Labor & Employment

Pennsylvania Labor & Employment Lawyers

There are a number of federal and state laws that govern the world of work. Ignorance of these laws – or of basic workers’ rights – can sometimes result in an employee being treated or paid unfairly.

Watch attorney Gerald Williams on The American Law Journal television program on wage and hour issues, broadcast on the Philadelphia CNN-News affiliate WFMZ-TV. 

The program aired December 14, 2015. 

“Employment law leans in the direction of the employer, and discrimination/retaliation can be tricky to prove. Often we have to look at history and patterns, third-party intervention, documents, and the like. But as long as you have enough evidence for a summary judgment, you’re in a better position to negotiate.” 
-Christopher Markos


WAGE AND HOUR

Most employees have the right to overtime compensation (generally one-and-a-half times their hourly wages) when they work more than 8 hours in a day, and exceed 40 hours per week. They are also entitled to accrued vacation time or any other outstanding benefits at the time they terminate their employment with a particular company or organization. And these rights are guaranteed, regardless of whether the employee belongs to a union. They are enforced under federal laws including the Fair Labor Standards Act (FLSA) and state laws including Pennsylvania’s Wage Payment and Collection Law and the New Jersey Wage and Hour Law.

Unscrupulous employers may attempt to evade overtime or other legal obligations by “exempting” them through designations such as ‘professional’, ‘salaried’ or ‘executive’. Many workers have been deprived of rightful payments – sometimes for years – by this very tactic.

Williams Cuker Berezofsky has successfully litigated wage and hour employment disputes for both individuals and groups (class action cases), with settlements for lost wages, penalties and attorneys’ fees.

FEDERAL EMPLOYERS LIABILITY ACT (F.E.L.A.)

Since 1906, the Federal Employers Liability Act has protected the rights of railroad workers injured on the job, when those injuries resulted from the negligence of the railroad or any of its agents.

Compensation in these cases is governed by a number of factors, including:

  • Ability to return to work with the railroad
  • Degree of negligence by the railroad and/or its agents
  • Degree of personal responsibility (carelessness on the part of the injured employee) for the accident
  • Seriousness of the injury
  • Length and extent of medical treatment/rehabilitation
  • Lost wages
  • Permanence of injury/disability

Many workers make the mistake of assuming they are entitled only to lost wages. But, depending on the circumstances, workers can potentially recover for past, present and future pain and suffering as well as past, present and future wage loss. Every case is different.

For more information about how the experienced Pennsylvania labor & employment lawyers at Williams Cuker Berezofsky can assist you, call  215-557-0099 or 856-667-0500, or contact us online. We offer free consultations and represent clients in Pennsylvania, New Jersey and across the country.

“The potential for serious injury exists in the maritime and the rail industries, and yet most accidents are the result of very mundane, seemingly minor incidents. Even a blown fuse, for instance, could cause a train crash.”
-Sam Abloeser