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Golden parachute
Employers can follow the law by either adopting an existing benefit policy or creating a new standalone benefit that complies with the law. Employers looking to eliminate voluntary paid sick leaves should review their policies.
You must act immediately if you experience discrimination on the job based upon your nationality. A national origin lawyer is an expert in the field and can help you make a claim. This person can help determine whether you should file a lawsuit. They will also ensure that your case is filed within the applicable deadline. The next step in proving your claim is to gather evidence. These documents can include emails or disciplinary records, as well as employee files.
Our Philadelphia employment lawyers proudly represent workers of all backgrounds and industries in a variety of employment law cases. We are committed to preventing similar accidents from happening in the future by correcting the wrongs done to hardworking people.
FMLA claims
* Actions in class under the Wage and Hour Law
Employers that have ten or more workers must also provide sick time. The ordinance requires covered employers to allow eligible employees up to 40 hours of sick pay per year. Employers can provide more time than this amount. Philadelphia employees who are covered will be able to earn paid sick days from the start of their employment. One hour will be earned for each forty hours worked. This means that employees will need to wait 90 days before they can use their 40 hours of sick leave.
* Medical and family leave
* Accessibility for persons with disabilities
An agreement regarding confidentiality is one of the most important aspects to look out for in an executive employment contract. Senior management employees are often privy to financial and business information that could pose a risk to the company. While statutory trade secret protections usually protect such information, an executive employment agreement should outline specific confidentiality obligations.
Exclusions from overtime pay and minimum wages
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The laws also protect employees from illegal discrimination based sex, gender, nationality, ancestry and pregnancy. Harassment that is based upon a protected category, such as age, sex or national origin, is also prohibited.
Executive employment agreements cover compensation and benefits, equity grants and length of employment. They also often address termination. Most contentious of all the topics is termination provisions. In executive employment agreements, you should include a comprehensive termination clause. Here are some facts.
It is difficult to prove non-solicitation. It is possible to show that a former employee was actively looking for a new employer. However, it can be difficult to prove that they did not contact former clients or customers. Although ex-employees may give out business cards in some cases, it is unlikely that this constitutes solicitation.
* Retaliation
A key term in executive employment agreements is "devotion towards employment". This clause requires that an Executive devote substantial time and energy to the Company's duties. The Executive can't engage in any other employment or activity without the Company's prior authorization.
Many employers are responsible for ensuring their employees are treated ethically and fairly. However, some employers may take advantage of their employees to avoid financial responsibility - or because they think they can.
Clients have described us as open-minded, honest, professional, communicative, accessible, and aggressive. We will not tell what decision you should make in each case. Instead, we assist clients in making informed decisions by providing a legal analysis and factsual advice about their options as well as the possible consequences.
Remember that non-solicitation contracts have an expiration date. Courts generally view non-solicitation agreements with a longer term as being suspicious. If you are in the process to sell your company, it is worth signing a non-solicitation transitional agreement. This will prevent your company losing valuable clients or employees.
These clauses, which are often called non-solicitation provisions, aren't always enforceable. Liquid damages are growing in popularity. One example: If an employee steals customers of the company, a clause stating that he will not seek to sue may not be enough for him to take over the company.
The Lacy Employment Law Firm is aware that your work is vital to your family's well-being. Therefore, we take every step possible to protect your unique employment situation.
Employers cannot discriminate against employees who exercise their rights under the Fair Labor Standards Act (FLSA). Employers are required to pay non-exempt employees minimum wages of $7.25 an hour and overtime pay of one and half of their regular pay. There are exceptions. Employers may choose to hire employees who are not exempt to cut costs in certain cases.
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Even the most subtle discrimination can result in legal problems. It is possible for religious attire to conflict with company dress codes. Employers may also ask job applicants to remove their yarmulkes. A yarmulke forms an integral part Jewish religious practice. Also, religious clothing can be associated to a particular country or region. It may be considered discrimination due to national origin.
Despite receiving approximately 100,000 cases each year, only 18 percent of claims are responded to by the EEOC. The EEOC is less likely to pay compensation today than Law's lawsuit. The government must take immediate action to address racial discrimination at work and protect employees from discrimination.
