Morcom Law Legal Blog
Can I Be Demoted or Have My Hours Reduced as a Form of Retaliation?
The Equal Employment Opportunity Commission (EEOC) explains that retaliation is an unlawful employment practice that occurs when an employer takes adverse action against an employee because he or she exercised a legally protected workplace right. Any adverse action could potentially support a retaliation claim, including a demotion or reduction in...
What are the Requirements for Employee Privacy in the Workplace?
Employee privacy in the workplace is protected by a combination of federal laws, state regulations, and company policies. Employers must balance their need to monitor operations with respecting personal boundaries. Here, our Hershey business and employment attorney provides an overview of employee privacy requirements in the workplace in Pennsylvania. Background:...
What to do if you receive an EEOC charge of discrimination notice
As an employer, there are federal and state standards that you must adhere to. Creating a safe work environment free from dangers and hostility is expected; however, instances of an unsafe or hostile work environment could result from conditions out of their immediate control. Employers have processes in place to...
Is communication the key to good estate and financial planning?
Many people in Pennsylvania who are getting ready to start the estate planning process get caught up in trying to determine which documents are right for their plans. One of their top concerns involves how to best save their family members from any hassle when the documents are implemented after...
What to expect after filing a wrongful termination claim
No one expects to be fired from their job. The news often comes as a shock; however, an employee may have an underlying fear that an employer terminated them as retaliation. The cause or reason may or may not seem clear at first, but having this understanding could bring light...
Can I help mitigate claims with a harassment policy?
A comprehensive sexual harassment policy serves several key functions. The first is legal compliance. It ensures adherence to federal and state regulations, including the Pennsylvania Human Relations Act and Title VII of the Civil Rights Act of 1964. The second is a positive workplace environment. It contributes to fostering a...
Does my job have to give me time to express breast milk?
If you are a breastfeeding employee in Pennsylvania, it is essential to know that you have specific rights to support your needs during the workday. Both federal and state laws provide protections that ensure you have the necessary accommodations to express breast milk while continuing your employment. Break time for...
Should you add a trust to your estate plan?
Although a will is an important piece of an estate plan, a trust could be beneficial for you as well. Contrary to what you might believe, trusts are not only for people with significant assets or income. Before you decide if setting up a trust is right for you, it...
Don’t be silent if your workplace is unsafe
Pennsylvania employers have a legal duty to provide their employees with a safe and healthy work environment. This means addressing any workplace hazards and providing employees with proper training and adequate equipment that allows them to do their jobs safely. Physical hazards include slippery floors, broken stairs or elevators or...
Am I a victim of workplace retaliation?
Everyone experiences problems at work. But it can be hard to know if the problems are legitimate or if you are a victim of workplace retaliation. The word retaliation gets used a lot when an employee has a bad work experience. But retaliation is more than your employer not treating...
What happens if my employer breaks their code of conduct?
A code of conduct in the workplace outlines the expected behaviors and ethical standards within a company. It serves as a guide for all members of the organization, including the employer. But, what occurs when the employer themselves violates this code? This question is particularly pertinent within the context of...
How can I fight against EEOC sexual harassment claims?
Sexual harassment is a critical workplace issue that can have serious legal and financial repercussions for Pennsylvania businesses. The Equal Employment Opportunity Commission enforces federal laws prohibiting such harassment. And, there are effective strategies for local businesses to address and combat EEOC sexual harassment claims. Understand the law First and...
Now that the FTC has axed non-competes, what can I do?
On April 23, 2024, the Federal Trade Commission issued a landmark rule effectively banning non-compete agreements nationwide. This rule has profound implications for employers, including those in Pennsylvania, where non-compete agreements were previously enforceable under specific conditions. Impact on Pennsylvania employers The new FTC rule prohibits employers from establishing new...
Pennsylvania lawmakers address state wage laws
Many high-profile Pennsylvania employment disputes have centered on harassment, discrimination, wrongful termination and other forms of mistreatment. In many cases, these disputes boil down to a problem with wages. Addressing wage disparity has long been an objective of employee advocates and legislators. Recently, the Pennsylvania House of Representatives passed the...
Tips for building a successful workplace discrimination case
Workplace discrimination can leave you feeling cheated out of your job and your career. Yet, a lot of people who are subjected to discrimination at work fail to recognize it as wrongdoing on the part of their employer. Instead, they take their employer at their word when it comes to...
