foreign employees enjoy similar protection under the Labor Contract Law in China? This Article will focus on the employment permit for foreign employees, which is often ignored or misunderstood by some foreigners working in China, resulting in lack of protection under the Labor Contract Law in case of any dispute between the foreign employees and their employers. We will discuss the topic via an exemplary case which took place in 2009.
The Occupational Safety and Health Administration (OSHA) created the OSH Act in 1970 in order to promote safety and reduce risks on employers and employees in the workplace.
There is no question that employers have the right to hire the person they want or whom they think would be best suited to the position. However, not all standards or business decisions especially when it comes to hiring can be considered as legal.
This article intends to explain important facets of the I-9 and how it affects employers.
By Jaburg Wilk
A recent case from the United States Supreme Court stands as a warning: know why the employee is being fired. If the company fires an employee based on a supervisor's recommendation, and the supervisor was motivated by an illegal reason, the company may be liable for illegal discrimination.
With April 1, 2011 rapidly approaching, there are several important issues employers should be aware of this H-1B filing season. Several new procedures and laws were implemented affecting the H-1B petition process in 2010. Employers should be aware and of these changes and ready before the 2012 fiscal year filing season begins.
Most people have an idea of what sexual harassment is – after all, there’s Bill Clinton and Monica Lewinsky, the movie Disclosure and Obsession, and well, the law, specifically Title VII of the Civil Rights Act of 1964.
After much heated debate that lasted 41 hours in the Hong Kong Legislative Council, the Minimum Wage Ordinance (“Ordinance”) was passed on 17 July 2010 and will come into force on this year’s Labor Day holiday, 1 May 2011.
The issue of duration of employment contracts entered into with foreign citizens in relation to Russian labor law often arises in the course of recruiting foreigner employees in Russia.
Retaliation is defined as the act of taking revenge or reprisal which is otherwise, to return like for like or repay an injury in kind.
Hospice fraud is a growing problem in South Carolina and the United States. Medicare and Medicaid fraud in the hospice setting can be the subject of False Claims Act claims by qui tam whistleblowers. The federal False Claims Act, 31 U.S.C. §§ 3729-3732, authorizes false claims suits for fraud against the government, also known as qui tam or whistleblower suits, against their employers on behalf of the United States.
Owning and managing a business in New York can be as challenging as getting a good slice of pizza anywhere outside of the tri-state area.
A man named Veniamin Gonikman, who is 55 years old, has been captured and detained on charges that include human trafficking, forced labor, alien smuggling, money laundering, extortion and conspiracy was arrested at John F. Kennedy International Airport.
A Q & A guide to Labor and Employee benefits law in Bulgaria. This chapter was first published in the PLC Cross-border Labor and Employee Benefits Handbook 2010/11 and is reproduced with the permission of the publisher, Practical Law Company.
To ensure the success of your business, as the employer, it is your responsibility to make sure that your labor and operations run as smoothly as possible. In order to do that, your employees must be aware of the nature and importance of their tasks as well as the rules and regulations at work so as to promote an orderly and harmonious work place.
If you are injured on the job in Missouri, you are entitled to your medical expenses, payment for your temporary total disability (the time you cannot work), as well as compensation for your permanent partial disability.
The Fair Labor Standards Act (FLSA) and other laws specifically govern which employees can receive overtime pay and the minimum amounts that employers have to pay.
What is maintenance and cure law? Maybe your know the basics, but did you now these three important facts about maintenance and cure that can affect your case?
HOUSTON, Feb. 7, 2011 /PRNewswire/ -- The job search and hiring process has migrated online in recent years in all fields, even the legal profession. In response to increased demand for online job listings - and a high unemployment rate nationwide - HG.org has launched a new service enabling legal recruiters, law firms and other employers in the field to post their legal job listings for free.
A new iPhone application will allow victims of street harassment to immediately upload a picture of their harasser and a brief description of the incident.
The Shipley family of Staten Island may have to bury their son twice. Their son, a 17 year old high school student, died in January of 2005 in a horrific car accident and was buried.
Known as “los 33,” the 33 brave Chilean miners who survived for 69 days underground, including more than two weeks when no one knew whether they were alive, were finally rescued on October 13, 2010.
Brett Favre is being investigated by the NFL for sexual harassment allegations brought on by some very inappropriate text messages and voicemails.
Two found guilty of hate crimes related to death of immigrant
Managers Deserve a Life, Too
Harvard cops are investigating what has been identified as a bias crime, after books on gay and lesbian issues found soaked in urine. A total of 40 books on gay and lesbian issues were found wet with urine at the school’s Lamont Library. The books dealt with issues such as same sex marriage. Library staff found an empty bottle nearby that appeared to have contained urine. The college will probably have to throw out the books because they were too damaged to salvage.
