Best Employment & Labor Lawyers in Pennsylvania

About Employment & Labor Law in Pennsylvania, United States

Employment and labor law in Pennsylvania governs the relationship between employers and employees, ensuring that workplaces are fair, safe, and compliant with state and federal regulations. This area of law covers a broad range of issues such as hiring, wages, workplace safety, benefits, wrongful termination, discrimination, and workers’ compensation. The state of Pennsylvania follows both federal labor laws and its own state-specific regulations to protect the rights of employees while also providing guidelines for employers.

Why You May Need a Lawyer

Labor and employment matters can often become complicated and emotionally charged. People may need a lawyer in the following common situations:

• Experiencing wrongful termination or retaliation after reporting illegal activity in the workplace
• Being a victim of workplace discrimination or harassment due to race, gender, age, disability, religion, or other protected characteristics
• Unpaid wages, unpaid overtime, or wage theft, including minimum wage violations
• Issues with employee benefits, such as health insurance, retirement plans, or bonuses
• Understanding or disputing non-compete, non-solicitation, or severance agreements
• Problems with family and medical leave under FMLA or Pennsylvania's own leave policies
• Workplace safety or workers’ compensation claims after an on-the-job injury
• Facing unemployment or difficulties obtaining unemployment benefits

A lawyer can help you navigate the complex laws, represent your interests, and ensure your rights are protected.

Local Laws Overview

Pennsylvania employment law reflects a mix of state and federal regulations. Some key aspects that affect workers and employers in Pennsylvania include:

• At-will Employment: Most employment is at-will, meaning employers or employees can end the employment relationship at any time and for almost any reason, except for illegal reasons such as discrimination or retaliation.
• Anti-Discrimination Laws: The Pennsylvania Human Relations Act (PHRA) prohibits employers from discriminating based on race, color, religion, ancestry, age, sex, national origin, disability, relationship or association with a disabled person, or use of a guide or support animal.
• Wages and Overtime: Pennsylvania follows the federal minimum wage, currently set at $7.25 per hour, but cities like Philadelphia may have higher local standards. Overtime must be paid at one and a half times the regular rate for hours worked over 40 per week, with certain exemptions.
• Leave Protections: The Family and Medical Leave Act (FMLA) applies, as well as state-specific leave laws for military families and jury duty.
• Workers’ Compensation: Pennsylvania law requires most employers to carry workers’ compensation insurance, covering medical costs and lost wages for employees injured on the job.
• Unemployment Compensation: Pennsylvania offers unemployment benefits for eligible employees who lose their jobs through no fault of their own.
• Workplace Safety: OSHA standards are enforced, and additional state laws may apply for specific industries.

Frequently Asked Questions

What is at-will employment, and how does it work in Pennsylvania?

At-will employment means either the employer or employee can end the relationship at any time and for nearly any reason, as long as it is not for an illegal reason such as discrimination, retaliation, or violation of public policy.

Can my employer fire me without giving a reason?

Yes, because of at-will employment, your employer does not need to provide a reason unless you are covered by an employment contract or protected by laws against discrimination, retaliation, or wrongful termination.

What constitutes workplace discrimination in Pennsylvania?

Workplace discrimination occurs when an employer treats an employee or job applicant unfavorably because of race, gender, age (age 40 and over), disability, religion, national origin, or other protected characteristics listed in the Pennsylvania Human Relations Act.

What is the minimum wage in Pennsylvania?

As of now, the minimum wage is $7.25 per hour, which matches the federal minimum wage. Some localities may have higher minimum wage requirements.

Am I entitled to overtime pay, and how is it calculated?

Most employees who work more than 40 hours in a workweek are entitled to one and a half times their regular rate of pay for overtime. Some jobs may be exempt from overtime under state or federal law.

What should I do if I believe I have been wrongfully terminated?

You should collect any relevant documentation, such as performance reviews and termination letters, and consider consulting with an employment lawyer to determine whether your termination was illegal.

How do I file a discrimination complaint?

Discrimination complaints can be filed with the Pennsylvania Human Relations Commission (PHRC) or the federal Equal Employment Opportunity Commission (EEOC), depending on the circumstances.

What rights do I have if I am injured at work?

Most employees are covered by workers’ compensation insurance, which provides medical benefits and wage replacement. You should report your injury to your employer as soon as possible and follow the process for filing a claim.

Can I take leave to care for a family member or for medical reasons?

Eligible employees may take up to 12 weeks of unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA). Pennsylvania also provides additional protections in some circumstances.

How do I apply for unemployment benefits in Pennsylvania?

You can apply for unemployment benefits online through the Pennsylvania Department of Labor & Industry if you have lost your job through no fault of your own and meet eligibility requirements.

Additional Resources

• Pennsylvania Department of Labor & Industry - provides information on wage and hour laws, unemployment benefits, and workplace safety.
• Pennsylvania Human Relations Commission (PHRC) - handles discrimination complaints and provides educational resources.
• Occupational Safety and Health Administration (OSHA) - offers guidance on workplace safety standards and reporting unsafe conditions.
• Equal Employment Opportunity Commission (EEOC) - enforces federal anti-discrimination laws.
• Local legal aid organizations and bar associations - provide referrals or low-cost legal services for employment matters.

Next Steps

If you believe you need legal assistance regarding an employment or labor matter in Pennsylvania, it is important to act promptly. Start by gathering all relevant documents and making a detailed account of events. Reach out to local legal resources, such as an employment law attorney or a workers’ rights organization. Many lawyers offer an initial consultation to assess your situation. You can also contact state agencies like the PHRC or the Pennsylvania Department of Labor & Industry for guidance on filing a complaint or claim. Consulting with a knowledgeable employment lawyer ensures that your rights are protected and that you receive appropriate advice for your unique circumstances.