As societal needs change, so does the workforce. New jobs arise and old ones adapt to new circumstances. In an effort to keep up with the ever-changing workforce, legislature constantly proposes and enacts new employment laws. Experienced Philadelphia labor attorneys keep abreast of these changes in order to better represent employees who may face a violation of their rights, and to counsel employers and small businesses on how to comply with these laws. Following are a few of the most recent labor laws enacted in Pennsylvania.
New Pennsylvania Employment Law
In February of 2011, the Construction Workplace Misclassification Act (Act 72) was enacted to combat the problem of employee misclassification in the construction industry. Proper classification is essential to determine whether the employee should be paid by the hour, salaried, paid by piece rate, or commissioned, and whether they are entitled to overtime pay.
The Act affects only the construction industry, making misclassification of employees as independent contractors illegal for all commercial and residential construction in Pennsylvania. The Act narrowly defines independent contractors as individuals who:
- Have a written contract to perform construction services with the business or person,
- Are free from control or direction over the performance of these services, and
- Are engaged in an independently established trade, occupation, profession, or business.
New Philadelphia Employment Ordinance
In April of 2011, Philadelphia enacted a city ordinance entitled the Fair Criminal Record Screening Standards Act. This new city law prohibits prospective employers from inquiring about arrests that do not result in a conviction during initial employment interviews. It also prohibits employers from making any personnel decisions, such as promotions or assignments, based on records of an arrest that do not result in a conviction. The law was enacted to combat unemployment and discrimination against qualified workers who were arrested but not convicted of crimes.
Contact Ezold Law Firm for Knowledgeable Philadelphia Employment Law Representation
The Ezold Law Firm, P.C., founded by Nancy O’Mara Ezold, is a Philadelphia employment law firm assisting employees, employers, and small businesses in the areas of employment law, business and corporate law, and health care law. For assistance with an employment or labor law claim or defense, or for counseling on employment law compliance, contact the firm today by calling (610) 660-5585 or submit an online inquiry.