labour law and employment law

employment law and labor law

Employers must provide sufficient documentation to ensure compliance with the new law. This includes a physician's note. The letter does NOT have to list the illness. Employees have the right to additional sick days if they so need. Employers must keep records regarding employee hours worked and sick time.

* Retaliation

It is difficult to prove non-solicitation. It is possible to show that a former employee was actively looking for a new employer. However, it can be difficult to prove that they did not contact former clients or customers. Although ex-employees may give out business cards in some cases, it is unlikely that this constitutes solicitation.

Employers can't fire disabled employees because of discrimination under the Americans with Disabilities Act (ADA). If the company makes reasonable accommodations to enable disabled employees to perform their jobs, they are protected from being fired. Employers with more than 15 employees are exempt from this law.

Noncompete claims

An executive employment agreement may include a clause that provides a golden parachute. These clauses will kick in if the executive leaves the company. These clauses may be highly lucrative, but they can also result in companies not having enough capital to pay their top employees. Avoid golden parachute clauses, especially if you're an executive.

Philadelphia has one among the lowest minimum wage levels in major U.S. cities. Many Philadelphia residents are struggling just to survive. Recently, Mayor Jim Kenney approved an ordinance that will increase minimum wage for certain city employees. The Consumer Price Index of all urban consumers is the basis of the new minimum salary rate.

Non-solicitation

Philadelphia recently passed a new law which will require employers provide paid sick days to their employees. COVID-19 refers to Philadelphia's code which deals with "promoting healthier workplaces" as well as pandemics. It will require employers in health care to offer paid sick leave to employees who have been diagnosed with the COVID-19 disease. This law covers employees working in hospitals, nursing homes, and home-based health care providers. To qualify, employees must work at least 40 hours in the last three months.

Philadelphia's Health Care Law does not require employers or doctors to obtain a doctor’s note for every employee who takes sick days. Instead, employees receive paid sick days based on their hours worked. The law does have some nuances. Temporary placement agents are exempt from the law. This could make it more difficult for employers. Before they make any final decisions regarding whether or not the law applies, employers should consult an employment attorney.

If the payments for golden parachutes are excessively high, they may be subject to taxation. They can also prove costly for companies. Before deciding to purchase a golden parachutise, executives should consider the tax implications. It is possible to reduce the risk of excessive parachute payments by increasing the base of compensation prior to a change in control. This strategy can lead to a higher base of compensation for executives in the long-term.

Philadelphia's law on health protects employees no matter what the reason is for an employee not being available. It requires employers to give sick time to their employees. A sick employee must be paid at minimum 80% of the regular salary if they need to recuperate from an illness.

Non-compete clauses and non-solicitation clauses should be included in executive employment agreements. These clauses protect the executive's reputation, knowledge, and experience. They can also limit a company’s ability to hire and fire executives. No matter how long an executive stays with a company for, it is important that you review executive employment agreements to ensure the best terms.

We may be able offer representation or advice if your legal matter is one we could help with.

Noncompete claims

Employers have two options: adopt an existing policy, or create a standalone benefit that meets the law's requirements. Employers who want to eliminate their voluntary paid sick time should review their policies.

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You can file a complaint if you are an employer in Philadelphia against a client, or even a former employee. The Philadelphia Wage Theft Coordinator can handle your complaint. The Philadelphia Wage Theft coordinator will review your complaint and notify you. The employer must respond by providing all records regarding hours worked and amounts paid to third parties.

A golden handshake can be included in a executive employment agreement that includes a golden parachute. This is a generous version of the gold parachute that may include equity or certain stock options.

Pennsylvania's overtime rules require employers in Pennsylvania to pay at least 1.5x the employee's regular rate for any hours worked over forty-five times per week. These amounts range from $12 to $18 an hour. Employers often fail to pay overtime if their employees are not salaried and work less that forty hours per week.

The minimum wage in Philadelphia is just one part of the equation to alleviate poverty. The minimum wage has an impact on not only how much a worker makes but also how many hours he or she works. Numerous studies have shown that increasing the minimum wage not only benefits the economy but also keeps young people off the streets.

Breach of contract

Philadelphia has an antidiscrimination ordinance as well the ADA. The facts of your situation and the remedies available will affect the choice of law that you file. A Philadelphia employment law lawyer can help you understand which laws might be applicable to your case. Employers must offer reasonable accommodations to disabled employees in order to allow them to perform the essential functions required by their jobs.

