How Do Employers Defend Discrimination Claims?

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There are federal and state laws in place that protect employees from discrimination and harassment. Companies who face discrimination suits can defend against the claims if they have taken all the reasonable steps needed to prevent employees from committing acts of discrimination or harassment. However, a plaintiff in a recent court case, Allay (UK) Ltd v Gehlen, challenged an employer using that defense and succeeded. Of course, this ruling is not precedential here in the US, but it has value to highlight how courts may be starting to alter their views on workplace discrimination.

In the United Kingdom, an employee who was fired for poor performance informed their employer that they experienced workplace harassment. The employer initiated an investigation and determined that a colleague had made racist remarks. The discrimination claim was investigated further, and the tribunal learned that two managers knew about the comments but did not take action.

It was found that the managers and employees had been provided with discrimination training, but the training program was outdated. Since the employer had failed to update their training, the Employment Appeal Tribunal decided that the company did not take all of the reasonable steps that could have prevented the harassment. The employer’s appeal was therefore dismissed.

When are Employers Liable for Workplace Harassment?

Under the Equality Act 2010, an employer has accountability for other people’s actions in workplaces, which is called vicarious liability. Section 109 of the Equality Act specifies that anything that an employee does in their course of their employment must be looked at as also done by the employer. Even when the employer is unaware of the discrimination, they can still be held liable. This also extends to other people that the employer brings in, such as consultants, company-sponsored events, and unwelcome posts on work-related social media platforms.

Can My Employer Defend Against My Discrimination Claim?

Even though employers can be held vicariously liable in workplace discrimination suits, they have the option of trying to show that they took reasonable steps to prevent the discrimination. Employers that have strong anti-discrimination procedures and policies that are kept in practice may be able to defend their interests. They may also need to show that staff members have been trained on preventing and addressing discrimination and that they take all discrimination allegations seriously.

How Do State Anti-Discrimination Laws Apply?

In Pennsylvania, employees are also protected by state and federal laws. The Pennsylvania Human Relations Act protects employees by making it illegal for employers to discriminate based on:

  • Race
  • Religion
  • Sex
  • Color
  • National origin
  • Age

There are other protected categories as well. Workplace discrimination claims can be filed through the Equal Employment Opportunity Commission (EEOC), which is a federal agency, or the Pennsylvania Human Relations Commission (PHRC), the state administrative agency. These two cooperate with claim processing, so it is not necessary to file with both; you can also dual-file with both. Deciding which agency is best to file the initial claim is something an attorney can help with.

To conform with the laws, the claims must be filed within 180 days after the alleged discrimination took place. There may be exceptions to that deadline, so it is important to understand the facts before filing. A qualified employment lawyer can help with the claim filing process, as well as any challenges that the employer might make.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Work Tirelessly to Protect Employees Against Workplace Discrimination

If you believe you were harassed or discriminated against at work, you may have a legal claim. A Philadelphia employment lawyer at Sidkoff, Pincus & Green P.C. can help you with your discrimination or harassment case. Complete our online form or call us at 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Which Employment Laws Change Frequently?

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It can be difficult for businesses to keep up with all the changes passed by Congress and state legislatures. However, there are ways to focus attention on certain areas of law and how to possibly avoid any compromising situations with company policies. The Coronavirus (COVID-19) pandemic has created a new set of challenges to businesses, some of which have come from needs for new regulations or emphasizing outdated ones. Outside of the COVID-19 pandemic, state and local governments continue to alter the following laws.

Minimum Wage

Minimum wage may be the most important law to follow. It varies greatly by state and even county in some states. The rules affect hourly and salaried workers. Exempt workers often see their salary floor adjust based on the local minimum wage. If employees travel for work or operate in multiple jurisdictions, that can also affect wages.

Paid Sick and Family Leave

Paid sick leave and family leave laws are starting to appear in different states and cities, often with different language and guarantees for employees. Many of these laws create challenges for managers and Human Resource (HR) professionals. These professionals may not correctly apply hours or unnecessarily penalize workers for opaque policies.

