Category: Employment Law

Coronavirus Outbreak Causes Major Employment Issues in the U.S.

By ,

As the Coronavirus (COVID-19) continues to spread, companies have closed, workers are required to stay home, and travel has been restricted. In addition to the obvious health concerns, COVID-19 is having a major impact on the U.S. economy. As the outbreak continues to impact companies in the U.S. and worldwide, legal experts are urging companies to review their legal contracts, employment agreements, and handbooks to ensure that they are protected from breaches in cybersecurity and other negative exposure.

U.S. companies conduct a significant amount of business with manufacturers in China. However, the outbreak has disrupted the supply chain, causing significant delays in the delivery of contracted goods. U.S companies that are awaiting goods from China should review their business contracts to determine what their rights are if their goods are delivered late, or not at all. However, despite what the contracts say, Chinese suppliers may obtain a force majeure certificate, which exempts exporters from fulfilling contractual agreements with overseas buyers as a result of the pandemic.

Impact of Coronavirus on U.S. Employers

President Trump signed an executive order suspending entry into the United States of all foreign nationals who were in China within 14 days of arriving in the U.S. Immediate family members of U.S. citizens are exempt from the order. Those not exempt are subject to a two-week mandatory quarantine upon their arrival in the U.S. It is unlikely that travelers who contract the virus will receive employment protection, unless they were traveling for business or were subjected to a mandatory quarantine. If this is the case, the U.S. company would be required to continue paying the affected individual.

Symptoms of COVID-19 include fever, nausea, vomiting, diarrhea, shortness of breath, and coughing. If a worker shows any of these signs, and was in an area with confirmed cases of the virus, the employer should immediately contact the communicable disease section of the state department of health. It is imperative that the worker be tested to confirm whether he or she has the coronavirus.

Workers who are returning from China may have be asymptomatic. Employers should consider requesting that the employer remain home for 10 to 14 days until the incubation period has passed. However, if the worker alleges that he or she was forced to stay home, he or she may allege that it was due to a perceived disability, which would be a violation of the Americans with Disabilities Act. If the decision was based on the worker’s travel history, it is unlikely that the employee will be able to defend their claim.

Employers can avoid liability and claims of discrimination by focusing on their travel history, as opposed to their national origin, and paying their workers so they do not suffer damages from missed days of work due to the virus. Employers should try to be accommodating to employees who were quarantined and are reintegrating into the workforce.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Employers with Employment Issues Related to the Coronavirus

If you have concerns about how the COVID-19 will impact employment law, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can assist you with these matters. To schedule an initial consultation, call us at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Philadelphia Expands Its Paid Sick Leave Law to Fight COVID-19 Layoffs/Terminations

By ,

Philadelphia’s paid sick leave law, which was enacted five years ago, requires employers with at least 10 employees to provide one hour of paid sick leave for every 40 hours worked, up to 40 hours per year (or five days).

On March 16, 2020, Philadelphia decided to expand this law to include workers who may be affected by the COVID-19 health crisis. The main highlight of the city’s expansion of its paid sick leave law requires employers to pay out any accrued sick leave time when employees are terminated or laid off. This means any employee who was terminated or laid off on March 16th or anytime after is entitled to receive their accrued paid sick time. The city has already made it known that financial hardship is not a valid reason to break the law.

If you believe your employer has violated this law, the first step is to file a complaint with the city, who will then initiate an investigation. Unfortunately, this investigation could take weeks, or even months, as the number of employees who are terminated increase as a result of the COVID-19 novel coronavirus pandemic. Once the city completes its investigation and reaches a final decision or 180 days passes from the filing of the complaint with no final decision by the city, then an individual will have the right to file a lawsuit against the employer.

If you were terminated as a result of the COVID-19 novel coronavirus pandemic and not paid your accrued paid sick time, please contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. as soon as possible. Our skilled legal team will protect your rights and secure the financial compensation you deserve. To schedule an initial consultation, call us today at 215-574-0600 or contact us online.

