employment law
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We at The Lacy Employment Law Firm understand that your livelihood is dependent on your employment. This is why we will do our best to help you and your family.
Employers have a responsibility to take reasonable measures to protect employees and job seekers. This is your duty. If they are not protected, you can be found guilty either of a violation of your employment contract (or a claim for constructive dismissal). Public sector organizations are also responsible for protecting workers from discrimination.
A termination clause for an executive employment contract should clearly describe the conditions of termination. Also, the amount of severance compensation if the employee doesn't perform the job. The termination of an executive without payment for severance is a breach in contract. It could lead to a lawsuit.
We help employees, and groups of employees, with workplace issues and claims. Your rights are protected, whether you have been unfairly paid, suffered harassment or discrimination in the workplace, or face a wrongful firing. We have represented hundreds on behalf of our employees in negotiation, mediation and arbitration as well as in court proceedings in federal and state courts. We are knowledgeable, passionate and experienced advocates for employees. Contact our Philadelphia employment lawyer today.
Every client is unique, so we adapt our advice to suit your needs. Our team is committed to putting clients' interests first. We provide honest and trustworthy feedback that is easy for clients to understand and implement. We will keep you informed about your case's progress and keep you up-to-date on all developments. You can reach your attorney direct if you have any questions. Our attorneys are available to email, text or talk to clients depending on their preference.
* Illegal wage deductions
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The United States has made discrimination against people with disabilities illegal. Employers are not required to offer disabled persons preferential treatment. Employers can select the best candidate based upon their qualifications. Only exceptions to this rule are when the disability places a significant burden on the company.
Employers are prohibited from discriminating against disabled employees, regardless of their ability to pay. These laws also prohibit discrimination based upon sex or gender identity. Additionally, these laws prohibit discrimination against pregnant or nursing women and those with certain disabilities from receiving certain benefit. Employers can't publish or circulate ads discriminating on the basis for disability.
Employers must provide sick leave policies and posted notices to inform employees that they are providing sick time. The notice must be available in English as well any language that is commonly used by 5%. Employers are required to give sufficient notice to employees through their employee handbooks. Employers who don't have handbooks must provide written notice to their employees. Notifications should contain information like the number of hours an employee worked and how much they earned over a calendar year.
You could face severe consequences if you don't comply
In less than six months, Pennsylvania's minimum salary for exempt employees will surpass the federal minimum standard. Pennsylvania's overtime pay and state minimum wage rules were established in 1968. Pennsylvania follows the federal minimum wage standards and the salary exemption minimums set forth in the Fair Labor Standards Act.
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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.
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* 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.
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Overpaid golden parachute payments may be subjected to taxation. Prior to purchasing a golden chute, executives will need to be aware of the tax implications. Excessive parachute payments can be avoided by raising the base for compensation before any change of control. This strategy could have a long-term effect on executive compensation.
Executive employment agreements usually cover compensation, benefits and equity grants. They also address termination. The most contentious topic of all is the termination clause. It is important to include a complete termination clause in any executive employment agreement. Here are the facts.
* Infractions to the Minimum Wage
Noncompete claims
Employers can't fire disabled employees because of discrimination under the Americans with Disabilities Act (ADA). If the company makes reasonable accommodations to enable disabled employees to perform their jobs, they are protected from being fired. Employers with more than 15 employees are exempt from this law.
Philadelphia's poverty rate is especially severe, despite the fact that cities tend to have lower poverty rates in America than suburbs. A Pew Research Center study found that Philadelphia ranks second in poverty to Pittsburgh and 12 other large metropolitan areas. A two-member household earning less than $15,080 a year would be considered to be in the lowest rung of poverty. These people are often in low-wage occupations such as cashiers, nurses aides and chefs.
* Whistleblower claims
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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* 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