Legalization and Decriminalization of Recreational Marijuana

More states are now enacting or forming legislation that decriminalizes recreational cannabis. That may alter business practices of drug testing employees. While some states may legalize it, marijuana remains a controlled substance on the federal level and is illegal. Any company looking to do business with the federal government or any of its departments or entities may want to maintain restrictions until otherwise clarified. Additionally, many states have put new restrictions on what employers can ask or demand of job applicants. This can make questions about criminal background or salary history obsolete.

How can Companies Adapt to Remote Work Regulations?

Many businesses have allowed employees to work from home during the COVID-19 pandemic. While the decision has kept millions healthy and productive, the long-term ramifications are evident. Companies must still manage workers operating from home; this includes providing for all breaks, establishing consistent expectations for work output and duties, and making sure employees are in Fair Labor and Standards Act (FLSA) compliance with their work. It is important for employers to communicate clearly and consistently to reinforce expectations and policies.

While it may not be as easy to comply with labor laws, if most workers stay out of the office, there is still a mandate to meet the requirements. Employers can use websites or emails to fulfill their obligations; this can allow for active verification of receipt or engagement by employees, as well as the ability to update with ease. Companies and employees should expect working from home to continue even after the pandemic ends. Adapting to policy changes can create new expectations that can help keep employees satisfied and retain talent.

How Should Companies Adapt?

It can be very difficult to stay compliant with all changes. If businesses can afford to keep wage floors elevated across multiple jurisdictions, it may help worker retention and attract better applicants. Many multi-state companies utilize uniform policies for hiring, leave, and other areas that give the most generous options to workers. Uniform policies also reduce the amount of potential changes that come from new laws and the amount of resources spent monitoring reform efforts. For help with complex litigation matters and abiding by company policies, it is wise to consult with an employment lawyer.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Business Owners Monitor Employment Law Changes

Following various legislation while trying to run a business is challenging, but legal counsel can help. Our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. have the experience and insight necessary to keep you focused on your success. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and South Jersey.

What are the Legal Considerations for a New Trademark?

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Starting or growing a business comes with many legal considerations. A major component is branding the new venture with a trademark to provide identification. However, with more of the marketplace globally available, it can be challenging to find something that resonates with the business. Small business owners should not impulsively decide. Business owners should invest in researching the industry or product territory both locally and online to avoid resembling competitors.

Completing a trademark search will help identify potentially competing ideas and brands that will help the process. Having a unique last name or combining words can avoid common legal pitfalls. More common names or brands may appear if they are not directly competing in the same sector. Using an established name may create additional challenges, but it is not completely forbidden.

Check social media to see what potential competitors use with trademarks and general branding strategy. Social media platforms have become more vital in building new companies. App stores would be a good place to find brands with similar names and functions. There are also common law databases available for regional companies who entered the marketplace and have done business with a trademark but did not file nationally.

What Should Business Owners Avoid?

The following are some suggestions on what to avoid in creating a new trademark:

  • Being too similar phonetically to other trademarks.
  • Being too visually similar to other trademarks.
  • Being similar to brands with a record of challenging trademarks in court.
  • Coincide with any legal precedent that would warrant a legal challenge.

The U.S. Patent and Trademark Office has videos and other online resources to help companies avoid common mistakes in creating a trademark and expedite the approval process.

What Should Companies Do While Applying for a Trademark?

The application for a trademark will require a physical manifestation of the new mark, both in basic logo form and on apparel or marketing materials. Make sure the wording and illustration are distinctive enough to uniquely identify the brand for consumers.

Rights to a trademark go to the first company to use it in a specific field or region. However, federal registration can allow a company who does not file first to be the owner of a mark or brand name. While the process is long and costly, it may be beneficial long-term for a company to register federally. Locking in usage requirements happens when either a brand comes to market for sale, or the promotion of the brand is used through printed or digital resources. This works best for a consistently marketed or sold product or service. A trademark that is not used for about three years may lose its rights.

If applying, business owners should make sure to follow up with any questions or challenges that may be posed to try to avoid complex litigation issues. If anything arises, the legal process can take months or longer if it is not properly vetted and all procedures are followed.

Philadelphia Business Attorneys at Sidkoff, Pincus & Green P.C. Help Business Owners with Trademark Applications and Disputes

There are many considerations while forming a trademark for a new company. The U.S. Patent and Trademark Office strongly encourages using a licensed attorney with trademark law experience to help with the process. A Philadelphia business attorney at Sidkoff, Pincus & Green P.C. can help your company and defend your new trademark application. Call us at 215-574-0600 or contact us online for an initial consultation. Based in Philadelphia, we serve clients throughout Pennsylvania and South Jersey.