Philadelphia has one the lowest minimum wage rates of any major U.S. city, so many people are struggling to make ends satisfy. Recently, Mayor Jim Kenney signed an ordinance to increase the minimum wage for certain city workers. The Consumer Price Index is used to calculate the new minimum wage.
Pennsylvania's overtime-pay rules require employers to pay employees 1.5 times their regular wage for each hour worked beyond forty-five in a work week. These amounts typically range between $12 and $18 per an hour. Many employers do not pay overtime as they claim their employees are salaried, and they work less than forty hours per week.
People from all walks of life have been helped with cases involving overtime violations, sexual harassment, wage and hours disputes, wrongful termination, and other issues. Let us help you protect your rights as an employee. We want you to do your best work. If you have been hurt on the job, our Philadelphia employment law lawyers can help. These difficult times do not have to be overwhelming.
Philadelphia's health insurance law does not require employers ask for a doctor’s certificate every time an employee takes a day off. Instead, employees are compensated for sick time according to how many hours they work. However, the law contains some nuances. Temporary placement agencies do not fall under the jurisdiction of the law. Employers can be affected by this. Employers may wish to consult an employment lawyer before making any final determinations about whether or no the law applies.
It is the lowest wage level in any large American city.
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False termination
According to the Pennsylvania Department of Workforce Development more than one-third of Philadelphians earn the minimum wage. This percentage is much higher for Hispanics, blacks, and those with no college degree. Philadelphia's minimum-wage workers are predominantly young and nonwhite. They also come in a variety of ages, with 62% of them under 25 years old, and 58% of prime working age.
Discrimination against people based on their national origin
An experienced employment law lawyer can help with a variety claims, including:
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Although some harassment cases will not be considered workplace racism, there are many others. Although a single incident of racially motivated assault or repeated use sexist terms won't create hostile work environments, multiple incidents will. Workplace harassment could include a hanging noose, which is reminiscent lynchings.
At the moment, the federal minimum wages are $7.25 and $7.25 for Philadelphia. However, the state legislature doesn't have the power or ability to increase it. Therefore, the minimum wage cannot be set by the city. But, Philadelphia may be able to modify it.
There are many uses for sick time, such as medical treatment for an injury or illness. Additionally, employees can use it to take care of a loved one or for long-term medical appointments. Employers cannot retaliate against employees who use sick leave.
An executive employment agreement may include a clause that provides a golden parachute. These clauses will kick in if the executive leaves the company. These clauses may be highly lucrative, but they can also result in companies not having enough capital to pay their top employees. Avoid golden parachute clauses, especially if you're an executive.
Employers have two options: adopt an existing policy, or create a standalone benefit that meets the law's requirements. Employers who want to eliminate their voluntary paid sick time should review their policies.
An experienced employment attorney can help with a range of claims, including:
Federal law bans discrimination based upon protected classes. These classes include race/religion, ancestry/color, and nationality. It also prohibits discrimination due to disability, age, and any association with members of these protected categories. Employers have a duty to treat all employees fairly in most cases.
How Much Does an Employment Attorney Cost?
Although different cases warrant a different fee structure for typical employment related legal matters, your employment attorney will take 40% of the settlement amount. You won�t see this number stated on very many websites, but we believe in transparency for our employment law clients. The reason for this number is simple. We take all the risk. We will front your expenses and take the risk of losing everything if we do not get you a settlement or verdict at trial. Further, we go against the best. Unlike personal injury attorneys, we are up against attorneys for big corporations with unlimited resources in employment related litigation. Fighting workplace discrimination is hard. But we relish the challenge and fight to achieve the best results in the employment matters that we pursue.
Are Philadelphia Lawyers Aggressive?
Employment and labor attorneys in Philadelphia, PA tend to be aggressive. Even securing legal counsel for a wrongful termination suit can be challenging due to the overwhelming volume of employment litigation in Philadelphia, PA. When you�re fighting to enforce federal civil rights laws and stop workplace discrimination, large companies take notice. But just because large companies and their employment law attorneys are aggressive, does not make sure you should be scared. The bigger they are, the harder they fall. And we have a proven track record of taking on Goliath.
What Questions Should I Ask an Employment Lawyer?
Here are some questions that you should ask. How long will my case take? Am I better off settling early? Will you drop my case if we do not settle after the EEOC process? Have you handled this type of case before? How much of your practice is devoted to employment law?