Employees and employers can bring many types of employment claims in Pennsylvania.
- Discrimination: Workplace discrimination is illegal when it is based on a protected class such as age, gender, race, national origin, religion, disability, pregnancy, or genetic information. Employees who can prove discrimination can sue to have the practice remedied and for wages and other damages.
- Wage payment: Federal and Pennsylvania laws establish a fixed minimum wage for employees, as well as regular paydays. Violations of these laws can lead to penalties against the employer such as back pay to the employee.
- Benefits: Employers are not required to provide most employees with benefits, but if they choose to do so, they must comply with state and federal laws, such as ERISA, and not discriminate among employees.
- Non-competition agreement: Non-competition clauses forbid an employee from working for a competing employer during and/or after their current employment. Employees and their new employers can be penalized for violating these agreements, although they do not always hold up in court.
- Overtime: Most workers must be paid one and a half times their regular rate of pay for each hour after 40 hours worked in a single workweek or it is a violation of wage and hour laws.
- Workplace discipline: Workplace discipline is illegal when it discriminates against a protected class, or when it is used in retaliation against an employee. Workers have a claim if they suffer from discriminatory discipline.
- Privacy in the workplace: In most cases, employee emails, phone calls, and computer usage are not private or protected from their employer. However, if an employment contract provides privacy protections, it can be enforced.
- Employment contracts: Employment contract terms can cover any aspect of employment, including contract duration, wage increases, non-competes, types of damages for contract breach, and more. Both employees and employers can sue for breach of an employment contract.
When to Reach Out to an Attorney
If you feel your rights under any employment law or contract have been violated, it is important to seek immediate assistance from an experienced Philadelphia employment attorney. Employers and small businesses can help prevent the likelihood of an employment claim by seeking employment counseling prior to any claim of violation, to ensure compliance with these laws and to ensure best business practices.
Contact Philadelphia Labor Lawyers at Ezold Law Firm, P.C.
The Ezold Law Firm, P.C. represents employees, employers, and small businesses in employment law and litigation, business and corporate law, and health care law. One of the firm’s labor lawyers in Philadelphia can guide you with filing an employment or labor law claim or defense. Contact us online or call the firm today at 610-660-5585.