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Pennsylvania Employment Law Questions & Answers
2 Answers | Asked in Employment Law for Pennsylvania on
Q: Is it legal in the state of PA for an employer to change my pay rate drastically without any kind of notice?
T. Augustus Claus
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answered on Feb 15, 2024

In Pennsylvania, employers are generally required to notify employees of any changes to their pay rate before the changes take effect. This includes any reductions in pay. A drastic change in pay rate without any notice may violate state labor laws, specifically regarding wage payment and... View More

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1 Answer | Asked in Contracts and Employment Law for Pennsylvania on
Q: My employer has paid for a class. I was given a NDA from the organization teaching the class. What can I disclose?

They received money for a class. Do they have to declare something is confidential to be covered? Can my employer ask me to share what I learned with management and staff?

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answered on Feb 8, 2024

In Pennsylvania, when you sign a Non-Disclosure Agreement (NDA) for a class paid for by your employer, the terms of the NDA dictate what information is considered confidential and what can be disclosed. Typically, NDAs require specific mention of what constitutes confidential information, which... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: What kind of lawyer do I need. ExUber driver, was independent contractor, have proof of fraud/wage theft

Don't know where to start. Overwhelmed with information I documented in 6+ months building my case. Need help sorting it all out.

James L. Arrasmith
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answered on Feb 6, 2024

If you were an independent contractor as an Uber driver and believe you have evidence of fraud or wage theft, you should consider consulting with an employment or labor law attorney who specializes in wage and hour disputes. Here are the steps to help you find the right attorney:

Research:...
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1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: My GM threatened me as by stating "so if I come through that door in regular civilian clothes is the same as...

Me saying the F* word". I most recently have been wrongfully terminated for following my chain of command and not doing a job without the proper PPE. Lastly if I have been asking for a raise for my year and it's stated we get a yearly raise in our policy but 4 months later a coworker gets... View More

T. Augustus Claus
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answered on Feb 2, 2024

In Pennsylvania, you may have legal recourse if you believe you have been wrongfully terminated or subjected to employment discrimination. Threats or retaliation from a general manager could constitute a hostile work environment or retaliation, both of which are prohibited under employment laws.... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Was I considered terminated if I am dismissed prior to my contract end date but received my full contract salary?
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answered on Jan 12, 2024

In employment law, the determination of whether an individual is considered terminated depends on various factors, including the terms outlined in the employment contract. If you were dismissed prior to the specified end date in your contract but received your full contract salary, the situation... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Originally I used my 2 vacation weeks to cover no work because of a fire at work. Hr said they would pay one week

They refuse to pay me the one week that they say they would. I wasn’t on vacation I was as well as everyone else laid off for two weeks. But HR left a voice mail stating they were paying everyone one week. So I thought I’d at least get paid one of my two weeks when I actually took my scheduled... View More

James L. Arrasmith
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answered on Jan 8, 2024

In your situation, if HR verbally committed to paying employees for one week due to the work stoppage caused by the fire, and you have a voicemail confirming this, you may have grounds to request that payment. Verbal agreements, especially when supported by evidence like a voicemail, can be... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: What kind of Lawyer do you need to help you with Harassment at work in a school?

Daughter has been at the school working for over a year, after they found out she has epilepsy they have done everything to get rid of her. She is good at her job, and the kids love her so they are having a hard time but keep trying. They made her sign something today and she is very upset.

Jeremy Donham
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answered on Jan 5, 2024

So sorry to hear of this. You will want an employment discrimination attorney. If your in PA, feel free to reach out to our firm for more information. If not in PA, then you can check with the local bar association and ask for an employment discrimination attorney, or google "employment law... View More

1 Answer | Asked in Employment Law, Social Security and Public Benefits for Pennsylvania on
Q: I'm on disability and recieve SSDI. If I get a part-time job, I must report my income.

If I start a business and my earnings haven't surpassed my expenses making me no profit as well as me not paying myself a salary, do I have to report my earnings to SSDI?

James L. Arrasmith
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answered on Dec 29, 2023

If you're receiving SSDI (Social Security Disability Insurance) and start a business, it's essential to understand how your business activities might affect your benefits. The Social Security Administration (SSA) requires you to report any work activity, which includes starting a... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can my manager make me share a jacket with my coworkers or do they have to give me my own?

I’m a waiter in Philadelphia and I often have to work outside. My new manager bought a few coats with the company logo and is making us share them. They assure us they are being dry cleaned between usage but I don’t trust them. I’ve had bed bugs in the past and am prone to hive breakouts. is... View More

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answered on Nov 30, 2023

In Pennsylvania, the issue of providing uniforms or specific clothing for work, including jackets, can vary depending on company policy and the nature of the job. If your manager is requiring all waitstaff to share jackets, this isn't explicitly illegal, but it does raise concerns, especially... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: How can I seek compensation for unpaid labor during breaks at my caregiving job?

I've been working at my job as a caregiver for mentally and physically handicapped adults for two years. My shift is supposed to be 8 hours, but we only get paid for 7 hours, with the expectation that lunch is included, even though I have to work through this break. I'm unable to leave,... View More

Casey Green
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Casey Green
answered on Mar 28, 2025

The law requires that your employer pay you for the hours that you work. This would include time that you are supposed to be on lunch break. I'd consult with an attorney as soon as possible if this has been going on for years so that you do not have issues with the statute of limitations on... View More

2 Answers | Asked in Employment Law and Civil Rights for Pennsylvania on
Q: Can I recover unpaid salary after a school's unjust actions following an unfounded student accusation?

