Category: Employment Law

The Role of HR in Employment Law Compliance: Strategies for Effective HR Management

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Navigating human resources (HR) can be a complex task for any business, particularly small businesses in Philadelphia. Ensuring compliance with employment law is not just about avoiding penalties; it is about creating a healthy work environment that promotes growth and productivity.

HR is the backbone of an organization, supporting its most valuable assets – its employees. HR professionals are responsible for many tasks, from recruitment and onboarding to managing employee relations and ensuring compliance with labor laws. They help shape the company’s culture, drive employee engagement, and contribute to achieving the organization’s strategic goals.

HR professionals often grapple with intricate laws and regulations that govern the workplace. These laws cover discrimination, harassment, wage and hour requirements, leave entitlements, and health and safety standards, among others. A misstep in managing these areas can lead to substantial legal issues, including lawsuits, fines, and a tarnished reputation.

For instance, if an HR professional is not up-to-date with the latest anti-discrimination laws and makes a biased hiring decision, the company may face a lawsuit for discriminatory practices. Similarly, incorrect classification of employees as exempt or non-exempt could result in wage and hour disputes and potential penalties.

Ensuring Compliance: Tips and Strategies for Small Business Owners

As a small business owner, you might not have a dedicated HR department. However, that does not absolve your business from complying with employment laws. Here are some strategies to help you ensure compliance.

Stay Informed

Laws and regulations continuously evolve, and what was compliant yesterday may not be today. Staying informed about changes in employment laws is crucial. This might involve subscribing to HR newsletters, attending webinars, joining local business groups, or following relevant social media accounts.

There are also government websites that provide up-to-date information on labor laws. For example, the U.S. Department of Labor has a comprehensive website with resources on various aspects of employment law. Staying informed helps you anticipate changes and implement necessary adjustments in your policies and practices.

Develop Clear Policies

Clear, written policies serve as a roadmap for both employees and management. They define acceptable behaviors, outline procedures, and provide a framework for handling issues. These policies should cover harassment, discrimination, leave entitlements, wage and hour requirements, and health and safety standards.

A policy is only as good as its implementation. Once you have developed these policies, communicate them effectively to all employees and ensure they are accessible. Regularly review and update these policies to reflect changes in law or company operations.

Regular Training

Training is a proactive way to prevent legal issues. Conduct regular training sessions to educate your employees about their rights and responsibilities under the law and company policies. This can include anti-harassment training, diversity and inclusion workshops, or seminars on workplace safety.

Training should not be a one-time event but an ongoing process. Document these training sessions – who attended, what topics were covered, and ideally, have employees sign an acknowledgment form. This documentation can help demonstrate your company’s commitment to compliance if a legal issue arises.

Record-Keeping

Good record-keeping is a critical aspect of compliance. Maintain accurate employee data records, including hours worked, leaves taken, performance evaluations, and any incidents or disciplinary actions.

These records are not only a legal requirement but can also provide valuable evidence if a dispute arises. Ensure that these records are securely stored and only accessible to authorized personnel. It is also essential to understand the required retention periods for different types of records under the law.

Seek Legal Advice

Employment law can be complex, and sometimes you may need professional guidance. Do not hesitate to seek legal advice when unsure about a compliance issue or a potential legal problem. An experienced lawyer can help you understand your obligations under the law, advise on best practices for compliance, and assist in handling legal disputes.

It is often more cost-effective to invest in preventative legal advice than to deal with lawsuits or penalties down the line. Regularly consulting with a lawyer can help keep your business on the right side of the law and foster a better work environment for your employees.

Our Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Protect Your Business

Complying with employment laws is an ongoing responsibility that requires attention and diligence. As a business owner, managing this alongside your other duties can be challenging. With the right strategies, you can create a compliant, productive, and positive work environment. At Sidkoff, Pincus & Green P.C., we are committed to helping businesses like yours navigate the complexities of employment law. Speak with our Philadelphia business lawyers today. Contact us online or call 215-574-0600 to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

Discrimination in the Workplace: Recognizing, Reporting, and Preventing

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Workplace discrimination is an unfortunate reality that affects numerous employees across various industries. It is a practice that not only creates a hostile work environment but also infringes upon the rights of individuals as outlined by state and federal laws.

