Be Informed.

As a worker, the distinction between being a permanent employee and being a sub-contractor is significant for a number of reasons. Unfortunately, your employer is the one who decides which category you fall into; although, employers incorrectly categorize (intentionally or unintentionally) workers frequently. What happens if your employer randomly changes your categorization? For example, can your employer change your status from full-time permanent employee to a sub-contractor without your consent? The answer to that question is both “yes” and “no.”

If you have been working for your employer for some time and are suddenly asked to sign a non-compete agreement you may be unsure how to proceed. Signing the non-compete agreement certainly has ramifications for you should your employment with your employer end for any reason in the future. Not signing the agreement may also have more immediate negative consequences if your employer has indicated that signing the agreement is a condition of continued employment with the company, leaving you to wonder “Can I be fired if I refuse to sign a non-compete in Pennsylvania?” The answer to that question is “Yes, but…”

If your employer fired you and only gave other employees a warning for the same conduct the issue is whether the disparate treatment was based on a protected trait or not. For instance, if you were singled out for termination because you are of Middle Eastern decent, because you are female, or because you are 55 years old, you could have the basis of an employment discrimination lawsuit. On the other hand, if you were singled out because you work performance prior to the conduct in question was poor compared to the other employees, or for any other non-discriminatory reason, your employer’s conduct was perfectly legal.

You are a hardworking, conscientious, and reliable employee. Your job performance, in your opinion, is equal to, or exceeds, that of your co-workers. Bonus time comes around, however, and everyone but you receives one. You find yourself wondering “I am the only one who did not get a bonus. Is this legal?” Your questions is perfectly understandable. The answer, however, is not a simple “yes” or “no.” Instead, the answer is “it depends.”

Understandably, employers want to protect the investment they have made into their company. As an employee, you may not think of yourself as a threat to your employer; however, your employer may see you as such. If so, you may be asked to sign a non-solicitation or non-compete agreement prior to starting work for an employer or at any time after to begin working for the employer. Before you agree to sign the agreement though, you should have a firm understand of the difference between a non-solicitation agreement and a non-compete agreement.

Disabled workers in the Commonwealth of Pennsylvania are protected under both state and federal law from being discriminated against in the workplace. Federal law goes one step further by requiring employers to make “reasonable accommodations” for qualified disabled employees. If you are a disabled worker and you are having a difficult time getting an employer to provide you with the required accommodation you are likely wondering “How do I make my employer give me an accommodation?”

Deciding to resign, or quit, a job is usually a decision that is only made after careful contemplation and a weighing of all the factors involved. If you work for an employer that routinely gives bonuses to employees you may include issues related to your bonus in those factors. Specifically, you may be wondering “Can I get my bonus after I quit?” Despite the fact that this is a relatively common question posed by employees, there is not always a clearly defined answer. The Pennsylvania Wage Payment and Collection Law, however, does provide some guidance on the issue.

Both federal law and the Pennsylvania Human Relations Act prohibit sex-based employment discrimination. Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex and applies to all facets of employment, including the hiring process. As such, if an employer made a decision not to hire you based on your answers to the question regarding your childcare arrangements that decision would likely qualify as sex discrimination.

Workers in the United States are protected from discriminatory as well as unfair employment practices by numerous state and federal laws. One specific type of workplace practice that workers are protected from is “harassment.” How is workplace harassment defined though? Most people have some idea what the word “harassment” means to them; however, “harassment” in the legal context is not necessary used the same way as it is in everyday conversation.

In the United States, employees are protected in the workplace by a variety of local, state, and federal laws against discriminatory and fair, and unsafe, employment practices. If you are a Pennsylvania worker you should have at least a basic understanding of the employment law regulations that govern you and your workplace. 

Workers in the United States are fortunate enough to be protected by a number of state and federal laws that provide them with workplace rights and prohibit discriminatory and unfair employment practices. As you probably already know, most employers are required to pay most employees at least a minimum hourly wage in the U.S. You may, however, be unsure whether or not you are entitled to overtime wages.

According to the Wage and Hour Division of the U.S. Department of Labor, many employees are guaranteed overtime in certain conditions by the Fair Labor Standards Act (FLSA). FLSA is a federal law applicable throughout the United States, including in Pennsylvania. PA also has its own rules on overtime. According to the FLSA, employees are entitled to overtime once they have worked at least 40 hours during the course of a standard work week. A workweek is defined as a "fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods."

An employment lawyer provides legal representation to individual workers, to groups of workers who form a class, and to employers.  There are many laws governing the relationship between employers and employees. When there is an accusation that these laws are broken, an attorney should become involved to represent the interests of those whose rights were violated.