Pennsylvania workers should be aware of being misclassified by their employers. This is a prevalent and harmful act that is done deliberately by employers so that they can reduce costs and shift responsibility. The United States Department of Labor has obtained two judgments against employers who falsely claimed that their workers are independent contractors instead of employees.
Many Pennsylvania workers are covered by the Family and Medical Leave Act, a federal law that provides certain unpaid leave when an employee or family member has a health-related problem. Most employers freely comply with leave requests, but others do not, and in November, an Ohio federal court heard a case involving an employee who was retaliated against for attempting to exercise his rights under the law.
Pennsylvania employers may be aware that they have Family and Medical Leave Act record-keeping obligations. Because employers are responsible to abide by these laws, they need to know when they consist of.
Pennsylvania workers may know that it is illegal to discriminate against an employee if that individual is disabled. However, knowing what the employer's legal responsibility is and what rights a disabled employee has is important, so a worker may ensure that his or her rights are not violated.
A pair of recent court decisions have reinforced the need for workers to comply with notification requirements set by employers when they seek time off through the Family and Medical Leave Act. Employees in Pennsylvania that do not observe their employers' rules about requesting time off could be legally exposed to disciplinary action.