Phitea Employment

The incognito of lower class employment is an effective cloak for any dagger one might wish to hide

Cost of Docking Workers for Restroom Breaks $1.75 Million

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An example of how some companies prey on workers who don’t know their rights.
Imagine if you had to clock out every time you had to use the restroom. Chances are, you’d probably decide that remaining properly hydrated during the workday wasn’t that big a priority.

Going home thirsty with a few less dollars in your pocket would be the best-case scenario. If you had a medical condition that required you to visit the restroom several times a day, such as pregnancy or irritable bowel syndrome, your stakes would probably be even higher.

Thankfully, this sort of break policy is unlawful in the United States.

But one Pennsylvania company found a way to twist federal regulations on compensation so it could cash in on employees’ most-basic human needs.

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Unfortunately, this is just another example of how some employers take advantage of the fact that their workers may not be aware of their rights.

Working for Less Than Minimum Wage

Telemarketers at a Pennsylvania publishing company were told they had it good. According to the company’s upper management staff, as stated in

Posting of Third Country Nationals to Malta The Vander der Elst Application in Malta

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As a matter of rule, individuals who are not citizens of an EU Member State (also known as Third Country Nationals-TCNs) must be in possession of an employment licence (also known as work permit), in order to both legally reside and work in Malta.
However, in terms of the Van der Elst ruling by the European Court of Justice (ECJ), TCNs who are employed by a company based in an EU country are allowed to provide services to a company based in another EU country for a limited period of time, without the need to possess a work permit. This ruling is in line with the principle of freedom to provide services in Europe and the principle of no-discrimination between European and non-European citizens.

The said ruling has been incorporated by several EU Member States, including Malta.

Eligibility criteria

The Van der Elst ruling applies to those TCNs who match the following eligibility criteria:

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to Malta have to be already employed by a company which is established in an EU/EEA country, prior being posted; and,
-The same TCNs must hold an employment license which they have been provided with in the country where that

Unauthorised Private Use of Official Computer May Justify Termination Without Notice in Germany

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According to a ruling of the Bundesarbeitsgericht (German Federal Labour Court), unauthorised private use of an official computer may justify an exceptional notice of termination under employment law.
In its judgment of July 16, 2015, the Bundesarbeitsgericht ruled that the unauthorised private use of an official computer by an employee can justify the employer terminating the employment relationship without notice (Az.: 2 AZR 85/15).

In the case in question, a court employee made private use of his official computer. During a business audit in March 2013, more than 6,400 e-book, video, audio and image files were found on the computer’s hard drive. Additionally, a programme was installed on the computer with which one could circumvent producers’ copy protection. About a month later, the employee received an exceptional notice of dismissal with immediate effect, and alternatively or

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dinary notice of the employment relationship’s termination by way of a letter dated May 13, 2013.

The employee lodged an action for unfair dismissal in response to this. The courts of lower instance granted the action, but the BAG reached a different conclusion. The 2nd Senate of

3 Questions Every Bright Graduate Job Seeker Should Ask In An Interview.

To the Future

To the Future

A fresh graduate is often so fixated on trying to impress the interviewer and give the right answers,that heoverlooks the opportunity to get fewvitalideas about the position and the companyand to understand if he even need the job.

There are any number of questions that a bright graduate job seeker can think of asking at the interview. Ideally just 3 pertinent questions are enough to garner the right information and insight. They are alsoactually great accesses to lead into additional questions that may help clarify thingsfor an even better insight.

Therefore, besidesasking questions that are unambiguous to the corporation that would probably demonstrate yourinstinct and that you are sincerely interested here are the top 3 questions to help discover if the job indeed the most suitable one for you.

