Blog Posts - Employment law (employee)
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
