Free Pennsylvania Labor and Employment FAQs | Free Pennsylvania Labor and Employment Legal Documents

Am I Eligible For Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

The Pennsylvania UC Law establishes various requirements for eligibility for UC benefits. Among them are the following: You must have sufficient qualifying wages and a minimum of 16 credit weeks in your base year. For an Application for Benefits effective October 2001, the corresponding base year would be the period from July 1, 2000 through June 30, 2001. You must have a qualifying separation, verifying that you are out of work through no fault of your own. And, you must be able and available to accept suitable work and not refuse work when offered. UC eligibility cannot be predetermined. You must file your Application for Benefits. Your eligibility will be based on the information provided by you and your employer(s).

Am I Entitled To Holiday Pay?

Tue, 29 May 2007 21:19:00 GMT

Not by law. It depends on your employer's policy regarding the payment of holiday pay. Example: If your employer has a policy to pay holidays and you are required to work on a holiday, you would receive straight time for the hours you worked and then payment according to the employer's policy for the holiday. You could receive straight time for eight hours of work and straight time for eight hours of holiday pay. You are not entitled to overtime pay just because you work a holiday.

Am I Entitled To Sick Leave? Vacation Pay? Severance Pay?

Tue, 29 May 2007 21:19:00 GMT

There is no Pennsylvania labor law which requires an employer to pay an employee not to work. Benefits like sick leave, vacation pay and severance pay are payments to an employee not to be at work. Therefore, an employer only has to pay these benefits if the employer has a policy to pay such benefits or a contract with you to pay these benefits. An employer must follow his/her own rules for these kinds of payments.

Am I Required To Report All Existing Employees?

Tue, 29 May 2007 21:19:00 GMT

No, only employees who were hired/rehired after January 1, 1998, are required to be reported.

Are Salaried Employees Entitled To Overtime?

Tue, 29 May 2007 21:19:00 GMT

Just because you are paid a salary does not mean that you are not entitled to receive overtime. Some employees are exempt from overtime, such as executive, administrative, and professional employees, as well as supervisors who are employed solely to supervise. Your actual daily job duties and what your employment contract states determine if you are eligible for overtime.

Are We Required To Submit A Report If We Do Not Have Any New Hires?

Tue, 29 May 2007 21:19:00 GMT

No, if you have not hired any new employees, it is not necessary for you to submit a report.

Can My Employer Change My Rate Of Pay?

Fri, 28 Mar 2008 19:41:50 GMT

Yes, as long as you are given prior notice of the change the payday before the time the change takes effect. For example, if your normal payday (the day you are paid your wages) is on the 15th of the month, your employer could give you written notice of a change in your rate of pay any day before the 15th. All work done by you for this employer after the 15th would then be at the new rate.

Do I Have To Work Overtime If I Don't Want To?

Tue, 29 May 2007 21:19:00 GMT

Your employer may order you to work overtime. Your employer may discipline or terminate you if you refuse to work overtime. If you are not an exempt employee, your employer must pay you 1 1/2 times your regular rate of pay for hours worked over 40 per week.

Do I Need To Submit A New Hire Report On A Newly Hired Employee Who Quits Before The New Hire Report Is Due?

Tue, 29 May 2007 21:19:00 GMT

Yes, since the employer/employee relationship existed and wages were earned, a New Hire Report should be submitted. However, if the employee never earned wages he/she does not need to be reported.

Does The Department Of Labor & Industry Have To Take My Wage Claim?

Mon, 04 Jun 2007 21:51:22 GMT

No! The Department can refuse to accept your claim for a variety of reasons such as: you do not have a valid or enforceable claim; your employer has filed bankruptcy; or you have waited too long to file your claim.

Does Unemployment Compensation Pay For Job Training Or Retraining While Claim Unemployment Compensation Benefits?

Tue, 29 May 2007 21:19:00 GMT

Currently, there are no provisions under the PA UC Law or Federal TEUC Law for job training programs. A Federallyfunded program, the Trade Adjustment Assistance (TAA) Program, does cover certain workers. The TAA Program provides for training and other benefits (including continuing unemployment benefits while in approved training) for workers whose jobs were affected by imports or job relocation to certain other countries. In order for you to be eligible for this program, workers must be laid off from a company that has a certified petition with the United States Department of Labor (along with other criteria).