1. What Kind Of Challenges Can I Expect From This Position?

The answer to this question should give you a clear idea of on what you might be getting into, besides the chance to describe how

Docking Employee Pay for Rest Periods in California

As with so many legal issues, a determination as to when it is legally permissible to “dock” an employee’s pay for rest periods requires knowledge of the law and an analysis of the particular circumstances. This article highlights circumstances in which docking employee pay for rest periods in California is appropriate, as well as instances when it is unlawful.
California Code and Wage Orders on Rest Periods

Most employers understand that the law prohibits an employer from deducting various items from an employee’s wages. With respect to break time, for instance, Labor Code Section 226.7 (d) provides: “A rest or recovery period mandated pursuant to a state law, including but not limited to, an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health, shall be counted as hours worked, for which there shall be no deduction from wages. This subdivision is declaratory of existing law.” (Emphasis added). It is this prohibition which raises the question in many employers’ minds as to whether they can dock an employee’s wages for returning to work late from authorized rest periods.

The obligation to provide rest periods

Proposed Amendment to Legislation Setting up the Industrial Tribunal in Malta

 

The Maltese Government has recently requested the Attorney General to consult the social partners within the Malta Council for Economic and Social Development (MCESD), and prepare legal amendments aimed at strengthening the guarantees of independence and impartiality of the Industrial Tribunal.
On the 12th February 2016, the Constitutional Court upheld a ruling, which had been given last year in the First Hall Civil Court, in its constitutional jurisdiction. According to the said ruling confirmed by the Constitutional Court, the Law establishing the Industrial Tribunal is unconstitutional since this Law does not guarantee impartiality and independence and also includes several provisions in breach of the right to a fair hearing.

The Attorney General challenged the above-mentioned ruling. However, as mentioned, his appeal was rejected by the Constitutional Court, who confirmed the ruling by the First Hall Civil Court in its constitutional jurisdiction.

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, it is interesting to note that the case goes back to 2008, when the General Workers Union (GWU) had filed two cases against the Attorney General in the First Hall Civil Court in its constitutional jurisdiction.

The GWU argued that the Industrial Tribunal’s chairman was “biased” towards one party in the legal proceedings, especially with respect to cases involving

Company Pays Out 45K after Forcing Pregnant Woman Off the Job

 

Staffer told she had to prove she was capable of working.
It’s unfortunate that, in 2016, becoming pregnant can still be enough to land some women in the unemployment line.

However, it happens all the time.

Last year we brought you a story of a woman who was forced off the job after her boss heard a rumor that she was pregnant. After many months of legal wrangling, it seems that the company recently decided to cut its losses and settle the suit. The company will pay the woman $45,000, rather than have to face going to court to defend its decision to terminate a pregnant woman.

Because this worker fought back, you can bet that her former employer will think twice before it fires another pregnant staffer.

On the flip sid

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e, many women don’t fight back. What happens then? The consequences may have a wider impact than she realizes. That is, an employer who gets away with a potentially unlawful act once is likely to try it again.

Your Rights Under the Pregnancy Discrimination Act

That’s why it’s important for women to be aware of their rights under the law.

The Pregnancy Discrimination Act (PDA) applies to companies with

What Types of Compensation Can I Receive in a Workers Compensation Case

Workers’ compensation provides monetary and other benefits to workers who sustain work-related injuries or who develop illnesses because of their work. The availability f benefits depends on the nature of the illness or injury and state laws that govern workers’ compensation benefits.
Medical Benefits

Injured employees usually seek medical treatment. Treatment necessary to identify and treat the illness or injury is usually provided under workers’ compensation insurance. This may be from their primary care physician or a doctor selected by the employer, according to the workers’ compensation program rules. Such treatment continues until the employee has fully recovered or until the doctor believes that you have improved as much as you are able to improve.

Medical benefits usually include those expenses for doctor visits, surgeries and prescription medication. Assistive devices such as wheelchairs may also be covered. However, only generally acceptable medical practices are covered, and experimental therapies are not usually covered.

Wage Replacement

The primary benefit provided by workers’ compensation insurance is wage replacement income. The amount of benefits is usually determined by a state formula. Often, the amount of benefits is two-thirds the amount of the employee’s normal rate. The length and amount of benefits may also depend on the classification of

When Can My Employer Deny Workers’ Compensation

Workers’ compensation provides a system in which a person who is injured on the job can receive compensation for such injuries without having to sue his or her employer. However, not all claims are approved, leaving the worker injured and uncompensated.
Workers’ Compensation Process

When a person suffers a job while performing job-related tasks, he or she typically files a claim. The employer then conducts an investigation before it agrees to pay out benefits. Not every claim is valid or compensable. An employer who believes that the claim is not valid or compensable may deny the claim. There are a number of defenses that an employer may raise.