Can I remove a personal representative?
Being a personal representative for an estate in Pennsylvania involves many responsibilities. The best qualities for a personal representative to have include being responsible, dependable, organized and trustworthy. Additionally, a personal representative must be loyal to the estate’s heirs. A personal representative has a fiduciary duty to the heirs, which...
What should you know about disability discrimination and the ADA?
Most of our readers in Pennsylvania know that the Americans with Disabilities Act protects employees and potential employees from discrimination based on mental or physical disabilities. But, how does that type of discrimination occur? What is a disability? And what does the ADA do to attempt to prevent disability discrimination?...
What discrimination protections does PA provide to employees?
Pennsylvania’s stance against workplace discrimination is robust. This mirrors federal laws, but at the heart of the state’s anti-discrimination framework lies the Pennsylvania Human Relations Act. The PHRA safeguards employees across various domains, such as employment, housing, commercial premises, education and public accommodations. Pennsylvania law The PHRA delineates protected classes,...
How a code of conduct can protect your business
Although harassment and discrimination continue to be a problem in Pennsylvania’s workplaces, there are steps that you can take as an employer to protect your employees and yourself from legal action. For example, you can provide your employees with routine training on discriminatory and harassing behaviors so that they know...
Are you ready to serve as a personal representative or trustee?
The estate planning processes not only requires an individual to consider the future and how best to ensure their wishes are protected after their passing, but it also places much trust in specific individuals. Naming a personal representative and a trustee are likely necessary steps to take; however, they are...
Signs your employer has violated your FMLA rights
If you’ve worked for your employer for the last 12 months, your employer has at least 50 workers, and you’ve worked at least 1,250 hours over the last year, then you qualify to take protected leave under the Family Medical Leave Act (FMLA). Yet, all too often employers deny leave...
Getting started with estate planning
Estate planning is something that can be easy to put off for various reasons. No one likes to think about dying and leaving their loved ones behind. Additionally, estate planning may seem complicated and overwhelming. However, following these few simple steps can help you get started with your estate plan....
Signs of age discrimination in the workplace
Our careers provide us with a sense of fulfillment and stability. Many of us have jobs we enjoy and plan on staying at until we retire. Therefore, it can be disheartening to suddenly find yourself being treated differently. You may wonder if you have done something wrong and be confused...
Discussing estate planning with your parents
For many adult children, there will come a time when they will care for their parents. This role reversal may be the result of an illness, serious injury or because they are elderly and nearing the end of their life. While these are all reasons to initiate a conversation about...
How do I respond to retaliation in the workplace?
If you speak up in the workplace and report wrongdoing, you may face retaliation. Workplace retaliation happens when your employer takes an adverse action against you for reporting. Retaliation examples There are several examples of retaliation to be aware of. These include termination or demotion for participating in protected activity,...
Was I wrongfully terminated from my job?
With the year coming to an end, no one wants to celebrate the coming year with a job loss. While there are terms and agreements that go into each hire, the reality is that being terminated is not always straightforward or an unconstrained right of an employer. A wrongful termination...
Local grocery store chain sued for violating ADA
The Americans with Disabilities Act (ADA) provides many important protections to employees. One of these is forbidding employers from requiring employees to undergo medical examinations or answer questions that are designed to determine if they have a disability. Weis, a local grocery store chain, was recently sued for allegedly violating...
The basic building blocks of an estate plan
Many people in Pennsylvania who are looking into estate planning begin with the same question: Where do I start? Anyone who has done even a cursory bit of research probably knows that there are plenty of options to consider when it comes to estate planning – but what you ultimately...
Keep estate administration in mind when creating an estate plan
Being named as a personal representative for a loved one’s estate may feel like an honor; however, it is a role that needs to be taken seriously, as it requires numerous serious tasks and decisions to be made. Estate administration is not always straightforward and smooth sailing. It could easily...
What should a severance agreement include?
Pennsylvania is an at-will employment state, which means that as an employer, you do not necessarily need a reason to terminate an employee, so long as your reason does not violate laws against discrimination or other restrictions. However, terminating employees is rarely easy and there are some things that may...
