Category: Employment Law

How Can Employees Report Unethical Behaviors?

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Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Will Help You Understand Your Workplace Rights

Encountering unethical behavior in the workplace can be distressing. Whether it is discrimination, harassment, or misconduct, knowing how to report these actions is crucial for maintaining integrity and justice within your organization. This blog aims to guide employees in Philadelphia on the steps to report unethical behavior effectively.

Unethical behavior in the workplace encompasses a range of actions that violate company policies, laws, or ethical standards. These behaviors can significantly impact employee well-being, company culture, and even an organization’s legal standing.

Document Everything

The first step in reporting unethical behavior is to document every incident in detail. Include dates, times, locations, and the names of individuals involved. Documentation provides concrete evidence supporting your claims and can be crucial for legal proceedings.

Know Your Company’s Policy

Familiarize yourself with your company’s policy on reporting unethical behavior. Most organizations have a procedure outlined in their employee handbook. Following these guidelines ensures that you adhere to internal protocols, which can expedite the resolution process.

Report to the Appropriate Authority

Once you have documented the incidents and reviewed your company’s policy, report the behavior to the appropriate authority within your organization. This could be your direct supervisor, the human resources department, or any designated ethics committee. Choose the route that feels safest and most effective for your situation.

Seek External Assistance

If internal reporting does not lead to a satisfactory resolution, or if reporting internally poses a significant personal risk, consider seeking external assistance. Various agencies and organizations can provide guidance and support. In Philadelphia, employees may turn to bodies like the Equal Employment Opportunity Commission (EEOC) or local legal aids.

Anonymous Reporting Channels

Many companies offer anonymous reporting channels to encourage the reporting of unethical behavior without fear of retaliation. Utilizing these channels can provide an added layer of security and anonymity for employees who may fear repercussions.

After Reporting

After reporting, stay observant of changes in the workplace environment or your work situation. Retaliation against employees who report unethical behavior is illegal. If you face any form of retaliation, document these incidents and report them immediately.

Legal Support for Reporting Unethical Behaviors

Facing unethical behavior at work can be challenging, but you do not have to navigate this alone. Legal support can provide guidance, ensure your rights are protected, and assist in holding the responsible parties accountable.

An employment lawyer can offer invaluable assistance in situations involving unethical behavior in the workplace. They possess the knowledge and experience to advise you on your rights, the legal ramifications of reported unethical behavior, and the best course of action.

An attorney can also represent you in dealings with your employer or legal proceedings, ensuring your voice is heard, and your position is defended. Legal representation can help draft and organize your documentation of unethical behavior, making it more effective if the case goes to court or arbitration is needed. Lawyers can also negotiate on your behalf, potentially leading to resolutions without litigation.

Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Will Help You Understand Your Workplace Rights

If you are experiencing unethical behavior at work and need assistance reporting it or require legal support, contact Sidkoff, Pincus & Green P.C. Our team is ready to provide you with the guidance and representation necessary to address these concerns effectively. Empower yourself by taking the first step towards a fair and ethical workplace. Speak with our Philadelphia employment lawyers today. Contact us online or call us at 215-574-0600 to schedule a consultation. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey, including South Jersey.

Biden Administration Finalizes Overtime Threshold Rule

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Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Workers Assert Their Rights for Overtime Pay

The Biden Administration has finalized a new rule increasing the salary thresholds required for overtime exemption, a move that will significantly impact the lives of millions of lower-earning salaried workers, making them eligible for overtime pay. The rule, which takes effect July 1, 2024, is the largest expansion in overtime eligibility in decades.

Under current federal law, nearly all hourly American workers are entitled to overtime pay after 40 hours per week, but most salaried workers are exempt. In addition to thresholds, the new rule defines and establishes who is a “bona fide executive, administrative and professional employee” exempt from overtime protections under the Fair Labor Standards Act. 

The U.S. Department of Labor said that approximately four million lower-earning salaried workers currently exempted from overtime pay will become eligible in the first year and an additional 292,900 higher-compensated employees.