Not Covered by Insurance

Workers’ compensation does not necessarily cover every worker. Independent contractors are commonly exempted from coverage. Certain executives, domestic employees, agricultural workers or individuals covered under different policies may also be exempted from coverage. While this may not mean that the employer is not legally responsible for injuries, it may be adequate grounds to deny the workers’ compensation claim.

Failure to Provide Notice

Injured workers must provide notice to their employer when they suffer a work-related injury or develop an illness related to work. State laws establish a deadline by which the employee must

Tis the Season for Temp Workers But What Legal Protections Do They Have on the Job

Court decision considers who is liable for harassment: the temp agency or the client?
With December upon us, more and more temporary employees are helping businesses get through the holiday rush.
While working as a temp staffer can be a great way to earn money, many temporary employees may feel somewhat vulnerable in terms of basic workplace protections.

For example, temp workers who have to deal with potentially unlawful employment situations, such as harassment or discrimination, may not know where to turn to have their concerns addressed.

A recent court case underscored this issue. Let’s take a look at what happened and then discuss the legal ramifications for temporary staffers.

Targeted as Thieves

Several African-American temp staffers wer

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e assigned to help set up a new location of a retail store.

One of the men claims that the store management repeatedly accused him and other African-American workers of stealing merchandise. The employees denied the accusations, but the store owner replied that “[my] people wouldn’t do that.”

Several days into the assignment, the store owner’s mother directed two African-American staffers to finish out their shifts by attending to the garbage in the back of the store. One of the men asked

Should High School Football Coach be Fired for Praying After Games

School employee suspended after refusing to stop 50-yard line invocations.
The game was over at the high school football stadium outside of Seattle. Some team members headed toward the locker room, but others joined the assistant coach near the 50-yard line. The man knelt down in the middle of the throng, closed his eyes, and began his familiar post-game prayer for the last time.

“Lord, I thank you for these kids and the blessing you’ve given me with them. We believe in the game, we believe in competition, and we can come into it as rivals and leave as brothers.”

The assistant coach had been saying that prayer, or some variation of it, on the 50-yard line after every football game since he was hired in 2008. Players sometimes joined him, as did specta

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tors and even players and coaching staff from the opposing teams.

But a few weeks ago, someone made a call to the school board, and the assistant coach was ordered to stop his post-game prayers. He refused.

After the game on October 16, the man who had become an unintentional lightning rod in the debate over school prayer was placed on paid administrative leave.

Did

Workplace Bullying

A current and hot topic in corporate America these days is that of Workplace Bullying. Workplace bullying has become a very serious problem, affecting a large number of employees across the country. In fact, it not only affects the employees themselves that are on the receiving end of the bullying, but it also naturally affects morale within a company as well as the efficiency of an office.
According to The Workplace Bullying Institute, bullying is a “systematic campaign of interpersonal destruction that jeopardizes an employee’s health, career and the job the employee once loved. Bullying is a non-physical, non-homicidal form of violence and, because it is violence and abusive, emotional harm frequently results.”

To date, there are no federal laws that make the act of bullying illegal. Some states, for example, New Jersey, may have laws prohibiting bullying in schools, but have yet to apply a similar law to the workplace. Individuals on both sides of the issue may openly admit that legislating may not be the solution, but it could be and often has been one step in the

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right direction when it comes to regulating human behavior. That being said, if there are no laws currently

Poaching Eemployees Is Part of Free Competition in Germany

 

  • According to a ruling of the OLG Oldenburg (Higher Regional Court of Oldenburg), luring employees away from competitors does not constitute a violation of competition law (Az. 6 U 135/15).
  • A company requested that a competing firm be prohibited both from competing in its line of business and enticing employees. The 6th Civil Division of the Oberlandesgericht Oldenburg (OLG) rejected the request in the context of proceedings to obtain interim legal protection.

