Ask a Question

Get free answers to your Employment Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Employment Law Questions & Answers
2 Answers | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: My two male coworkers both make $5000 more than me as the only female. We have identical jobs and responsibilities.

I have an additional one year of experience at the company and am training the new hires

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Is a home health care aide exempt from overtime. I am salary and work 50 hrs/week and get pay deducted when working less

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

Casey Green
PREMIUM
Casey Green
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.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Why would a driver who is paid per mileage get a paycheck that reflects an hourly rate?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2023

In Pennsylvania, a driver who is typically paid per mileage might see a paycheck reflecting an hourly rate for several reasons. One possible reason could be that the employer is compensating the driver for non-driving work-related duties, such as waiting times, loading or unloading, or attending... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Pennsylvania on
Q: Can your job take you off work due to your doctor putting you on light duty while being pregnant?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2023

In Pennsylvania, employers are generally required to provide reasonable accommodations for pregnant employees, which may include light duty assignments based on medical recommendations. The Pregnancy Discrimination Act (PDA) prohibits discrimination against employees based on pregnancy, childbirth,... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: im in PA. have signed contract requiring 30 days notice of leaving-both parties, terminated immediately for no cause

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

Casey Green
PREMIUM
Casey Green
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.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can the manager of the store I'm employed at change my schedule without telling me know?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023

In Pennsylvania, employment laws generally allow employers to change employees' schedules, including hours of work, shift times, or days off, as long as the changes comply with relevant labor laws and employment contracts.

However, employers are typically required to provide reasonable...
View More

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for Pennsylvania on
Q: My son was put off the job today for medical mj use. He has a card. Can you help? Steamfitter Union. confidential plz

He has been being harassed by his foreman. Accused him of putting vodka in his water bottle. Told other foremen he is using pills. He is not. Only medical mj.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2023

First and foremost, your son's medical marijuana use should be protected under Pennsylvania's medical marijuana law. Employers are generally prohibited from discriminating against employees solely based on their status as a certified medical marijuana patient.

Now, when it comes...
View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can you help me understand expense reimbursement for remote employees

I'm a remote employee in PA, until now my internet was extensible but is no longer going to be covered by my employer. Since internet is 100% necessary for my job role, shouldn't at least part of the fee be covered?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2023

In Pennsylvania, employers are generally not required by law to reimburse employees for business expenses, including internet costs for remote work. However, some employers may have their own expense reimbursement policies.

To find out if your employer offers any reimbursement for internet...
View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: If a company requires entered time to be in 15 min blocks (15 min rule) can they dock your pay per minute late?

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

Casey Green
PREMIUM
Casey Green
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

Q: Police officer hurt in line of duty, car accident. 2 years Heart\Lung. Failed suicide. Approved pension denied by Chief.

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

Timothy Belt
Timothy Belt
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

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Products Liability for Pennsylvania on
Q: How's myie family,what's and whieins myie reports date back to work,whieins the abususied mieainding foresorttied,plea's
Kathryn Hilbush
Kathryn Hilbush
answered on Jul 4, 2023

I think you need to try posing your question again. What we see here is too garbled to make any sense.

1 Answer | Asked in Employment Law, Personal Injury and Cannabis & Marijuana Law for Pennsylvania on
Q: Discrimination at work against Asian , pesticide exposure at work
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Employment Law and Business Law for Pennsylvania on
Q: Does my employer owe me money for time spent working?

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

Maurice Mandel II
Maurice Mandel II
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

1 Answer | Asked in Employment Law for Pennsylvania on
Q: If you get a warning from a company about a policy violation, can they still fire you for heeding the warning?

The firing happened three days after the warning and the company did not document the warning or the firing.

Rhiannon Herbert
Rhiannon Herbert
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

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Pennsylvania on
Q: Can I sue my former employer for age and racial discrimination?

Do I need to file a charge with the EEOC?

Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Feb 28, 2023

You have 6 months from the date of the incident to file with the EEOC or PHRC. You must do this in order to preserve your right to sue.

1 Answer | Asked in Family Law, Civil Rights, Employment Discrimination and Employment Law for Pennsylvania on
Q: Good morning,How do I find out if I have been tainted via social media when no one would tell me?

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

Kathryn Hilbush
Kathryn Hilbush
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

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Hello,I have a question about medical conditions and my rights as an employee.

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

Cynthia Pietrucha
PREMIUM
Cynthia Pietrucha pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

1 Answer | Asked in Employment Law for Pennsylvania on
Q: What defines an employee as a 1099 contractor in PA?

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?

Rhiannon Herbert
Rhiannon Herbert
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

1 Answer | Asked in Employment Law for Pennsylvania on
Q: My employer is telling me that I do not get holiday pay as a 36 hour full time employee, but 40 hour employees do.

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

Rhiannon Herbert
Rhiannon Herbert
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).

1 Answer | Asked in Employment Law, Business Law, Car Accidents and Collections for Pennsylvania on
Q: Can independent contractor bill a person for lost wages

.

Barry W. Kaufman
Barry W. Kaufman
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.