  Category: Employment, Employment Law
  Comments: Comments Off on Philadelphia Expands Its Paid Sick Leave Law to Fight COVID-19 Layoffs/Terminations
  Other posts by

FMLA and COVID-19

By ,

With all the uncertainties stemming from COVID-19, it is essential for employers to understand their rights and the rights of their employees under federal laws such as the Family Medical Leave Act (FMLA). Making informed decisions now can help to mitigate possible issues later.

Under the FMLA, eligible employees who are sick or who are taking care of a sick family member may be entitled to take up to 12 weeks of unpaid job-protected leave. Does this include employees suffering from COVID-19 and their family members? What about those employees seeking to stay home pursuant to the FMLA in order to avoid getting COVID-19 or those who need to stay home with children dismissed from school?

While businesses want to help do their part in supporting our communities during this time, the attorneys at Sidkoff, Pincus & Green, P.C., understand the tough questions posed by COVID-19 and are here to guide businesses through these uncertain times. Allow us the help you navigate the law so that your business can make informed decisions and respond appropriately.

Our experienced employment attorneys are available to help employers act immediately in a manner that complies with federal, state and municipal laws.

Do not hesitate to contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Fill out our online form or call us at 215-574-0600. Located in Philadelphia, we provide skilled counsel to clients throughout Pennsylvania and New Jersey.

Speaking Out on Climate Change Could Get Amazon Employees Fired

By ,

Amazon employees are speaking out against the online retail giant, criticizing the company for its business practices, including the company’s expansion of its business with major oil and gas companies and the impact it has on the environment. After at least two employees spoke publicly about their opinions, saying that Amazon should be more proactive when it comes to climate change, the workers received written warnings from their employer saying that they could be fired for violating the company’s communications policy. In response to this threat, hundreds of Amazon employees are banding together to criticize the company and support their fellow employees, even if it means losing their job.

Amazon’s communications policy prohibits employees from speaking about the company without prior authorization. The Amazon activists, also known as Amazon Employees for Climate Change, sent an email to thousands of colleagues, asking them to share their thoughts about Amazon’s practices, including issues related to sustainability, immigration, and working conditions in warehouses. The organizers plan to make the comments public once they have gathered at least 100 responses. They believe that strength in numbers will make it more difficult for Amazon to punish a large group of dissenters as opposed to two or three outspoken employees.

Amazon Spokesperson Stands by Company Policy

When asked about the employees’ efforts to organize and speak out against the company, a spokesperson from Amazon said that employees are welcome to discuss a range of topics about the company, including sustainability and other environmental issues with fellow employees and team members. However, the external communications policy states that employees may not speak to the media about the company unless they have approval. An updated version of the policy, which was made after Amazon employees announced their climate protest, said that employees would need to request approval to speak to the media, and they would need to provide a business justification for their request.

One employee was called into a meeting with human resources after she commented on Amazon’s business with oil and energy companies for a story in The Washington Post. She was told that if she spoke to the media again, she could lose her job. She said that she spoke up because she is genuinely scared about the climate crisis, and she will continue to speak up until things start to change.

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

The Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. understand the complex relationship between a company like Amazon and its employees. We work closely with employees who choose to speak out against a company for any wrongdoing. To schedule an initial consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Employment Law
  Comments: Comments Off on Speaking Out on Climate Change Could Get Amazon Employees Fired
  Other posts by

Changes to Employment Law for 2020

By ,

Effective January 1, 2020, over two dozen federal and state employment laws went into effect, which will have an impact on issues involving salaries, employment reclassifications, drug testing, accommodations for pregnant and nursing mothers, and family and medical leave. Employers will need to ensure that they are following these updated laws. The following is an overview of the changes to the Fair Labor Standards Act (“FLSA”) and the changes to employment law in New Jersey.