Don't I Have To Be Paid For "On-Call" Time?

Wed, 02 Apr 2008 02:57:30 GMT

This is not an easy question to answer. Some oncall time is required to be paid and some is not. When trying to determine if you need to be paid while on call, you need to look at your freedom to pursue your own interests while "on call." If you are required to carry a beeper but are free to pursue your own interests, you would not be required to be paid until you had to respond to a call. If you are required to remain at your employer's place of business and are not allowed to pursue your own interests such as reading, visiting with others, listening to the radio, etc., your employer would be required to pay for this oncall time.

How Long Does It Take To Get My Money?

Tue, 29 May 2007 21:19:00 GMT

If the Department determines that you have a valid wage claim, the time it takes to collect the money from your employer can range from several days to several months. Many things can speed up or slow down the payment of a wage claim. If your records are complete and your employer is cooperative, the process is faster. However, if your records are poor or if your employer is uncooperative, it may take longer.

How Many Employees Must My Employer Have Before S/He Has To Pay Overtime?

Tue, 29 May 2007 21:19:00 GMT

The number of employees has no bearing on the payment of overtime.

How Much Time Do I Have To File A Claim After Termination?

Tue, 29 May 2007 21:19:00 GMT

If you were not paid at least the minimum wage or you were not paid correctly for your overtime hours, you must file a wage claim within two years from the date the work was actually performed. If your wage claim is for straight time wages or other benefits your employer promised to pay, a claim can be brought as many as three years after the work is performed. Since your employer is only required to keep his/her records for a period of three years, it is more difficult for the Department of Labor & Industry to collect your wages as time passes. So you should file a claim as soon as you are aware that you may be owed additional wages.

How Often Do I Have To Submit A New Hire Report?

Tue, 29 May 2007 21:19:00 GMT

All New Hire information must be submitted within 20 days of the date of hire (see definition for Date of Hire).

How Soon After I Quit Do I Have To Be Paid?

Tue, 29 May 2007 21:19:00 GMT

If you quit your job, are laid off, or are fired, your employer must pay you all monies you earned by the next scheduled pay day.

I Am A Pennsylvania Resident Laid Off From A Job In Another State, Where Should I File A Claim For Unemployment Benefits?

Mon, 04 Jun 2007 21:51:22 GMT

If an individual worked only in a state other than Pennsylvania and all of the earnings were reported to the other state, the claim for benefits should be filed against that state.

I Just Gave My Employer Two Weeks' Notice And S/He Fired Me. What Can I Do?

Mon, 04 Jun 2007 21:51:22 GMT

Pennsylvania is an 'AT WILL' State thus an employer does not need to give a reason to fire an employee under Pennsylvania Labor Law. Therefore, s/he has not violated any Wage and Hour law. However, you may wish to check with an attorney to see whether or not you can file a civil lawsuit against your employer for wrongful discharge. Also, if you feel you were discriminated against because of race, creed, color, age, religion, sex, or similar reason, you may wish to contact the Human Relations Commission at 17177879780.

I Was Laid Off Last Month And Didnt File An Application For Benefits Right Away. Can I Get Paid For Those Weeks?

Mon, 04 Jun 2007 21:51:22 GMT

An Application for Benefits is effective the Sunday that begins the week in which you apply for benefits. The Application for Benefits date determines your base year and your benefit year. Claims for unemployment benefits in Pennsylvania are based on a calendar week; that is, seven continuous days beginning with a Sunday and ending with a Saturday of that week. The extent of your unemployment, your earnings and your eligibility status during each calendar week determine whether you are eligible for benefits for that week and the amount of benefits payable to you. Generally, claims for unemployment benefits are filed on a biweekly basis. You will file your biweekly claim when both of the weeks you are filing for have ended. Your biweekly claim must be filed during the Sunday through Friday period of the week immediately following the two weeks you are claiming. The first time for you to file your biweekly claim is when the second week on your claim has ended. You will file your biweekly claim for the first and second weeks of your claim during the third week of your claim. You must continue to meet the eligibility requirements of the Pennsylvania UC Law, until you receive your maximum benefit entitlement or until your benefit year ends. While the Regulations do allow for backdating of an application and claims for benefits, the Regulations permit such backdating in only a very limited number of circumstances. If you have not already done so, please contact the UC Service Center to file an Application for Benefits and provide them the necessary information to make a determination on the missed weeks.

