Employment Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.
Discriminating against an innocent individual or a group based on race or national origin may be prosecuted under Title VII of the Civil Rights Act of 1964, such as those individuals who are Muslim, Arab, Afghani, Middle Eastern or South Asian.
The ACLU is arguing that the law is unconstitutional since it constitutes an unreasonable search or seizure. No other state currently requires drug testing for this reason, but Florida is the first state to enact the law.
Facebook. LinkedIn. Twitter. These and other social media sites have created fast-paced opportunities for individuals to network and for information to spread. However, with these opportunities come potential hazards, particularly in connection with the workplace. By formulating social media practices and policies that comply with recently issued legal standards, employers have the ability to minimize, if not eliminate, the challenges posed by employee use of social media.
Finding a babysitter in California may get a lot more complicated! If Assembly Bill No. 889 is passed, a Friday night date could face extreme changes.
Effective Date of Service Provider Fee Disclosure Extended to April 1, 2012 - Effective Date of Participant-Level Disclosure Extended to May 31, 2012
Employees who operate company vehicles or personal vehicles while on the job are entitled to the same protections under the workers’ compensation laws as workers who spend all of their time at the workplace. Therefore, if an employee is injured in a vehicle accident while performing their job, they may be entitled to workers' compensation benefits.
Jobs that involve the use of heavy machinery are associated with the risk of injury. For injured workers, these injuries are typically covered under workers’ compensation insurance and/or a third party claim.
Considering how much time workers spend on the job, work-related injuries are unfortunately commonplace. Fortunately, many of these injuries are covered by the employer’s workers’ compensation insurance.
Every year millions of workers are injured in the workplace. Fortunately, a significant percentage of workplace injuries are covered under workers’ compensation insurance in North Carolina, regardless of fault.
Many people rely on religion to have spiritual growth, but there are times when they are discriminated for their practices. In the United States, the government respects the creeds and beliefs of people who follow their religion. However, this is not always the case in some work places.
It is the basic right of an employee to work in safe work environment. A new California law compliments this basic right of workers.
Over the past several months the procedures for the registration of foreign citizens in the Russian Federation by place of residence have seen significant changes.
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. It upholds the principles of workers’ rights, including the max number of daily working hours, a weekly rest day, holidays without pay, the establishment of a min working age, gender equality, professional and vocational training, contributory social insurance and the provision of the means of subsistence for those unable to work.
Federal, State, and local public agencies have a powerful club to beat back or recover for fraudulent or exaggerated contractor and subcontractor claims against them, in the form of State and Federal False Claims laws.
Qui Tam or Whistleblower Lawsuits for Fraud on Government Contracts or Public Contracts under the California False Claims Act, and California Law on the Statute of Limitations.
Which welfare rights for the crews? Maritime welfare law was initially developed under the aegis of the domestic legal systems of shipping Nations, each setting their own rules on board their ships. Ships’ freedom of registration and shipping internationalization were the main factors undermining domestic frameworks.
This article aims to explain basic principles governing the acquisition of work permit for foreigners in Turkey. The article is committed to clarify relevant issues with questions and answers.
The first and foremost thing that one must not do when suing is to get blinded by the potential amount of compensation that he may receive when “all is said and done” in the court. In personal injury, employment, and social security matters, it is important to consider not only the figures which one may receive as final indemnification to the damage, but also the ability of the defendant to pay it once you win the case.
California Whistleblower Qui Tam False Claims Act Lawsuits for Treble Damages on Government Contracts
The California and Federal Laws on False Claims on Government Contracts and Public Works Contracts create the risk of Liability for Treble damages, Civil Penalties and disbarment in WhistleBlower Qui Tam Lawsuits for all government contractors which could effectively wipe out any possible profits on public contracts.
You don’t always have to choose between filing an IL workers comp claim and an Illinois personal injury claim when third party liability comes into play.
Because Section 3729(a) of the FCA requires courts to impose a penalty for each false claim, inevitably cases will exist in which courts must hold FCA defendants liable for substantial penalties even where actual damages to the government are minimal or nonexistent.
The FCA protects a potential relator from retaliation for “lawful acts done . . . in furtherance of an action under this section, including investigation” and provides “all relief necessary” to make him or her “whole.”
Today’s propensity of various Hollywood films to depict courtroom drama is like a contagious disease in the mental disposition of many Americans. Not only that, but it also gives a certain level of a romanticized view of how courtroom cases are tried, hence a woefully wrong viewpoint of things being imbibed to the typical American citizen, especially in a simple matter of cases such as personal injury, employment, or even social security.
When injured on the job, many workers may be surprised to learn that insurance companies routinely stop payments or deny many workers comp claims. This article is intended for readers to learn about common tactics used by insurance companies to minimize workers compensation payouts.
