Advetorial
Keeping An Eye On Pennsylvania
Employment Laws
By Joseph Sileo, Esq. — McNees Wallace & Nurick LLC
The workplace and employer-employee relationship are highly
regulated and fraught with landmines that if not avoided
can result in significant potential liability. Maintaining legal
compliance in connection with employment law obligations can
be challenging for any employer, particularly considering the
complex web of applicable laws and regulations. To be effective
and minimize the risk of liability, employers, human resource
professionals and lawyers who advise employers must be well
informed of and stay current with applicable laws.
Many federal employment laws are well known to both
employers and employees, such as Title VII, the Americans with
Disabilities Act (ADA), and the Family and Medical Leave Act
(FMLA). However, Pennsylvania also has various state-specific
employment laws, as do all other states.
Pennsylvania employers must comply with both federal and
applicable Pennsylvania state laws. Likewise, employers with
operations/facilities in multiple states must comply with federal
and all applicable various state laws.
In light of overlapping
federal and state regulations,
it would be unwise for an employer
to overlook state law and focus exclusively or
primarily on federal employment law compliance. One
reason for this is that state law may impose more significant
or different compliance obligations as compared to federal law.
Accordingly, ignoring or insufficient knowledge of Pennsylvania
employment laws can result in significant unanticipated liability
for the uninformed employer. This is sometimes referred to this
as the “State Law Trap.”
To avoid the State Law Trap, all Pennsylvania employers, HR
professionals and employment attorneys should have a good
working knowledge of Pennsylvania specific employment laws.
Examples include, among others, Pennsylvania’s Minimum Wage
Act (PMWA), the Pennsylvania Human Relations Act (PHRA),
the Wage Payment and Collection Law (WPCL), Inspection
of Employment Records Law, and Criminal Records History
Information Act.
Business Breakfast Briefing
www.scrantonchamber.com • 11