If I Choose To Report Electronically Or Via Fax, Should I Follow-Up With Paper?

Tue, 29 May 2007 21:19:00 GMT

No, if you report electronically, or via fax, there is no need to also send a paper copy of the New Hire report.

If I Lay Off And Then Re-Hire An Employee, Do I Need To Send In Another New Hire Report

Mon, 04 Jun 2007 21:51:22 GMT

Yes, the law requires the reporting of all employees rehired following a lay off. The hire date should be reported as the return to work date.

Is "Comp Time" Legal?

Tue, 29 May 2007 21:19:00 GMT

The short answer is no. Compensatory time off in place of payment for overtime is not legal.

Is New Hire Reporting Mandatory For Every Employer?

Tue, 29 May 2007 21:19:00 GMT

Yes, the federal law mandates that all employers, regardless of size or type of business, comply with the New Hire Reporting requirements.

Isn't The Information Currently Available Through Other Reports Submitted To The Government?

Tue, 29 May 2007 21:19:00 GMT

Employers do submit quarterly wage record reports, however this data is often out of date before the child support office receives the information. There can be as much as a sixmonth lag between the time the data is submitted and when it is available for child support enforcement. With New Hire reporting, the data is available within a significantly shorter period of time. Because the data will be current, noncustodial parents will be located more quickly, allowing child support orders to be established and/or enforced timely.

May I Collect Uc Benefits While Attending School?

Tue, 29 May 2007 21:19:00 GMT

The PA UC Law does not specifically or expressly disqualify you for benefits simply because you are a full or parttime student. Additionally, you will not be ineligible for any week that you are in training approved by the Secretary of the Department of Labor & Industry and are otherwise eligible. However, UC eligibility cannot be predetermined. You must file your Application for Benefits. There is no requirement that you must be available for fulltime or permanent work. Your work history can be fulltime, parttime, or seasonal. However, you must not refuse suitable work when offered. You may also be ineligible if you refuse a referral to a job opportunity. The test for students and nonstudents alike is whether a claimant's limitation on availability effectively removes the claimant from the local labor market. For you to be ruled ineligible, it must be because the particular limitation on your availability is such that a search for employment in the local labor market would have an unreasonable low possibility of success. For example, a claimant must be able and available for the majority of the workweek. The local labor market either does, or does not, have work schedules that can support the time and transportation limitations of students. You may also be ineligible for benefits if you fail to participate in reemployment services to which you have been referred through the claimant profiling system. You may also be ineligible for benefits if you fail to be available to be contacted by the UC Service Center when instructed to do so. It is your responsibility to inform the UC Service Center when you are unavailable for scheduled services. Voluntarily quitting without cause of a necessitous and compelling nature or being discharged due to willful misconduct could also prevent students from collecting benefits.

What Are The Methods Of Reporting?

Tue, 29 May 2007 21:19:00 GMT

Employers may report their new hires by any of the following methods.

W4 Form Date of hire, contact name and contact phone number must be listed separate, signature date is not a valid date of hire. Please make sure you complete all employee and employer information including lines 10 & 12.
New Hire Form
The Internet through a Web page
Diskette, Cartridges, or Magnetic Tape
Email or FTP

What Are The Reporting Requirements For The Following?

Tue, 29 May 2007 21:19:00 GMT

Substitute Teachers Must be reported when initially hired. They must be reported again if the employee is rehired following termination, a lay off, a separation, or a requested leave of absence without pay greater than 30 days.
Teachers on 9 month vs. 12 month pay schedule Teachers must be reported when they are initially hired and only need to be reported again if they are rehired following termination, separation, a lay off, or if they are returning to work following a requested leave of absence without pay greater than 30 days.
Seasonal employees Seasonal employees must only be rereported if they are rehired following termination, a lay off, separation, or a requested leave of absence without pay greater than 30 days.
Farm workers All farm workers who receive compensation must be reported.
An employee returning to work after a lay off The employee must be rereported when they return to work. The hire data should be reported as the return to work date.

What Are The Requirements For Travel Time Pay?

Tue, 29 May 2007 21:19:00 GMT

Under Pennsylvania Law, an employer must pay for travel time if an employee is required to report to the employer's establishment to clock in, load up, etc. and vice versa. If an employee leaves directly from home to the job site or vice versa it is not paid time.

