Employment Law Articles

Articles written by lawyers worldwide
explaining the different aspects of Employment.

Can You Be Fired for Talking about Your Job on Social Media?

  April 19, 2018     By Murphy Law Group, LLC
The right of employees to communicate with other employees is protected by the National Labor Relations Act (NLRA). The NLRA protects an...

Will Ongoing Employment Bind an Employee to a Non-Compete Agreement?

  April 19, 2018     By HG.org
Competitive businesses may be concerned that employees who terminate their employment might give their new employers information about the...

Accommodation of Religious Practices in the Workplace

  April 18, 2018     By HG.org
Employers must accommodate workers within the company for religious practices that demand certain processes, days off or attire in the building....

ERISA: Independent Medical Reviewers and the Award or Denial of Benefits

  April 17, 2018     By HG.org
When benefits are necessary for someone in an ERISA program, the role of independent medical reviewers in these decisions where benefits may...

Best Practices for Sexual Harassment Investigations

  April 12, 2018     By HG.org
Sexual harassment in the United States has had an insidious role in the workplace. Sexual harassment can impose liability on employers on the...

Sexual Harassment in the Workplace

  April 12, 2018     By Murphy Law Group, LLC
What is sexual harassment? Sexual harassment involves unwelcome offensive sexual advances, communication, or conduct in the workplace....

Understanding Hiring Laws Before Acquiring Your First Employee

  April 12, 2018     By The Posey Law Firm, PC
As a new startup or entrepreneur, you may have reached a stage of completion towards the formation of your business.

Vocational Assessments for “Any Occupation” Provision in ERISA Cases

  April 11, 2018     By HG.org
When processing of an ERISA case occurs, the claimant needs to undergo an assessment after a standard 24 months to determine if he or she has...

Chemical Plant Hazards Jeopardize Workplace Safety

  April 11, 2018     By LeViness, Tolzman & Hamilton, P.A.
When a major chemical plant explosion occurs, it usually makes the national news due to the devastating nature of the accident.

2018 Workers’ Compensation Trends

  April 10, 2018     By Gross and Kenny, LLP
2018 is slated to bring many changes to the Workers’ Compensation industry.

Obese Employees Potentially Protected by California FEHA

  April 9, 2018     By HG.org
It is in 2017 that the Court of Appeal in California pushes through protections for obese workers as a disability due to the physical cause and...

Can You Be Fired For Attending Rehab for Alcoholism?

  April 6, 2018     By Murphy Law Group, LLC
Is Alcoholism A Disability? Alcoholism can be considered a covered disability under the Americans With Disabilities Act (ADA). An employer may...

Missing an Appeal Deadline in ERISA Cases

  April 6, 2018     By HG.org
It is important to understand what deadline is appropriate for an ERISA case for an individual when he or she needs to make an appeal. During a...

Combatting Sexual Harassment after #MeToo Movement

  April 4, 2018     By HG.org
In October 2017, an actress launched a social media campaign to draw the public’s attention to sexual harassment and assault in Hollywood. The...

Social Security Offset Provisions and Wrongful Denial in ERISA Cases

  April 4, 2018     By HG.org
Most ERISA plans, as well as any supporting insurance policies for individuals, have certain provisions that will let the person offset...

Have You Been Retaliated Against for Asserting Your Rights at Work?

  April 3, 2018     By Murphy Law Group, LLC
What is Retaliation? Retaliation takes place when an employee engages in "protected activity" and his or her employer takes “adverse action”...

Assaulted on the Job by Co-Worker

  April 3, 2018     By HG.org
Workplace violence is a common issue that often leads to the termination of one employee or a legal action through litigation which may result...

Employers' Best Practices on Transgender Transitioning in the Workplace

  April 2, 2018     By HG.org
Employers need to consider how to deal with a person that transitions from male to female or female to make while still working for the same...

Whistleblowers Needed Now More than Ever as Federal Oversight Rolls Back

  March 29, 2018     By Louthian Law Firm, P.A. - Whistleblower Lawyer
The federal government plays many roles. One of them is enforcing consumer protection laws, which should prevent consumers from being ripped...

