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Discrimination on grounds of national origin is a very common problem. Unfortunately, employers are still not fully aware that discriminating against someone based on their ethnicity or nationality is illegal. Employers who do not understand this may not be aware that they could face serious consequences. This kind of discrimination should be avoided by being educated about the laws.
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Philadelphia has the lowest minimum wage floor among all cities in the United States. Despite the fact that voters approved a ballot initiative to raise the minimum hourly wage to $15 per hour last year, state law bars local jurisdictions from raising the minimum wages. Pennsylvania is among 27 states with preemption laws that prohibit local governments increasing the minimum wage. Philadelphia is home to less than half the minimum wage workers. These people are predominantly Hispanic, white, young, and non-white.
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Philadelphia has the worst poverty rate in the country. A Pew Research Center study shows that Philadelphia is tied with 12 other large cities for poverty. For a household of two, the annual income would be less than $15,000.80. This would place them in the bottom rungs of poverty. Many of these people work as cashiers or nursing aides or chefs.
Executive employment agreements often cover compensation, benefits as well as equity grants. They can also include termination. One of the most controversial topics among all is termination provisions. It's crucial to include a comprehensive clause for termination in your executive employment agreement. Here's the information you need.
Termination
Tipping is permitted in Pennsylvania provided that tip-pooling does not exceed 80 percent of tip-generating tasks. Federal regulations state that tip-pooling is not allowed to be used as a reason for employees not being paid a minimum wage. Supervisors and managers are not permitted to tip-pool.
Philadelphia is one of the most affordable major U.S. cities. This means that many Philadelphians are struggling to make ends meets. Mayor Jim Kenney recently approved an ordinance which will raise the minimum wages for some city workers. The Consumer Price Index, which is all urban consumers, determines the new minimum wage rate.
Employees are protected from discrimination based upon their age, gender, national origin, ancestry or pregnancy, disability, sexual orientation, faith, or any other protected characteristic. Harassment of a protected group is also illegal, regardless of their age, sex, nationality, military service, or gender.
There are many ways to discriminate against someone because of their religion at work. It can affect every stage of an employee's employment lifecycle, from recruitment and promotion to salary and termination, depending on the type. This could also include the denial or harassment of religious beliefs, or the employer's decision to reject applicants.
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Discrimination on the basis of disability is against the law in the United States. However, employers are not required to provide preferential treatment for disabled employees. Employers have the right to choose the best candidate for the job, based on their qualifications. This rule can be broken if the disability is a significant burden to the business.
* False termination
Racial discrimination happens when an employer is unfairly treating an employee or job applicant because of their race. This can also include racial discrimination. Racial harassment may lead to hostile working environments. Employers who have harassed you or your coworkers racially have the right and obligation to compensate you.
According to the American Community Survey, which assesses poverty rates in major cities in America, approximately one-third (33%) of Philadelphia's workers earned $7.25 per hour or less in 2018. This is a large percentage of Hispanics and non-whites. Over one-third of workers were younger than 24 years old and had not completed a college degree. Philadelphia's minimum wage workers were young adults. These figures could not be exact because they include workers who weren't covered by the minimum wage law or whose employers didn't comply with it.
Employers are not allowed to ask for a physician's note from employees who take sick days.
Whistleblower claims
Many of our customers do not have a dispute with an employer. However, they require help to understand the legal language and level the playing ground.
Both employers and workers would be benefited by an increase in the minimum wages. It will generate more local business and lower the cost for state services. Businesses that are struggling to fill vacant positions would be benefited by it. The state house's Republicans believe that the market should determine minimum wage increases.
Noncompete claims
Breach of contract
An executive employment agreement should include a confidentiality provision. Many senior management employees have access to financial information and business strategy that could be detrimental to the company. Although statutory trade secrets protections are often used to protect this information, executive employment agreements should specify confidentiality obligations.
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The American Community Survey is a Philadelphia-based survey that measures poverty. It reports that 44,000 Philadelphians aged 16 and older earned less $7.25 an hr in 2017. These people earned less than $7.25 an hr were more likely Hispanics, younger, and to not have a college diploma. The data also showed that Philadelphia's minimum wage earners made up 63 percent of the total workforce. This includes four sectors such as education services and retail trade. Although it has fallen over the past decade, this still represents a large portion of Philadelphia's workforce.
While liquidated damages are becoming more popular in the non-solicitation agreement, they are not always enforceable. A non-solicitation clause might not be enough to stop an employee from stealing customers or taking over the company.
A disability is any real or perceived mental or physical impairment that limits one or several activities. This includes any impairments that impact sight, hearing, or mobility. This can include mental and emotional disabilities. This law also applies to individuals who have suffered from a disability in the past, such as those suffering from cancer or bipolar disorder.
Philadelphia law also requires employers provide paid safe time to their employees. Employers who have 50 or more employees are required to provide at least eight work weeks of unpaid safety time. This may be higher or lower depending on the company's size. Small businesses with only one or two offices are exempt from this law. Employers could have multiple locations which would not make up the "10-employees" count under this law. Additionally, it is difficult to know which employees are covered under the law. To clarify these and other issues, employers may want to consult with an employment counsel.
The good reason clause should provide a list of reasons why an employer can terminate a contract. No matter whether the reasons are personal, business, or professional, a good reason clause must be included. A good reason clause allows employees to terminate their employment within a specified time.
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OCR enforces numerous Federal civil rights laws. These laws ban discrimination in employment settings and educational settings. These laws also cover programs and activities run by state educational agencies. Title II also prohibits discrimination based a disability under the Americans with Disabilities Act.
We can help you if you are in litigation right now or in the process of preparing for litigation.
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Our Philadelphia employment lawyers represent workers from all backgrounds and industries in a wide range of employment-related claims. We aim to rectify the wrongs done hardworking men or women in order to prevent similar events from happening again.
* Violations of the minimum wage
* Lunch- and rest-break questions
The non-solicitation clause is gaining popularity, but liquidated damages may not always be enforceable. Non-solicitation clauses may not be sufficient to stop your employee from taking over your company's customers.
Should I hire an Employment Attorney?
The answer is almost always yes. Sometimes this will require paying by the hour for straightforward legal advice for your employment dispute. Legal representation is worth it. You will save money down the road by protecting yourself against wrongful termination or other employment problems. An employment attorney can help you navigate difficult work situations. We represent employees in all types of employment law cases and employment disputes. If you have been wrongfully terminated, let us know how we can help in your wrongful termination suit.
How Do I Choose an Employment Lawyer?
Choosing an attorney is not easy. Here�s some things we suggest you consider. Look at the attorney�s credentials. If an attorney went to a top law school, you can expect a certain standard of competence. You should then look at experience. Does the attorney have some listed experience on their website that makes them stand out? But, above all else, you should trust your gut. If your attorney seems like a jerk, do not hire him or her. Contrary to popular belief, being a jerk attorney is not an asset in law; it is a liability. A good attorney will have good relationships with opposing counsel. This relationship can and will help you get a better outcome. Jerk attorneys never form these relationships.
Do You Give Free Consultations?
We do give free consultations. Unfortunately, due to extreme call volume, we cannot offer a free consultation to everyone. But we will let you know within 2 hours whether we can offer one. Give us a call. You will get a response. And we find that our clients appreciate knowing quickly whether we will be giving them an initial consultation. If we cannot give you a free consulations, we will wish you the best of luck. We hope to help as many people as possible. But we can only form an attorney client relationship with so many people as we pride ourselves in maintaining the highest standards of lawyering. And you cannot maintain high standards if you take every single case.