Required to enter our time started or ended only in 15 min chunks. If our work takes us 5 minutes past end of shift we are told we must stay and work another 10 minutes to get paid for the 5; if 5 early and start working we lose those. But they dock us to the minute if we are late or leave early.... View More 
answered on Jul 9, 2023
This could potentially be a violation of the Fair Labor Standards Act (FLSA), a federal law that requires non-exempt employees be paid time and a half for hours worked in excess of 40 hours per week. There are other laws that may be implicated, but my answer is based on the FLSA, which allows an... View More
Police officer hurt in line of duty, car accident. On Heart & Lung for two years. Removed from Heart & Lung and placed on admin leave and workmen's comp after Failed suicide attempt. My doctor said I could no longer be a police officer due to the accident. Sent for independent... View More
answered on Jul 6, 2023
This is a complicated fact pattern, and you really should meet with a workers' compensation attorney in your area. From the limitted information available, you certainly appear to have a workers' compensation claim. You should know that taking the pension may reduce the amount you... View More
answered on Jul 2, 2023
A Pennsylvania attorney could advise best, but your question remains open for a week. In the brief post, it isn't clear if the pesticide exposure and discrimination are related or separate issues. You could reach out to attorneys to try to set up a free initial consult. I can't speak for... View More
I am a DJ. The company for which I work has establishments set up regular weekly gigs with them, to which I get assigned. Each week, I prep the materials out of my own pocket, drive to the establishment on my own dime, and work the gig each Wednesday. When the gig occurs normally, I am... View More
answered on May 23, 2023
In California; "―Hours worked‖ means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so." Under Federal law: "“Employ” includes to suffer or... View More
The firing happened three days after the warning and the company did not document the warning or the firing.
answered on May 2, 2023
Yes. In at-will employment states, you or the employer can terminate the employment relationship at any time and for any reason, or for no reason at all. The one exception to this rule is if you are targeted for termination based on a discriminatory reason (i.e., based on race, national origin,... View More
My friends and family have been keeping their distance from me for a few years. I am being gaslighted (I hate to mention it) because it is a difficult thing to prove. It makes it seem like is all in my head. However, I draw the line when it happens at work. I will not be able to support myself... View More
answered on Feb 13, 2023
First of all, you should never include your name or other identifying information on sites like these, which are open to everyone, including the folks you're concerned about.. Secondly, although the purpose of this site is often misunderstood, it's not a jobs board so it's highly... View More
Hello,
I am 30 years old and have been employed by my current employer for approximately 2 1/2 years. I am full time and work 40 hours per week.
Recently I was diagnosed with Ehlers-Danlos Syndromes (EDS). My doctor wrote a letter for me to amend my duties based on my condition.... View More
answered on Jan 11, 2023
I'm sorry to hear about your situation. It appears you asked for reasonable accommodations for your disability. The employer had an obligation to engage in a good faith interactive process to determine if you could complete your job with or without accommodations. If you want to take action,... View More
I have an employee that i want to hire as a 1099 independant contractor. Outside of me putting them into my payroll as a 1099 contractor, what else do i need to make sure they are classified the correct way?
answered on Dec 21, 2022
You should contact a Pennsylvania employment lawyer directly to discuss your situation, as whether a worker can be properly classified as an independent contractor depends on a variety of different factors and will be highly dependent on the specific facts of their situation. Labels alone (such as... View More
My employer is telling me that I do not get holiday pay as a 36 hour full time employee, but 40 hour employees do. They said the reason I don't is because I work four days and it's a benefit to have a day off during the week. I think this is very unfair and I want to know if there are any... View More
answered on Nov 30, 2022
There are no laws that require employers to offer paid time off, so unfortunately, if your employer does offer this benefit, they can offer it on their own terms (in this situation, to some employees but not others).
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answered on Nov 21, 2022
You would have to see a lawyer to determine whether you can sue the other party for lost wages. Employment laws vary from state to state. I think you'd have a tough time proving that you lost income as an independent contractor. W2 employee income is known and predictable, but yours isn't... View More
Private nonprofit. Asked for accommodation and was denied. Live in Pennsylvania
answered on Nov 18, 2022
What is a reasonable accommodation depends a lot on the facts (like what type of disability you have and what kind of accommodation you're requesting). If you can do you job but just need an accommodation, then I would recommend talking to an employment lawyer in your area. If you think you... View More
I'm on workers comp for 13 + months. I ve been told since July I was replaced in my job and being sent to night shift . My job was Monday - Friday 6:30 am - 3 pm. I've been there 32 years . I have never received any info on this from HR and nothing at all from my union. Emails were... View More
answered on Nov 13, 2022
Sadly, workers' compensation does not provide you with any guarantee that you will be returned to the same shift or even the same job title as before your injury. However, if you fail to report to an offered position within your work restrictions it may result in a reduction or even... View More
It has been verified that there was nothing in the written contract about the commission being paid out to only active employees. I recieved an email each month with what I earned for commission. The commission is paid out in 1 lump sum each year. I completed all of 2023 and left the company in Jan... View More
answered on Apr 2, 2024
In PA, you earned it so you are entitled to it. PA has a commission collection statute that allows you to sue and to recover your counsel fees/ We can help you with this.
answered on Mar 28, 2024
A Pennsylvania attorney could advise best, but your question remains open for a week - and part of it looks like it was left off. This is probably something that an attorney would ask you for additional details on. A determination of maximum medical improvement (or challenges to one) would require... View More
answered on Feb 17, 2024
So long as the difference is not predicated on race, creed, national origin, gender, age or disability, this can de done legally.
maternity cost are covered. If she quits before the full year is up can they hold her legally liberal for any insurance costs?
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answered on Nov 9, 2023
If your daughter-in-law's employer is requiring her to work for a full year after the birth of her son so that her maternity costs are covered, this is a violation of the PHRA. Even if she quits before the full year is up, her employer cannot hold her legally liable for any insurance costs.
I have an additional one year of experience at the company and am training the new hires
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answered on Oct 18, 2023
It's important to address pay disparities. You may consider discussing this issue with your employer or HR department to ensure fair compensation. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
I work for an agency. They put me on salary to not have to pay me overtime but I was told that is wrong and I should be paid overtime even though I am salary and also was told that they should not be deducting from my pay if I have to leave an hour or two early but they do deduct currently
answered on Oct 14, 2023
You are more than likely entitled to overtime. Paying someone a salary, by itself, is not enough to overcome an employer's obligations to pay overtime. Please feel free to contact me to discuss this further.
im in PA. I have a signed contract stating that either party must give 30 days notice. my employer let me go on the spot. did not pay me my 24 hr PTO (handbook states they would) and wasn't paid for the 30 days. im a nurse practitioner and bc of credentialing, I wasn't even able to work... View More
answered on Aug 22, 2023
You may have claims for, among other things, breach of contract and violations of the PA Wage Payment and Collection Law. Please feel free to contact our office to see if we can help.
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