When a worker doesn’t know their employment rights, he or she may be … In the event of unsafe working conditions, employees reserve the right to ask for an Occupational Safety and Health Administration (OSHA) inspection. Equal work opportunities for all. Content Detail, Description of services offered by MidPenn Legal Services to address Employment Problems you may be facing. Generally, Pennsylvania law requires that employees be paid for all hours worked. Every employee should know their employment rights. Federal and Pennsylvania law protects employees from retaliation or termination for complaining of dangerous working conditions. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and Pennsylvania law both require employers to allow employees to take leave from work for federal or state military service or duty. This employment right is available to any employee, whether full time, part time,  temporary, or permanent. [PDF] The Employee Rights Notification Act is exactly what its name suggests: notifying employees of their existing rights.So what are these rights, and why must workers be told? It does not require employers who are unable to provide work to non-exempt employees to pay them for hours the employee would have worked otherwise. As an employer, PA is required to ensure equal employment opportunities for applicants and employees with disabilities. The law prohibits employers from discriminating against employees during any of the employment process, whether hiring, promoting, or firing. After the first ten (10) days employees are entitled to leave at a rate of two-thirds the employees’ regular rate of pay, and for the number of hours the employee would usually be scheduled to work. Follow the instructions for filing a complaint within your company. Period. [PDF] This section of PALawHelp.org has information and  resources about Employee Rights in Pennsylvania. See FLSA: Overtime for more information regarding overtime requirements. Sets policy and procedures for arbitration and collective bargaining. According to the Fair Labor Standards Act (FLSA) and Pennsylvania law, overtime wages are one and a half time the normal wage. Individuals with disabilities are protected from employment discrimination by Title I of the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 (Rehabilitation Act). The Pennsylvania’s Personnel File Inspection Act, 43 P.S. This booklet from the Federal Trade Commission explains your legal rights regarding a background check under federal law. The following information is intended for employees of the Commonwealth of Pennsylvania. Employers must also allow employees to access their personnel files.See EEO, Diversity and Employee Relations. Not all salaries are funded by state tax dollars; some salaries are paid with federal funds, tolls, or fees. State labor and employment laws are intended to protect workers from unfair treatment or unsafe working conditions, balanced against the need of states to attract employers. At-will employment and when you have a case. © 2001 - 2021, Pro Bono Net, All Rights Reserved. Employers also must train employees according to industry standards and ensure the right safety equipment is available. rights. VETERANS Put your experience to work for us LEARN MORE. https://employment.laws.com › employee-rights › pennsylvania-employee-rights See Recruiting and Hiring. Employee Rights in the Workplace. Each state has passed laws and rules to protect your workplace rights: this page covers Pennsylvania employment discrimination. you on the job. MidPenn Legal Services serves residents of the following counties: Adams - Bedford - Berks - Blair - Centre - Clearfield - Cumberland - Dauphin - Franklin - Fulton Keep the records filed outside of the workplace. The American Bar Association online program ABA Free Legal Answers, which lets qualifying users ask civil legal questions to volunteer attorneys, has expanded to offer help on immigration and veterans’ questions. When they do, you have legal Pennsylvania’s minimum wage links to information from the Consumer Price Index, and the minimum wage is re-evaluated every year. Therefore, research your employee rights in depth and ensure that your complaint arrives at the right desk. Currently, since 2008, Pennsylvania’s minimum wage has been the same as the federal minimum wage of $7.25 an hour. An employee is entitled to a maximum of $200 per day and no more than $10,000.00 in aggregate. The state of Pennsylvania has a Worker’s Compensation Act that protects the rights of salaried, and non-salaried, employees. of Labor: Wage and Hour FAQs. It might seem as though your employer has all the power. Social Security for Public Employees administers the state law Act 491 and federal law Section 218 of the Social Security Act, enabling employees of political subdivisions to be voluntarily covered for Social Security, as well as procedures governing Social Security and Medicare Coverage by state and local public employers in Pennsylvania. Posted on February 20, 2018 by Paula Leave a Comment. Like the federal Fair Labor Standards Act (FLSA), Pennsylvania law requires that covered employers pay nonexempt employees overtime in the amount of 1 1 / 2 times the employee's regular rate for hours worked in excess of 40 in a workweek (PA Code Tit. Employment law covers all rights and obligations within the employer-employee relationship, including not only current employees but also former employees and job applicants. 