Whether you are entitled to overtime pay for your hours worked over 40 per workweek depends on the types of duties you perform. If you provide mostly companionship services to the client (e.g. social activities, games, conversation, etc.) then you do not need to be paid for overtime. If, however,... View More

Yes. The only exception to this general rule is if you have an employment contract with your employer that states you must give a certain amount of notice to your employer before you resign.

Since Pennsylvania is an at-will employment state, you or your employer can terminate the employment relationship for any reason or no reason at all, as long as the reason is not discriminatory (i.e. based on your race, sex, religion, disability, or age if you're over 40). While your situation... View More

Generally, employees do not need to be reimbursed or paid during travel time to and from work. However, miles driven during work (after you clock in and before you clock out) need to be reimbursed if your vehicle expenses would bring your hourly rate below the state and federal minimum wage. For... View More

No. However, you should contact a Pennsylvania attorney if you believe your position was eliminated and you were chosen for layoff due to a discriminatory reason (because of your race, sex, religion, disability, or age).

You may be able to apply for partial unemployment. If you were hired on full time but your hours have since been drastically reduced, some states offer partial unemployment payments to assist with making up the difference in the hours you've lost.

Courts consider numerous factors when determining whether a worker is properly classified as an employee or as an independent contractor. Employers sometimes misclassify their employees as independent contractors to avoid the minimum wage and overtime laws that apply to employees (and as you... View More

Unfortunately, your only options here are to either take the new job and pay cut or resign and look for other employment. At-will employees can be terminated from their position at any time and for any reason (as long as the reason isn't discriminatory), including a reduction-in-force as... View More

Yes. Federal law does not impose any hour caps on how much you can work in a workweek. However, if you are paid by the hour, you must be paid overtime, at a rate of one-and-one-half times your regular rate of pay, for all your hours worked in excess of 40 in a 7-day workweek.

Generally, the answer to this question is yes. Employers can require their employees to received COVID-19 vaccinations. However, if you have a medical condition that renders you unable to receive the vaccine, or you have a religious objection to receiving the vaccine, you may be entitled to an... View More

If you signed an employment contract with your company that stated you would forfeit your sign-on bonus if you resigned within a year, then your employer may choose to pursue you for the sign-on bonus you'd forfeit under the agreement based on a breach of contract theory. However, since you... View More

Generally speaking, your employer is not required to consult you or give you advance notice before changing your pay structure. However, if you are paid by the hour, you must receive overtime pay for hours worked over 40 in a seven-day workweek.

Generally, the answer to this question is yes. However, if you have a medical condition that prohibits you from receiving the vaccine or if you have a religious objection to receiving the vaccine, you may be entitled to request an accommodation in the form of exemption from mandatory vaccination... View More

Employers are not required to offer paid time off for any time you are not performing work (in this case, pay on holidays you don't work). This is true regardless of whether you are paid hourly or receive a salary, so there is nothing inherently unlawful about this policy.

Assuming you don't have an employment contract that states otherwise, there is no federal law that requires you to provide any notice at all to your employer before resigning. However, if you do have an employment contract that requires you give notice of your resignation, the length of time... View More

Federal law does not set maximum hour caps on how much employees can work, so even if your employer requires you to work 24 or more hours at a time, this is not an unlawful act. However, you must be paid for all the time you spend performing work. In your situation, you must be paid for all the... View More

If your wife's employer has 15 or more employees, then her asthma may qualify as a disability under the Americans with Disabilities Act. Under the ADA, employees with disabilities are entitled to request reasonable accommodations for their disabilities to enable them to continue performing... View More

Federal law does not require any form of paid time off to be offered to employees, so employers unfortunately have a good deal of discretion over these forms of punishment. There is nothing inherently unlawful about your employer's actions in this situation.

If your lunch break lasts 30 minutes or longer, and if you do not perform any job duties during your lunch break, then your employer can deduct this break time from your pay. However, if you still work over 40 hours per 7-day workweek after the deduction for lunch break time, this time must be paid... View More

For unemployment purposes, the general rule is that you cannot receive unemployment at the same time you are receiving a severance payment (it is viewed as if you were still employed and paid for your work). However, after your severance period ends, you will become eligible for unemployment.