It is a well known fact that disabled people have less job opportunities due to their affliction, whether it is physical, mental, or emotional impairment. This significantly less job capabilities will naturally make employers disdainful of hiring them for certain jobs, especially if it puts stress to the natural workflow inside the office.
The 1986 amendments set the range of civil penalties for violations of the False Claims Act (“FCA”) from $5,000 to $10,000, in addition to trebling actual damages.
Significant controversy has been raised about a recent ruling in Arizona that severely sanctions employers who “knowingly or intentionally” hired illegal immigrants. This is with respect to the rising cases of illegal immigration in U.S. soil, and this corrective action is intended to discourage people from doing so.
By Amaris Law
It is quite usual for a foreign employee to have the unfair clauses in his employment/labor contract in Shanghai, such as “the employer may terminate the labor contract without special reason, but with a 3-months or payment in lieu thereof.” This kind of clause has been usually regarded as valid by the Shanghai courts. However, the situation has been changing recently with the white book published by the Shanghai No. 2 Intermediate People’s Court as of April 12, 2011 (“White Book”).
According to the Equal Employment Opportunity Commission (EEOC), it received 6,119 charges of pregnancy discrimination in the fiscal year 2010. This doesn’t represent the actual number of pregnancy discrimination cases in the U.S, there may actually be more instances of such but many victims are afraid or retaliation or aren’t fully aware of their rights.
Some of the most difficult workers comp cases involve injuries to the back, neck, shoulder and knee. It is typical for employers and insurance companies to avoid accepting responsibility for these injuries because of the potential for lifetime workers comp benefits or findings of arthritis. An experienced workers comp attorney provides helpful descriptions of each injury and suggestions to help injured workers protect themselves.
The Obligations of International Organisations When Investigating on Informal Complaints of Harassment
On February 2, 2011, the ILO Tribunal rendered two judgments dealing with cases of harassment within international organisations. The Tribunal ruled that the claims challenging the sufficiency of the investigations carried out by the organisation at stake were admissible and allocated damages to the applicants, although the complaints were initially lodged in an informal way only.
This article outlines the obligations of New York employers under the New York Wage Theft Prevention Act (“WTPA”), which became effective on April 9, 2011.
In 2008, the federal law covering handicapped individuals and employees, the Americans with Disabilities Act of 1990 (ADA) was amended. The Americans with Disabilities Act Amendments Act of 2008 or ADAAA made important changes to expand the definition and protection of this law.
When investing in the Democratic Republic of Congo [DRC], you need to be concerned with the laws that regulate employment and related matters. This article gives you an idea on how to do.
In Kentucky, Can You Make a Worker’s Compensation Claim and Personal Injury Claim after a Vehicle Accident?
Discover how you can maximize your claims when you are injured in a motor vehicle accident while at work. Kentucky allows you to claim both workers' compensation benefits and personal injury damages so long as you do not duplicate them.
The Civil War started 150 years ago, and we are seeing books, movies, and re-enactments commemorating the start of that conflict. We also are seeing lawsuits, the origins of which go back to that war and beyond. During the Civil War, President Lincoln urged Congress to pass a whistle blower statute, because of rampant fraud in government contracting, which was hurting the war effort.
Los Angeles is the second most populated city in the United States and arguably, the most ethnically diverse. Since LA is a basically a melting pot of many cultures, it is inevitable that many of those who live and work in LA may find themselves in a “culture clash”.
The whole process of employment, from recruitment to hiring, is important, as hiring new individuals is necessary for the continuing operations and development of the business. The bad news, however, is that even during the earlier stages of employment, particularly during interviews, discrimination and harassment may already start.
It is the first question to ask when hiring a worker: independent contractor or employee? Many employers first try to go for the independent contractor classification because it’s substantially cheaper: no workers compensation or unemployment insurance, no social security or Medicare payments, no health insurance coverage or pension payments. The worker’s agreed upon fee is what it is — with no hidden costs to the employer, as the worker handles any applicable tax payments and benefits.
The U.S. Supreme Court’s recent ruling in Conkright v. Frommert,  highlights the importance of ensuring that an ERISA plan’s documents explicitly grant discretionary authority to the plan administrator to interpret the plan and resolve ambiguities. The ruling affirms that a court will not second guess an administrator armed with such authority even in a case where the administrator has previously made a mistake.
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.
It’s inevitable for employees to have sick days or need to take time off because of a family emergency – after all, no one can stay perfectly healthy the whole year round. Unfortunately, many of these employees who take time off from work often find themselves pushed out of their jobs or get their hours dramatically cut by the time they get back from their leave.
Most workers have heard of workers comp – but don’t fully understand what benefits they’re entitled to receive if they are injured on the job. This article provides details of each workers comp benefit available to Michigan workers and what do to when a claim is denied by the employer or insurance company.
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.