Is My Company in Compliance with Changing Employment Laws for 2021?

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Now is a good time to check if companies are compliant with new employment laws passed last year. Congress, state legislatures, and the courts altered employment law throughout 2020. Certain states mandated new topics to cover and shifts in employment philosophy make other subjects more relevant. States may require or recommend training on:

  • Sexual harassment
  • Anti-discrimination
  • Work-site safety
  • Industry-specific subjects
  • Ethics and compliance
  • Diversity and inclusion
  • Unconscious bias

For managers and other supervisory personnel, they may need additional training on the Fair Labor Standards Act (FLSA), performance management, the Family Medical Leave Act (FMLA), and other topics. All trainings should be documented, and employees should achieve the necessary assessment scores. When not using computer-based modules with integrated sign-ins to verify completion, keep sign-in sheets and other paperwork in one place or file.

Is the Employee Handbook Current?

It is important to keep up with the laws that may affect certain policies already in place in employee handbooks. Laws will vary by state, which can make it confusing for employers operating in multiple locations. For drug testing policies, look to see if they should be altered. Many companies operate in multiple states and some states who legalized recreational cannabis abandoned testing unless specifically required in some industries.

Many companies allowed employees to work from home in 2020 due to the pandemic. That forced some adjustments to those policies. If the company wants to protect employees by allowing them to work from home when possible, make sure the handbook follows any new laws passed. According to the Americans with Disabilities Act (ADA), if work from home does not create an undue hardship on business operations, more employees may be allowed to stay home instead of working on site.

With the federal government passing multiple relief packages to combat the current Coronavirus (COVID-19) pandemic, there have been new programs to allow paid leave for parents who lost childcare or have children learning from home. Other cities and states created new or expanded paid leave laws. COVID-19 has also created awareness around personal safety. Multiple states adopted new worker protections while the Occupational Safety and Health Administration (OSHA) introduced new safety procedures specific to the pandemic. If this was not updated during 2020, affected policies should be changed for this year. Additionally, the Supreme Court altered Title VII language to include sexual orientation and gender identity under sex discrimination.

Has the Application Process Been Updated?

Over half the states in America now have some form of banning requested salary histories for hiring applicants, including most states in the northeast. Even within those states, there are different rules for specific cities and counties. Other states and municipalities have altered rules on what can be asked of candidates, such as prior arrests or other considering factors that may not directly apply to the position. Thirty-four states also have legislation that prevents or limits employers from asking about criminal history as an effort to reduce recidivism.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Employers Stay Compliant with Changing Employment Laws

It can be difficult to keep track of all the legislative changes that may affect your business. Oftentimes, slight alterations can have a bigger impact than high-profile bills. Let the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. guide your company through the changing landscape of COVID-19 policies and how it affects your business. Call 215-574-0600 or contact us online to schedule an initial consultation. Based in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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What is Political Workplace Discrimination?

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Discussing Salary

A recent social media post has sparked controversy online. An alleged posting stated that a company is seeking job applicants that are not liberal. The business is looking for someone who is logical and reasonable and went on to say that liberals do not represent what the company is looking for. Whether or not this post is legitimate or fake, it does raise an important question; can an employer refuse to hire or fire someone based on their political beliefs? In some instances, an employee does have legal protections.

It is common today to see political tensions online, at home, or even in the workplace. Political conversations may lead to heated debates, and an employee may feel as though they are subject to termination in the workplace for their political beliefs. The extent of protection against political discrimination depends on if the employer is a private or public entity.

Are There Federal Laws Against Political Discrimination?

As of now, there are no federal laws that protect workers from political discrimination since political views do not belong to a protected class. Under Title VII of the Civil Rights Act of 1964, employers are prohibited to discriminate employees based on their race, sex or gender, age, national origin, disability, or another protected characteristic. Political views do not fall within a protected class, but it may be connected to one. For example, if an African American employee goes to a Black Lives Matter movement and they are fired, they may argue that they were wrongfully terminated because they belong to a protected class. Additionally, an at-will employer may fire a worker at any time without notice. In this case, an employee may not even be aware of the reason for their termination.

