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Blog Category | Employment law
How Long Can Workers' Compensation Benefits Last?
If you are injured on the job in Pennsylvania, you are almost certainly covered by workers’ compensation, which will afford you specific benefits. If your underlying injury or illness is serious, however, the matter of how long your benefits will last is of critical concern – consult with our experienced...
Read moreDifferences Between Independent Contractors and Employees
As of 2023, roughly 16.5 million people, about 10.1% of the workforce, are self-employed. Independent contractors enjoy flexibility, allowing them to set their own hours and be their own boss. While people may marvel at the freedom that comes with being self-employed, being an independent contractor comes with some major...
Read moreAre Unpaid Internships Legal?
With roughly 47% of U.S. interns being unpaid each year, the Department of Labor has relaxed its rules on when an unpaid internship is allowed. In general, an unpaid internship is legal when the intern is a student or receiving academic credit. If the employer is getting the most benefit...
Read moreWhat is the FMLA?
If you are the primary caregiver for a loved one, you may be wondering if you are eligible to take time off work. Signed into law in 1993 by President Bill Clinton, FMLA allows workers to take maternity leave to care for a newborn, to take leave to care for...
Read moreWhat Does It Mean to Be an At-Will Employee?
The State of Pennsylvania is what’s known as an at-will state when it comes to employment, and this causes a lot of confusion for a lot of people. Very generally, this means that employers can fire employees at any time and for any reason – or for no reason at...
Read moreSteps to Take If I Believe My Employer Is Not Paying Me for the Hours I Am Working?
If you believe that you have unpaid wages, you may feel defeated. Most importantly, you need to know that you are not alone in this predicament. In fiscal year 2023, $274 million in back wages were collected by the U.S. Department of Labor, with 163,000 workers collecting compensation for their...
Read moreHow Do I Know If I Am Entitled to Overtime?
If you are an employee who is paid by the hour, you are generally eligible for overtime pay anytime you work more than 40 hours in any given week. Because overtime pay comes in at 1.5 times more than your regular pay, it’s important to know when you’re entitled to...
Read moreHow May an Employer Monitor Employees in the Workplace?
A recent study revealed that 80 percent of major companies monitor employees’ internet, phone, and email usage. Although companies want to gauge employee productivity, it does come with certain limitations. The standards for workplace surveillance are set by both federal and state laws, safeguarding employees’ rights. In this article, our...
Read moreDOL Issues New Salary/Fee Requirements for Exemption from Overtime Employers: Check Your Compensation Schedules
The United States Department of Labor (“DOL”) issued a new salary test regulation for employees in the Executive, Administrative and Professional (“EAP”) classification in order to treat the employee as exempt from payment of overtime. The salary requirement was issued on April 23, 2024, with an effective date of July...
Read moreNew Salary Threshold For Exempt Employees
Effective January 1, 2020 , the salary level for an employee to qualify for the white-collar exemption of the Fair Labor Standards Act (FLSA) has been raised from $455 per week to $684 per week ($35,568 per year). To be exempt from overtime under the white-collar exemptions, employees must: be...
Read moreEmployee Handbook Mistakes
by Kathryn Simpson As a business owner, you probably have an employee handbook (or manual). It may have been drafted by an attorney or perhaps an employee downloaded a template from the internet and adapted it to your situation. Whatever the source or whenever it was done, now is the...
Read moreWhat Workplace Notices To Employees Are Required?
Some of the statutes and regulations enforced by the U.S. Department of Labor (DOL) mandate notices be provided to employees and/or posted in the workplace. Posting requirements vary by statute; that is, not all employers are covered by each of the statutes and thus may not be required to post...
Read moreDoes An Employer Have To Pay Hourly Employees For Commuting To Work In A Company Vehicle?
By Kathryn Lease Simpson, Esq. A: Not necessarily. Two provisions of the Fair Labor Standards Act (FLSA), that otherwise appear simple, create confusion. The first, employers do not have to pay their hourly employees for an ordinary commute to and from work. This is true even if an employee reports...
Read moreBackground Investigation of Prospective Executive Hires: a Necessary Evil
By: Kathryn L. Simpson The headlines are everywhere. Every day another occupant of the “C-Suite” in a large company is accused of sexual harassment or physical assault. Many of the instances of harassment may have occurred while the person worked for another employer but the sins come home to roost...
Read moreThere’s a New I-9 in Town
Starting on September 18, 2017, all employers will be required to have completed a new I-9 Form for every NEW employee. However, you can start using the new form immediately. Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States....
Read moreThe Defend Trade Secrets Act: Do Your Employment Documents and Policies Comply?
By Kathryn Lease Simpson The Federal Defend Trade Secrets Act (DTSA) was amended on May 11, 2016, effective immediately. The newly amended law contains a whistleblower clause that provides immunity for the disclosure of trade secrets to government officials for the sole purpose of reporting violations of the law. Why...
Read moreLegal Wellness Checkup – Form I-9
by Kathryn Simpson Are you an employer? Have you hired any new employees lately? Do you have a completed a Form I-9 for every new hire? Finding and hiring qualified employees for your business can be a long and involved process. Once you do hire a new employee, be sure...
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