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Browse our 3 legal questions about Employment Rights in United States and the lawyer answers, or ask your own questions for free.
Employment Rights in Pennsylvania are protected by a combination of federal and state laws designed to ensure fair treatment, safe working conditions, and equal opportunity in the workplace. These laws cover a broad range of issues including wages, discrimination, workplace safety, wrongful termination, and benefits. Employees in Pennsylvania have the right to a workplace free from discrimination and harassment, to receive at least the minimum wage, and to work in a safe environment. Both employers and employees benefit from understanding these laws to prevent disputes and protect their respective rights.
There are various situations where seeking the help of a lawyer who specializes in Employment Rights can be crucial. Some common scenarios include:
An experienced employment lawyer can offer guidance, negotiate with employers, and represent your interests in formal complaints or court cases if needed.
Pennsylvania adheres to several important federal employment laws such as the Civil Rights Act, Americans with Disabilities Act, and Fair Labor Standards Act. However, it also has state-specific laws that are particularly relevant to Employment Rights, including:
Employment-at-will means an employer or employee can terminate employment at any time, for any legal reason or no reason at all, though exceptions exist for illegal discrimination, retaliation, or when written contracts are in place.
Both federal and Pennsylvania law prohibit employers from discriminating against employees due to race, color, sex, age, religion, national origin, disability, and certain other protected characteristics. Complaints can be filed with state or federal agencies.
As of early 2024, Pennsylvania’s minimum wage follows the federal rate, which is 7.25 dollars per hour. Some employers and positions may have different rules regarding tipped employees or specific exemptions.
Most employees in Pennsylvania must be paid overtime at one and a half times their regular rate for any hours worked over 40 in a single workweek, though there are exemptions for certain job categories.
Document the behavior, report it according to your workplace’s policy, and consider contacting the Pennsylvania Human Relations Commission or a lawyer if the issue is not resolved or if there is retaliation.
No, it is illegal for employers to retaliate against employees for reporting workplace safety violations. Such retaliation can be challenged with the Occupational Safety and Health Administration (OSHA) or through legal action.
The PHRA protects employees from discrimination in hiring, firing, compensation, terms, and conditions of employment based on protected characteristics such as race, sex, religion, age, and disability.
You must apply through the Pennsylvania Department of Labor and Industry and meet eligibility requirements such as losing your job through no fault of your own and being able and available to work.
Workers’ compensation in Pennsylvania covers most injuries or illnesses caused by work activities. Eligible employees may receive medical treatment coverage and lost wages due to work-related injuries.
Pennsylvania law requires minors to receive breaks, but for adults, mandatory breaks are not required except for special regulations. Many employers offer breaks as a courtesy or by company policy.
Several official resources, agencies, and organizations can help you better understand or defend your Employment Rights in Pennsylvania:
If you believe your Employment Rights have been violated, consider the following steps:
Taking proactive steps will help protect your rights and provide a stronger foundation for any legal action if necessary.
