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Pennsylvania Employment Law Questions & Answers
2 Answers | 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??

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2 Answers | 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.

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2 Answers | 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

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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.

Jeremy Donham
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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

2 Answers | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: I currently work at Pizza Hut as a crew member, can they withhold tips from employees?

Hello! I am currently an employee at Pizza Hut. I've been working here for almost a year now. When hired, I was told that we did not get to keep any of our tip money and was instructed to put the tip money recieved from customers into a small box, which does not get redistributed to the... View More

Joseph Korsak
Joseph Korsak
answered on Dec 2, 2024

Illegal, illegal, illegal!

You need a lawyer to make a demand on your behalf. Are you keeping some record of the amounts you paid in?

Call me.

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1 Answer | Asked in Contracts and Employment Law for Pennsylvania on
Q: Please interpret this. Am I liable for the penalty of 25,000 dollars if I terminate the contract?

Section 10 of Contract states that I can terminate it without cause. Section 11 breach has a penalty of 25000 dollars. Employer insisting 25000 dollars penalty when I resign. I think they are wrong.

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2024

A Pennsylvania attorney could advise best, but your question remains open for over a week. It could be difficult for attorneys here to comment on the terms of your contract. The format is limited to quick Q & A. Any law firm would likely want to see the contract in its entirety. You may lose... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Employer retracted last payment electronically, 10 days after depositing.

I also had approximately 60 hrs of PTO, which was earned time per pay period. I am not sure what to do at this point

Joseph Korsak
Joseph Korsak
answered on Nov 15, 2024

Make a demand. If nothing is forthcoming you can sue under the Fair Labor Standards Act.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I am a home health aid receiving $14/hour for about three months. Can my hourly wage be reduced for any reason?

The company says that since I am working so much overtime as I am the only current caregiver, they need to reduce my hourly rate. Are they allowed to do this?

Joseph Korsak
Joseph Korsak
answered on Nov 15, 2024

Yes

1 Answer | Asked in Criminal Law, Employment Law and Workers' Compensation for Pennsylvania on
Q: My boss is withholding my pay and wanted me to come in the office yesterday to sign a release and take a untaxed check
Timothy Belt
Timothy Belt
answered on Oct 29, 2024

A great deal more information is needed to properly answer this question. If there is a work injury involved, you will want to talk to a workers' compensation attorney before taking any action. If this is a wage dispute, you will need an employment lawyer that focuses on wage issues.... View More

2 Answers | Asked in Employment Law, Personal Injury, Civil Rights and Internet Law for Pennsylvania on
Q: Can I file a lawsuit against Dictionary.com for not letting me know that the grammar coach will be disabled?

I lost my scripts from the grammar coach.

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

You could reach out to law firms, but I believe attorneys could be reluctant to handle such a case for you. There are often disclaimers and terms of conditions in using any program. That's only an individual opinion. You could reach out to attorneys to discuss. Good luck

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2 Answers | Asked in Employment Law, Business Law, Constitutional Law and Health Care Law for Pennsylvania on
Q: can a non profit contract transport services of it's clients to it's CEO's medical transport company?

I own a medical transport company and about registering a non profit that is to provide services to teen mothers. I am wondering if I can contract all transportation activities to my private company. These activities include transport to and from doctor's appointments, meetings, seminars,... View More

Joseph Korsak
Joseph Korsak
answered on Aug 28, 2024

Sounds like an egregious conflict of interests. Why are you doing this?

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2 Answers | Asked in Employment Law for Pennsylvania on
Q: Is it legal for my old employer to withhold my commission check because I no longer work there?

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

Joseph Korsak
Joseph Korsak
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.

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1 Answer | Asked in Employment Law and Medical Malpractice for Pennsylvania on
Q: delay in revision surgery after operating doctor wrongfully put me at MMI following my MRI that was misread by radiologi
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I am a bartender making $8.25, the owner brought 2 new bartenders in, making $9.00 same work. Is this legal
Joseph Korsak
Joseph Korsak
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.

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