FLSA Overtime Amendments

● The minimum annual salary for most exempt employees increased to $35,568 per year. For the roughly 1.3 million workers in this country who fall into this group, this is the first time that the salary threshold has been raised in over 15 years. Many workers believe that the increase is still insufficient.
● Employers may count non-discretionary bonuses and incentive payments to meet up to 10 percent of the standard salary level test. However, only employers who are paid annually or more frequently are eligible.
● The minimum annual salary for highly compensated employees increases from $100,000 to $107,432.
● All new hires must fill out the redesigned IRS Form W-4.

New Jersey Salary History Ban Law

In the Garden State, employers may no longer ask job candidates about their salary history, which includes inquiring about wages and benefits. The goal in preventing companies from making offers to prospective employees based on past salaries, or refraining from making an offer, is to promote pay equality among men, women, and minorities in New Jersey. According to the National Partnership for Women and Families, women in New Jersey are paid 82 cents for every $1 earned by men. State employers had to comply with a salary history ban since 2018. The updated law now includes private employers as well. Employers who do not comply with this new law will face penalties of up to $1,000 for their first offense, $5,000 for a second offense, and $10,000 for additional violations.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Represent Workers Whose Employers Violated New Employment Law Changes

If your employer is not in compliance with the new employment laws, you are urged to contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. as soon as possible. It is your employer’s responsibility to understand and comply with the new laws. Our skilled legal team will protect your rights and secure the financial compensation you deserve. To schedule an initial consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Employment Law
  Comments: Comments Off on Changes to Employment Law for 2020
  Other posts by

Google Employees Win the Right to Sue

By ,

Since last November, Google employees have been pressuring the company to end its mandatory arbitration policy, which requires workers to take any legal dispute they have with the company to arbitration. Because there is no judge or jury, and very little government oversight, workers are less likely to win their cases. If they do, their compensation is much less than what they would have gotten if they had the opportunity to go to court. Earlier this month, Google changed its policy and will end mandatory arbitration, effective March 21. This expands a previous decision to only end mandatory arbitration in sexual assault or harassment cases. This is a significant win for Google employees.

Prior to this policy change, new employees were required to sign arbitration agreements when they were hired. Many companies in the United States require new employees to sign these agreements, which means that they cannot sue their boss if they are the victim of sexual harassment, racial discrimination, overtime violations, and job discrimination. When Google’s CEO ended the forced arbitration for sexual harassment and sexual assault, employees were encouraged, but they wanted the company to end forced arbitration for all types of disputes. In addition, they wanted the policy to extend to contractors and temporary workers as they make up over half of the company’s workforce.

Employees Fight for Wider Policy Changes

In a statement published by a group of Google employees, the group credited the company for changing the policy and allowing workers to access their civil rights through the public court system. However, they were disappointed that the policy does not require contract companies that provide Google with workers to follow the same policy. The group went on the say that they will continue to fight until forced arbitration is eliminated for all workers. Tech workers have gained influence recently and are using it to ensure that workers have a voice and are no longer silenced by unfair policies.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Offer Skilled Legal Counsel for Arbitration Issues

If your employer has a mandatory arbitration policy, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. at your earliest convenience. We have a proven track record of reaching successful settlements in a wide range of cases, including those involving mandatory arbitration policies. Protecting your rights is our top priority. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Riot Games Settles in Gender Discrimination Lawsuit

By ,

League of Legends developer, Riot Games, will have to pay over $10 million to settle a class action lawsuit that was filed on behalf of approximately 1,000 women who worked for the company over the past five years. According to court documents, the plaintiffs alleged that the company established a clear pattern of discrimination and sexual harassment. In addition, female employees claimed that they did not receive equal compensation compared to their male counterparts. This was a violation of the California Equal Pay Act—many states such as Pennsylvania and New Jersey have a similar law.

According to the terms of the settlement, each of the roughly 1,000 women who worked at Riot Games over the past five years is eligible to receive a portion of the settlement. The exact amount that each woman will receive depends on seniority, how long they worked at the company, and employment status, but most members of the class-action lawsuit will receive a minimum of $5,000. Full-time employees will receive more settlement money than part-time workers or contractors.

