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Philadelphia Employment Law News

Can Employers Ask About an Applicant's Criminal History?

Employers perform background checks for a number of reasons. Whether or not it's for a valid reason, an applicant's background check can affect a candidate's ability to get a job. But in Philadelphia, employers should be wary of digging into a candidate's criminal history -- it could be illegal.

In step with many states and cities across the country, the city of Philadelphia restricts an employer's ability to ask job applicants about their criminal history.

Non-compete clauses (NCCs) can be an excellent method for protecting a business' financial interests when hiring an employee with access to valuable information. The protection they offer a company does no good, however, when they're struck down as unenforceable by a court.

How do you know if your NCC is enforceable? FindLaw's page on NCCs provides a helpful overview. But there are some more tips that Philadelphia-area employers will want to keep in mind.

How to Conduct an Employee Investigation

Employers oftentimes receive complaints of harassment and discrimination by their employees. However, many employers do not know how to properly investigate these claims leading to potential liability for the employer itself.

Discrimination and harassment complaints are a huge headache for employers. Nobody likes an employment lawsuit, and nobody likes dealing with allegations of discrimination. However, failure to look into the matter more has notoriously led to multi-million dollar liability for many companies.

So when an employee complains about discrimination, you'd better take that complaint seriously. In addition, you will need to know how to conduct an employee investigation and how to take action to stop the alleged discriminatory activity.

On-the-job injuries can leave you unable to work for weeks on end. Workers' compensation is intended to help you get the care you need and make ends meet while you're on the mend. However, for the uninitiated, navigating the workers' compensation system can be a bit overwhelming.

While it may be the last thing you feel like doing after suffering a serious injury, it's important to take steps to protect your interests as soon as a workplace injury occurs.

Here are some steps to consider taking after you're injured on the job, in order to claim workers' compensation benefits:

How At-Will Employment Works in Pennsylvania

Most workers in Pennsylvania are considered at-will employees.

This basically means that you have no legal right to keep your job. So unless you have an employment contract that guarantees your job for a specified period of time, you can be fired for any valid reason.

And employers generally have no obligation to give you any advance notice. So they could, in fact, tell you to pack your bags today.

What Payroll Records Do Employers Need to Keep?

Employers are required to maintain certain payroll records under the Fair Labor Standards Act (FLSA).

Failure to comply with these requirements can lead to fines and even jail time.

That may sound ominous, but keep in mind that most employers may be complying with these requirements even unintentionally. Generally, the Department of Labor only mandates that these records be accurate.

How Am I Charged for My 12 Workweeks of FMLA Leave?

You get 12 workweeks of FMLA leave. But as you may know, 12 workweeks of time off leaves plenty of room for interpretation as to exactly how much time you get off. This is especially true when you have already taken some time off in the year.

The general rule is that you are charged leave for your actual usage, according to the Department of Labor. So if you take leave for one full workweek, you will be charged one workweek.

On the other hand, if you take intermittent leave or only need two days off in the week, you should only be charged for that proportion of that workweek for which you take time off. For example, if you only take one day off in a five-day workweek, you should be charged one-fifth of a workweek only.

4 Important Benefits of Taking FMLA Leave

There are many important benefits that the Family and Medical Leave Act (FMLA) provides for workers. In fact, the benefits of the FMLA far outweighs the negatives of trying to understand this complex morass of laws.

Many workers may lose interest in figuring out the availability of the FMLA after they realize it is unpaid leave. However, before giving up, you should know these four benefits of taking FMLA leave, as provided by the U.S. Department of Labor:

When Can I Take FMLA Leave for a Medical Condition?

You can only take FMLA leave for serious medical conditions.

Contrary to popular belief, you cannot simply request FMLA every time you feel sick or want to care for a loved one.

Instead, to take FMLA leave for a medical reason, you will need to show that the medical condition qualifies as a "serious health condition."

An Overview of Your FMLA Rights

The Family and Medical Leave Act (FMLA) is a confusing body of law. Even lawyers and human resource professionals are confused as to the intricacies of the law. As a result, most laypeople will need some help understanding their rights.

Here is an overview of the FMLA, which grants leaves of absence to eligible employees.