Avoid these mistakes in your severance agreements
Severance agreements are commonly used when employees leave a company. A severance agreement is a contract between you and your employee that dictates the terms surrounding their leaving. A severance agreement usually provides the employee with a benefit, such as a payout, in exchange for releasing your company from future...
Many Pennsylvania residents work in the deadliest jobs
Some of Central Pennsylvania’s larger industries include forestry work and jobs related to hunting and fishing. According to a recent article, these industries rank as the deadliest and second deadliest in the country. This ranking is based on the number of fatalities per 100,000 workers in the industry. Not surprisingly,...
What is a hostile work environment?
Many Americans working full-time spend at least 40 hours a week in the workplace. That is why it should come as no surprise that these workers generally want their work environment to be pleasant. While that may be their hope or expectation, often times, a colleague or employer can intentionally...
Understanding ADA violations in the workplace
The Americans with Disabilities Act (ADA) prohibits an employer from discriminating against an employee based on their disability. The ADA is intended to support equal opportunities in the workplace and requires that employers with 15 or more employees provide reasonable accommodations for disabled employees. A reasonable accommodation might be something...
Proving wrongful termination can be challenging
Losing a job is a devastating experience for most people. For many of us, our jobs are more than just a paycheck. They allow us an opportunity to use our skills and knowledge, as well as provide us with a daily purpose and social interaction. A job loss is even...
What is the difference between an employee and an independent contractor?
Many people, in casual conversation, refer to anyone doing work for a company as an employee. Technically; however, not all workers are considered employees. Some workers are classified as independent contractors and are, therefore, not entitled to the same benefits as workers classified as employees. Employees vs. independent contractors Employees...
Tips for creating a will in Pennsylvania
A will is a type of legal document that provides details on how you would like your assets to be distributed after your passing. Therefore, ensuring you are compliant with your state’s requirements to execute a will is an essential part of the estate planning process. If the court determines...
Do you know how to avoid disparate impact discrimination?
Workplace discrimination claims are as common today as they have ever been. Workers are becoming more aware of their rights, which means that you as an employer need to do everything you can to ensure that you’re abiding by the law and protecting those workers’ rights, otherwise you might...
FMLA eligibility and common disputes
The Family and Medical Leave Act (FMLA) provides leave to eligible employees who need time away from work for family and medical reasons. The leave time isn’t necessarily paid, but the employee’s job is protected while they are exercising their rights under the FMLA. FMLA eligibility To qualify for FMLA,...
Pennsylvania lawmakers investigate employment age discrimination
In Pennsylvania, when allegations of workplace wrongdoing are made, it is automatically viewed as being due to harassment, racial discrimination, gender discrimination and other common complaints in the current climate. However, there are many other ways in which people can be discriminated against on the job or when seeking employment....
Can Pennsylvania employers make tip pooling mandatory?
When servers at a restaurant or stylists at a salon earn tips, they sometimes agree to combine their tips in a pool and share them equally. Tip pooling is common in the service industry. But can an employer require workers to combine their tips in a tip pool, even if...
Helping you with your estate administration
When creating an estate plan, many are concerned about the contents of the documents included, and for a good reason. What is memorialized in your estate plan will designate how your estate is administered. Whether you drafted your estate plan to avoid probate or not, it is important to consider...
What should employers know about legally terminating employees?
In recent years as employment law and disputes about various issues have gotten more attention from the media and the public, employers are cast as being in the wrong. In truth, employers have rights too and that include deciding if they want to keep an employee or dismiss them. For...
What are my rights if I am legally disabled?
The Americans with Disabilities Act, or ADA, protects people who have a disability. Among other things, the ADA prevents employers from unlawfully discriminating against disabled employees and job applicants. The ADA applies to employers with 15 or more employees. To qualify for protection under the ADA, a worker will most...
NLRB decision means you need to check your severance agreements
Employers focus on their customers, their employees and their bottom line. Part of this trifecta are the various business agreements that intermingle among them, which unfortunately can include severance agreements, especially these days. However, a recent decision by the National Labor Relations Board should put Lancaster County business owners on...
Watch out for these common estate planning mistakes
I t is never too early to set up an estate plan, and doing so is a wise and responsible decision. As you begin setting up your plan, there are some common mistakes that you should avoid. An estate plan is more than just a will Remember to think broadly....