    The OLG held that enticing employees is a fundamental aspect of free competition. It went on to state that this would only amount to an anti-competitive infringement if the circumstances indicated significant dishonesty, which did not apply to the present case.

    The OLG had to rule on a case involving a dispute between two companies operating in the same industry. Two shareholders of one of the businesses had

  • sold their shares to a group of investors. In doing so, they undertook not to compete with the business carried on by the group and not to lure away employees. However, the two shareholders had another company with a similar scope of business. They had transferred this to their adult children shortly before the sale. The group of investors was not aware of this.

Can a Company Retaliate Against an Employee for Associating with an Employee who Complained

Can companies be held liable for retaliating against an individual who has a close relationship with a fellow employee who has engaged in obvious protected activity, but may not have engaged in protected activity herself? The short answer is, it depends on under what law the retaliation took place and how the phrase “close relationship” is defined.
Although the federal appeals courts were in agreement that a close relationship with someone who has engaged in protected activity under Title VII is not sufficient to permit a person who has not engaged in such activity to pursue a retaliation claim, it may not be so clear now. In fact, in 2010, the U.S. Supreme Court (the “Court”) granted review of the Sixth Circuit’s decision in Thompson v. North American Stainless, LP, in which the Sixth Circuit held that a third party cannot pursue a retaliation claim under Title VII where he has not personally engaged in a protected activity. In Thompson, the Court focused its analysis on (i) whether an employer violates Title VII’s anti-retaliation pr

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ovisions by terminating a fiancé of an employee who complained of discrimination; and (ii) whether the terminated fiancé may assert a Title

The Price of Not Hiring Women for Sought After Sales Jobs 1.5 Million

Well-qualified female applicants routinely turned away.
While many preconceived notions of “man’s work” and “woman’s work” have begun to deteriorate over the last few decades, there are still plenty of job categories that seem to break down along gender lines.

For example, you may sometimes notice more men doing jobs that require physical strength. While men may be more likely to apply for those kinds of positions, sometimes there’s something else at play.

Discrimination in hiring may preclude entire classes of people from being hired for positions that they may be qualified for. That means qualified job seekers may miss out on higher-paying positions or other perks such as better schedules or opportunities for advancement. Obviousl

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y, gender stereotyping can have a negative effect on both men and women.

Recently, one large U.S. employer found out what unlawful hiring discrimination can cost.

No Women Need Apply

Landing a service sales representative position at a national uniform company was a good opportunity. In that job, staffers were charged with handling all the customer contact for certain clients within specific geographic areas. People in these roles are largely considered the “public face” of the company.

Applicants had to undergo a thorough screening process. Successful candidates

Thousands of FLSA Lawsuits Filed by Workers for Unpaid Overtime and Other Labor Laws Violations

The Fair Labor Standards Act was passed by Congress to protect the rights of workers and ensure that they receive fair compensation from their employers. When companies fail to properly compensate their employees for their overtime work, they can be held accountable in court. In recent years, numerous FLSA unpaid overtime lawsuits have been filed by workers. A total of 7,964 FLSA lawsuits were filed in 2014, a 3.32% increase from the 7,708 cases that were filed during the previous year.
The Fair Labor Standards Act of 1938 (FLSA) is a law passed by Congress to protect the rights of workers and ensure that they receive fair compensation from their employers. Under the FLSA, all non-exempt employees must be paid time-and-a-half for any overtime hours they worked above the normal 40 hour work week.

