Best Employer Lawyers in Scranton

About Employer Law in Scranton, United States

Employer law in Scranton, Pennsylvania, covers a range of regulations and practices that govern the relationship between employers and employees. These laws are aimed at ensuring fair treatment in the workplace, preventing discrimination, and providing a consistent framework for employment practices. As part of the larger Pennsylvania legal landscape, Scranton employers must comply with both state and federal employment laws, as well as any local ordinances that apply to their businesses. These laws encompass various aspects of employment, including hiring practices, wage and hour regulations, workplace safety, employment termination, and more.

Why You May Need a Lawyer

There are several situations where you might require the assistance of an employment lawyer in Scranton. Common situations include:

• Discrimination and Harassment: If you believe you are experiencing discrimination or harassment at your workplace based on race, gender, age, or other protected characteristics, legal counsel can help you understand your rights and remedies.
• Wage and Hour Disputes: An attorney can assist if you are not being paid fairly or are having issues with overtime compensation, wage theft, or minimum wage compliance.
• Wrongful Termination: If you believe you were unjustifiably or illegally terminated, legal advice can guide you through holding your employer accountable.
• Employment Contracts: Legal assistance is often needed for understanding, negotiating, or disputing employment contracts, non-compete agreements, or severance packages.
• Workplace Safety: Legal advice might be necessary if you face unsafe working conditions or have concerns about your employer's compliance with OSHA regulations.

Local Laws Overview

Scranton, like other parts of Pennsylvania, abides by state laws such as the Pennsylvania Human Relations Act, which prohibits employment discrimination. The city also follows federal laws including the Fair Labor Standards Act (FLSA) and the Occupational Safety and Health Act (OSHA). Employers in Scranton must also adhere to local ordinances that may impact specific employment practices, such as paid sick leave regulations and employment termination processes. It's essential for both employers and employees to be aware of these laws to ensure compliance and protect individual rights.

Frequently Asked Questions

What types of discrimination are illegal in Scranton workplaces?

Under both federal and state law, discrimination based on race, color, national origin, sex, disability, and age is illegal in Scranton workplaces. Additionally, the Pennsylvania Human Relations Act adds additional protections for ancestry, religious creed, and use of a guide or support animal.

Can an employer in Scranton require a drug test as a condition of employment?

Yes, employers in Scranton can require drug testing as a condition of employment, provided the policy is applied consistently to all candidates in similar positions and adheres to any state or federal guidelines.

What are my rights regarding overtime pay?

Employees in Scranton are entitled to overtime pay for any hours worked over 40 in a workweek, at a rate of one and a half times the regular pay rate, unless classified as exempt under specific criteria outlined in the FLSA and state law.

What should I do if I am being harassed at work?

Document the incidents and report them to your HR department or a supervisor. If the issue is not resolved internally, you may want to consult with a lawyer to discuss filing a claim with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission.

Is it legal for my employer to fire me without cause?

Pennsylvania is an at-will employment state, meaning employers can terminate employees for any lawful reason or no reason at all, unless there is an employment contract that specifies conditions for termination or the termination is discriminatory or retaliatory.

How can I confirm if my employer is complying with workplace safety standards?

You can request information about workplace safety measures and policies from your employer. Additionally, OSHA provides resources for employees to report unsafe working conditions anonymously.

Am I entitled to sick leave in Scranton?

While Pennsylvania does not have a statewide paid sick leave law, Scranton may have local ordinances that require some form of unpaid or paid sick leave. It's advisable to check with local regulations or your employer's policy.

What should I consider before signing a non-compete agreement?

Before signing, understand the restrictions, duration, and geographic area covered by the agreement. A lawyer can help assess its enforceability and negotiate terms on your behalf.

Can an employer change the terms of my employment contract without my consent?

An employer may propose changes, but you must agree to any modifications to your employment contract. Consult with an attorney if you feel forced or coerced into accepting changes.

What is the process for filing a wrongful termination claim in Scranton?

Begin by collecting documentation related to your employment and termination. Consult with an employment lawyer to evaluate your case and assist with filing a claim with the appropriate agency or court.

Additional Resources

If you are seeking legal advice or more information, consider contacting these resources:

• Pennsylvania Human Relations Commission: Offers assistance on discrimination issues.
• U.S. Equal Employment Opportunity Commission (EEOC): Provides resources and accepts claims of workplace discrimination.
• Occupational Safety and Health Administration (OSHA): For workplace safety concerns.
• Scranton Legal Aid Office: Offers free or low-cost legal services for qualified individuals.
• Pennsylvania Department of Labor & Industry: Provides information on employment regulations and worker's rights.

Next Steps

If you believe you need legal assistance regarding employment issues in Scranton, begin by gathering all relevant documentation related to your case, such as employment contracts, communications with your employer, and records of any incidents. Contact a local employment attorney to discuss your situation and evaluate your legal options. Many attorneys offer free initial consultations to help understand your circumstances and decide the best course of action.