I was employed as an assistant coach at a high school for multiple seasons, with official identification and building access. A student made an accusation against me, saying I made her uncomfortable. The school conducted an investigation and found me innocent, allowing me to return. However, they... View More

Joseph Korsak
Joseph Korsak
answered on Mar 26, 2025

You cannot be denied your pay plus you have a great slander action waiting to be hatched. See my website.

/s/Joseph C. Korsak

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1 Answer | Asked in Employment Law and Contracts for Pennsylvania on
Q: Can a health agency require an I-9 for a 1099 contractor?

I am an LPN working as a 1099 independent contractor with a home health agency in Pennsylvania. The agency requires me to fill out an I-9 form, although I'm not an employee. They also want to offer me a lower rate and pay time and a half for hours over 80, contrary to how I was paid by... View More

Joseph Korsak
Joseph Korsak
answered on Mar 22, 2025

No I-9 required for an independent contractor. Are you doing 80 hours a week?? What are your job duties??

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Should salaried employees in PA clock out while still working due to payroll policies?

I am a salaried employee in Pennsylvania with a union affiliation. My company requires us to clock in and out, even though we're salaried. On payroll Fridays, we're told to clock out while still working so payroll can be completed. Should I clock out while still working? Could this be an... View More

Joseph Korsak
Joseph Korsak
answered on Mar 16, 2025

You should not clock out and keep working. What does your contract say? What is the union doing about this.

1 Answer | Asked in Divorce, Legal Malpractice, Employment Law and Education Law for Pennsylvania on
Q: Attorney inaction and conflict in divorce proceedings.

What can I do if my attorney, who I hired for my divorce after a 35-year marriage, has not filed anything to protect me and seems to have a conflict of interest with my husband's attorney? My husband was the breadwinner while I raised our four children, all of whom have special needs, and... View More

Joseph Korsak
Joseph Korsak
answered on Mar 16, 2025

I no longer do family law because invariably one or both parties (wrongly) accuse the lawyers of conflicts of interest. You are perhaps overacting but if you believe you have been wronged this way, discharge your lawyer and get a new one. You should have done this the first minute you concluded... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Is it lawful for McDonald's to not provide breaks during 10-hour shifts?

I work as an hourly employee at McDonald's and often work 10-hour days without receiving any breaks. My employer does not have any written policies regarding breaks or rest periods. Is it lawful for them to not provide me with any breaks on some days?

Joseph Korsak
Joseph Korsak
answered on Mar 9, 2025

Not legal to deny break times.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Workplace fragrance complaints, unpaid leave issues in PA

My friend has been sent home from work several times without pay due to complaints about wearing fragrance, despite using unscented products. She has not received any documentation from HR, as they claim the complaints are confidential. Her supervisor, aware of the situation, was surprised by the... View More

Joseph Korsak
Joseph Korsak
answered on Feb 18, 2025

Your friend has to ask on her own behalf. I do not give opinions to third parties for use by someone else.

1 Answer | Asked in Consumer Law, Employment Law, Communications Law and Internet Law for Pennsylvania on
Q: is it illegal for phone store employees to take images of a customer's account and share them with other employees?

I work for a cellular provider in one of their retail stores. I've been asked to take screenshots of every customer's account/bill that comes into the store and share them in the store's group chat, that other non-management employees have access to, in order for my district manager... View More

James L. Arrasmith
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answered on Jan 11, 2025

This practice likely violates several federal and state privacy laws, including the Telecommunications Privacy Act and various data protection regulations. Taking screenshots of customer accounts without explicit consent and sharing them in a group chat could expose sensitive personal and financial... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: If my coworker took and non consensual photo of me at work and showed my boss but he didn’t report, can they get introub

The photo was taken of my pants, and then was showed to a boss. The boss failed to report the action. Can either of them be found in legal trouble for the incident?

Jeremy Donham
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answered on Dec 30, 2024

Good afternoon. This is a difficult query as we may need additional context to better understand why the co-worker was taking pictures of you. You certainly will want to consider bringing this to the attention of your human resources and reporting it as it could be deemed harassment in some form... View More

Q: Do i have a case against my boss for unfair treatment

I have gotten written up for things that happened 5 months ago after already being reprimanded and treated like crap for a month mind you 4 other girls do the same things I do and never get written up for anything just me. She also takes a half hour pay from us everyday for lunch but won't let... View More

Joseph Korsak
Joseph Korsak
answered on Dec 18, 2024

You at least have a wage and hour claim under federal law. Look me up at korsaklaw.com,

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Is it legal for a work place to publicly post employees names who did not receive the flu vaccination?

They say it's posted so other employees know who isn't vaccinated so they can make sure the unvaccinated employee is masking.

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answered on Dec 3, 2024

Good day. There may be potential violations of privacy or the employer's policy. It would be a good idea to seek legal counsel to discuss this as it may depend upon the jurisdiction you worked in and the laws of that jurisdiction. We wish you the best in your search for a resolution to your... View More

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