What if It is a Private Business?

Many workers may wonder whether political discrimination violates First Amendment rights. The First Amendment allows freedom of speech and protects political and religious views, but only from government action. Some employees in the public sector may argue that their First Amendment rights were violated; however, employees who work for private employers are likely not eligible to make this argument.

Many states and private employers protect their employees’ political activism and views as long as it does not adversely impact the workplace. For example, if a worker is soliciting co-workers or handing out political pamphlets, it may cause division and tension. Employees should also be mindful about social media posts. If the posts violate company policies or raise implications, they may be subject to termination.

What Should I Do if I Have a Discrimination Claim?

Employees should keep in mind that intent and the extent of their political activities will largely impact a claim for discrimination. There must be concrete evidence of discrimination, and this may be difficult to prove. If a worker belongs to the public or private sector, it will greatly affect a claim as well. Since there are many complexities, it is imperative that an employee speaks to an employment lawyer about their legal options. A lawyer will thoroughly evaluate their client’s case and determine the best course of action.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Workers Against Unlawful Discrimination

Employees have rights in the workplace, and their political views may be protected in some cases. Proving political discrimination can be difficult, but a Philadelphia employment lawyer at Sidkoff, Pincus & Green P.C. can help you with your case. Depending on the specifics, a discrimination claim might be valid. Complete our online form or call 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

What are My Rights for Mental Health in the Workplace?

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Mental health discrimination in the workplace is unethical and illegal, and workers with mental illnesses have protection under the law. Despite this, mental health discrimination in the workplace persists. The problem is that this type of discrimination is difficult to prove or even detect. Mental health discrimination in the workplace will generally take one of three forms:

  • Discriminatory actions, such as:
    • Being excluded from travel or other events because of phobias
    • Not being given assignments that could aggravate anxiety
    • Being demoted or overlooked for a promotion due to mental illness
    • Being fired for using company time for doctor visits, therapy appointments, hospital stays, or doctor-advised time off
    • Being demoted for taking time off to care for a family member with a mental illness
  • Harassment, such as:
    • Being mocked by co-workers or superiors, whether by oral, written, or physical means, such as gestures that relate to the mental illness
    • Overhearing derogatory terms or names
  • Retaliation can happen when a worker with mental illness reports the discrimination or takes action to end the discrimination. It could take the form of:
    • Exclusion from meetings or projects after reporting the discrimination to Human Resources
    • Verbal harassment or bad performance reviews by a superior related to the discrimination complaint
    • Not receiving a promotion or raise, or given a different job or title after a discrimination complaint
    • Being moved to a different location in the department after making a complaint

What are My Rights Regarding Mental Health in the Workplace?

Federal and state laws protect workers with mental illnesses or who take care of family members with mental illnesses. These laws include the following:

  • Americans with Disabilities Act (ADA): This Act protects workers with physical or mental disabilities in companies with 15 or more employees. The ADA states that employers cannot treat someone with a mental illness differently from others in the same job. Specifically, an employer should not use a mental health diagnosis in decisions related to training, promotion, transfers, discipline, lay-off, termination, and pay.
  • Fair Labor Standards Act (FLSA): Among other things, the FLSA makes it unlawful for an employer to pay a person with a mental illness less than a person without a mental illness performing the same job duties. The Department of Labor has mental health toolkits to help employers comply with federal labor laws related to mental health in the workplace.
  • Equal Opportunity Employment Commission (EEOC): This federal agency enforces fair workplace practices, including those for mentally ill workers. Employees can report mental health discrimination, unfair labor practices, and related workplace issues to the EEOC to take their case to the federal level.

Must Employers Comply with Reasonable Accommodations?

Both the ADA and the EEOC allow employees to ask for reasonable accommodations at work to address their mental illness. It requires an employer to comply with the requests as long as they do not result in business hardship or violations. Reasonable accommodation requests may include having a support dog at work, working from home, being placed in a quiet area, or being allowed to wear headphones to drown out noise.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Victims of Mental Health Discrimination

Discrimination against employees with mental illness is illegal. Employees who care for family members with a mental illness also have rights under the law. If you feel your rights have been violated, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We help employees with mental illnesses obtain fair and just compensation under the law when they are victims of discrimination in the workplace. For an initial consultation, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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Should Employers Require a Checklist for Remote Workers?