Workplace discrimination occurs when an employer treats an individual or a group unfavorably due to their race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. Such behavior can manifest in hiring practices, promotions, job assignments, training, pay, benefits, layoffs, and firing.

In Pennsylvania, the Pennsylvania Human Relations Act (PHRA) prohibits employers from discriminating against their employees. The law applies to employers with four or more employees and covers areas that include, but are not limited to, hiring, promotion, dismissal, compensation, and harassment.

Recognizing Workplace Discrimination: Five Scenarios

Recognizing discrimination in the workplace is the first step toward addressing it. Here are five fictional scenarios that illustrate different forms of workplace discrimination:

  • Age discrimination: A 50-year-old employee is consistently overlooked for training opportunities offered to younger colleagues with less experience. Despite his seniority and proven track record, he feels sidelined due to his age.
  • Race discrimination: A Hispanic employee has been with her company for three years. Lately, she has noticed her manager assigning her less significant tasks than her white colleagues, hindering her professional growth.
  • Disability discrimination: An employee with a physical disability requests a reasonable accommodation to perform his duties effectively. His request is denied without any valid explanation, even though accommodating him would not cause undue hardship to the company.
  • Sexual harassment: A female employee is regularly subjected to inappropriate comments and advances from a male colleague. She reports the incidents to her supervisor, who dismisses her complaints, contributing to a hostile work environment.
  • Religious discrimination: A practicing Muslim experiences negative comments about his faith from his coworkers. His employer does nothing to stop this behavior, which has created a hostile work environment.

Reporting and Preventing Workplace Discrimination

If you believe you are a victim of workplace discrimination, it is crucial to take the following steps:

  • Keep detailed records: Document every incident of discrimination, including dates, times, locations, the individuals involved, and any potential witnesses. This record will be valuable evidence if you file a formal complaint or legal claim.
  • Report internally: Inform your supervisor, HR department, or another appropriate authority within your organization about the discrimination. Be sure to follow your company’s established procedures for reporting discrimination.
  • Preserve evidence: Save any related emails, text messages, or other written communications that could indicate discrimination. Also, keep copies of performance evaluations, disciplinary actions, or other employment records that may be pertinent.
  • Consult an attorney: If the discrimination continues after reporting it internally, or if you face retaliation for making a report, consult an attorney. They can guide you on the next steps, including filing a complaint with the Pennsylvania Human Relations Commission (PHRC) or the Equal Employment Opportunity Commission (EEOC).

Preventing workplace discrimination requires a collective effort. Employers must foster an inclusive work environment, provide diversity and sensitivity training, and enforce a firm anti-discrimination policy. On the other hand, employees should respect their colleagues’ rights and report discriminatory behaviors.

Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Protect Your Rights

Discrimination in the workplace is a serious issue that infringes upon individual rights. If you are facing workplace discrimination in Pennsylvania, know that you are not alone. Speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We are a premier law firm with decades of experience. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

Wage and Hour Compliance: Ensuring Fair Pay and Overtime Rules

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Are you a business owner striving to create an equitable work environment? If so, understanding wage and hour compliance is a cornerstone of your role.

Wage and hour laws are federal, state, and local regulations designed to protect workers from unfair pay practices. They dictate the minimum wage, overtime pay, and other compensation-related matters. The Fair Labor Standards Act (FLSA) is the primary federal law governing these issues in the U.S. It mandates that employers must pay at least the federal minimum wage and overtime pay of one-and-a-half times the regular pay rate.

To ensure workers’ equal pay, businesses must establish a clear and consistent pay structure. This involves setting salary ranges for each job role based on market data and internal factors, such as job responsibilities and required skills.

