Employment Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Employment.
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.
October 19, 2010 By Law Offices of Jason H. Rubens, P.C.
This article gives a basic overview of the Workers Compensation Benefits that are available and the process to receive a workers compensation settlement.
October 19, 2010 By Berg & Androphy
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. 
October 18, 2010 By Berg & Androphy
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.
October 13, 2010 By Mesriani Law Group
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.
October 11, 2010 By Cindemir Law Office
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.
October 10, 2010 By Cindemir Law Office
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.
October 6, 2010 By Ankin Law Office, LLC
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.
September 29, 2010 By Borenius Attorneys at Law
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.
September 24, 2010 By Hg.org
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.
September 18, 2010 By The Gierach Law Firm
There is an increasing amount of litigation between employers and former employees over non-compete agreements and other forms of restrictive covenants.
September 18, 2010 By The Gierach Law Firm
On January 1, 2009, a new act known as the Americans with Disabilities Amendments Act went into effect, broadening the meaning of the word “disability”. Both employers and employees awaited the regulations from the Equal Opportunity Commission which would give guidance to the current state of the law. Many believe that the regulations have changed the employment landscape completely.
September 15, 2010 By Popowski, Callas & Shirley, PA
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.
September 15, 2010 By Lorenz
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.
September 14, 2010 By Mesriani Law Group
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.
September 14, 2010 By Schwell Wimpfheimer & Associates LLP
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.
September 14, 2010 By Ince & Co LLP
The Equality Bill received Royal Assent on 8 April 2010 and became the Equality Act 2010. Under the Social Security (Medical Evidence) Regulations 2010, with effect from 6 April 2010, the traditional sick note will be replaced with a ‘fit note'.
August 25, 2010 By Law Office of Roman Amaguin
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.
August 18, 2010 By Fikadu Asfaw and Associates Law Office
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.
August 10, 2010 By Matt Dickstein, Business Attorney
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.
August 7, 2010 By Mesriani Law Group
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.
July 29, 2010 By Law Office of Roman Amaguin
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.
July 29, 2010 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.
July 28, 2010 By Mesriani Law Group
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.
July 27, 2010 By Mesriani Law Group
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.
July 26, 2010 By International Law Offices
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.
July 26, 2010 By Stepter Law Office, PLLC
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.
July 23, 2010 By Mesriani Law Group
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."
July 20, 2010 By Domanski Zakrzewski Palinka
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.
July 20, 2010 By The Babcock Law Firm, LLC
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...
July 15, 2010 By Law Office of Roman Amaguin
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.
July 14, 2010 By Berg & Androphy
"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.
July 13, 2010 By Paul Giannetti, Attorney at Law
What follows are 3 mistakes you should avoid that could cost you your benefits.
July 12, 2010 By Mariscal & Associates
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.
July 11, 2010 By Angela Wang & Co.
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.
July 7, 2010 By Mesriani Law Group
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.
July 6, 2010 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.
July 1, 2010 By Siam Legal International
Introduction: Under the Thai Labor Protection Act 2541 (1998), employee rights are widely protected. Generally speaking, employers must remain considerate and defer to Thai and foreign employees. When disputes arise, they typically take the form of a wrongful termination claim. Thai law is clear in defining when and how an employee may be lawfully terminated. Additionally, standards for determining remedies are well established.
June 29, 2010 By Law Office of Roman Amaguin
Personnel and related records present risk to Hawaii employers if not stored, maintained and disposed of appropriately. Hawaii employers should designate at least three levels of security for access to employee information/records.
June 29, 2010 By Wolff Law Office
This Article describes general grounds for Bid Protests on City, County, Local Agency and State Government Public Contracts in the State of California and stresses the urgency to file a Bid Protest very, very quickly after bids are opened to avoid losing your rights to file a successful Bid Protest. Protest procedures vary so check the project manual, local statutes or ordinances on deadlines and procedures, and - immediately - consult a competent and experienced government contract attorney.
June 26, 2010 By The Babcock Law Firm, LLC
Understanding workers compensation benefits available to on-the-job injury workers in Colorado.
June 24, 2010 By Mesriani Law Group
Under The Jones Act, a federal law which regulates the United States shipping industry, the workers contemplated and protected under it are not just merely seamen or ship employees but also other occupations and places of work.
June 24, 2010 By Law Offices of Barry G. Doyle, P.C.
