employment & labour law
l a b o r d i s p u t e l a w y e r
You can file a complaint if you are an employer in Philadelphia against a client, or even a former employee. The Philadelphia Wage Theft Coordinator can handle your complaint. The Philadelphia Wage Theft coordinator will review your complaint and notify you. The employer must respond by providing all records regarding hours worked and amounts paid to third parties.
Philadelphia sets a minimum hourly wage of $7.25 for workers. This wage is slightly less than the federal minimum. Despite this low minimum wage, many Philadelphians are paid far less than what the federal minimum wage. This does not improve the state's unemployment rates and increases the city's level of need.
The law allows employees to use their sick time for personal or family reasons. They may require reasonable documentation if they have to take off more than 3 consecutive days. Employers must give written notices to employees about their rights under the law and their responsibilities.
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We also offer our services to Pennsylvania employers.
Philadelphia employers should review their policies to determine if they are in compliance with new laws. The policies should cover issues such as how sick leave is accrued, compensation for sick time and when employees can claim paid sick leave. They should also inform employees that they have the right to file a complaint against their employer or file a civil lawsuit if they feel they have been treated unfairly.
Employers who have ten employees or more are required to offer paid sick leave. Eligible employees can accrue up 40 hours of sick leave each year from covered employers. Employers are allowed to offer employees more than the minimum amount. Philadelphia's covered employees will begin to receive paid sick leave upon starting their employment. Each forty-hour worked hour, employees will receive one hour of paid sick leave. This means it will take the employee 90 days for their full 40 hours of paid sick time.
* Medical and family leave
Discrimination based on race or color is prohibited by both state and federal laws. There are differences between state laws regarding how to determine whether racial bias has occurred or which agencies to contact. The deadlines for making a claim can be very tight, so it is important to act quickly to avoid any legal consequences.
* Breach of contract
Whistleblowers
We assist employees and groups of workers with workplace claims and challenges. You have rights, whether you are being wrongfully paid, subject to workplace harassment, discrimination, or facing wrongful termination. We have represented hundreds upon hundreds of employees in negotiations, mediation, arbitration, litigation in federal courts and state courts. We are passionate, knowledgeable and experienced employee advocates who can help you understand your rights so that you can make informed decisions about your case. Contact our Philadelphia employment lawyer today.
Employees may use earned sick leave for family and personal reasons under the law. If they are absent for more than three days consecutively, however, they will need to provide reasonable documentation. Employees must be given written notice by employers about their rights and responsibilities under the law.
Employers must not only provide paid sick time for employees but also post a sign stating their sick leave policy. The notice must be posted in English and any language spoken by 5% of employees. Employers must also give adequate notice to their employees in their handbooks. If they don't have employee handbooks, they will need to give written notice. Information such as hours worked by employees and amount earned in a given year should be included in the notice.
Employers can request a doctor’s note from an employee who is sick if the law is consistently applied to all employees. Employers should limit their requests for doctor's letters to confirm that employees are receiving healthcare, but not to diagnose illness. Employers should investigate local and state laws regarding paid sick leave to find out which regulations are applicable.
Employers must also provide paid sick days to their employees. This notice must include a translation in English or any language that is spoken by at least 5% of the workforce. Employers must also ensure that employees are given adequate notice through employee handbooks. Employers are required to provide written notice to employees, even if they don’t have handbooks. The notice should include details such as how many hours the employee worked and what amount they received in a single year.
Philadelphia has the ADA as well as an antidiscrimination ordinance. It is dependent on the facts and available remedies that you choose which law to file. A Philadelphia employment disability discrimination lawyer may be able help you identify which laws could apply to you. Employers must make reasonable accommodations that allow disabled employees to do the essential functions.
Pennsylvania's law on paid sickness time requires employers to provide sick leave to employees who have ten employees or more. Employers must provide sick time for workers who work less than 40 hours per year. The law does NOT apply to workers hired for less six months, independent contractors or seasonal employees. A collective bargaining agreement does not cover adjunct professors and workers.
Philadelphia's poverty problem is especially serious, despite the fact the United States has lower rates of poverty than its suburbs. According to a Pew Research Center report, Philadelphia is tied in terms poverty with Pittsburgh (and 12 other large-sized cities). A household with two members would earn less than $15,000.80 per annum to be at the bottom of the poverty ladder. Many of these people work low-wage jobs, such as chefs, cashiers, and nurses aides.
employment & labour lawb e s t d i s c r i m i n a t i o n a t t o r n e y
These laws prohibit discrimination on the grounds of disability. Employers cannot discriminate against anyone based upon their age, race, national origin, gender, or sexual orientation. Employers are also prohibited from discriminating on the basis of sexual orientation or political affiliation.
A good reason clause should give reasons for the employer to terminate the contract. It doesn't matter if the reasons are professional, personal or business-related. A good reason clause is necessary. A good reason clause permits employees to notify the employer of their intention to terminate before the termination date.