Secondly, businesses should implement a transparent pay policy. Transparency promotes trust and allows employees to understand how their pay is determined. It also allows employees to voice their concerns if they are unfairly paid.

Lastly, businesses should conduct regular pay audits to identify any discrepancies in pay between workers performing similar jobs. This can help businesses identify and rectify unintentional biases or systematic issues affecting pay equality.

Legal Requirements for Equal Pay

The principle of equal pay for equal work is enshrined in the Equal Pay Act of 1963. This legislation prohibits wage discrimination based on sex, mandating that men and women receive equal pay for performing jobs that require the same skills, effort, and responsibility under similar working conditions.

To comply with this law, businesses must ensure that their pay practices do not discriminate based on sex. This means that a female project manager should receive the same salary as her male counterpart if they perform the same job under similar conditions. The law covers all forms of payment, including salary, overtime pay, bonuses, stock options, profit sharing, bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.

However, disparities can occur due to factors like seniority, merit, a system measuring earnings by quantity or quality of production, or any other differential based on any factor other than sex. For example, a company can legally pay a more experienced employee a higher salary than a less experienced one, even if they perform the same job, provided that experience plays a crucial role in the position. It would be illegal to pay a woman less than a man due to her sex, even if she has less experience.

It is crucial to note that “equal work” does not mean jobs have to be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. For instance, if a female secretary performs the same tasks as her male colleague with a “clerical assistant” title, they should receive equal pay.

Non-compliance can result in severe consequences, including lawsuits, fines, and reputational damage. Therefore, it is essential for businesses to regularly review their pay practices and make necessary adjustments to ensure compliance with equal pay laws.

Addressing Wage and Hour Compliance Issues

If your business finds that it is not paying workers fairly or in compliance with the law, immediate action should be taken to rectify the situation. This could involve adjusting the wages of affected employees, revising pay policies, or implementing new practices to prevent future issues.

Businesses should also seek legal advice to understand potential liabilities and ensure appropriate remedial actions are taken. It is important to remember that failure to comply with wage and hour laws can result in severe penalties, including fines and lawsuits.

Our Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Your Business Stay Compliant

Labor and employment laws are confusing. However, your business must be compliant or risk costly fines and penalties. Speak with our experienced Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. about how we can help keep your business compliant. We are not your average law firm, and our attorneys are not your average lawyers. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

Sexual Harassment in the Workplace: Legal Obligations and Employee Rights

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Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help if You Have Been Sexually Harassed in the Workplace

Ideally, every workplace would be a safe and respectful environment for all employees. Unfortunately, that is not always the case. One of the most pervasive issues plaguing the workforce today is sexual harassment. It can cause severe emotional distress, inhibit professional growth, and even lead to significant legal consequences.

What Is Workplace Sexual Harassment?

Sexual harassment in the workplace is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It involves any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

Here are common examples of sexual harassment:

  • Unwanted physical contact: An employee might be subjected to unwanted touching, hugging, or patting by a colleague or supervisor. This behavior, when unwelcome, can constitute sexual harassment.
  • Sexual comments or jokes: Persistent comments about an individual’s physical appearance, lewd jokes, or suggestive remarks can also fall under sexual harassment.
  • Sexual propositions: A superior offering job benefits in return for sexual favors or threatening negative employment consequences if such favors are not provided is a clear example of quid pro quo sexual harassment.

Who Can Be Liable for Workplace Sexual Harassment?

Both employers and employees can be held liable for sexual harassment. An employer can be held responsible if they knew or should have known about the harassment and failed to take appropriate corrective action. Similarly, an individual who engages in harassment can be held personally liable for their actions.

Sexual Harassment Laws in Pennsylvania

In Pennsylvania, sexual harassment laws mirror those at the federal level. The Pennsylvania Human Relations Act prohibits sexual harassment and makes it illegal for employers to retaliate against employees who report such behavior. Employers must ensure a safe, respectful, and non-hostile working environment. Failure to do so can result in severe legal consequences, including fines and penalties.