Many injured workers are not aware of the differences between worker's compensation cases and civil lawsuits in Illinois. When they hear about how hard it is to "go to court" over a work-related accident, this discourages them from asserting their rights under the Illinois Worker's Compensation Act. The truth of the matter is that the worker's compensation system has been designed to make easier, not harder, for injured workers to assert their rights.
June 21, 2010 By Law Offices of Barry G. Doyle, P.C.
When representing injured truck drivers in worker's compensation claims, one important question that must be answered is whether the worker's compensation case can be filed in Illinois. For an injured truck driver, this is an important question because the worker's compensation laws in Illinois are more favorable to the employee than they are in many other states.
June 15, 2010 By Law Offices of Barry G. Doyle, P.C.
The Illinois Worker's Compensation Act requires employers to pay for related and necessary medical care. Injured workers in Illinois are entitled to choose two doctors and then receive medical care from that doctor and any other physicians to whom he is referred.
June 14, 2010 By The Babcock Law Firm, LLC
There are two requirements for an injured worker who needs to report a work-related injury. First, the injured worker needs to report the injury in writing to his or her employer within four days of the injury. Second, the injured worker needs to file a Workers’ Claim for Compensation with the Colorado Division of Workers’ Compensation within two years of the injury.
June 9, 2010 By Eglet Wall Christiansen
Recently, the Nevada Supreme Court upheld a multimillion dollar damages award against an employer after two of its employees were involved in a 2001 drunk driving accident that resulted in one woman's death.
June 7, 2010 By MMLC Group
This article looks at how non-compete agreements and arrangements are regulated under Chinese law.
June 2, 2010 By The Law Firm of Labeed Abdal
The old Private Sector Labor Law has been replaced by the new law with radical changes in the basic provisions, came into force on 21st February 2010.
June 2, 2010 By Popowski, Callas & Shirley, PA
This year, National Work Zone Awareness Week took place from April 19th to the 23rd. In South Carolina, the theme was “Let ‘em work. Let ‘em live.” Throughout that week, drivers across the state passed signs with the slogan.
June 1, 2010 By The Babcock Law Firm, LLC
Coverage and protection for injured workers in Colorado can be obtained by an employer in three different ways.
May 28, 2010 By Mesriani Law Group
The Uniformed Services Employment and Reemployment Rights Act of 1994 better known as USERRA is a law that protects the civilian employment of employees who have been called to duty as non-full time military service members.
May 28, 2010 By Law Offices of Barry G. Doyle, P.C.
Injured workers in Illinois have the right to file a third-party liability suit when their injuries are caused by someone other than a co-worker or their employer. However, unlike worker's compensation cases, fault is a crucial issue in third-party liability suits. This article sets forth some of the ways in which defense lawyers are likely to inject the issue of fault into the case and how it can impact the recovery of compensation by injured workers.
May 21, 2010 By Mesriani Law Group
Sometimes, employees may have unreasonable expectations about their salary but more often, when it comes to California wage disputes, problems usually arise when an employer fails to pay minimum wage, overtime pay or would even make unnecessary deductions from the employee’s salary.
May 20, 2010 By Harper Grey LLP
The current economic climate, continued employment and employment relationships are more critical than ever. Loyal and productive employees afford and employer its best chance to emerge unscathed at the end of this lengthy recession. However, economic pressures may require an employer to reorganize or restructure its workforce. Doing so properly, and in accordance with the law, will ensure continued survival of your business, your profitability and your reputation.
May 20, 2010 By Akdogan Uslas, Attorneys at Law
This article mainly discusses employment related consequences in asset purchase deals in Turkey.
May 17, 2010 By Dolan Law Firm
Religious freedom is one of the founding principles of the United States. Over time, the practice of celebrating diversity and discouraging discrimination has become an important representation of America and its core values.
May 10, 2010 By Law Offices of Barry G. Doyle, P.C.
Many injure workers in Illinois have their worker's compensation claims improperly denied because they were "off the clock" when they were hurt. Kinds of cases that result in improper denials of worker's compensation benefits include: business travel, injuries in parking lots, injuries coming to and going from work on the premises, and injuries occurring during break or lunch.
May 7, 2010 By Garson Johnson LLC
On January 28, Plain Dealer reporter Bob Paynter wrote a front page story on how the soaring rates of the workers’ compensation group- rating program was adversely affecting small businesses in Ohio.
