Be Informed.

Over the last century, the American workforce has gone through some fairly dramatic changes. Along the way, numerous state and federal laws have been passed in an effort to protect workers and ensure that they are treated fairly in the workplace. One issue that has remained at the forefront of employment law debates is the distinction between employees and independent contractors. Recently, that very issue was before a California labor commissioner after an Uber driver filed a claim against the company. As more “sharing” industries sprout up around the nation, the distinction between employees and independent contractors will continue to blur.

As an employee, any number of issues could come up at your job that could threaten your future employment with the company. One issue you may not have considered, until your employer brings it up, is a non-compete agreement. If your employer calls you in to the office one day and asks you to sign a non-compete agreement your first though will likely be “Do I have to sign a non-compete to keep my job?”

Does your employer have a “banked hours” or “comp time” policy? If so, chances are good that your employer’s policy is violating federal law. The chances are also good that this comes as a shock to you given how common these polices are. Your next question may be “Why can’t my employer pay comp time instead of overtime?” The simple answer is that comp time, with few exceptions, violates the overtime laws found in the federal Fair Labor Standards Act, or FLSA.

Unlike worker in many other countries around the world, workers in the United States are protected in the workplace by a variety of state and federal laws aimed at creating and maintaining a safe and fair workplace. Although these laws go a long way toward regulating the employer-employee relationship, there are still a number of areas that are left to the employer’s discretion. One of those areas is meal breaks. Employees are often surprised to find that although many employers do provide scheduled meal breaks, there is no federal law requiring an employer to do so.

In the United States, the federal Fair Labor Standards Act, or FLSA, protects workers from unfair labor practices by requiring that most workers be paid at least minimum wage and that most workers be paid overtime for time worked over 40 hours during a workweek. Overtime must be paid at the rate of one and one-held the worker’s regular hourly wage.  Some employees, however, are exempt from the overtime pay requirement found in the FLSA.

If you are an employee working in a medium to large company the odds are good that your company has a policy of offering pay raises to employees at regularly scheduled intervals. What happens though, if you are the only employee in your department who did not get a pay raise? Is that legal? Although it may seem intrinsically unfair, it may very well be legal.

As a worker, the distinction between being a permanent employee and being a sub-contractor is significant for a number of reasons. Unfortunately, your employer is the one who decides which category you fall into; although, employers incorrectly categorize (intentionally or unintentionally) workers frequently. What happens if your employer randomly changes your categorization? For example, can your employer change your status from full-time permanent employee to a sub-contractor without your consent? The answer to that question is both “yes” and “no.”

If you have been working for your employer for some time and are suddenly asked to sign a non-compete agreement you may be unsure how to proceed. Signing the non-compete agreement certainly has ramifications for you should your employment with your employer end for any reason in the future. Not signing the agreement may also have more immediate negative consequences if your employer has indicated that signing the agreement is a condition of continued employment with the company, leaving you to wonder “Can I be fired if I refuse to sign a non-compete in Pennsylvania?” The answer to that question is “Yes, but…”

If your employer fired you and only gave other employees a warning for the same conduct the issue is whether the disparate treatment was based on a protected trait or not. For instance, if you were singled out for termination because you are of Middle Eastern decent, because you are female, or because you are 55 years old, you could have the basis of an employment discrimination lawsuit. On the other hand, if you were singled out because you work performance prior to the conduct in question was poor compared to the other employees, or for any other non-discriminatory reason, your employer’s conduct was perfectly legal.

You are a hardworking, conscientious, and reliable employee. Your job performance, in your opinion, is equal to, or exceeds, that of your co-workers. Bonus time comes around, however, and everyone but you receives one. You find yourself wondering “I am the only one who did not get a bonus. Is this legal?” Your questions is perfectly understandable. The answer, however, is not a simple “yes” or “no.” Instead, the answer is “it depends.”

Understandably, employers want to protect the investment they have made into their company. As an employee, you may not think of yourself as a threat to your employer; however, your employer may see you as such. If so, you may be asked to sign a non-solicitation or non-compete agreement prior to starting work for an employer or at any time after to begin working for the employer. Before you agree to sign the agreement though, you should have a firm understand of the difference between a non-solicitation agreement and a non-compete agreement.

Disabled workers in the Commonwealth of Pennsylvania are protected under both state and federal law from being discriminated against in the workplace. Federal law goes one step further by requiring employers to make “reasonable accommodations” for qualified disabled employees. If you are a disabled worker and you are having a difficult time getting an employer to provide you with the required accommodation you are likely wondering “How do I make my employer give me an accommodation?”

Deciding to resign, or quit, a job is usually a decision that is only made after careful contemplation and a weighing of all the factors involved. If you work for an employer that routinely gives bonuses to employees you may include issues related to your bonus in those factors. Specifically, you may be wondering “Can I get my bonus after I quit?” Despite the fact that this is a relatively common question posed by employees, there is not always a clearly defined answer. The Pennsylvania Wage Payment and Collection Law, however, does provide some guidance on the issue.

Both federal law and the Pennsylvania Human Relations Act prohibit sex-based employment discrimination. Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex and applies to all facets of employment, including the hiring process. As such, if an employer made a decision not to hire you based on your answers to the question regarding your childcare arrangements that decision would likely qualify as sex discrimination.

Workers in the United States are protected from discriminatory as well as unfair employment practices by numerous state and federal laws. One specific type of workplace practice that workers are protected from is “harassment.” How is workplace harassment defined though? Most people have some idea what the word “harassment” means to them; however, “harassment” in the legal context is not necessary used the same way as it is in everyday conversation.