What Can You Do if You Have Been Sexually Harassed at Work?

Here are some steps you can take if you have been sexually harassed in the workplace:

  • Report the incident: The first step is to report the incident to your supervisor or HR department. Make sure to document all incidents and interactions related to the harassment.
  • File a complaint: If your employer does not take appropriate action, you can file a complaint with the Pennsylvania Human Relations Commission or the Equal Employment Opportunity Commission.
  • Consult with a lawyer: It is advisable to consult with an attorney. They can guide you through the process and protect your rights.

No one should tolerate sexual harassment in the workplace. Knowing your rights and legal options can empower you to act against such behavior. If you are experiencing sexual harassment, you are not alone, and legal resources are available to help you navigate this difficult time.

Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help if You Have Been Sexually Harassed in the Workplace

You have rights in the workplace, and if you have faced sexual harassment, you may have legal options. Speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule a consultation. We are a premier firm that has been protecting workers’ rights for decades. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

DOL Proposal Would Allow Millions of Workers More Overtime Pay

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Often, employers take the most liberties with their salaried workers. They know they must follow federal wage and hour laws regarding hourly workers. However, salaried workers may be subject to harsh working requirements with little recourse. The Department of Labor seeks to change the reality for many salaried workers on the lower end of the earnings spectrum. A proposed rule would mandate overtime pay for salaried workers earning less than $55,000 per year who work more than a 40-hour workweek. The rule would also smooth the process of increasing the threshold in the future.

Employers must pay overtime to salaried white-collar workers earning less than $35,568 annually. Even with the low threshold, there are still scores of lawsuits against employers under the Fair Labor Standards Act for failure to pay overtime as required by law.

The DOL proposes to index the threshold to the 35th percentile of average weekly earnings of full-time salaried workers in the lowest-wage Census Region. The new rules would raise the threshold by roughly 55 percent. The actual amount of the change could be even greater since the final threshold is not definitively set in the proposed rules.

In addition, the DOL is raising the salary-level threshold for highly compensated employees from $107,432 to $143,988. Employees under this amount who perform office work and meet the other elements of the exemption must also be paid overtime if they make under the amount.

In addition, the DOL is also proposing automatic hikes in these thresholds every three years based on employment and earnings data. The indexing would keep the DOL from passing new rules to raise the threshold and go through the extensive rulemaking process.

The rule changes would drastically increase the number of people who must receive overtime. Under federal law, agencies must estimate the impact of their rules. The DOL estimates that approximately 3.6 million additional people would receive overtime under the new rules.

The Rules Will Still Need to Go Through a Lengthy Process

Currently, the rules are in a proposed format. As federal law requires, the agency must solicit and review comments from the public; the public will have 60 days. The agency could take several years to make its way through the rulemaking process. The agency will need to review hundreds of thousands of comments. The DOL has already pushed off proposed rules by several years.

You Can Sue for Violations of the FLSA

Notwithstanding the proposed rules, employers must still follow the Fair Labor Standards Act requirements regarding overtime. If they fail to pay overtime as required, their employees could sue them in a class action lawsuit. Employees should contact an experienced lawyer if they believe their employer has failed to pay them according to the law.

Contact Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C.

If you believe your employer has underpaid you in violation of the law, contact our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

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The Gig Economy and Employment Rights: What Independent Contractors Should Know

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Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help You With Your Entitled Benefits

The gig economy represents a labor market characterized by short-term contracts or freelance work instead of permanent jobs. It derives its name from each piece of work akin to an individual “gig.” For instance, individuals who drive for Uber or Lyft participate in gig work. They do not have fixed hours; they can work when they want and are paid per ride, not a salary.

This structure dramatically contrasts with traditional employment, where an individual typically works set hours and receives a fixed salary. Traditional employees often have benefits, such as health insurance, retirement plans, and paid time off, which are not usually provided to gig workers.

