Best Employment & Labor Lawyers in Philadelphia

About Employment & Labor Law in Philadelphia, United States

Employment & Labor Law in Philadelphia, United States is a branch of law that focuses on the rights and obligations of both employers and employees in the workplace. It covers a range of legal issues related to employment, such as hiring practices, wages, working conditions, discrimination, harassment, and termination. The laws aim to ensure fair treatment and protect the interests of both parties involved.

Why You May Need a Lawyer

There are several common situations where you may require legal help in Employment & Labor matters:

• If you believe your rights as an employee have been violated, such as experiencing discrimination, harassment, or wrongful termination.
• If you need assistance negotiating an employment contract, severance package, or non-compete agreement.
• If you are an employer facing legal action from an employee or need guidance on compliance with labor laws.
• If you are considering filing a complaint with a government agency, such as the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC).
• If you need general legal advice or have questions about your rights and responsibilities in the workplace.

Local Laws Overview

In Philadelphia, several local laws are particularly relevant to Employment & Labor:

• Philadelphia Fair Practices Ordinance: This law prohibits discrimination in employment based on various protected characteristics, including race, color, gender, age, disability, sexual orientation, and more.
• Philadelphia Wage Theft Ordinance: This ordinance prohibits employers from withholding wages or engaging in unfair pay practices.
• Philadelphia Sick Leave Ordinance: This law requires certain employers to provide paid sick leave to their employees.
• Philadelphia Ban the Box Ordinance: This ordinance restricts employers from inquiring about an applicant's criminal history during the initial stages of the hiring process.
• Philadelphia Fair Workweek Employment Standards Ordinance: This law establishes scheduling requirements for certain industries, including advance notice of schedules and payment for schedule changes.

Frequently Asked Questions

1. Can my employer fire me without a valid reason?

No, Philadelphia follows the "at-will" employment doctrine, which means employers generally have the right to terminate employees at any time. However, there are exceptions to this rule, such as when the termination violates anti-discrimination laws or is retaliatory in nature.

2. How do I file a discrimination complaint in Philadelphia?

You can file a discrimination complaint with the Philadelphia Commission on Human Relations or the Pennsylvania Human Relations Commission within a specified time period after the alleged incident. It is recommended to consult with an attorney who specializes in Employment & Labor Law to guide you through the process.

3. What are the minimum wage and overtime laws in Philadelphia?

As of July 1, 2021, the minimum wage in Philadelphia is $10.00 per hour for employees who are not covered by the Pennsylvania Minimum Wage Act. Overtime must be paid to most employees who work more than 40 hours in a workweek at a rate of one and a half times their regular rate of pay.

4. Am I entitled to family and medical leave in Philadelphia?

Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to take unpaid leave for certain family and medical reasons. Additionally, Philadelphia has its own Paid Sick Leave Ordinance that requires certain employers to provide paid sick leave to employees.

5. Can I sue my employer for workplace harassment?

Yes, if you have been subjected to workplace harassment, you may have grounds to file a lawsuit against your employer. It is advisable to consult with an attorney who can assess your specific situation and guide you through the legal process.

Additional Resources

Here are some additional resources, governmental bodies, and organizations that can be helpful for someone seeking legal advice in Employment & Labor matters:

• Philadelphia Lawyers for Social Equity: A non-profit organization providing free legal services and resources related to employment and fair practices in Philadelphia.
• Pennsylvania Department of Labor & Industry: The state department responsible for enforcing labor laws and providing guidance to employers and employees.
• Philadelphia Commission on Human Relations: The agency responsible for enforcing the Fair Practices Ordinance and handling discrimination complaints in Philadelphia.
• Equal Employment Opportunity Commission (EEOC): A federal agency that enforces federal laws prohibiting employment discrimination.

Next Steps

If you need legal assistance in Employment & Labor matters in Philadelphia, here's what you can do:

• Research and choose an attorney specializing in Employment & Labor Law in Philadelphia to discuss your case or concerns.
• Gather all relevant documents, such as employment contracts, pay stubs, or any evidence related to your situation.
• Schedule a consultation with the attorney to discuss your legal rights, potential courses of action, and the best way to proceed.
• Follow the advice and guidance provided by the attorney to protect your interests and navigate the legal process effectively.