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WORKPLACE HARASSMENT INVESTIGATION AND DEFENSE

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WORKPLACE HARASSMENT INVESTIGATION AND DEFENSE

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Kaplaw - Employers Legal Defense Institute

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Harassment Defense Attorney for Workplace Harassment Investigations

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ELDI assists with evaluating & upgrading employer anti-harassment policies. A harassment defense attorney can help with a workplace harassment investigation

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Pennsylvania – Minimum Wage, Overtime, Hours and Leave

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Pennsylvania – Minimum Wage, Overtime, Hours and Leave

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Pennsylvania's current minimum wage is $7.25.

For more information on Pennsylvania's minimum wage laws, visit our Pennsylvania Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages.

Related topic covered on other pages include:

Overtime

Pennsylvania labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek. PA Dept. of Labor: Wage and Hour FAQs. See FLSA: Overtime for more information regarding overtime requirements.

Prevailing Wages

Under certain circumstances, employers in Pennsylvania may be required to pay residents wage rates established by the federal or state prevailing wage rates and rules. The prevailing wage rates may be different from the state's standard minimum wage rates. Employees may be eligible for prevailing wages if they work on federal or state government or government-funded construction projects or perform certain federal or state government services. See the Pennsylvania Prevailing Wages, Davis-Bacon and Related Acts, McNamara-O'Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages.

Meals and Breaks

Pennsylvania labor laws require employers to provide a thirty (30) minute break period to employees ages fourteen (14) through seventeen (17) who work five (5) or more consecutive hours. PA Statute 43-40.3(a)

Employers are not required to provide breaks to employees eighteen (18) and over. PA Dept. of Labor: Wage and Hour FAQs. If an employer chooses to provide a break and it lasts less than twenty (20) minutes, it must be paid. If an employer provides a meal period, it does not need to be paid if the employee does not work during the meal period and it lasts more than twenty (20) minutes. PA Dept. of Labor: Wage and Hour FAQs

Nursing Mother Breaks

Pennsylvania labor laws do not require employers to provide nursing mothers with breaks to express breast milk. However, the federal Fair Labor Standards Act requires certain employees to provide nonexempt nursing mothers for one (1) year following a child's birth with reasonable rest breaks to express milk and private spaces, other than a bathroom, to express breast milk.

Vacation Leave

Information about Pennsylvania vacation leave laws may now be found on our Pennsylvania Leave Laws page.

Sick Leave

Information about Pennsylvania sick leave laws may now be found on our Pennsylvania Leave Laws page.

Holiday Leave

Information about Pennsylvania holiday leave laws may now be found on our Pennsylvania Leave Laws page.

Jury Duty Leave

Information about Pennsylvania jury duty leave laws may now be found on our Pennsylvania Leave Laws page.

Voting Leave

Information about Pennsylvania voting leave laws may now be found on our Pennsylvania Leave Laws page.

Severance Pay

Pennsylvania labor laws do not require employers to provide employees with severance pay. PA Dept. of Labor: Wage and Hour FAQs. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract.

Unemployment

Under certain circumstances, Pennsylvania residents may be eligible for unemployment benefits while they search for another job. You are required to certify that you are unemployed on a weekly basis to receive these benefits. See Pennsylvania State Unemployment Benefits.

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Pennsylvania Labor Laws - Wage, Hour - EmploymentLawHandbook.com

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Minimum Wage Pennsylvania's current minimum wage is $7.25. For more information on Pennsylvania's minimum wage laws, visit our Pennsylvania Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages. Related topic covered on other pages include: Compensable time (hours worked) Minimum wage and overtime ...

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WAGE AND OVERTIME COMPLIANCE AND DISPUTES

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WAGE AND OVERTIME COMPLIANCE AND DISPUTES

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Kaplaw - Employers Legal Defense Institute

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Wage and Overtime Compliance and Disputes | Kaplaw - Employers Legal Defense Institute

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When the wage and hour regulations affecting payment of overtime to employees were "streamlined" in 2009 to "clarify" those regulations, human

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PTO, Vacation, Sick Leave: What’s the Difference?

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PTO, Vacation, Sick Leave: What’s the Difference?