Employment laws to protect employees in Pennsylvania
Pennsylvania has many laws that protect you as an employee in case your employer does something that is illegal or that seems unethical and unfair to you. For example, if you have been terminated from your job and you don’t understand why or feel that your employer was not justified...
Defending against wrongful termination
Losing a job can be a painful experience for anyone, whether they are fairly new to the company or a seasoned employee with decades of experience. Many terminated employees quickly move onto other opportunities, but some may have a more difficult time letting go. Some employees may even be angry...
Workplace sexual harassment victims obtain some rights
There have been more sexual harassment lawsuits against employers over the last several years as this misconduct became publicized. But nondisclosure clauses and forced arbitration agreements allow this problem to continue in many cases by compelling victims to remain silent. Federal laws Employment law for employees was strengthened with...
What are common reasons that people challenge wills?
When people lose loved ones in Pennsylvania, it can be a very difficult time for the family. They will certainly have a period of grief as they figure out how they will move on without the loved one in their lives. However, during this time, they will also need to...
Key Pennsylvania employment laws for workers to know
If you are working in Pennsylvania, there are laws that protect you as an employee. Across the United States, the employment laws are similar although there are some subtle differences among the states. In the state of Pennsylvania, the minimum wage is $7.25/hour. When it comes to overtime, the law...
Can I refuse to work if my job site is unsafe?
Many workplaces in Hershey can present dangers, and it is up to employers to ensure their workers are kept safe from workplace hazards. For example, railings must be installed on platforms and staircases, protective clothing and hard hats must be worn when needed, and hazardous waste must be properly contained....
Illegal reasons for termination in Pennsylvania
Under at-will employment laws, employers have the right to terminate an employee for any legal reason. A legal reason does not always mean a fair one or one that makes sense. An employer may choose to fire you just because they do not like your personality. Employees, however, are not...
Pennsylvania strengthens tipped worker rules
Restaurants and taverns are reopening with the economy. Tipped workers in those business, fortunately, also have greater wage rights. Tipped employees On August 5, 2022, tipped employees in Pennsylvania received additional employment law protections. These protections are important because employers can reduce tipped employees’ wages from $7.25 to the tipped...
Sexual favoritism in the workplace
Responsible employers know about sexual harassment, generally, and they likely have policies in place to avoid it. However, some employers may not know about the other side of the sexual harassment coin, sexual favoritism. A type of sexual harassment Sexual harassment, generally, is either quid pro quo or hostile environment,...
What is Act 72 and how does it impact construction workers?
In Pennsylvania, the construction industry has long had trouble with employers taking advantage of employees. Offering a job for cash may be enticing, but it can deprive workers of the full pay they are entitled to. The Construction Worker Misclassification Act – Act 72 – went into effect to prevent...
What is employee misclassification?
It is important that workers in Pennsylvania are properly classified as either employees or independent contractors. This is because employees enjoy rights and benefits that independent contractors do not. A worker is considered an independent contractor when they control the terms of when and how they perform their jobs and...
What will happen if I die without an estate plan?
If a Pennsylvania resident dies without an estate plan, then the law of this state spells out what will happen to their property. These laws, which are sometimes called intestate succession laws, do not just apply when a person left no estate plan. They also apply if a person’s only...
Retaliation can apply in multiple workplace discrimination claims
For many, workplace discrimination evokes a scenario in which an employer terminates, refuses to hire or promote or denies an employee a work-related benefit solely on account of an individual’s race, sex, national origin, color or religion. The most common complaint filed with the Equal Employment Opportunity Commission (EEOC), however,...
Severance agreements can make terminations go smoothly
When a Central Pennsylvania employer has to make the difficult decision to let an employee go, they should consider offering a severance agreement. Severance agreements are not mandatory under Pennsylvania law, so companies do not have to offer them. However, severance agreements do offer some mutual benefits. For employees, they...
After filing an EEOC charge, the next steps can take months
When we think about discrimination lawsuits, some may think about victims finally getting the justice they deserve. However, what many Lancaster County and York County residents do not realize is that the wheels of justice are often slow, even at the United States Equal Employment Opportunity Commission. Step 1 If...
There is a way to resolve discrimination charges faster
Regardless of how long you have been in business, accusations of discrimination are hurtful and, potentially, extremely expensive, regardless of whether there is any truth to the allegations. This is because central Pennsylvania area (Lancaster County, York County, etc.) discrimination litigation can last years and costs thousands, even hundreds of...