May 7, 2010 By Garson Johnson LLC
Courts in recent years have upheld the workers' compensation rights of injured immigrant employees, regardless of legal status. Only one state — Wyoming — excludes illegal immigrants from the workers' compensation system. Ohio may become the second.
May 7, 2010 By Ankin Law Office, LLC
The Illinois Appellate Court 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.
May 4, 2010 By Bohrer Law Firm
Increased crude oil production in the Gulf of Mexico has sparked hope that the recession will soon end. As the nation returns to economic health, shipping lanes, ports and the gulf oil and gas production and drilling industry will get busier with goods moving in and out.
May 3, 2010 By Makarim & Taira S.
It has been over 4 years since the Constitutional Court’s ruling on 26 October 2004 which declared that Article 158 and other relevant articles of the Manpower Law in relation to serious misconduct were against the Indonesia Constitution and therefore were not legally binding.
May 2, 2010 By Law Offices of Barry G. Doyle, P.C.
Owner-operators who are injured on the job are regularly denied worker's compensation benefits. However, a 2007 decision from the Illinois Supreme Court shows that even though owner-operators have signed independent contractor agreements, they may be considered employees under the Illinois Worker's Compensation Act and can receive benefits for work-related injuries.
April 29, 2010 By Law Office of Roman Amaguin
There are several specific steps an employer should take to emphasize to employees that sexual harassment will not be tolerated in the workplace. An employer's managers and supervisors take on an important role at each of these steps. One of the most important steps is the effective implementation of a sexual harassment policy.
April 28, 2010 By Derzon & Menard, SC
Wisconsin law recognizes two types of on-the-job injuries that are compensable under an employer's workers' compensation insurance policy: accidental injuries and occupational diseases.
April 27, 2010 By Eglet Wall Christiansen
The Federal Occupational Health and Safety Administration (OSHA) has had its eyes on the Las Vegas Strip since last year, when a sudden increase in construction worker deaths raised questions of safety at sites like the City Center.
April 23, 2010 By MMLC Group
A welcome development, has been the enactment of a new tort law in China in early 2010. This law has the potential to change the legal landscape in China in relation to negligence claims, IP infringement matters and labor matters.
April 17, 2010 By Bukher & Associates, P.C.
A non-disclosure or non-compete agreement is basically a contract between the employer and its employee where, for some valuable consideration (like a job and salary), the employee promises not to divulge any sensitive information learned during the course of employment or the employee promises not to go work for competitors for some period of time after the employment terminates.
April 13, 2010 By Masephule Dinga
It is almost eight (8) years since the Regulation of Interception of Communication and Provision of Communication Related Act, 2002 (“RICA”) was promulgated and almost nine (9) months since the compulsory registration of cellular sim cards.
April 10, 2010 By Barker Olmsted & Barnier
EEOC statistics show that pregnancy discrimination claims are on the rise. The rules in California are slightly different than under the federal FMLA. This article reviews two important distinctions.
April 9, 2010 By Sally & Fitch LLP
What can be included in a valid noncompetition agreement?
April 1, 2010 By Law Offices of Barry G. Doyle, P.C.
Many injured workers in Illinois who are considering hiring a worker's compensation lawyer are concerned about the issue of attorney's fees and how they are going to pay for legal assistance. The good news is that Illinois worker's compensation lawyers work on a contingency basis, and that the fees are very reasonable.
April 1, 2010 By Stewart J. Guss, Attorney at Law
An article about what to do if you are fired in Texas.
April 1, 2010 By Breakfield & Associates, Attorneys
In the case of Smith v. Salon Baptiste (S09A1543) (2010), the Georgia Supreme Court ruled that Georgia law § 9-11-68 requiring a losing party to pay the attorney fees of the winning party under certain conditions was constitutional.
March 31, 2010 By Pardini & Associates
According to article 66 of the constitution of the Republic of Panama, the law will establish the mechanism to adjust periodically the minimum wage. In fulfillment of this article the previous government created a “Minimum wage National Commission”, composed by the workers union and the private sector (employers). This commission historically has never concurred with a satisfactory decision for a new minimum wage.
March 25, 2010 By Kilgore & Kilgore, PLLC
Employees agreeing to resolve disputes through binding arbitration may be giving up important rights and, as one recent study has found, may be less likely to receive compensation for their injuries.