Pregnancy Discrimination Leads to Wrongful Termination

Pregnant women often experience nausea commonly known as morning sickness.

Should You Sign a Severance Agreement?

  March 23, 2018     By Murphy Law Group, LLC
Signing a severance agreement can affect your rights.

Should I Settle My Workers’ Compensation Case as the Insurance Company or Attorney Wants Me to Settle?

  March 21, 2018     By Law Office of Thomas Mottaz
The decision to settle can never be an easy decision to make.  Many different factors need to be weighed into your decision.  It is imperative...

Can a Disabled Employee Request to Work from Home?

  March 16, 2018     By Murphy Law Group, LLC
An employee’s disability or medical condition may temporarily or permanently prevent the employee from accessing or reporting to the job site,...

An Employee's Sleep Disorder Could Be a Company's Liability

  March 14, 2018     By Kaplan Lawyers, P.C.
Any sleep disorder can pose a serious safety hazard, in and out of the workplace. And yet, a lot of recent research is pointing to employers as...

How to Request a Reasonable Accommodation at Work

  March 9, 2018     By Murphy Law Group, LLC
The Americans With Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. A...

Surprising Facts about Wage and Hour Violations

  March 7, 2018     By Goodrich & Geist, P.C.
It is a commonly accepted idea that the world revolves around money. Sure, some can argue it is possible to free yourself of the pull money has...

Employee Social Behavior: The New Business Environment

  March 6, 2018     By The Posey Law Firm, PC
There is unease and confusion among both people in the workforce and business leaders over the changing nature of labor law, and developing...

America's Opioid Crisis Is Now in the Workplace: How Employers Can Manage the Crisis

  March 5, 2018     By Katz Law Group, P.C.
The American workplace is reaping the fallout from a drug-infested society.

NYC Creates Claim Against Employers for Avoiding Cooperative Dialogues with Disabled Workers

  March 5, 2018     By Law Offices of David S. Rich, LLC
A new law creates an independent cause of action against employers in New York City for avoiding cooperative dialogues with disabled employees...

When Employers Can Be Held Vicariously Liable for Criminal Acts of Employees

  March 5, 2018     By HG.org
It is essential for an employer to fully understand vicarious liability so that the business and those working for it are not to blame when an...

Are You Entitled to Be Compensated for Travel Time?

  March 5, 2018     By Murphy Law Group, LLC
Travel Time Compensation For The Non-Exempt Employee The Fair Labor Standards Act (FLSA) requires employers to pay overtime to non-exempt...

Does ‘On-Call’ Time Qualify as ‘Working Time in the EU?

  March 2, 2018     By Mamo TCV Advocates
The European Court of Justice defines further the concept of ‘working time.’

Report Workplace Injuries

  February 28, 2018     By Gross and Kenny, LLP
When a person is injured in a workplace accident, he or she must report their accident to their supervisor within 120 days, or approximately...

5 Myths about SSD Recipients

  February 27, 2018     By John R. Colvin, Attorney at Law
As soon as people enter the workforce, a portion of every paycheck is deducted for the Social Security Disability Insurance Trust Fund. During a...

You Must Have Effective Policies in Place Before Allowing Pets at Work

  February 26, 2018     By Katz Law Group, P.C.
We adore our pets. Actually, we adore our pets to the point where many corporations currently allow pets in the workplace on a regular basis as...

How Does Your Business Manage Romance in the Workplace

  February 26, 2018     By Katz Law Group, P.C.
In today's corporate world, employers are dealing with romantic relationships and the fallout from those relationships.

NBA's Dallas Mavericks Face Claims of Sexual Harassment and Hostile Workplace

  February 26, 2018     By Katz Law Group, P.C.
Sports Illustrated has reported this past week that the Dallas Mavericks face multiple claims of both hostile workplace and sexual harassment.

Is 50 the New 40 in Disparate-Impact Age Discrimination Claims?