Competent legal registration of incentive payments at a local level and within the limits of the labor contract with a concrete employee does by their effective and reliable means of stimulation of workers to behavior of which is expected from them by the employer.
In summary it is necessary to note, that experts carry change of the labor contract under the initiative of the employer to questions of the labor right of the raised complexity. In this connection we recommend employers to pay special attention to legal maintenance of the given actions.
In this article the authors comment about the consequences of the new Eu-regulation 1231/2010 for the social security of non Eu-nationals.
Many employers may feel that firing employees when they acquire a disability or refusing to hire disabled applicants is cost-efficient however, such employment practices can become an even more costly mistake because it is against the law and can subject the employer to legal liability.
Workers may be entitled to overtime pay even if on salary.
The 3rd Interpretation regarding the Applicable Law of Labor Dispute Cases (the “Interpretation”) was issued by the Supreme Court on 13rd September, 2010 and was effective since 14th September, 2010.
Many dismissed employees are left wondering if their dismissal is unfair in terms of our legislation. It is always important to know your rights and what your options are if you are one of those unfortunate individuals who find themselves suddenly unemployed and struggling to make ends meet.
No Advertising Cost, Expanded Job Listing, Superior Legal Employment Visibility are Key Features
On May 19, 2010 the Russian Parliament approved amendments to the Federal law "On legal status of foreign citizens in the Russian Federation" ("Amendments"). The Amendments substantially simplify procedure for receipt of work permit by foreign highly-qualified professionals and aim to attract into Russia high talent and competitive business know-how.
The US Equal Employment Opportunity Commission (EEOC) has recently won a case for a fired employee who was discriminated against on the basis of her race, color, and national origin as well as retaliated against by her former employer, Northwest Cosmetics Labs.
Under Section 3700.5 of the California Labor Code, failing to have Workers’ Compensation coverage is a misdemeanor punishable by either a fine which may reach up to $10,000 or imprisonment for 1 year in a county jail or maybe even both. Illegally uninsured employers may face penalties of up to $100,000.
Texas Department of Insurance Adopts New Rule Prohibiting Discretionary Clauses in Texas Insurance Policies
Texas Department of Insurance has banned Discretionary Clauses in Life, Disability, Health, and other policies. Following a National trend, the TDI found that these clauses are unfair and deceptive. The ban goes into effect on policies delivered after February 1, 2011 for Disability policies, and June 1, 2011 for all other policies.
All over the world, religious intolerance is one of the leading causes of conflict and misunderstanding. Because of the religious intolerance of the employer, the company, the manager, or even the workers themselves, religious discrimination exists in the workplace.
The author offers tips for military contractors in Iraq or Afghanistan to follow when filing a claim under the Defense Base Act.
There is no legal requirement that employers should create or provide an employee handbook but most labor lawyers, especially in California recommend it.
We’ve all heard horror stories about “monster” bosses or even dealt with them personally ourselves but being a horrible boss does not automatically mean employer misconduct. Your boss can be a cranky cheapstake but as long as he abides by federal and state labor laws, you can’t hold him liable for a “bad” personality.
The battle of the sexes continues and an ongoing war on equal compensation continues in today’s workplace.
We all work hard for our money to live, eat and play. So if we're injured on-the-job unexpectedly, we expect the promises afforded to use under Colorado's workers' compensation law to be fulfilled. Unfortunately, that isn't the case much of the time. Your employer and their workers' compensation insurance company try to find cracks in your story or situation – any avenue to avoid paying your benefits in full. They're a business, so their interests may not be entirely aligned with yours.
Of all the federal laws that enforce equal opportunity in the workplace, there is nothing that defends an employee’s right to equal pay better than the Equal Pay Act of 1963 (EPA).
One of the employee’s many rights in the workplace is to be paid proper wages for hours of work rendered and the Wage and Hour Division (WHD) of the US Department of Labor is responsible for enforcing federal laws on these rights.
As defined by the United Nations Convention on the Elimination of All Forms of Racial Discrimination, race discrimination is any distinction, exclusion, restriction, or preference based on an individual’s race, color, descent, or national and ethnic origin.
Workers' compensation laws can be extremely complex, and often difficult to understand for those unfamiliar with them. Here are just a few questions people often have about workplace injuries and receiving workers' compensation in the state of New York.
Foreign Direct Investments (FDI) are defined by the Organisation for Economic Co-operation and Development (OECD) as an operation by which an investor acquires a lasting interest and a significant influence in the management of a firm that is situated abroad. Purpose of this article is to compare difficulties met by a French company willing to invest in Turkey and a Turkish company willing to invest in France, as regards to work permits and visas for expatriates.
German employment law is not consolidated into a single labor code. There are several different statutes covering most of the relevant employment law topics.