The new rule significantly increases the current overtime eligibility threshold of $35,568, set by the previous administration in 2019. In July, employers will be required to pay overtime to salaried employees earning less than $43,888 per year and $132,964 for higher-earning employees. Beginning January 1, 2025, the salary threshold required for overtime pay will increase to $58,656 and $151,164, respectively. Starting July 1, 2027, salary thresholds will be updated every three years.

The U.S. Department of Labor (DOL) Acting Secretary said that lower-earning salaried workers often perform the same job duties as their hourly counterparts but for no additional pay. Enacting the rule is a step towards fairness, fulfilling the president’s promise that all workers—hourly or salaried—would be made eligible to receive overtime pay during his tenure.

The Biden Administration announced plans to adjust the threshold last August and submitted its proposal the following month. The DOL then conducted extensive discussions with employers, workers, unions, and stakeholders and considered over 33,000 public comments before issuing its final rule.

Critics have argued that the regulation could saddle employers with billions in added annual costs and add to continued labor challenges. However, advocates applaud the rule as a long-overdue measure, finally addressing a threshold policy that has not been properly revised in nearly 50 years, leaving millions of American workers unprotected.

Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Workers Assert Their Rights for Overtime Pay

/If you believe you are being denied valid overtime wages, our experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help. Call today at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey, including South Jersey.

EEOC Implements Pregnant Workers Fairness Act

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Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Workers’ Employment and Anti-Discrimination Rights

The U.S. Equal Employment Opportunity Commission (EEOC) issued a final rule implementing the Pregnant Workers Fairness Act (PWFA). The PWFA allows pregnant employees to continue safely and effectively performing their job duties free of discrimination and retaliation. It also guides employers in understanding their legal duties regarding pregnant workers. The EEOC approved the final rule on April 03, 2024, and published it in the Federal Register on April 19. The law becomes effective 60 days after publication—June 19, 2024.

According to the Director, the EEOC has assisted countless women suffering serious health risks and unimaginable loss due to a lack of reasonable accommodations at work. The final rule reflects the EEOC’s deliberate response to nearly 100,000 comments posted to the Notice of Proposed Rulemaking regarding pregnancy and reasonable work accommodations. The rule provides clarity regarding covered workers, covered limitations, medical conditions, and instructions on requesting reasonable accommodations with clear, definitive examples for both workers and employers.

Reasonable Accommodations

Under the law, employers with 15 or more employees must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, provided the accommodation does not present undue hardship on the employer. The PWFA further expands existing pregnancy discrimination protections outlined in Title VII of the Civil Rights Act and reasonable accommodations rights under the Americans with Disabilities Act (ADA).

Guidance on the Rule

The final rule provides employers with crucial information and guidance regarding their responsibilities, clarity to employees regarding their protected rights, and encourages clear communication between both to identify and resolve concerns, the director said. Highlights of the final rule include:

  • Examples of reasonable accommodations include additional nutrition and restroom breaks, a seated workspace, approved time off for medical appointments, temporary reassignment or suspension of certain job duties, remote work, or time off for childbirth recovery or miscarriage.
  • Identified limitations and medical conditions eligible for reasonable accommodation, including miscarriage, stillbirth, lactation, migraines, and episodic pregnancy-related conditions, such as morning sickness, based on the PWFA statutory language, the EEOC definition of pregnancy, childbirth, and related medical conditions under Title VII, and prior court decisions.
  • Recommendations regarding early and frequent communication between employers and employees to identify and quickly resolve reasonable accommodation requests.
  • Directives emphasize that employees are not required to provide supporting documentation when requesting a reasonable accommodation, and employers should only ask when it is reasonable to do so under the circumstances.
  • Explanation of what constitutes an undue hardship on an employer and the business.
  • Information detailing how employers may assert defenses or exemptions early in charge processing.

The EEOC’s “What You Should Know about the Pregnant Workers Fairness Act” webpage provides more information and resources about the PWFA and the final rule.

Learn more here.

Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Workers’ Employment and Anti-Discrimination Rights

If you are a pregnant worker and believe your rights are being violated, our experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help. Call today at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey, including South Jersey.

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

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

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

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

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.

  Category: Employment Law
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