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Jan17

Break and Lunch Requirements in PA

What is the state law requirements for PA regarding breaks and lunch time allotted in an 8 hour work day?

Employers in Pennsylvania are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work five or more consecutive hours. Employers are not required to give breaks for employees 18 and over.

Though there is neither Pennsylvania nor federal law requiring rest breaks or meal periods, when such benefits are provided employers must follow compensation requirements under the federal Fair Labor Standards Act (FLSA).

Under the FLSA, short breaks lasting less than twenty minutes in duration must be compensated.

Meal periods typically lasting thirty minutes or more serve a different purpose than short breaks and are not time required to be compensated. Employees must be relieved of all work responsibilities during meal periods. If an employee does any work during his meal period the time must be compensated and counted towards the total number of hours worked in the workweek.

January 17th, 2017, 2:25 PM |  Posted in: Labor Laws |
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Jan17

Payday

When a payday falls on a Sunday and the following Monday is a holiday, are checks distributed on the prior Friday or the next working day (Tuesday)?

Usually, when a payday falls on a day the company is closed, paychecks are distributed on the next business day. However, employers can choose to pay employees before the company closure. But, being able to do so may depend on the payroll process specifically any third parties involved.

HTH!

January 17th, 2017, 2:15 PM |  Posted in: Compensation |
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Jan17

Workplace Injury

I have an employee who cut herself while cutting apples. Am I forced to take care of her pay for the day and am I responsible for her medical bills?

Just about every state requires employers to carry worker’s compensation insurance. Worker’s compensation insurance provides income replacement and/or medical care for workers who are injured or become ill as a direct result of their job. Each state has its own worker’s compensation regulations. Some mandate every employer to provide the insurance while other states may allow exemptions for small businesses. It’s important to know the laws of your state.

Assuming you’re not required to have worker’s compensation insurance and you don’t carry it, the employee may be able to sue you in court to recover any losses she incurred from her injury, including lost wages, medical treatment, and pain and suffering. Typically, a lawsuit occurs when the employer was negligent in some form. In an effort to avoid a lawsuit, some employers will consider paying the employee for the day she missed and her medical bills related to the injury. Of course, the severity of the injury may impact the number of days missed and the amount of medical expenses.

It’s best to fully understand your state’s regulations on worker’s compensation and workplace injuries. Consider contacting your local Department of Labor.

January 17th, 2017, 1:57 PM |  Posted in: Workplace Health & Safety |
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Jan17

Management Resignation

Our manager told the staff and customers she is quitting, but did not tell the GM. She was trying to get the staff to quit and go with her. Can we just accept her resignation immediately without it being in writing? Would this be considered termination or voluntary resignation?

Most employment relationships are at-will. Meaning, either the employer or employee can terminate the relationship without cause or notice. Assuming no contract exists stating otherwise, employers are permitted to accept verbal resignations and prevent an employee from working the rest of the resignation notice period.

Since you know the manager was recruiting employees to work for her at another place of employment, it’s best to end her employment right away. It’ll be hard to trust her at this point. Let her know that you accept her verbal resignation but her last day of work will be today. This is still considered a voluntary resignation since she in fact resigned. You’re just changing the effective date.

It sounds like the manager already has another job so you probably don’t have to worry about her filing for unemployment benefits. But, just in case she does so in the near future it’s best to provide her a letter confirming the acceptance of her verbal resignation and the effective date. Then you’ll have some form of evidence that shows she voluntary resigned.

HTH!

January 17th, 2017, 1:33 PM |  Posted in: Termination |
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Jan17

Sibling FMLA Entitlement

Can siblings working for the same company use 12 weeks of FMLA each or will they be limited to a total of 12 weeks just as a employee and spouse are at the same company? I read your 2009 answer, but I am not sure I understand the difference in siblings and employee and spouse?

The federal Family & Medical Leave Act (FMLA) entitles eligible employees of covered employers up to 12 weeks of unpaid, job protected leave for specified family and medical reasons. The FMLA also entitles an employee to take up to 26 workweeks of FMLA leave in a single 12-month period for military caregiver leave.

When spouses work for the same employer and each spouse is eligible to take FMLA leave, the combined amount of leave entitlement is limited for some, not all, FMLA qualifying reasons. Such reasons include for the birth or placement of a child, bonding time with a newborn or newly placed child, and to care for a parent with a serious health condition.

The combined limitation for spouses who work for the same employer doesn’t apply for FMLA leave taken to care for a spouse or son or daughter with a serious health condition, to care for the employee’s own serious health condition, and any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty.

The FMLA doesn’t limit the amount of leave siblings working for the same employer may use. Thus, each sibling working for the same employer must be able to use his/her full 12-week FMLA leave entitlement regardless of the FMLA qualifying reason.

January 17th, 2017, 1:18 PM |  Posted in: Labor Laws |
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