Pennsylvania's overtime payments rules require that employers pay employees at least 1.5x their regular pay for hours worked more than 40 hours per week. These amounts generally range between $12 an hour and $18 each hour. Many employers don't pay overtime due to the fact that employees work less then forty hours per week.
Past clients have described our attorneys' honesty, professionalism, communication, transparency, and accessibility. We will not tell clients what decisions they should make in their particular case. We are able to help clients make well-informed choices by providing them with a legal, factual and advisory analysis as well as advice on their options.
It is difficult to prove the non-solicitation of an employee. Although it's possible to prove a former employee is actively looking for a job, it is more difficult to show they haven't contacted clients or customers. Ex-employers might give out business cards to former clients, but that is unlikely to be considered solicitation.
* Discrimination due to race, color or gender, LGBT status, identity, national origin or religion, age, disability, or any other characteristic
OCR enforces a number of Federal civil rights laws. These laws prohibit discrimination at work and in educational settings. These laws also apply programs and activities offered by state education authorities. Title II of Americans with Disabilities Act prohibits discrimination based in disability.
A golden parachute can also be part of an executive employment contract. This version is more generous and may include equity, stock options or other benefits.
Tip-pooling is permissible in Pennsylvania provided tip-generating duties are at least 80 percent. Federal regulations stipulate that tip-pooling must not be used to justify not paying minimum wage. Supervisors and managers cannot tip-pool.
Philadelphia's minimum wage is only part of the equation for poverty reduction. The minimum wage does not just affect the amount of money a worker makes, but also the hours they work. Multiple studies show that raising minimum wage is not only good for the economy, it also helps to keep young people from the streets.
A golden handshake can be included in a executive employment agreement that includes a golden parachute. This is a generous version of the gold parachute that may include equity or certain stock options.
* Defamation and Interference with Contract
Employers often use gold parachutes to attract high-ranking employees. Most top executives seek security, especially when the company is vulnerable to mergers or acquisitions or has high turnover. This can be a way to attract high-ranking executives to a company. Additionally, executive may be more open to staying in a company that offers a golden parachute than one that does not.
A causal connection must be established between an employee's national origin and the adverse employment decision in order to prove that discrimination is occurring. Employers are responsible for the proof if the causal connection can be established. The employer must first give a valid, non-discriminatory reason. The employer must then provide evidence that the reason given by the employer is false.
We have represented people from all walks of the spectrum in overtime violations, cases involving sexual harassment, wage and hour disputes, wrongful terminating matters, as well as other issues. Let us protect your rights and advocate for you as an employee. Because your work is our work, we are always there to help you uphold the rights of employees. If you have been injured at work, the Philadelphia employment law attorneys are available to assist. These tough times are not your only ones.
These clauses may be used by some companies in order to lessen the threat of hostile takesovers. However, these clauses may not be suitable for everyone. A golden parachute may be able to protect a company's assets against being taken by a potential buyer, but it can also lead to dissatisfaction from existing employees. It's important that the clause is limited in scope and balanced with its potential benefits and disadvantages.
A disability is an actual or perceived impairment in one or more of the following activities: This includes impairments affecting sight, hearing, and mobility. It can also cover mental and emotional conditions. This law applies to people who have a history of disability like cancer or bipolar disorder.
Philadelphia has the lowest minimum wages floor in America. While voters approved a ballot initiative to increase the minimum wage floor from $15 an hour to $15, the state prohibits local governments from increasing the minimum wage. Pennsylvania is one 27 state that has pre-emption laws which prevent local governments raising the minimum wage. Philadelphia has less than half the minimum wage earners who are full-time employed. They are predominantly Hispanic, non-white, young, and female.
* Discrimination on the basis of race, color, gender or LGBT status or identity, nationality, religion, age or disability
How do I Recover My Lost Wages?
There are a lot of different practice areas for employment related disputes. Although wage loss might be considered labor law, we handle these types of issues. The Fair Labor Standards Act protects you from your employer stealing your wages. Also, like state anti discrimination laws, PA has anti-wage theft laws that protect you. Wage and hour claims comprise a good portion of the legal issues that we see. Let us help you recover your unpaid wages.
What Other Types of Employment Law Claims Do You Handle?
Employment law is much more than workplace discrimination. You might need legal counsel to help with employment agreements, contract negotiations, or a severance agreement review. There is also law that applies specifically to public sector employees. New Jersey employment laws differ from Philadelphia employment laws. And there are aspects of business law with an employment element as well. Perhaps you saw some illegal activity at work, then you can bring whistleblower claims. Did you suffer a personal injury at work? Then you have a workers compensation claim. Maybe your employer is accusing you of breaching a non-compete agreement or taking trade secrets with you to a new company. You will definitely need us in this case. There are so many different aspects of employment law. Give us a call and find out.