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Before a person takes a job that will require them to work remotely, they should be sure that the employer has established a checklist that will go over the employee’s responsibilities and the employer’s obligations. With no traditional structure surrounding an employee, it can be easy to drift beyond the scope of their responsibilities. It is important for employers to establish a checklist at the outset so both the employee and employer have a firm understanding of each other’s responsibilities. The onset of the Coronavirus (COVID-19) pandemic forced numerous businesses to work remotely. If firms continue using remote workers, they should establish a checklist when hiring new employees.

What Items Should be Included on a Checklist?

A checklist establishes the parameters of a remote employee’s responsibilities. For the employee, it is good to know what is expected of them and what they can expect from their employer. Specifically, the checklist should include information about:

  • The state the employee resides
  • Telecommuting plans
  • Employer responsibilities
  • Workspace parameters

By laying out the specifics in all four categories, employers and employees can establish a positive working relationship that should function just as well as if they were both working in the same office.

Why Does It Matter Where I am Working?

Employment law differs by state and impacts certain ways that employers interact with employees and what benefits they can and should provide. Employers should determine the state their employee is working out of and become familiar with the specific employment laws and regulations that apply. These are essential even during the hiring process as different states allow certain questions to be asked on applications while others do not. Having a checklist that lays out a state’s specific regulations will enable the hiring process to run smoothly.

What Should a Checklist Include About the Telecommute?

From the beginning of a relationship between an employer and a remote employee, the structure of that relationship should be established. For instance, an employee should know right away if the remote aspect of the job is temporary or permanent. They should also know if the position is 100 percent remote or if there will be some time in the office. The employee should also be made aware of any potential timeline of the job moving back to the office.

An employer should establish work hours for an employee and how that employee will check in during the day. It is important for an employee to understand when the workday begins and ends to prevent them from working too much or not enough. They should also know if they are eligible for overtime and how that can be accurately tracked to ensure that they are not taking advantage of the situation or are being taken advantage of.

What Will My Employer be Responsible For?

When establishing a remote working relationship, a checklist should include what an employer will be responsible for when it comes to paying for expenses. An employee should understand what expenses an employer will pay for and which ones will be the responsibility of the employee.

The equipment an employee uses should also be a part of a checklist for an employer as to what they will provide. Whether an employer elects to provide that equipment is up to them, so long as they explain that at the start of the relationship. Along with equipment comes minor expenses, such as mailing, faxing, and purchasing small office supplies, such as paper and folders.

How Should Remote Employees Establish Workspaces?

Security measures need to be established if a remote employee is working on sensitive material. Most are working from home where there are other people around. Both sides need to establish what an employee must do to secure whatever electronic device they are working on to prevent others from gaining access to it. If a company does not provide a phone for the employee, they may need to use their personal device for professional reasons. An employer should establish how much business they are comfortable with their employee conducting on their personal appliances.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Employees’ Rights

If you are experiencing employment issues while working remotely, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help you. Our hard-working lawyers know the law and can help you achieve the resolution that is best for you. Fill out an online form or call us at 215-574-0600 today for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and South Jersey.

What are the New Guidelines for Employers from OSHA?

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The U.S. Occupational Safety and Health Administration (OSHA) has laid out its guidance outlining the procedures companies should enact to increase the safety of employees in the waning months of the Coronavirus (COVID-19) pandemic. As COVID-19 made its way into the United States, many states had to shut down, which forced numerous businesses to close. However, many could not remain closed for long or else they risked having to close their doors permanently. Those that pushed to re-open implemented policies to protect their employees and keep them safe. There have not been any national standards provided for what business should be doing to ease employee fears. In February, OSHA released new guidance and suggestions, including implementing a COVID-19 Prevention Program.

What is a COVID-19 Prevention Program?

OSHA suggested that all companies develop a COVID-19 Prevention Program, which establishes certain key elements around the workplace. Those elements include:

  • Conducting a hazard assessment;
  • Identifying measures that limit the spread of COVID-19 at work;
  • Adopting measures to segregate employees who have the virus or were exposed to it; and
  • Protecting employees who raise concerns about COVID-19.