Investigation Reveals Sexist Culture

An investigation into the culture at Riot Games revealed a sexist environment where women were frequently exposed to “crotch grabbing,” “phantom humping,” and hot girl lists. Two women who initially sued Riot Games alleged that there were several women who did not receive equal pay, and who felt that their careers were being stifled by male employees. Several female employees alleged that they received pictures of the male genitalia. The lawsuit also accused the company of denying promotions to deserving female employees because they spoke out against the company’s male culture. In some cases, they were demoted or their benefits were withheld.

After Riot Games filed a motion to force plaintiffs into arbitration, over 150 employees walked out of the office to protest the motion. According to a Riot Games spokesperson, the company looks forward to resolving the lawsuit, and plans to demonstrate their commitment to creating an inclusive and supportive environment for all employees. However, several employees commented that the company’s efforts were overshadowed by the harmful workplace behavior and an ongoing pattern of filling senior positions with male employees.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Represent Victims of Gender Discrimination

If you were discriminated against by your employer or another co-worker because of your gender, you are urged to contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. at your earliest convenience. Employment discrimination laws prohibit employers from harassing employers based on gender, and from retaliating against an employee for reporting discriminatory behavior. Our experienced legal team will ensure that your rights are protected and that you receive the maximum financial compensation you deserve. To schedule a confidential consultation with one of our highly skilled employment lawyers, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Understanding Employment Law Helps Businesses Avoid Future Lawsuits  

By ,

When employers appreciate and respect their employees by offering competitive salaries and benefits packages, opportunities for promotions, and paid time off, their employees are generally more productive and loyal to the company. However, if an employee has been discriminated against or accuses the company of legal wrongdoing, an employer could face serious legal issues if they do not know how to protect themselves from lawsuits and discrimination claims. An experienced employment lawyer can answer all your questions and prepare the legal documents necessary to protect your company from future lawsuits.

One of the most important steps companies should take to avoid serious employment law disputes is to draft a comprehensive, detailed contract that takes as many possibilities into consideration as possible. This is true regardless of how big or small your company is. There is a tendency for entrepreneurs and small business owners to assume that employment law only applies to larger corporations. They do not always consider the fact that small business owners can get into hot water if they make bad hiring and firing decisions or treat their employees poorly.

Importance of Paid Time Off

Employers do not always recognize the value of giving employees paid leave. While some may think it is an unproductive expense, it pays off in the long run by encouraging employees to prioritize their health and wellbeing. Ultimately, this builds job satisfaction and productivity. In addition, if an employer expects employees to work long hours during a particularly busy time, they may be less likely to complain, or accuse the company of unfair treatment if they can take advantage of paid days off.

Employers should also make it a habit of documenting everything that happens in the workplace. For example, if an employee is injured, fill out a detailed accident report that includes information about how the accident occurred and how the company will handle it. Depending on the company size, employers may want to consider hiring a dedicated specialist that can help manage a company’s records.

Hiring an employment lawyer is a significant expense, but one that can save thousands of dollars. An employment lawyer should protect the company and have a thorough understanding of contracts and policies. However, they should not attempt to confuse an employee who accused the company of wrongdoing, simply to try and outwit them. Companies cannot depend on their legal team to bend the rules on their behalf.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Provide Skilled Legal Counsel for Employers

The Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. are highly skilled in all areas of law that impact the employer-employee relationship, including discrimination, harassment, and wrongful termination. Our experienced legal team will work closely with you to create a litigation strategy that addresses your specific concerns. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.

NLRB Supports Union Election Rule That Will Limit Unions’ Bargaining Power

By ,

According to a Bloomberg Law analysis, the National Labor Relations Board (“NLRB”) is supporting a rule change that would make it increasingly difficult for unions to defend themselves against anti-labor campaigns. However, the board based their decision on flawed data. The deficiencies in the data make the NLRB vulnerable to legal challenges.