March 23, 2010 By The Law Office of Travis Williams
The struggling economy has made the job market even tougher for job seekers, as the rising unemployment rate has resulted in fewer jobs for more applicants. Having a criminal record can be one of the quickest ways for employers to eliminate you from the potential candidate list.
March 19, 2010 By Bill Daniels Law Offices, APC
The Court of Appeal distinguished between remedial civil penalties and punitive damages in Los Angeles County Metropolitan Transportation Authority v. Superior Court (2004) 123 Cal.App.4th 261, and held that a government entity is not immune from civil penalties imposed by the Unruh Civil Rights Act (Civil Code section 52 et seq.) under Government Code section 818, which bars imposing punitive damages against public entities.
March 18, 2010 By Angela Wang & Co.
In the United Kingdom, there appears to be an emerging trend of recognizing the implied anti-avoidance term in employment contracts. An anti-avoidance term is defined by Cabrelli in “Discretion, Power and the Rationalisation of Implied Terms” as a term that has the effect of binding employers not to engage in tactics which evade the operation of an express term conferring a certain or conditional benefit on the employees.
March 12, 2010 By Mesriani Law Group
Although the media do not give as much attention to national origin discrimination as much as it does to sexual harassment and racial discrimination case, it is still equally important to understand this type of mistreatment.
March 4, 2010 By Icaza, Gonzalez-Ruiz & Aleman
To whom does the property of an invention, whose creation is a direct consequence of a labor relationship, belong to? During 2009, multiple inquiries and queries related to the feasibility to limit or to restrict the property right on the ideas, the technical innovations or invents developed and obtained by the workers were received.
February 26, 2010 By Mariscal & Associates
The Spanish Code of Labor Law sets out a special type of redundancy known as redundancy based on objective reasons. There are several reasons based on which a company could carry out this type of redundancy. We are going to focus just into the most common ones, which usually take place during economical hard times: economic and productive reasons.
February 23, 2010 By Law Office of Roman Amaguin
Employers who are covered by the Hawai'i Family Leave Law are required to allow eligible employees to use up to ten (10) days per year of their accrued and available sick leave for any of the purposes listed in the HFLA.
February 21, 2010 By The Corbett Law Firm, PLLC
This article discusses the racial discrimination southern black farmers experienced from the USDA.
February 21, 2010 By Bill Daniels Law Offices, APC
Recognizing and acting on liens is an important part of any practice.
February 21, 2010 By Bill Daniels Law Offices, APC
Attorneys counseling either insureds or carriers need to have a grasp of this doctrine as well, whether they are providing advice during the course of a claim or in the midst of bad faith litigation.
February 15, 2010 By Law Offices of Barry G. Doyle, P.C.
Injured workers in Illinois can file both a worker's compensation case and a third-party liability suit against anyone responsible for their injuries other than a co-worker or their employer. Injured workers should take measures to help protect their rights and their recovery. Here are 7 specific steps they can take to help ensure a successful recovery.
February 9, 2010 By Bill Daniels Law Offices, APC
Construction work is difficult, demanding and often dangerous. Pursuing a third party claim for a construction injury can be equally trying.
February 8, 2010 By Leeds Brown Law, PC
Rio Tinto is a large borax mine on the edge of California’s Kern County. The mine has been the life blood of the town of Boron, California for generations. However, if an agreement cannot be reached between management and the labor union representing the workers, the mine might be shut down permanently.
February 8, 2010 By Leeds Brown Law, PC
A former Nashville schools Payroll Coordinator was awarded about $1.5 million dollars by a Federal jury on Monday, January 25, 2010 based on a claim that she was wrongfully terminated in 2003 when she cooperated in a sexual harassment investigation of a school official. The former employee, Vicky Crawford, who worked for the district for thirty years, sought lost wages, future wages and pension benefits.
February 5, 2010 By Mesriani Law Group
Under Americans with Disabilities Act (ADA), employers are prohibited to discriminate workers based on their physical or mental disability.
January 30, 2010 By Law Office of Roman Amaguin
The Age Discrimination in Employment Act (“ADEA”) applies to employers who employ 20 or more employees. The ADEA covers employees who are at least 40 years-old. Hawaii law, HRS Chapter 378, also prohibits age discrimination. Significantly, however, HRS Chapter 378 applies to all employers. Further, all employees regardless of their age are protected against age discrimination.