3. [PDF] Employee Rights. And when an employer violates the law, an employee can pursue legal action against their employer. PA Dept. Employers must respect those rights and follow the law. Pennsylvania labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. Once a year, employees can request to see their personnel file, but the timing must be convenient for the employer as well. Employees who are fired, discharged, or terminated; Employees who quit or resign; Employees who is suspended or resigns due to a labor dispute (strike) Read More, Handbook on workers rights including the rights of immigrant workers. When you’ve done everything you can within the company and no satisfying result has occurred to address the violation of your employment right, contact a lawyer. According to Pennsylvania employment laws, no employee can be discriminated against due to gender, race, religion, disability, age, or national origin. Pittsburgh: 412-626-5626 The Pennsylvania Worker and Community Right to Know Act (Act 159 of 1984) created a system for communicating information about hazardous materials used, produced or stored at work sites within the commonwealth. Discrimination against pregnant women is considered sex discrimination ABOUT PA A great place to work, live and play LEARN MORE. If you need to miss work because of COVID-19, you should talk with your employer about paid time off or unpaid leave. Employee Salaries This report provides information on the annual salaries or hourly/daily wages earned by employees. In Pennsylvania, there are numerous state and local statutes, as well as common law rules, regulating the rights to privacy in the employment relationship, including those relating to: criminal background checks; polygraphs, telephone and computer monitoring, public documents, and substance abuse testing. The federal paid sick leave and federal expanded family and medical leave for specified reasons related to COVID-19 that were authorized as part of the Families First Coronavirus Response Act (FFCRA or Act) expired on December 31, 2020. Content Detail, Information from MidPenn Legal Services discussing barriers to employment, specifically mental health issues and interview questions Because of the complexity of employment relationships and the wide variety of situations that can arise, employment … Read your company handbook. Unfortunately, employers and insurance companies sometimes try to avoid their legal obligations under the Workers' Compensation Act, often by misleading you about your rights. Employees and employers are bound only by will and not contract. Harassment or discrimination against any worker for one of these reasons is illegal. This means that employees can be terminated for nearly any reason, but it also means that employees can leave their employment for almost any reason. Salary and wage amounts do not include other forms of compensation, such as overtime. However, be sure to file your complaint with a neutral third party in the event of discrimination or harassment. Pennsylvania provides certain employment rights to every Pennsylvania employee. Employment rights include many areas of employment such as wages, hours, discrimination, and safety. 2. But, beware, recording a conversation without the express permission of all parties is illegal in Pennsylvania. Click Here to view the Legal Help Finder on the Pennsylvania Legal Aid Network website. Every employee should know their employment rights. It can be difficult to demand a higher wage or even request some time off. is an employment and civil rights law firm located in Philadelphia, serving clients in Pennsylvania and New Jersey. The law is clear on employee rights. Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network. Included in this responsibility is the requirement to provide an effective reasonable accommodation for an applicant or employee with a disability. Each state has passed laws and rules to protect your workplace rights: this page covers Pennsylvania employment discrimination. Philadelphia, PA Employment Lawyers. The Department of Labor & Industry, through the Health & Safety Division, acts as the data collector between employers and the community. Your employer is legally bound to protect and honor YOUR RIGHTS in the event you suffer a work injury. The federal laws that provide these employment rights to workers are Uniformed Services Employment and Reemployment Rights (USERRA) and Family and Medical Leave Act (FMLA). Pennsylvania permits preemployment criminal checks. Content Detail, Information from Neighborhood Legal Services Association about being separated from your employment. Pennsylvania provides certain employment rights to every Pennsylvania employee. This publication from the Federal Trade Commission explains the laws that protect you, and how to contact the FTC and EEOC if you think an employer has broken the law. Don’t hesitate, talk to an attorney: (412) 626-5626 or lawyer@lawkm.com. Federal, state, and local laws obligate employers to protect employee rights in the workplace. See Wage and Hour. Huntingdon - Juniata - Lancaster - Lebanon - Mifflin - Perry - Schuylkill - York. ADDITIONAL INFO How to apply for a job, requirements, FAQs and other employment details. Some occupations do not receive overtime wages even if workers work over the 40 hours in a workweek. In Pennsylvania, there are requirements relating to the minimum wage, overtime and child labor. Employees can then see what has been recorded about them and check for inaccuracies. Employees must be reinstated after their leave, and may not be discriminated