When employers fail to properly compensate workers for their overtime hours, they could be held accountable for these actions in a court of law. Numerous FLSA lawsuits have been filed against U.S. companies for their failure to adhere to federal overtime laws or for committing other employment violations.
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company in Harris County, Texas filed a lawsuit in the Southern District of Texas for alleged FLSA

LAG Hesse Dismissal Without Notice Valid Due to Forged Sick Note in Germany

If an employee submits a forged doctor’s certificate for sick leave (Arbeitsunfähigkeitsbescheinigung), this may result in dismissal with immediate effect.
Employment law provides that an employment contract can be terminated without notice if the employee breaches his obligations to such an extent that it would no longer be reasonable for the employer to have to continue the employment relationship even until the next possible termination date under the ordinary rules for dismissal. Submitting a forged doctor’s certificate for sick leave can constitute a sufficiently serious breach of duty. That was the decision of the Landesarbeitsgericht Hessen (Regional Labour Court of Hesse) in its judgment of March 23, 2015 (Az.: 16 Sa 646/14).
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ork without providing any formal justification. After she was approached about the failure to furnish any certificates, she submitted manipulated doctor’s certificates stating that one of her children had been sick and she therefore had to stay at home. However, the paediatrician specified indicated that he had not had any contact with the woman or her children on the days specified. The employer subsequently terminated the employment contract with immediate effect and, in the alternative, with ordinary notice. The woman lodged an action for wrongful dismissal.

The

Company Pays Out $45K after Forcing Pregnant Woman Off the Job

Staffer told she had to prove she was capable of working.
It’s unfortunate that, in 2016, becoming pregnant can still be enough to land some women in the unemployment line.

However, it happens all the time.

Last year we brought you a story of a woman who was forced off the job after her boss heard a rumor that she was pregnant. After many months of legal wrangling, it seems that the company recently decided to cut its losses and settle the suit. The company will pay the woman $45,000, rather than have to face going to court to defend its decision to terminate a pregnant woman.

Because this worker fought back, you can bet that her former employer will think twice before it fires another pregnant staffer.
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e, many women don’t fight back. What happens then? The consequences may have a wider impact than she realizes. That is, an employer who gets away with a potentially unlawful act once is likely to try it again.

Your Rights Under the Pregnancy Discrimination Act

That’s why it’s important for women to be aware of their rights under the law.

The Pregnancy Discrimination Act (PDA) applies to companies with 15 or more employees. It is supposed

Does the Little Guy Really Stand a Chance Against a Corporate Giant

 

Jury awards former employee $31 million over discrimination claim.
Facing off against an employer, or a former employer, over a potentially unlawful issue can be a scary prospect. Companies may already have legal teams in place, and they may already have strategies for quickly shutting down worker lawsuits. And, of course, they may have deep pockets, which can seem like a powerful advantage during a legal fight.

The sole employee may feel as though he or she is in a vulnerable position.

However, a recent case shows that justice is not only worth fighting for, but it’s also possible to achieve—even against corporate behemoths.

Let’s take a look at how one worker recently won a massive victory against a big-box retailer.

A woman worked for a big box retailer as a pharmacist for 13 years and had a history of positive performance reviews.

The pharmacy in the store where she worked was extremely busy, especially during the summer months. In July 2011, she received a reprimand for not completing certain tasks before leaving work.

Not long after that, the woman began raising concerns that the pharmacy was understaffed and that some employees had not been adequately trained. She told management that she believed pharmacy customers could

LAG Hamm on Applying Fixed Terms to Employment Contracts in Germany

Employers have to be careful when applying fixed terms to employment contracts. A temporary employment relationship can quickly turn into a permanent employment contract.
Applying a fixed term to an employment contract cannot be based on a stand-in arrangement if the substituted employee’s employment contract comes to an end five months before the expiration of the fixed term and the employer still has no specific plans regarding the position. That was the decision reached by the Landesarbeitsgericht Hamm (Regional Labour Court of Hamm) in its ruling of July 2, 2015 (Az.: 18 Sa 91/15).

In the present case, an employee raised an action seeking to have her employment relationship continued. She was initially taken on by her employer as an intern, then as a temporary worker, a team leader and care supervisor, each time on the basis of fixed-term employmen

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t contracts. She most recently stood in for a colleague who had gone on parental / maternal leave. The colleague in question had also been on a fixed-term employment contract. This expired and was not extended. However, her substitute’s employment contract ran on for around another four months beyond that. The plaintiff thus no longer viewed the justification

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