Software tools can contribute to disability discrimination
Expanding opportunities for individuals with disabilities requires employers to navigate numerous issues: interview questions, providing for reasonable accommodations upon an employee’s request, and maintaining confidentiality. Businesses, however, continue to incorporate technology to expedite and reduce the costs of almost every employment decision. The collision between software tools important for business...
Do not assume salaried workers don’t get overtime
It is a common misunderstanding that salaried employees just do not have to be paid overtime. While a Pennsylvania employer’s decision to pay a flat salary is one requirement, an employer has to be sure to satisfy all legal conditions before declaring an employee exempt from minimum wage and overtime...
Have you been asked illegal questions during an interview?
Employment law seeks to keep workers safe from harassment and discrimination throughout every aspect of the employment process. This includes when it comes to filling out applications and interviewing. If you left an interview thinking that you were asked some pretty personal questions, and you ultimately did not get the...
Employers must be proactive to avoid pregnancy litigation
Running a business is complicated, but it can be rewarding. Indeed, being a successful entrepreneur is the American dream. Unfortunately, being the boss also means, eventually, hiring employees, and with employees come additional complications and requirements. This includes those pregnant employee requirements in Hershey, Pennsylvania. Broad prohibitions When making policy...
Seven tips for defending against your employer’s adverse actions
Regardless of its true reasoning, your employer is always going to have what it considers to be a valid justification for making an adverse employment decision. Therefore, if your employer demotes, reassigns, or fires you, then you can expect that their stated reasons for doing so are legal. How to...
Protecting a family farm with an estate plan and succession plan
Owning and operating a farm is not uncommon in Pennsylvania. For many, they seek to keep the farm in the family. While creating an estate plan is an excellent way to help memorialize these wishes, this is not the only way to create this protection for one’s farm. Succession planning...
How does probate work?
Estate planning issues continue after a person dies and their assets undergo distribution. Pennsylvania law requires probate to assure the proper and efficient distribution of estate assets and the protection of beneficiaries and creditors. Probate The probate and estate administration process takes place when a person dies, and they owned...
Why do you need to update your employee manual?
Most Hershey area businesses understand the importance of an employee manual. A thorough employee manual is often one of the most important documents for your business. There are many important purposes the manual covers, including: Communicating expectations and policies Introduce the culture of your company Reference document for the organization...
The WARN Act: What is the employee job loss notification period?
In Pennsylvania and across the United States, many people are understandably concerned about their job status. The economy has been challenging and many businesses are struggling. Since Pennsylvania functions under at-will employment, many workers can simply be terminated from their job without warning. They can also leave the job without...
When will a worker be classified as an independent contractor?
It is important that employers in Pennsylvania properly classify workers as either employees or independent contractors. This is because employees have rights to employment-based benefits including health insurance and retirement benefits, as well as rights to unemployment benefits and workers’ compensation insurance that are not afforded to independent contractors. What...
Understanding the criteria for FMLA
Many employees are eligible to take leave under the Family and Medical Leave Act, also known as FMLA, but they may not understand what criteria must be met in order to qualify. Family and Medical Leave Act (FMLA) FMLA is available to employees who work for public agencies and private...
Understanding the law of wrongful termination
Pennsylvania is known as an “at will” employment state. This means that, in the absence of a written employment contract signed by both parties, the relationship between an employer and an employee exists at the will of each of the parties; the employer can fire the employee at any time...
Why your business should be using progressive discipline
Although much of owning a business is about increasing market share and maximizing profits, true success also requires you to implement risk mitigation strategies. If you can reduce or eliminate the possibility of being found legally liable for damages caused to other parties, then you can ensure that your business’s...
Basics of the Family and Medical Leave Act
Many people in Central Pennsylvania know that there are some family commitments that require a person to be away from work for a considerable period of time. However, the worry for employees to take a long leave is job security. Fortunately, federal laws protect such employees through what we know...
What are the duties of an estate’s executor?
You might have heard the term “executor” when it comes to estates and estate planning. Maybe you were chosen as the executor of an estate yourself. However, that does not necessarily mean that you understand everything that is involved with being an executor. What is it that an executor must...