OSHA suggests that employers work with their employees to determine which elements they can implement and how they intend to do that.

How can I Prevent the Spread of COVID-19 at my Workplace?

Containing and limiting the spread of COVID-19 is a major concern for many people. To protect employees, OSHA offers several suggestions on ways to prevent the spread of the virus, including:

  • Implement physical distancing: Firms should attempt to distance desks and other working areas at least six feet apart to prevent the spread of the virus.
  • Install barriers: In some instances, it might be difficult to separate desks from significant distances. In those cases, it makes sense to put up barriers between desks.
  • Wear a mask: While not a popular activity, many believe that wearing a mask will limit the chances of spreading the virus.

Workers need to take some personal responsibility as well. They should follow the guidelines established by their employer and practice good hygiene. Employees should also report any health problems they might have, including any potential exposure to someone who has been diagnosed with COVID-19.

What Steps Should be Taken to Protect Employees?

Preventing the spread of COVID-19 should be a team effort. Employers should work with their employees to coordinate policies that will not hinder their job performance. To that end, OSHA recommends the appointment of a workplace coordinator, who will work with management to ensure that all procedures are being implemented and followed. That person can also be contacted if an employee has a problem with certain procedures or wishes to file a complaint about someone not following the procedures.

In addition, employers should always maintain a line of communication with their employees about the policies that they are putting in place and why. Another recommendation is that employers conduct regular training sessions for employees to review policies. The session would be a good opportunity to help employees adapt to any new policies that are pending and learn about the rationale behind why the company is implementing certain policies. Employers should also establish a thorough daily cleaning regime. Establishing these policies and procedures in advance will enable employers to react quickly to most situations to minimize the impact they have on their employees.

Philadelphia Employment and Labor Lawyers at Sidkoff, Pincus & Green P.C. Help Employers and Employees with COVID-19 Concerns in the Workplace

If you feel your company is failing to take adequate measures to protect you and your colleagues from COVID-19 or if your employer has retaliated against you because you spoke out about their policies, the Philadelphia employment and labor lawyers at Sidkoff, Pincus & Green P.C. can help. For an initial consultation, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout South Jersey and Pennsylvania.

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What are the Current 2021 Workplace Litigation Trends? 

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Workplace Litigation Trends

With 2021 well underway, experts and forecasters are busy predicting what the year will bring in terms of political changes, economics, and public arenas, like workplaces. Naturally, the pandemic has impacted every facet of life. This and other factors are currently influencing current 2021 workplace litigation trends.

How has COVID-19 Affected Workplace Litigation?

Industries will be affected differently as the pandemic continues. Some companies have faced claims that they violated COVID-19 workplace safety regulations, and there have been cases with employers attempting to retaliate against employees for speaking out about violations. Other businesses have had legal issues pertaining to staff, including rehiring furloughed workers, layoffs, and retaining talent.

Leave and remote work conflicts are also becoming common issues. Employers must be careful when choosing who can return to work, as this could lead to discrimination claims. It is also important to keep up with government safety recommendations and to communicate these to all employees in a timely fashion. Companies that provide the vaccine to employees can use this to retain and attract talent; however, requiring employees to show proof of vaccination before returning to work could lead to litigation.

Will Wage and Hour Litigation Increase?

The standard 40-hour work week could soon become a thing of the past, as companies have become more flexible about working hours. Gartner’s Reimagine HR Employee Survey showed companies that provide flexible hours and working locations saw 55 percent of high-performance rates. It is thought that more employers will be measuring employee productivity by actual output instead of the number of hours and locale.

With so many people working from home, having reduced hours, and being furloughed, it is not surprising that worker misclassification and timekeeping errors have been trending upward. It is more difficult to record working hours when employees are at home. One report claims that the U.S. Department of Labor (DOL) will be prioritizing wage theft enforcement; there has also been minimum wage increases for 25 states this year. There are other regulatory changes and key state initiatives as well.

How Do Government Regulations Factor in?