  February 26, 2018     By Murphy Law Group, LLC
It's been a little more than a year since the Third Circuit held that a subgroup of employees age 50 or older may allege age discrimination in...

Stress-Related Workers' Compensation Claims

  February 23, 2018     By Canlas Law Group, APLC
"I'm over stressed because of my job." It's a phrase we hear all too often from our friends, family, and colleagues. For some this simply means...

Accommodating for Injuries in New Jersey

  February 23, 2018     By McOmber & McOmber, PC
The New Jersey Law Against Discrimination (NJLAD) prohibits disability discrimination in the workplace.

Megyn Kelly Writer Fired after Reporting Bullying to NBC Execs

  February 13, 2018     By McOmber & McOmber, PC
NBC is providing an unintentional example of how hard it can be to change workplace culture.

Potential Liabilities Associated with Alcoholic Consumption at Employer-Sponsored Events

  February 13, 2018     By Katz Law Group, P.C.
While an employer's potential liability for injuries caused by employees who consume alcohol at company holiday functions varies from state to...

Am I Liable When My Uber Passenger Causes an Accident While I’m Driving for the Company?

  February 12, 2018     By HG.org
Working for Uber may lead to certain situations where an accident occurs during or after work hours for the driver. However, it is important to...

The Department of Labor Issues New Guidelines When Hiring Interns

  February 12, 2018     By Katz Law Group, P.C.
In reaction to very recent decision by the Ninth Circuit Court of Appeals in Benjamin v B & H Education, Inc, the United States Department of...

Massachusetts Welcomes the Pregnant Workers' Fairness Act on April 18, 2018

  February 12, 2018     By Katz Law Group, P.C.
On April 2, 2018, "An Act Establishing the Massachusetts Pregnant Workers Fairness Act"( "PWFA") becomes law. With this new law comes new...

Policies Governing Employees' Use of Computer Equipment

  February 9, 2018     By The Posey Law Firm, PC
Have you ever walked up on an employee using Facebook on the clock or standing at the copier with a stack of personal documents?

Employment Agreements Such as Severance, Non-Compete, etc.

  February 9, 2018     By The Posey Law Firm, PC
There are a variety of agreements that should be considered for your company's employment documents, depending on the complexity and nature of...

Special Legal Rights Enjoyed by Teachers

  By HG.org
Teachers are provided special legal rights through employment contracts, prohibition of instances of discrimination, protections from dismissal...

San Diego Independent Contractor Agreements

  January 31, 2018     By Watkins Firm, A Professional Corporation
The misclassification of employees as independent contractors is one of the highest priorities of federal agencies such as the Internal Revenue...

Fair Scheduling Trend

  January 30, 2018     By McOmber & McOmber, PC
Fair scheduling, also referred to as restrictive or predictable scheduling, is a current trend in employment law.

Definition of Sexual Harassment

  January 30, 2018     By McOmber & McOmber, PC
Claims of sexual harassment have been all over the news lately, with various celebrities coming forward to tell their stories.

Assault Charges against My Manager Resulted in Threat of Employee Termination. Is the Owner’s Threat also a Crime?

  January 30, 2018     By HG.org
Any type of assault, discrimination or harassment in the workplace usually leads to either criminal or civil charges against the individual,...

Filing Your Workers' Compensation Claim on Time Is Critical

  January 30, 2018     By LeViness, Tolzman & Hamilton, P.A.
All employees are eligible to receive Workers’ Compensation benefits if they suffer from a workplace injury.

Workplace Injuries Caused by a Fellow Employee

  January 30, 2018     By LeViness, Tolzman & Hamilton, P.A.
Workplace injuries can happen anytime, often when you least expect it.

Facebook Job Ads Raise Concerns About Age Discrimination

  January 30, 2018     By McOmber & McOmber, PC
A recent investigation reveals that dozens of employers, including Amazon, Target, Goldman Sachs and Facebook itself, placed recruitment...