A provision concerning confidentiality is an important aspect of any executive employment agreement. Executive management employees have often access to sensitive financial and business strategies that could prove to be detrimental to the company if they are not used properly. The majority of this information is protected by statutory Trade Secret Protections. However, the executive employment contract should explicitly outline confidentiality obligations.

Many employees who are well-intentioned will seek out help from their supervisors or HR departments to solve work problems only to discover that the statements they made were being used to protect the business' best interests. To understand the unique circumstances of each client and gain an objective view of their legal situation and to help them make informed decisions about how to protect it, we recommend that they seek legal counsel before bringing a claim to a company representative.

* Violations in the minimum wage

Our clients have described our lawyers as trustworthy, friendly, professional and communicative. We won't tell your specific situation what decisions you should make. We assist clients to make informed decisions. Instead, we provide a legal and factual analysis of their options and advise them on the potential consequences.

Walmart employees who have been with the company for over 15 years were another case. The employee had requested reasonable adjustments in her work schedule but was denied due her disability. Her disability led her to being denied promotions. The EEOC ruled in favor of the employee and ordered them to pay her nearly $40K.

civil litigation attorney

The Illinois Freedom to Work Act (January 1, 2022) adds important protections to employees. It puts employees in a much better position to negotiate. The Freedom to Work Act also protects employees by mandating the payment of attorneys' fees to an Employer when they initiate litigation.

Discrimination against qualified employees with disabilities can be prohibited by the Americans with Disabilities Act or Pennsylvania Human Relations Act. These laws may not apply to every situation but they are intended to protect employers from discriminating towards these employees. Employers are required make reasonable accommodations to ensure employees are comfortable.

All employment law services will be handled by us, including whistleblower, harassment, wage-and-hour, wage and hour, andwrongful termination claims. We also advise and represent clients in severance negotiations and non-competition agreements, equity arrangements, and other contract negotiations.

Golden parachute

* Discrimination against people based on their race, color and gender, LGBT status/identity, national origin, religion or age

Executive employment agreements generally cover compensation, equity grants, length of employment and benefits. They often also cover termination. Termination provisions are often the most controversial of all these topics. A comprehensive termination clause should be included in an executive employment contract. Here are some things you should know.

labour law and employment law
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Age discrimination

All employment fields prohibit discrimination based on disability. Employers cannot make decisions based upon a candidate's disability, mental impairment, or nationality. Employers are forbidden to discriminate on the basis that a disability affects compensation, terms, privileges, and employment opportunities.

Employers who have ten employees or more are required to offer paid sick leave. Eligible employees can accrue up 40 hours of sick leave each year from covered employers. Employers are allowed to offer employees more than the minimum amount. Philadelphia's covered employees will begin to receive paid sick leave upon starting their employment. Each forty-hour worked hour, employees will receive one hour of paid sick leave. This means it will take the employee 90 days for their full 40 hours of paid sick time.

Philadelphia Minimum Wage Laws. What You Should Know

Frequently Asked Questions

The answer is almost always yes. Sometimes this will require paying by the hour for straightforward legal advice for your employment dispute. Legal representation is worth it. You will save money down the road by protecting yourself against wrongful termination or other employment problems. An employment attorney can help you navigate difficult work situations. We represent employees in all types of employment law cases and employment disputes. If you have been wrongfully terminated, let us know how we can help in your wrongful termination suit.

Employment and labor attorneys in Philadelphia, PA tend to be aggressive. Even securing legal counsel for a wrongful termination suit can be challenging due to the overwhelming volume of employment litigation in Philadelphia, PA. When you�re fighting to enforce federal civil rights laws and stop workplace discrimination, large companies take notice. But just because large companies and their employment law attorneys are aggressive, does not make sure you should be scared. The bigger they are, the harder they fall. And we have a proven track record of taking on Goliath.

Employment law is much more than workplace discrimination. You might need legal counsel to help with employment agreements, contract negotiations, or a severance agreement review. There is also law that applies specifically to public sector employees. New Jersey employment laws differ from Philadelphia employment laws. And there are aspects of business law with an employment element as well. Perhaps you saw some illegal activity at work, then you can bring whistleblower claims. Did you suffer a personal injury at work? Then you have a workers compensation claim. Maybe your employer is accusing you of breaching a non-compete agreement or taking trade secrets with you to a new company. You will definitely need us in this case. There are so many different aspects of employment law. Give us a call and find out.