The Trade-Offs: Benefits and Drawbacks

While gig work offers flexibility and independence, it has potential downsides. Gig workers often miss out on benefits that traditional employees enjoy. These may include health insurance, retirement contributions, unemployment insurance, and Workers’ Compensation.

Unfortunately, some companies misclassify their workers as independent contractors rather than employees to avoid paying for these benefits. This misclassification can leave workers without essential protections and benefits.

To understand the trade-offs between gig work and traditional employment, it is helpful to examine specific scenarios.

Example 1: Health Insurance

In traditional employment, workers often have access to employer-sponsored health insurance. This is a substantial benefit because the employer typically pays a portion of the insurance premium, making it more affordable for the employee. In contrast, gig workers, as independent contractors, are responsible for securing their health insurance. This can be more costly and time-consuming, as they must navigate the private insurance market or the state insurance exchanges to find suitable coverage.

Example 2: Income Stability

A salaried employee in a traditional job enjoys a fixed income that is not dependent on the hours worked or tasks completed. This guarantees a certain level of financial stability and predictability, allowing for easier budgeting and financial planning. On the other hand, gig workers’ earnings fluctuate based on the number of jobs they secure and complete. For instance, a freelance graphic designer may earn significantly more in one month due to several projects but may earn very little the following month if work is scarce.

Example 3: Flexibility vs. Job Security

One of the primary advantages of gig work is flexibility. A gig worker can choose when, where, and how much to work. For example, a rideshare driver can decide to work only during peak demand times to maximize earnings. However, this flexibility comes at the cost of job security. Unlike traditional employees who have some protection against sudden termination, gig workers can find themselves without work if demand decreases or if they receive negative customer feedback.

In contrast, traditional employees enjoy more job security but less flexibility. Their work hours are generally set, and they cannot choose to work only during peak times. However, they have the assurance of continued employment and a steady income, barring misconduct or significant organizational changes.

Determining Worker Classification: Employee vs. Independent Contractor

Several factors are considered to determine whether a worker is an employee or an independent contractor. Although these factors may vary slightly depending on jurisdiction, they generally include:

  • Control: Does the company control what the worker does and how the worker does their job?
  • Financial control: Does the payer control the business aspects of the worker’s job?
  • Relationship of the parties: Are there written contracts or employee-type benefits? Will the relationship continue, and is the work performed a vital aspect of the business?

Making an Informed Decision

The gig economy presents both opportunities and challenges. On the one hand, it offers flexibility and the potential for increased earnings. On the other hand, it lacks the security and benefits of traditional employment.

Workers must understand these trade-offs. Knowing the factors determining worker classification can help individuals make informed decisions about the type of work that best suits their needs and preferences.

Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help You With Your Entitled Benefits

Worker misclassification happens all too often. Today, more and more people are entering the gig economy and may be unknowingly giving up some of their employment rights. To get legal support, speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. about your options. We have been helping employees for decades. Call us at 215-574-0600 or complete our online form to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

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What Are My Rights After Being Laid Off?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Protect Your Rights

Understanding your rights is vital in the event of a sudden job loss. The Worker Adjustment and Retraining Notification (WARN) Act, a U.S. federal law, offers significant protection. This legislation requires employers to provide a 60-day advance notice of plant closures and mass layoffs. The objective is to give workers and their families time to adjust, seek alternative jobs, or enter skill training programs.

The WARN Act applies to organizations with 100 or more full-time employees. It covers layoffs affecting 500 employees or at least 33 percent of the employer’s workforce (if less than 500). It also applies to plant shutdowns resulting in an employment loss for 50 or more employees during any 30 days.

Exceptions to WARN

While the WARN Act is designed to protect employees, certain exceptions exist. Employers may be exempt from providing the 60-day notice in cases of unforeseeable business circumstances, natural disasters, or if the company is faltering.

An unforeseeable business circumstance is a sudden, dramatic, unexpected action or condition outside the employer’s control. For instance, an abrupt and unexpected cancellation of a significant order might meet this exception.