Do Not Play Big Brother at Workplace! Recent Judgment of European Court of Human Rights

  January 29, 2018     By SMARTLEGAL Schmidt & Partners
The European Court of Human Rights (ECHR) in his fresh decision established that the camera surveillance of lecture halls violated the...

Important Limitations on Subcontracting You Need to Know

  By HG.org
Subcontractors to a company, contracting agency or working with an individual have limitations in what work may be completed based on the...

Importance of FCA Retaliation Protections for Whistleblowers

  January 25, 2018     By Louthian Law Firm, P.A. - Whistleblower Lawyer
FCA retaliation protections are in place to make sure that people who report false claims filed with the United States government are not...

Employment Termination Issues in Indonesia

  January 23, 2018     By BP Lawyers
When talking about employment termination issues in Indonesia, the matter is never that simple for a private company, let alone foreign company....

Top 3 Legal Pitfalls Small Businesses Encounter

  January 23, 2018     By The Posey Law Firm, PC
With an industrial spirit, and enviable ambition, many small business owners leave no stone unturned in the marketplace. They see opportunity at...

Workers Protection Standard: Farm Workers

  January 23, 2018     By HG.org
The Environmental Protection Agency protects farm workers through poisoning and injury incidents with pesticides around the country. The workers...

Employee Handbooks

  January 23, 2018     By The Posey Law Firm, PC
Every business has different processes, applicable standards and regulations, and values; therefore a proper employee handbook for your staff...

Policies on How Employees and Supervisors Communicate

  January 23, 2018     By The Posey Law Firm, PC
There are policies governing employee and supervisor communication for reasons of productivity, and there are policies with bases of legal...

How to Acquire an Alien Labor Certification

  By HG.org
Certification to work in the United States may be accomplished through various means, and acquiring an Alien Labor Certification is possible by...

How to Acquire an H1B Visa?

  By HG.org
An H1B visa lottery is necessary for certain immigrants that are unable to acquire sponsorship for certain green cards, obtain permanent or...

New York’s Highest Court Expands Availability of Punitive Damages under the New York City Human Rights Law

New York City Wrongful Termination Attorney David S. Rich explains that New York's court of last resort recently lowered the standard for...

Dispelling Top 7 Myths about Pursuing Workers Compensation

Workers’ compensation can be confusing. To help clarify the pervasive misinformation surrounding this coverage, here are a few common myths...

Understanding the Timeline for Filing a Workers' Compensation Claim

If you have been injured on the job, you may be confused about how you can receive compensation for your injuries.

Differences in Personal Injury and Workers’ Compensation Cases in Illinois

  By HG.org
Illinois personal injury cases and workers’ compensation cases have significant differences between them. Some of the key distinctions between...

What Is Workers Compensation Insurance?

All jobs have their pros and cons. But at least employees are assured of income in exchange for services, and at least some compensation for any...

Employer Wants to Rehire the Harasser I Complained About

  By HG.org
Employers are often held responsible for the acts of their employees, including supervisors and coworkers. Vicarious liability in this context...

Breach of Contract Legal Issues Involving Teachers

  By HG.org
Contracts for employment bind teachers to an administration and a school district. Equally, these educators are provided the benefits and...

Why HR Departments May Fail Victims of Harassment

Human Resources Departments are charged with protecting the company, not necessarily the employee.

Another Year, Another Change: Tax Law in Romania

The year 2017 was one when many changes were proposed by the Government, but these changes were not always implemented. Some important changes...

Restaurant Keeps All Banquet Gratuity - Wait Staff Only Paid Minimum Wage, No Tips. Is that Legal?

  By HG.org
Restaurant employees are often subject to lost wages through tips being taken or other employer actions against them. Restaurant employers often...

Teaching Contracts: Minimum Amount of Notice Requirement If Contract Does Not Specify

  By HG.org
Teaching jobs and other jobs in schools often work differently than other types of jobs. Teachers are usually provided with a contract for a...

