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|Labor Department Seeks to Fast Track Overtime Appeal|
Steven F. Pockrass; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 23, 2016, previously published on December 2, 2016On December 2, 2016, the U.S. Department of Labor (DOL) filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking to fast track the DOL’s appeal of a nationwide preliminary injunction that blocks the agency from implementing its revisions to overtime rules under the Fair...
|Top Ten Things Every HR Professional Should Know About Immigration|
October 28, 2016, previously published on October 25, 2016In the year 2016, this article discusses the top ten things every Human Resources Professional should know about employment-based (business) immigration as it impacts the hiring of foreign national workers.
|BAG on the Effectiveness of a Post-Contractual Restraint on Competition|
Herr Rainer; GRP Rainer LLP;
March 11, 2016, previously published on March 9, 2016According to a judgment of the Bundesarbeitsgericht (German Federal Labour Court), even a mere interest-free loan for a competing company has the potential to violate a post-contractual restraint on competition (Az.: 10 AZR 260/14).
|LAG Düsseldorf Affirms Dismissal without Notice for Outburst during Carnival Festivities|
Michael Rainer; GRP Rainer LLP;
March 3, 2016, previously published on February 29, 2016Even during carnival time there are limits. According to a ruling of the LAG Düsseldorf (Regional Labour Court of Düsseldorf), anyone misbehaving too much during office festivities for carnival risks being fired (13 Sa 957/15).
|LAG Berlin-Brandenburg: Dismissal without Notice for Good Cause|
Michael Rainer; GRP Rainer LLP;
February 29, 2016, previously published on February 26, 2016According to a ruling of the LAG Berlin-Brandenburg (Regional Labour Court of Berlin-Brandenburg), an employer can terminate an employment contract without notice if it has good cause to do so (Az.: 17 Sa 810/15).
|A Challenge to the Public Policy Exception to the At-Will Employment Doctrine|
Mathew Craig, Craig T. Matthews; Craig T. Matthews & Associates;
February 23, 2016, previously published on February 18, 2016The Ohio Supreme Court historically has expanded the public policy exception to the at-will employment doctrine, but decisions from two state appellate courts appear to attempt to reverse that trend.
|Sexual Harassment at Work - Five Things Every Employee Should Know|
Sarah A. Ornelas; O'Connell & Plumb, P.C.;
February 11, 2016, previously published on Winter 2016Five things to keep in mind if you are being sexually harassed at work.
|California Employers Will Face Significant New Equal Pay Law|
James J. McDonald; Fisher & Phillips LLP;
October 19, 2015, previously published on October 6, 2015California employers will soon be subject to a new equal pay law that will create a much stricter standard for gender pay equity. Passed by the state legislature with broad bipartisan support and signed into law by Governor Jerry Brown on October 6, 2015, this new law is considered the most...
|When Bosses Discriminate Against Pregnant Women. The Atlantic Magazine. September 24, 2014. Brian Stutheit Interviewed for Article.|
Darlene Cunha; Stutheit Gartland P.C.;
August 17, 2015Legal recourse for discrimination based on pregnancy
|Legal Applicability and Relevant Practical Opinions Concerning an Overtime Application System Adopted by Employers|
Jenny Chen, Jenny Chen; Lee Tsai Partners Attorneys-at-Law;
June 25, 2015, previously published by Under Articles 24 and 32 of the Labor Standards Law (hereinafter, the "Law"), an employer shall pay overtime compensation based on the number of overtime hours of employees. For the convenience of management, many employers require their employees to apply for overtime work in advance pursuant to required corporate procedures to serve as the basis for overtime hour calculation and overtime compensation. Even so, the calculation and determination of overtime hours are still controversial in practice. Is this type of overtime application system legal? In addition, how will this system affect employers and employees? Since this system has major impact on both employees' wage interest and employers' personnel expenditures, it is necessary to explore various aspects of this system.Legal applicability and relevant practical opinions concerning an overtime application system adopted by employers