Question 1

Can a business lawyer help with employee handbooks?

Accepted Answer

Yes. A business lawyer can help draft, review, and update employee handbooks and workplace policies to reflect applicable federal, Pennsylvania, and local employment laws. A well-drafted handbook can help employers set clear expectations, promote consistent practices, and reduce the risk of employment-related disputes.

Question 2

What employment laws must Pennsylvania businesses follow?

Accepted Answer

Pennsylvania businesses must comply with a range of federal, state, and, in some locations, local employment laws. These may include laws governing wages and overtime, discrimination and harassment, retaliation, workplace safety, employee leave, hiring and termination practices, workers’ compensation, unemployment compensation, and employee classification.

Question 3

Can an attorney help with employee discipline and termination claims?

Accepted Answer

Yes. An attorney can help employers evaluate discharge and discrimination claims brought by former employees.  An attorney can assess potential legal exposure, preserve relevant records, respond to demand letters or agency charges, and represent the business in negotiations, administrative proceedings, and litigation.

Question 4

What should an employer do when facing a harassment claim?

Accepted Answer

Employers should take harassment complaints seriously and respond promptly, consistently, and lawfully. Counsel can help evaluate reporting obligations, conduct or oversee an appropriate investigation, preserve relevant evidence, protect employees from retaliation, recommend corrective action when warranted, and reduce the risk of liability while maintaining a respectful workplace.

Question 5

How can employers navigate exempt versus non-exempt employee status?

Accepted Answer

Employee classification requires careful analysis of job duties, salary basis, compensation level, and applicable federal and state wage-and-hour rules. An attorney can help employers determine whether positions qualify for overtime exemptions, identify misclassification risks, update job descriptions and pay practices, and address compliance issues before they lead to wage claims or government investigations.

Question 6

Should employment contracts be reviewed by an attorney?

Accepted Answer

Yes. Employment agreements should be carefully reviewed to ensure that key terms are clear, enforceable, and consistent with applicable law. Important provisions often include compensation, duties, confidentiality, intellectual property ownership, restrictive covenants, dispute resolution, and termination rights.

Question 7

What are the family and medical leave laws in Pennsylvania?

Accepted Answer

Pennsylvania does not currently require private employers to provide a statewide paid family and medical leave benefit. However, eligible employees may be entitled to up to 12 weeks of unpaid, job-protected leave under the federal Family and Medical Leave Act. Generally, FMLA eligibility depends on factors such as employer coverage, length of employment, hours worked, and the number of employees within a specified geographic area. Local ordinances and employer policies may provide additional leave rights.

Question 8

How can an attorney help with labor disputes?

Accepted Answer

A labor attorney can help employers manage union-related issues, interpret and administer collective bargaining agreements, respond to grievances, and prepare for arbitration. Counsel can also assist with collective bargaining, unfair labor practice charges, National Labor Relations Board proceedings, strike planning, and strategies for maintaining compliance with federal labor law.

Question 9

Can an attorney help an employer through the unionization process?

Accepted Answer

Yes. An experienced labor attorney can guide employers through union organizing activity, representation petitions, election procedures, and communications with employees while helping the business comply with the National Labor Relations Act. Counsel can also help train managers, assess workplace concerns, respond to union demands, and develop lawful strategies for maintaining operations and employee relations throughout the process.

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