Another study showed that government agencies, including the DOL, Office of Federal Contract Compliance Programs, and the U.S. Equal Employment Opportunity Commission (EEOC), brought fewer legal actions in 2020 when compared to previous years. Nevertheless, the EEOC recovered $535.4 million last year for alleged discrimination victims. It is thought that the new presidential administration is likely to focus on administering employment litigation. There could be more regulation of businesses, assertive enforcement of workplace laws, and a possible expansion of workers’ rights.

What Other Trends are Significant?

As workplace environments evolve, it is important to note other changes that may be on the way. The pandemic has provided business leadership with more visibility into their employees’ personal lives, helping companies understand how home lives impact work performance. Employees who feel that their companies support their personal lives also perform better. As an example, if a worker with a seriously ill child was allowed to work remotely until further notice, they might perform better than if they had to report to an office.

Employee monitoring is another trend to watch. Over 25 percent of companies surveyed had invested in new technology to track and monitor their employees through passive means. Meanwhile, respondents admitted that they were not sure of the best ways to protect employee privacy while using the technology. This can erode away at employee trust, especially if the data is not shared with them. This year, there will be new state and local regulations about limiting what employers may track and monitor.

Philadelphia Employment Litigation Defense Lawyers at Sidkoff, Pincus & Green P.C. Help Clients with Employment Litigation

If your company is facing employment litigation, turn to the skilled Philadelphia employment litigation defense lawyers at Sidkoff, Pincus & Green P.C. We will protect your best interests and provide skilled legal representation if needed. Complete our online form or call 215-574-0600 for an initial consultation today. Located in Philadelphia, we help clients throughout South Jersey and Pennsylvania.

What are the Top Issues for Non-Compete Agreements in 2021?

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The last year saw non-compete agreements go through several transitions as much of the workforce shifted to a remote working environment. A new year does not mean those issues will go away, as employers are still struggling with how to deal with remote workers and the language of their non-compete clauses are gaining more scrutiny as a result. The clauses, in general, have garnered the attention of several federal and state governments. Many expect the coming year to bring more restrictions at the state level.

What are Non-Compete Clauses?

Non-compete clauses restrict an employee from going to work for a direct competitor until a certain period has passed. They protect the business from an ex-employee bringing trade secrets to a competitor. Non-competes provide a set time that the former employee is prohibited from moving to a competitor, although time is not always a factor. Some will include geographic restrictions as well as limiting what industries a person can go into after they leave a company.

In other words, a non-compete clause may limit a person from moving from one financial services firm to another in the same town within a few weeks of leaving their job.

What Issues are Associated with Non-Compete Clauses?

Some problems have arisen with non-compete agreements, such as the size and scope of these agreements, as well as the impact of remote work. Originally, the clauses would only limit former employees from moving to a competitor within a few weeks or months. However, over time, these provisions grow over just a few months. They can also change geographically to expand beyond the physical location of the company. In some cases, they have encompassed the entire country. These expansions have caused non-competes to come under scrutiny with opponents claiming that they unnecessarily limit a person’s ability to make a living.

Some states have also placed restrictions on what an employer can make a firm sign, while others have banned their use. Where it gets difficult for employers has to do with employees who are now working from home in a jurisdiction that might treat non-compete clauses differently than how the office’s jurisdiction handles them. The courts explained that the onus is on the employers to word their agreement in such a way that clarifies any discrepancies in jurisdictions.

How are States Handling Non-Compete Clauses?

Each state is handling non-compete clauses in their own unique way as some take an aggressive stance against them and others are more lenient. Some states will limit the geographic reason or the timeframe that an employer can use it in their agreements, while other states may not restrict or enforce these agreements.

What is in Store for These Agreements?

The federal government has made several attempts to pass legislation that would limit these agreements or outright ban them; however, those efforts have failed. Any restrictions on non-compete agreements will most likely come from individual states as pressure mounts on local governments to limit them. Those states that currently do not have anything on the books addressing non-competes will push to adopt something, especially if they do not see anything from the federal government.

Philadelphia Non-Compete Lawyers at Sidkoff, Pincus & Green P.C. Help Clients Understand Non-Compete Clauses

Whether you’re an employee or an employer, understanding your non-compete clause is essential. If you want to make sure you understand your legal rights pursuant to a non-compete cause, contact the Philadelphia non-compete lawyers at Sidkoff, Pincus & Green P.C. today. Contact us online or call 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout South Jersey and Pennsylvania.

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