Have you been seriously injured at work? Learn about how workplace compensation disability eligibility is determined, and how to properly file your claim.
Supreme People's Court's New Interpretation on the Applicable Law for the Trial of Labor Disputes Cases - China
New Interpretation of the Supreme People's Court on Several Issues concerning the Applicable Law for the Trial of Labor Disputes Cases
Being pregnant is a blessing but for some employees who experience discrimination, harassment, and retaliation at work because of their condition, it becomes a heavy curse. Many employers feel that a pregnant employee is a liability to their business – so either they terminate the employee or basically cut down their hours of work, rate of pay, or even try to avoid giving them benefits.
What should you do if your workers compensation doctor is not providing the proper care you need. If the doctor your employer’s Workers’ Compensation insurance carrier sent you to draws a conclusion you feel will not adequately address your injuries, there IS a mechanism to make a change…albeit not quite as simple as changing your family doctor.
Under the law, a hostile work environment is defined as working conditions where unwelcome and discriminatory conduct is so severe and pervasive that it adversely affects the victim's employment.
The glass ceiling is still largely in place for women hoping to move into management positions, according to a new report by the Government Accountability Office.
ABM Industries, which provides building maintenance and parking services at office buildings and other commercial sites throughout the U.S. and Canada, has settled a class action suit with 21 female janitorial workers who were sexually harassed by co-workers for $5.8 million.
California will be casting votes on Proposition 19, which would legalize marijuana. If approved, local municipalities would be able to pass their own marijuana laws and collect taxes on sales. The measure is designed to help California raise additional revenue. The effect on California workers is still in question.
In the 1920s, the so-called science of Eugenics encouraged discrimination based on a person's heredity. At the time, this was merely racism disguising itself as science. But thanks to modern genetic medicine, today we know that more than just physical appearance is passed from one generation to another-a propensity for developing certain diseases also appears to be hereditary. And, as with the Eugenics of yesteryear, discrimination based on heredity is once again a possibility.
With several states legalizing same-sex marriages and President Obama announcing that "don't ask, don't tell" will become a thing of the past, the gay-rights agenda has moved to the political forefront. Following the Supreme Court's recent decision in Doe v. Reed, many lesbian, gay, bisexual and transgender (LGBT) citizens have become more hopeful that some of these proposed bills will lead to lasting civil rights protections.
In 2007, the Internal Revenue Service increased the size of the awards it gives to people who provide tips that lead to the collection of unpaid personal and corporate taxes. The bigger awards - between 15 and 30 percent of the total collected - opened the floodgates for whistle-blowers. What had been just a trickle of calls annually to the IRS grew to dozens per month.
This article gives a basic overview of the Workers Compensation Benefits that are available and the process to receive a workers compensation settlement.
Although the FCA was first enacted with dishonest defense contractors in mind, the FCA has become an effective weapon to fight healthcare fraud. Categories of facility healthcare fraud often involve allegations of total neglect or no services, worthless services, inadequate and inferior services and products, and aggressive patient treatment. 
Federal and state laws require medical devices shipped and sold in the United States to be safe, effective, and reliable, and to perform as represented and to specifications. Medical device manufacturers are subject to mandatory and stringent controls over product design, manufacture, process changes, rework, specifications, specifications changes, and quality control. 
Two former Chicago Bears players have received sizable workers’ compensation awards from the Illinois Workers’ Compensation Board.
Illinois Court on Workers’ Compensation Commission’s Authority to Subpoena Copies of Medical Records
The Appellate Court of Illinois, First District, recently addressed the issue of the proper scope of a subpeona duces tecum issued by the Workers’ Compensation Commission.
A former employee of a popcorn plant was recently awarded the largest verdict of this type by a Chicago jury. The plaintiff, Gerardo Solis, had been a worker in a Chicago popcorn plant owned by Flavorchem Corp for 8 years from 1998-2006.
Wrongful termination is a prevalent complaint in employment law. While employers have the power to hire and fire their employees, wrongful termination or illegal discharge occurs when such termination of employment is against the law.
This Article is aiming to shortly touch on the the scope of Turkish labor law. The article also described the main elements of the labor law.
In this article, the author touched on the basic principles governing the Turkish employment relations. Readers of this article shall be enlightened about Turkish labor law and its elementary principles.
Illinois attorneys might be surprised by the recent holding of the state Appellate Court that allowed tort damages in a case involving injuries on the job. The ruling shows that workers’ comp attorneys should routinely assess all potential third party claims before concluding the sole source of recovery is under the Workers’ Compensation Act.
The Employment Contracts Act is the main legislation regulating employers’ obligations and liabilities in labor relations and it is therefore of great importance for employers to be acquainted with its requirements. However, a number of other legal acts lay down employer obligations and liability. One of these is the Aliens Act.