What Can Be Deducted From My Paycheck?

Tue, 29 May 2007 21:19:00 GMT

If you have borrowed money from a third party, you can give the employer written permission to deduct payments from your earnings. If your employer has loaned you funds, s/he can deduct the amount from your earnings as long as you have given written authorization. Of course, normal tax deductions must be made. The thing to remember regarding deductions from your paycheck is that you must give written authorization to your employer to make such nontax related deductions. It is not valid to sign a "blanket" authorization at the time of hire to cover any future deductions. Further, as a rule, deductions cannot reduce your gross pay below minimum wage, and the deductions must be to the benefit of the employee.

What Information Is Required To Be Reported?

Tue, 29 May 2007 21:19:00 GMT

Employer, Employee, FEIN Name, Address, Social Security Number, Contact Name, Date of Hire, Contact Phone Number, Date of Birth (optional). *MultiState employers must report state of hire.

What Is Acceptable For The Employer Address, Contact Name And Phone Number?

Tue, 29 May 2007 21:19:00 GMT

The employer address should be the legal physical or mailing address for the employer associated with the FEIN. If a payroll service or other third party is reporting for you, please request that they report your address and not their own. The contact name and phone number should be someone who can answer questions about the New Hire Report. If appropriate, it may be a contact at the payroll service or third party organization.

What Is New Hire Reporting And What Will Be Done With The Information?

Tue, 29 May 2007 21:19:00 GMT

New Hire Reporting is a process by which you, as an employer, report information on all employees hired on or after January 1, 1998. Pennsylvania will match New Hire Reports against our child support records to locate noncustodial parents, establish child support orders, or enforce existing orders. Pennsylvania will also transmit the data to the National Directory of New Hires to match against child support orders from other states.

What Is The Difference Between Full-Time, Part-Time And Temporary Employees?

Tue, 29 May 2007 21:19:00 GMT

The Law makes no distinction between fulltime, parttime and temporary employees. Some employers who provide benefits to full time workers may not provide the same benefits to their parttime or temporary employees. If you are not a full time employee and you want to know if you are entitled to benefits, you will need to discuss this with your employer, as s/he should have set guidelines to establish who qualifies for benefits and who does not.

What Is The Law Regarding Breaks And Meal Periods?

Tue, 29 May 2007 21:19:00 GMT

Pennsylvania employers 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. If your employer allows breaks, and they last less than 20 minutes, you must be paid for the break. If your employer allows meal periods, the employer is not required to pay you for your meal period if you do not work during your meal period and it lasts more than 20 minutes.

What Is The Law Regarding Overtime?

Tue, 29 May 2007 21:19:00 GMT

Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. Overtime compensation is 1 1/2 times the employee's straight time rate of pay. Other employees may be overtime exempt because they may fall into one or more other exemptions.

What Kind Of Information Is My Employer Supposed To Put On My Pay Stub?

Tue, 29 May 2007 21:19:00 GMT

Your employer must give you a paystub each pay period which explains how long you worked, how much money you earned and how much money you were paid. The stub must include the number of hours you actually worked; your rate of pay; your gross wages; your deductions for taxes; and other deductions you have authorized your employer to make. The paystub also has to state the beginning and ending dates of the pay period.

What is the minimum wage in Pennsylvania?

Mon, 09 Jun 2008 00:09:51 GMT

Minimum wage in Pennsylvania is presently $7.15 per hour.

Who Can Help Me Search For The Right Training Program And Help Pay For It?

Tue, 29 May 2007 21:19:00 GMT

There may be funded training available to you through the Workforce Investment Act which is available through the Team Pennsylvania CareerLink system of employment and training services in Pennsylvania. Team Pennsylvania CareerLink can be a tremendous asset in achieving your employment goals. CareerLink offers a wide variety of employment and training services across the Commonwealth. As a customer, you have the choice of doing your own employment search or getting the assistance of trained staff to aid in your search. With CareerLink, you can make your resume available to thousands of employers while searching the extensive job listings. You can also gather valuable information on educational, training or rehabilitative services that may be available to you. Furthermore, the Pennsylvania Higher Education Assistance Agency (PHEAA), offers a variety of special programs, state grants and educational loans to help individuals access higher education.

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