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Taking a break from work is crucial to employees' mental health and productivity. However, balancing business needs with employees being out of office can be a challenge for some companies-especially on top of staying compliant with federal, state, and local laws.

When designing a time off plan, companies must decide whether to implement separate sick leave and vacation policies, or combine them into a PTO policy.

To get a better understanding of what works best for your organization, let's take a closer look at each option:

Vacation Time

It's no secret that employees who have time for leisure and rest tend to be happier and more productive. Providing your employees with sufficient vacation time is vital for preventing and retaining quality staff.

Many employers have a vacation policy in place where time accrues according to seniority. With this policy, employees need to receive approval in advance in order to take time off. When vacation and sick time are pooled separately, they are often accrued separately at different rates.

In general, vacation time is expected to be used as a respite from work. It is not intended for illnesses or medical emergencies, unless employees have run out of sick time. In many states such as California, vacation time is considered part of employees' benefits packages. Any unused vacation time must be paid out to employees when they leave the company.

Paid Sick Time

In the post-pandemic workplace, it's critical for companies to have a strong sick leave policy . Sick time is expected to be used when employees are ill or injured. This means communicating that employees should stay home when they are not feeling well-especially if they have an infectious disease that could be transmitted to coworkers. Plus, your employees will heal faster and produce better quality work if they are given adequate time to recover.

While there is no federal law requiring companies to provide paid sick leave, several states and jurisdictions require it. Even if your state does not, failing to provide paid sick time can leave employees with no choice but to come to work when they are ill. This can increase the risk of spreading illnesses and diseases, while also negatively impacting employee morale.

Unlike vacation time, unused paid sick leave does not have to be paid out to employees when they leave the company.

Unpaid Sick Time

There are a number of federal laws requiring employers to provide unpaid job-protected leave to employees for medical and family reasons, including the Family and Medical Leave Act (FMLA) and the Americans With Disabilities Act (ADA). Both organizations and their employees should understand the entitlements provided by each of these laws.

If your company has at least 50 employees, entitles them to 12 weeks of unpaid leave a year to manage family and medical issues. This includes situations like childbirth, adoption, and caring for a serious medical condition for themselves or a family member. The has extended this to individuals with disabilities and requires employers to provide disabled employees with additional unpaid job-protected leave.

PTO

Many employers have switched to a model that combines paid vacation and sick time into one pool of Paid Time Off (PTO). A PTO policy can be a designated amount of time, unlimited, or accrued.

The time can be used for vacation, illness, doctor's appointments, jury duty, personal days, or whatever employees need to take time off for. While there is much debate on whether to have a PTO policy versus separate sick and vacation policies, companies are increasingly leaning toward this model to stay competitive in the job market.

What are the advantages of PTO?

Many HR professionals prefer PTO policies because it only gives them one bank of time off to manage. It also allows companies to have a single consistent policy throughout different states and jurisdictions. Not only does having a PTO policy simplify recordkeeping, but it also reduces unscheduled absences and provides employers with more notice of time off.

Moreover, employees enjoy the flexibility provided by PTO policies. They don't need a doctor's note to come back to work after being sick and they can be honest about needing time for a personal or mental health day.

What are the disadvantages of PTO?

Since PTO policies combine paid vacation and sick time, employees tend to use more of their time off for vacations-which increases the chances that employees may come to work sick. PTO policies are also unpopular among employees who have ongoing health issues. They essentially lose time off for leisure by using their PTO to take care of themselves.

Leftover PTO doesn't have to be paid out when employees leave their company unless they are in a jurisdiction where vacation time is legally required to be paid out. In those cases, the entire remaining bank of PTO must be paid to employees, which can be a higher amount than if vacation and sick time are separated. Therefore, it is not uncommon for companies to reduce the total amount of paid time off when moving from a split policy to a PTO policy.

In the post-pandemic job market, unlimited PTO policies will become more enticing to candidates seeking flexibility and convenience. To learn how your company can attract top talent by implementing an effective unlimited vacation policy, check out our .

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PTO, Vacation, Sick Leave: What's the Difference?

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Taking a break from work is crucial to employees' mental health and productivity. However, balancing business needs with employees being out of office can be a challenge for some companies-especially on top of staying compliant with federal, state, and local laws.

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610-260-6000

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