A natural disaster includes floods, earthquakes, droughts, storms, tidal waves or tsunamis, and similar effects of nature. If a plant closure or mass layoff directly results from such a disaster, the employer is exempt from the notification rule.

The faltering company exception applies when a company has sought new capital or business and can show that issuing a notice would have precluded the employer from obtaining the needed capital or business.

Enforcing Your Rights

If you suspect your employer’s violation of the WARN Act, multiple steps are involved in enforcing your rights.

First, gather all relevant documentation, such as letters of termination, communication from your employer about the layoff or closure, and any relevant company-wide communications.

Second, consult with a lawyer or worker rights organization to understand the viability of your case. They can guide you through the complexities of the WARN Act and help determine if your employer violated the statute.

Third, you can file a complaint with the U.S. Department of Labor (DOL). The DOL will investigate your complaint and may take further action if they find a WARN Act violation.

Alternatively, you can file a private lawsuit in a U.S. district court against your employer. If the court rules in your favor, you might be entitled to back pay and benefits for each day of violation up to 60 days.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Protect Your Rights

There is no getting around the fact that getting laid off causes lots of problems. However, it is essential that you know your rights and get the benefits you are entitled to after being laid off. To get legal support, speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. about your options. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

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Do Employers Need to Supply Employees With a Handbook?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Protect Your Business

An employee handbook is often viewed as a quintessential component of any organization. However, is it legally required for employers to provide their employees with a handbook? The short answer: no. There is no explicit legal obligation for businesses to have an employee handbook. However, the value and benefits of having a well-drafted handbook should not be underestimated.

Why Employee Handbooks Are Important?

While not legally mandatory, there are compelling reasons why employers should consider providing their employees with a handbook. An employee handbook is a central repository of an organization’s policies and procedures. It clearly communicates the expectations, rights, and responsibilities of both the employer and the employee.

Without written policies, misunderstandings can arise, leading to conflicts, decreased productivity, and potential legal issues. Employers can ensure that all employees receive consistent information by documenting policies in a handbook. This also helps to foster a sense of fairness and transparency within the organization, thereby boosting morale and engagement.

What Should Be Included in an Employee Handbook?

A practical employee handbook should cover a broad spectrum of topics that pertain to the workplace. Here are some key areas that should be included:

  • Company culture and values: This section allows businesses to introduce their mission, vision, and values, setting the tone for the work environment.
  • Employment policies: This includes details about work schedules, attendance, performance reviews, promotions, and termination procedures.
  • Compensation and benefits: Information about salary structures, bonuses, raises, health benefits, retirement plans, and vacation time should be clearly outlined.
  • Workplace conduct: This encompasses rules regarding dress code, harassment, discrimination, and other related issues.
  • Safety and security: Policies related to workplace safety, emergency procedures, and data security should be explicitly stated.
  • Legal rights and obligations: This includes information about compliance with federal and state employment laws.

When creating an employee handbook, it is crucial to incorporate several legal matters to ensure the company’s operations align with the law and protect the company and its employees. Here are some critical legal topics that should be addressed:

  • Equal Employment Opportunity (EEO): Companies must adhere to EEO laws prohibiting discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. The handbook should clearly state the company’s commitment to EEO principles.
  • Harassment and discrimination policies: A comprehensive policy against harassment and discrimination, including sexual harassment, should be included. The policy should define what constitutes harassment, provide examples of prohibited behaviors, and outline the procedure for reporting and investigating complaints.
  • Family and Medical Leave Act (FMLA): If your company is subject to FMLA, policies regarding leave entitlements for eligible employees due to medical and family reasons should be clearly articulated.
  • Americans with Disabilities Act (ADA): The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities. The handbook should outline your company’s commitment to comply with ADA regulations.
  • Fair Labor Standards Act (FLSA): This act regulates minimum wage, overtime pay, recordkeeping, and child labor. Your handbook should include policies regarding work hours, breaks, compensation, and overtime to ensure compliance with FLSA.
  • Occupational Safety and Health Administration (OSHA) regulations: Employers must provide a safe working environment. Your handbook should include policies on workplace safety, injury reporting, and emergency procedures.
  • At-will employment: If you operate in an at-will employment state, it is crucial to include a statement that employment is at-will, meaning that either the employer or the employee can terminate the employment relationship at any time.
  • Confidentiality and non-disclosure agreements (NDAs): To protect your business’s proprietary information, the handbook should include policies about confidentiality and non-disclosure.
  • Social media and electronic communication policy: In the digital age, it is important to have clear guidelines about the company’s acceptable use of social media and electronic communication.
  • Drug-free workplace policy: If applicable, include a policy that promotes a drug-free workplace.

The Role of a Lawyer in Drafting an Employee Handbook

Given the legal implications associated with various aspects of employment, a lawyer should assist in drafting an employee handbook. A lawyer can help ensure the handbook is comprehensive and compliant with all relevant laws and regulations.

A lawyer can help articulate policies clearly and unambiguously, reducing the risk of misinterpretation. They can also keep the handbook updated to reflect changes in the law, protecting the company from potential legal pitfalls.

Furthermore, a lawyer can help create a handbook customized to the business’s specific needs and circumstances. They can advise on handling sensitive topics, such as harassment and discrimination, in a manner that aligns with best legal practices.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Protect Your Business

There are many employment laws you need to follow. For legal help with getting a compliant handbook and policies, speak with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

Wrongful Termination: How to Recognize it and What to Do About it

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Protect Your Rights if You Have Been Wrongfully Terminated

Wrongful termination is an unfortunate reality. Wrongful termination occurs when an employee is fired or laid off for illegal reasons or violates a contract. Some common examples of wrongful termination include:

  • Discrimination based on race, gender, age, disability, or other protected characteristics.
  • Retaliation for reporting harassment, discrimination, or other workplace misconduct.
  • Breach of an employment contract.
  • Firing an employee for exercising their legal rights, such as taking medical leave or filing a Workers’ Compensation claim.

Recognizing Wrongful Termination

Wrongful termination can be challenging to identify, as employers often try to disguise it as a legitimate dismissal. Here are some warning signs that may indicate wrongful termination:

  • Sudden or unexpected termination without a clear reason.
  • Negative treatment or comments about your protected characteristics, such as race or gender.
  • Retaliation after reporting workplace misconduct.
  • Dismissal shortly after exercising your legal rights.

If you suspect you have been wrongfully terminated, you must talk to an HR representative or a trusted supervisor to discuss your concerns.

What to Do About Wrongful Termination?

If you believe you have been wrongfully terminated, there are several steps you can take to protect your rights and seek justice:

·        Consult with an employment lawyer: An experienced employment lawyer can help you understand your rights, evaluate your case, and guide you through seeking compensation or reinstatement.

·        File a complaint with a government agency: In the United States, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department. These agencies investigate wrongful termination claims and may help you negotiate a settlement or pursue legal action.

·        Negotiate a severance package: In some cases, you may be able to negotiate a severance package with your employer. This could include financial compensation, continuation of benefits, or other terms that can help you transition to a new job.

Wrongful termination can be difficult and complex, but understanding your rights and taking appropriate action can help you achieve justice. If you suspect you have been wrongfully terminated, ‌seek legal advice and explore your options.