Suspension from work, without pay (unpaid suspension), is the temporary removal of an employee from performing his/her work duties and from receiving pay, as a disciplinary measure. Many employers who have progressive discipline policies use unpaid suspension for employee misconduct: such as theft, unsafe work behavior and company policy violations.
When people think of injuries covered by workers’ compensation, they often think of major accidents that happen in an instant. For example, a machine may malfunction thereby crushing a worker’s arm, or a worker may inadvertently touch a live wire resulting in electrocution.
In this contribution, the authors comment on a recent decision of the Administration Tribunal of the International Labor Organization in which the principle is discussed whether a rule of general application can be challenged.
While “at-will employment” is prevalent and recognized in the United States, there are many employers and employees who prefer the security of working with an employment contract.
With the increasingly significant role that electronic communications such as email and text messages play in the work place, employers often face the question of whether they have the right to monitor these communications, or whether doing so would violate an employee’s right to privacy.
Hawaii employment law, HRS Chapter 378, expressly prohibits employment discrimination and harassment because of sexual orientation. In May 2011, Governor Abercrombie signed a bill into law establishing transsexuals, transgendered individuals and transvestites as a protected class under Hawaii employment law.
Do want to know when you can validly terminate a contract of employment as per the Ethiopian Labor Law? If so here are the main points.
Non-competition agreements go by a number of names, including “restrictive covenants” and “no-compete clauses,” but I’ll refer to them as non-competes.
Disability discrimination is currently prohibited under the federal law, the Americans with Disabilities Act of 1990 (ADA). The ADA makes it particularly unlawful for employers in the private sector and/or state and local governments to discriminate against a qualified person with a disability.
Generally, recovery under Hawaii's workers' compensation law is an employee's exclusive remedy for work-related injuries or diseases. However, an employee generally cannot sue his or her employer or a co-worker for damages resulting from occupational injuries caused by the employer's or co-worker's negligence. This does not necessarily preclude injuries resulting from intentional acts, for example.
By MMLC Group
The State Council of the People’s Republic of China issued the new Detailed Rules for the Implementation of the Patent Law (the Detailed Rules) on January 9, 2010. The amended Detailed Rules causes some changes regarding the legal rights of service invention employees.
Determining employer-employee relations is an important part of business, not only because it determines the obligations and duties of both the employer and the employee but also because the existence of such relationship vests an employee with certain rights.
An employee can’t stay in tiptop shape all the time, sometimes he may get sick or even get involved in an accident that could force him to take time away from work in order to recuperate.
Ukraine remains one of the biggest suppliers of seafarers to the global maritime fleet. The estimated number of Ukraine’s seafarers is not less than 75 000, and according to some unofficial reports they are engaged on about 20% of the world fleet.
Many workers aren't familiar with their rights under the federal Family and Medical Leave Act, which first became law in 1993 and has been amended since. This leaves the door open for employers to violate FMLA.
Qui tam, under The False Claims Act (FCA) is short for the Latin term, "qui tam pro domino rege quam pro seipse", which means "he who sues for the king as for himself."
A Q & A guide to Labor and Employee benefits law in Poland. This chapter was first published in the PLC Mulri-jurisdictional Guide 2011/12 and is reproduced with the permission of the publisher, Practical Law Company.
There are many ways you can locate a Colorado on-the-job injury attorney. Once you have a list of three or four referrals, consult with each regarding your case before hiring one. Here are some of the resources...
Under Hawaii law, HRS § 378-62, an employer is prohibited from threatening to discharge, discharging, or otherwise discriminating against any employee or a person acting on behalf of the employee, who is a whistleblower.
"If there has been any crime, it must be prosecuted. If there has been any property of the United States illegally transferred or leased, it must be recovered. . . . I propose to employ special counsel of high rank drawn from both political parties to bring such actions for the enforcement of the law.” Calvin Coolidge, Statement on the Teapot Dome Scandal.
What follows are 3 mistakes you should avoid that could cost you your benefits.
On June 16, the Government of Spain passed Royal Decree-Law 10/2010, with urgent measures for reforming the labor market. This is a reform that has been developing over last three years, and where social agents, companies, and unions have not been able to reach any agreement.
The Mainland and Hong Kong signed an Arrangement between them for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (the “Arrangement”) on 21 August 2006 to eliminate any situation of double taxation that might otherwise be faced by a Mainland or Hong Kong investor or resident in the conduct of cross border activities.
Most workplaces are a melting pot of individuals with different races, culture, religion, and beliefs. While employment discrimination against workers is illegal, it is not exactly unavoidable as there are still people who cling to their bias and prejudice and create hostile work environments to employees.
By TIM Services
The Russian immigration system has changed significantly over the recent years. Some of the changes include several laws being amended and some new regulations being enacted to improve the procedures and make them more straight-forward.