Members of the NLRB hope to revamp the decades-old blocking charge policy that pauses elections to approve or decertify a union if unfair labor practices are suspected. The board argued that a proposed rule released in August allows unions to file petty actions against the NLRB that union members can use as a stalling tactic. According to the NLRB, 155 blocking actions were filed from 2016 to 2018, with a median number of days that the cases were delayed, ranging from 122 to 145.

After reviewing data supporting the rulemaking, a Bloomberg Law review found numerous examples of instances over the past three years when the board exaggerated the length of delays related to blocking charges. In fact, the board overcounted data in over one-third of the cases involving blocking charges. In one case, they were off by over 12 years. In those 55 cases, the board listed a delay that exceeded the total number of days from when a petition to approve or decertify a union was filed and when an election took place. This was statistically impossible.

These errors could cause problems for the NLRB if they were to face legal challenges from union representatives. According to a law professor at George Washington University, they should have fixed the mistakes by issuing an addendum. The action will be difficult to defend if they proceed without correcting it. He went on to suggest that the NLRB start the rulemaking process from scratch given the significance of the errors. A spokesman for the NLRB declined to comment on the discrepancies or the board’s methodology.

Data Discrepancies

The following are examples of possible causes of the data discrepancies:

  • If more than one allegation of improper conduct was made, the board incorrectly counted the cases.
  • There were problems with the board’s use of agency data. For example, there were duplicates of blocking charges, which the agency counted twice.
  • The board’s only Democrat accused the majority of overstating the number of petitions involving blocking charges.
  • The agency’s field staff declined from 1,136 in 2011 to approximately 857 in 2018.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Handle Legal Matters Involving Union Workers

If you are a member of a union, and your rights have been violated in some way, you are urged to contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We will work closely with you to ensure that you receive the full financial benefits you deserve. Our dedicated team will not stop fighting for you until you are completely satisfied. To schedule an initial consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Employment Law, NLRB, Unions
  Comments: Comments Off on NLRB Supports Union Election Rule That Will Limit Unions’ Bargaining Power
  Other posts by

Fired Law Firm Employee Not Entitled to Whistleblower Protections

By ,

A former accounts receivable clerk was terminated from her position at Martin & Seibert after she reported the firm for suspicious overbilling. She noticed billing irregularities, including billing clients at attorney rates for work that was done by secretaries and paralegals. After voicing her concerns to other individuals at the firm, she was fired. According to the West Virginia Supreme Court of Appeals, at-will private employees who report suspected criminal conduct are not entitled to whistleblower protections.

Shortly after she reported her suspicions, she discovered that her job had been posted. Another attorney at the firm told her that he suspected that certain members of the firm blamed her for the billing irregularities. He urged her to speak to a former U.S. attorney, who he reached out to for advice on her behalf. After speaking to the former accounts receivable clerk, the U.S. attorney contacted the Federal Bureau of Investigation (FBI).

To protect herself, she collected 227 attachments of billable hour data and emailed it to herself. The firm fired her for disclosing confidential information, which was a violation of law firm policy. According to West Virginia courts, there is an exception to the rule that allows at-will employees to be fired if the employee is terminated for refusing to participate in illegal activity. However, the exception does not apply to employees who report wrongdoing. The court ruled that she was not entitled to whistleblower protections because she was a public employee. The legislature would be responsible for making any extensions to the law, not the court. A dissenting judge argued that the majority should have made an exception for an employee who is terminated for reporting alleged overbilling for legal services.

According to the West Virginia Supreme Court of Appeals, the federal whistleblower claim was no longer viable after a February 2018 Supreme Court decision that required reporting to the U.S. Securities and Exchange Commission. This decision was in response to a certified question by a federal court regarding the former employee’s whistleblower lawsuit.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Employees Who Have Been Wrongfully Terminated

If you believe that you were wrongfully terminated from your job, it is in your best interest to contact the highly skilled Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. as soon as possible. We will work closely with you to understand the events leading up to your termination. Our experienced legal team will protect your rights and collect the documentation necessary to reach a successful settlement. To schedule an initial consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.