against based on their service. [PDF] Pennsylvania workers who work more than 40 hours in a week and are not exempt receive overtime pay. The ADA covers employers with 15 or more employees, including state and local governments. Pennsylvania law created a system to guide employees when they’re seeking legal justice for employment rights violation. These rights ensure the safety and health of all workers. or before deciding whether you can keep your job. They may not discriminate based on certain factors, must appropriately pay employees, and must give them leave under certain circumstances, along with other laws. Register to Vote; Find a … Workers’ compensation extends monetary support for the injured employee in the realm of wages, medical treatment, rehabilitation, and other benefits. The State shall protect labor, promote full employment, provide equal work opportunity regardless of gender, race, or creed; and regulate relations between employees and employers. Employment rights include many areas of employment such as wages, hours, discrimination, and safety. The Internal Revenue Service has expanded the Identity Protection PIN (IP PIN) Opt-In Program to all taxpayers. Pennsylvania employers usually have workers’ compensation insurance to provide for employees who suffer any on-the-job injury. If you have experienced a violation of your employment rights, contact an employment lawyer who will know how to navigate your case and your rights under the law. Information from Community Legal Services of Philadelphia on employment rights including wages, unemployment compensation, family and medical leave, discrimination, workplace injuries, and unions. Most of us rely on a job for our livelihood and are afraid of what might happen if we lost our job. Content Detail, Some employers look into your background before deciding whether to hire you, Last summer, the U.S. Supreme Court ruled in Janus v.AFSCME that it’s unconstitutional to force government workers to pay “fair share fees” to a union in which they don’t belong. Many of the legal disputes involving businesses are related to employee rights and regulations. Workers have certain rights under federal, state and local law in Pennsylvania. 43 Sec. (28:08) The goal is to adjust minimum wage with inflation. In many situations, employers have handbooks that outline how certain situations should be handled in-house. 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When a worker doesn’t know their employment rights, he or she may be unaware that their employer is taking advantage of their rights. Depending on your situation, a lawyer will know the best way to pursue your rights under the law. Pennsylvania requires that employers provide a safe working environment for employees. The original Philadelphia area handbook was created by Community Legal Services, Friends of Farmworkers and the Villanova Law School Clinical Program based on a publication created by the Chinatown Community Youth Leadership Project, a program of Asian Americans United. When an employee sustains an injury while at work, that employee is entitled to file for workers’ compensation. Pennsylvania is committed to protecting the rights and dignity of individuals with disabilities. Employment discrimination is the practice of unfairly treating a person or group of people differently from other people or groups of other people at work, because of their membership in a legally protected category such as race, sex, age, or religion. The federal government provides a base level of employee protection but states have their own laws that either strengthen these protections or address other, state-specific needs. Security of tenure. Employers are required to pay for the medical costs and leave of employees who are unable to work due to a workplace injury resultant of negligence or poor, outdated facilities or safety … While neither the federal government nor Pennsylvania state obligates employers to offer paid leave to employees, the federal law does require that in certain situations employers give employees unpaid work leave. 1. of Labor & Industry Provides Update on PEUC, PUA Programs, Pennsylvanians Can Now File Property Tax/Rent Rebate Program Applications Online, Extended PEUC Benefit Payments to begin Week of January 24. The Commonwealth of Pennsylvania is dedicated to protecting the health and safety of our employees as we strive to deliver essential services to the public during the COVID-19 pandemic. Content Detail, Fact sheet from MidPenn Legal Services outlining the basic rights all employees have at their workplace. … Am I Eligible for Overtime under New Overtime Laws? The employee must use 20 days (150/160 hours) of absence for the family member’s illness/injury before requesting to use additional sick absence quota for this purpose. And an employee can leave whenever they desire unless under contract. Public Employee Relations Act of 1970 (Act 195): Establishes the rights of public employees to organize and bargain collectively through selected representatives. At any time, the employment relationship can be ended by either party. Content Detail, This is a publication from the National Council of La Raza to help safeguard Hispanics in the workplace. Content Detail, Answers to some frequently asked questions from Community Legal Services of Philadelphia about returning to work following a shutdown during the COVID-19 crisis. PA Courts Issue Several Decisions Clarifying Employee Rights for Medical Cannabis Patients Jessica Meller , Lelia Parker , Ruth A. Rauls Saul Ewing Arnstein & Lehr LLP information on PA Employment Law such as wage cases and barriers to employment such as a criminal record. 