Possible Damages for Wrongful Termination

When a person has been wrongfully terminated, they may be entitled to various types of damages, depending on the circumstances of their case and the applicable laws in their jurisdiction. Some potential damages that an individual could receive include:

  • Back pay: Compensation for lost wages from the date of termination until the date of judgment or reinstatement. This includes salaries, bonuses, commissions, and other income the employee would have earned during this period.
  • Front pay: Compensation for future lost wages in cases where reinstatement is not possible or appropriate. This is usually awarded when it is determined that the employee will face difficulty finding a comparable job due to the wrongful termination.
  • Loss of benefits: Compensation for the value of lost employment benefits, such as health insurance, retirement plans, and stock options.
  • Emotional distress: Compensation for the emotional pain and suffering caused by the wrongful termination. This may include damages for anxiety, depression, humiliation, or other psychological impacts.
  • Punitive damages: Awarded in cases where the employer’s conduct was particularly egregious or malicious to punish the employer and deter similar behavior in the future.
  • Reinstatement: In some cases, the court may order the employer to reinstate the wrongfully terminated employee to their former position.
  • Attorney fees and costs: If the employee prevails in their wrongful termination claim, they may be awarded attorney fees and other legal expenses associated with pursuing their case.
  • Other damages: Depending on the specific circumstances of the case, additional damages may be awarded, such as compensation for damage to the employee’s professional reputation, job search expenses, or relocation costs.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Protect Your Rights if You Have Been Wrongfully Terminated

Wrongful termination can happen in various ways. If you think you have been wrongfully terminated, speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. to discuss your potential legal options. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey.

Understanding the Family and Medical Leave Act (FMLA) and Your Rights

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Protect Your Work Rights.

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family or medical reasons.

FMLA leave can be taken in various scenarios, including:

  • The birth of a child and bonding with the newborn within one year of birth.
  • The placement of a child for adoption or foster care and connecting with the child within one year of placement.
  • To care for a spouse, child, or parent with a severe health condition.
  • A serious health condition that prevents the employee from performing their job.
  • Any qualifying exigency arising out of a spouse, child, or parent being on covered active duty or called to covered active duty in the Armed Forces.

In addition, the FMLA provides eligible employees with up to 26 weeks of leave in a single 12-month period to care for a covered servicemember with a serious injury or illness if the employee is the servicemember’s spouse, child, parent, or next of kin.

How Much FMLA Leave Is Available?

Eligible employees are entitled to up to 12 work weeks of FMLA leave in 12 months. To qualify, you must:

  • Work for a covered employer: private-sector employers with 50 or more employees, public agencies, and public or private elementary and secondary schools.
  • Have worked for the employer for at least 12 months (not necessarily consecutive).
  • Have worked at least 1,250 hours during the 12 months immediately preceding the start of the leave.
  • Work at a location where the employer has at least 50 employees within a 75-mile radius.

What Conditions Qualify for FMLA Leave?

A qualifying serious health condition is an illness, injury, impairment, or physical or mental condition that involves:

  • Inpatient care in a hospital, hospice, or residential medical care facility.
  • Incapacity for more than three full, consecutive calendar days with continuing treatment by a health care provider.
  • Chronic conditions requiring periodic treatment by a health care provider, continuing over an extended period, and causing episodic incapacity.
  • Permanent or long-term conditions requiring supervision by a health care provider.
  • Conditions requiring multiple treatments by a health care provider for restorative surgery after an accident or other injury or for a condition that would likely result in incapacity of more than three consecutive days if left untreated.

How to Apply for FMLA Leave?

To request FMLA leave, you should follow these steps:

  • Notify your employer as soon as you know the need for leave. If the need is foreseeable, provide at least 30 days’ notice. If not, notify your employer as soon as possible (typically within one to two business days of learning about the need for leave).
  • Comply with your employer’s usual and customary notice and procedural requirements for requesting leave.
  • Provide sufficient information for your employer to determine whether the FMLA applies to the leave request, such as the anticipated timing and duration of the leave and relevant facts about the reason for the leave.
  • If requested, provide appropriate documentation, such as a certification from a health care provider, to support the need for leave.

Many federal laws protect your rights at work, including the FMLA. Understanding these laws is challenging, and if you think your rights have been violated, speak with an employment lawyer.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Protect Your Work Rights

If your work rights have been violated, speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. to discuss your options. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

  Category: Employment Law, FMLA
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