Tax Whistleblower Statute

  By HG.org
Whistleblowers exist within many different departments of the federal government, and this includes the Internal Revenue Service which is...

Whistleblower Protections in New Jersey

Whistleblower protection laws exist on the federal and state level to protect workers who report misconduct from retaliation by their employers.

Is It Legal for a School Not to Renew My Teaching Contract if I Reasonably Expected It to Continue?

  By HG.org
When a teacher is contracted to work at a specific school, it is often reasonable to expect that his or her continued working relationship will...

Are Pooled Tips for Waiters Legal?

  By HG.org
In the United States, most servers work for less than the standard employee and are compensated by tips from customers as expected in the...

What Are the Laws Involved in Employment Tips?

  By HG.org
Employees that work as servers or wait staff earn a meager amount per hour and the rest is compensated through tips provided by customers....

Independent Contractors

When it comes to determining employment rights and responsibilities, the most important factor is the definition of employer and employee.

What Should You Do about Sexual Harassment?

When the headlines hit close to home.

Does Being Fired After Voluntary Rehab Violate Employment ADA Benefits?

  By HG.org
When a person has entered rehabilitation for drug use or an ongoing substance abuse problem, he or she admits to the complication while working...

Worker Injured in Warehouse Explosion Settles for $1.3 Million

The man, an electrical contractor, suffered these injuries while replacing a fire suppression system.

Teacher Resignation Due to Retaliation by Principal - Can School District Be Sued?

  By HG.org
When a workplace creates a hostile work environment, this could be considered harassment or discrimination when only one individual is targeted....

What People Don't Know about Discrimination and Harassment at Work

Going to work every day is hard enough. Don’t let your employer make it even harder on you by tolerating discrimination and harassment. Federal...

Accused of Time Theft by My Employer – Is That a Real Thing?

  By HG.org
Wage theft from an employer occurs when an employer fails to pay an employee for the time that he or she worked and is entitled to pay. This can...

Injured at Work? 10 Steps You Need To Take

When people are injured at work, they are often too scared to file for a workers’ compensation claim because they are worried that they will be...

Employer's Use of the E-Verify System

  By HG.org
Electronic verification is used for confirming the ability and authorization for a new hire to work within a company through employers using and...

LGBTQ Protections in U.S. Workplaces

  By HG.org
Protection at work for gay, lesbian and other persons with similar lives is not always available. This is highly dependent on state legislation,...

Independent Contractor or Employee? How the ‘Gig Economy’ May Strip Workers of Legal Protection

Don’t let misclassification prevent you from exercising your rights

My Ex Harassed and Stalked Me Using His Employer’s Computer. Do I Have a Case against the Employer?

  By HG.org
When someone is harassed by and individual through a work computer, it is possible that the employer is held liable in these instances due to...

U.N. Employee: If I Have a Harassment Claim Can I Hire an Lawyer Outside OSLA?

  By HG.org
Harassment claims within the United Nations Office occur just as with any other company, entity or organization. However, these offices with...

Can a Recent Medical Diagnosis Make an Employment Contract Voidable?

  By HG.org
When confronted with a medical condition that makes work difficult or impossible, it is important to consult with a supervisor and explain the...

Can Your Employer Ever Force You to Undergo a Medical Exam?

Is it OK for your boss to require you to get a yearly physical? Can your employer insist that you supply medical documentation proving that it’s...

Do Companies Have to Offer Paternity Leave?

Many fathers find it difficult to cobble together paid and unpaid time off in order to devote time to their growing families after the arrival...

Problems Business Owners May Face and Their Legal Remedies

  By HG.org
Many individuals who start their own businesses do so because they want to be in business for themselves, have a great idea they want to share...

Employee or Independent Contractor?

The Federal District Court for the District of Maryland recently determined in Braxton v. El Dorado Lounge, ELH-15-3661 (Oct. 27, 2017), that...

Security Request Denied by Employer Then Doorman Attacked While on Duty

  By HG.org
When there are possible attacks in a city or town where a doorman is present, additional security is recommended as a course of action to...

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