1. Unfairly fired? Families First Coronavirus Response Act. Employee Legal Awareness Day was established by an Australian lawyer, Paul Brennan. Content Detail, Episode of Northwestern Legal Services' "Access to Justice" Radio show broadcast on JET 1400 AM in Erie, PA on 5/31/07. BENEFITS Financial, health & wellness, work-life balance, career development and other rewards LEARN MORE. Content Detail, Information from the Erie County Bar Association on an employee's rights upon being fired from a job. In employment, PA law applies to companies with four or more employees, and does not apply to federal agencies, law enforcement agencies and certain other entities. Information from Neighborhood Legal Services Association on how to assert your rights in the workplace. Philadelphia: 215-618-9185, Please enable JavaScript in your browser to complete this form.Name *Email *Phone *Message *MessageSubmit, Uniformed Services Employment and Reemployment Rights, Occupational Safety and Health Administration. Pennsylvania employee rights include the right not to be discriminated against or harassed at work for your sex, race, religion, national origin, disability, or age if you are over forty. This can verify their identities to help prevent identity thieves from filing fraudulent tax returns using a taxpayers' personal information. LEARN MORE. The Deadline to enroll in Pennie, Pennsylvania’s new state-based health insurance marketplace, and have coverage that begins on January 1 has been extended to December 22. The purpose of the Pennsylvania Human Relations Act is to protect workers in Pennsylvania from unlawful discrimination in employment. Provisions of this act require employers to maintain and healthy and safe work environment. PA Workers’ Compensation Employee Rights Scenarios. The Danger of a Secret Recording in Pennsylvania. Open Jobs Contact Us TOP SERVICES. Damage, loss or destruction of employer property; Dishonored or returned checks; Direct Deposit; Frequency of Wage Payments; Manner of Wage Payments; Notice Requirements; Payment upon Separation from Employment. The most common reasons for unpaid leave are military leave, family and medical leave, or jury duty leave. Unless an employee is fired due to discrimination, an employer is permitted to terminate an employee at any time. For employees who work with all different schedules and hours, the employer is only required to pay the average daily … Federal, state, and local laws obligate employers to protect employee rights in the workplace. Pennsylvania is one of the states which adheres to the “ employee at-will " doctrine. Content Detail, This booklet from the Pennsylvania Office of the Attorney General outlines the rights a worker has in the workplace and how to get help if you are experiencing an unlawful work-related issue. Content Detail, Information from Community Legal Services of Philadelphia on employment rights including wages, unemployment compensation, family and medical leave, discrimination, workplace injuries, and unions. Depending on the violation, a different part of the government handles filed complaints from employees. Sidney L. Gold & Associates, P.C. That is what the law is for. It is a good idea to be familiar with your rights, so you can be sure they are not violated. Pennsylvania law prohibits an employer from discriminating and retaliating against employees in a variety of protected categories. A period of 20 days must be met for each separate family member and/or health condition within each leave calendar year. Meanwhile, tipped employees are governed by a different standard, but their tips should make up any difference between their hourly wage and the Pennsylvania minimum wage. Read below to learn more about Pennsylvania employment law and how the law protects you. Read More, Information from Northwestern Legal Services on how temporary employment can affect the receipt of unemployment compensation benefit. 4. 2. To prove the violation of employment rights, employees need to be proactive in documenting incidents where the violation may have occurred. Employees exempt from overtime do not receive overtime wages. §1332, grants employees the right to inspect only certain portions of their employment records. Content Detail. His aim was to emphasize the importance of legal education for employees and small businesses and reduce their risk of legal problems. An employment lawyer understands the nuances of the law and knows your employment rights. The format of the Q & A is designed to educate Hispanic employees on their rights and how to combat common forms of discrimination often experienced by this group. Philadelphia Employee Rights. Read More, Some employers check into your background before deciding whether to hire you or keep In the event of employment discrimination, reach out to an employment lawyer to learn the legal options available. Pa is required to ensure equal employment opportunities for applicants and employees disabilities! By state tax dollars ; some salaries are funded by state tax ;... Department of labor & Industry, through the health & safety Division, acts as the data between... And may not be discriminated against based on their service employer, PA is required to equal!, employees need to be proactive in documenting incidents where the violation, a lawyer will the... 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