Jan 14, 2022 | Overtime & Wages
Wage & Hour Investigation On Behalf Of Warehouse Workers In Pennsylvania Who Have Not Been Paid For Spending Time In Security Screenings Before Or After A Work Shift
If you have been a Warehouse Worker employed in Pennsylvania who has been required to spend time going through security screenings before or after your work shift, you may have a claim for unpaid wages for “off-the-clock” time going through security screenings required by your employer.
In regards to warehouse workers, employees should be aware that Amazon was recently ordered by the Pennsylvania Supreme Court to pay its warehouse workers for time spent in security screenings.
Workers at Amazon Fulfillment Centers in Pennsylvania are required to go through security screenings after they clock out at the end of the workday. This is done as a precautionary measure by the company to minimize losses due to employee theft. Such security screenings are solely done for the benefit of the company. Despite the extensive amount of time spent in security screenings, Amazon never paid their employees for this time. But in 2013, two Amazon employees at the company’s Breinigsville, PA warehouse filed a class action lawsuit seeking compensation for the time they spent waiting in line to have their bags searched.
Eventually, the class action reached the Pennsylvania Supreme Court, which ruled that this practice violates the Pennsylvania Minimum Wage Act. Specifically, the Pennsylvania Supreme Court determined that under the Pennsylvania Minimum Wage Act, the phrase “hours worked” includes “any time when an employee is required by the employer to be on the premises of the employer.” Further, there is no exception for “de minimis” amounts of time under the Act.
The Court’s holding in the Amazon case that time spent in security checks is compensable is not only important for Amazon employees in Pennsylvania, it also is significant for any worker in Pennsylvania who has been required by his or her employer to spend time off-the-clock going through security screenings.
Warehouse Workers in Pennsylvania who have not been compensated for pre- and post-shift security screenings are encouraged to contact Kehoe Law Firm, P.C., Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], to learn more about the wage and hour investigation and potential legal claims.
Jan 14, 2022 | Overtime & Wages, Uncategorized
Pennsylvania’s Minimum Wage
The minimum wage in Pennsylvania is $7.25 per hour.
Overtime
Most employees in Pennsylvania must be paid overtime compensation for any hours they work over 40 straight time hours per week. Overtime compensation is one and one-half 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.
Compensatory Time (“Comp Time”)
Compensatory time off instead of payment for overtime is not legal.
Required Number Of Employees Before Overtime Has To Be Paid
The number of employees has no bearing on the payment of overtime. It may, however, impact the minimum wage rate.
Requirement To Work Overtime
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. Collective bargaining agreements, however, may specifically govern this issue.
Salaried Employees & Overtime
Being 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.
Holiday Pay
Holiday pay is not required by law. Holiday pay depends on your employer’s policy regarding the payment of holiday pay. For 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.
Sick Leave, Vacation Pay & Severance Pay
There is no Pennsylvania labor law which requires an employer to pay an employee not to work. Benefits, such as sick leave, vacation pay, and severance pay, are payments to an employee not to be at work. Therefore, an employer has to pay these benefits only if the employer has a policy to pay such benefits or a contract with you to pay these benefits. An employer must follow its own rules for these kinds of payments. There may also be federal requirements governing leave that has to be provided under the Americans with Disabilities Act and Family Medical Leave Act.
“On-Call” Time
Some on-call 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 or listening to the radio, your employer would be required to pay for this on-call time.
Breaks & Meal Periods
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. A collective bargaining agreement may also govern this issue.
Information An Employer Is Supposed To Place On A Pay Stub
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.
Difference Between Full-Time, Part-time & Temporary Employees
Except for delayed implementation of new minimum wage rates, the Minimum Wage Act makes no distinction between full-time, part-time and temporary employees. Some employers who provide benefits to full-time workers may not provide the same benefits to their part-time 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. An employer should have set guidelines to establish who qualifies for benefits and who does not. For information on delayed implementation of the new minimum wage rates for smaller employers, please click here for complete details on Pennsylvania’s new minimum wage requirements.
Travel Time Pay
Under Pennsylvania law, an employer must pay for travel time if an employee is required to report to the employer’s establishment, for example, to clock in or load up. If an employee leaves directly from home to the job site or vice versa it is not paid time.
Source: Pennsylvania Department of Labor & Industry (Last Accessed 1/14/2022).
If you believe you have been a victim of employer wage and hour violations, please complete the form above on the right, e-mail [email protected], or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], for a free, no-obligation evaluation of potential legal claims.
Jan 14, 2022 | Blog, Consumer Protection
The Consumer Financial Protection Bureau (“CFPB”) has released a bulletin reminding debt collectors and credit bureaus of their legal obligations in light of the “No Surprises Act,” which protects consumers from certain unexpected medical bills.
Companies that try to collect on medical bills that are prohibited by the No Surprises Act, or who furnish information to credit bureaus about such invalid debts, may face significant legal liability under the Fair Debt Collection Practices Act (“FDCPA”) and the Fair Credit Reporting Act (“FCRA”).
The CFPB’s bulletin advises credit bureaus that the accuracy and dispute obligations imposed by the FCRA apply with respect to debts stemming from charges that exceed the amount permitted by the No Surprises Act.
The CFPB will investigate claims and take action against companies that attempt to collect or report or furnish consumer information about debts stemming from charges that exceed the amounts permitted under the No Surprises Act.
The bulletin released on January 13, 2022 by the CFPB includes the following reminders to debt collectors, information furnishers, and credit bureaus:
Consumer financial protection law prohibits debt collectors from misrepresenting the character, amount, or legal status of any debt. This prohibition includes misrepresenting that a consumer must pay a debt stemming from a charge that exceeds the amount permitted by the No Surprises Act. In addition, debt collectors are also prohibited from using unfair or unconscionable means to collect or attempt to collect any debt, including the collection of any amount unless such amount is expressly authorized by the agreement creating the debt or permitted by law. Courts have emphasized that collecting an amount that exceeds what is owed would violate the prohibition on unfair or unconscionable debt collection practices.
Many debt collectors furnish information about unpaid medical debts to credit bureaus. Furnishers must have reasonable written policies and procedures regarding the accuracy and integrity of consumer information provided to credit bureaus. Credit bureaus preparing a consumer report must follow reasonable procedures to assure the maximum possible accuracy of information contained in the consumer report. Both credit bureaus and furnishers must conduct reasonable and timely investigations of consumer disputes to verify the accuracy of consumer information.
For furnishers and credit bureaus, the accuracy and dispute obligations imposed by federal consumer financial protection law apply with respect to debts stemming from charges that exceed the amount permitted by the No Surprises Act.
Source: Consumer Financial Protection Bureau
Consumers who believe they are victims of illegal debt collection or credit reporting practices are encouraged to contact Kehoe Law Firm, P.C. by completing the form above on the right or via [email protected] for a free, no-obligation evaluation of potential legal claims.
Jan 14, 2022 | Data Breach
CTH learned it was the subject of a cybersecurity incident occurring from August 11 to September 10, 2021. On September 10, 2021 the unauthorized individuals deployed malware causing the encryption of a number of network drives and backups. The data elements involved may have included a name, address, or Social Security Number.
Entira, along with thousands of other healthcare entities, retained Netgain for online hosting of its environment, including cloud services and e-mail. Netgain was recently the target of a cybersecurity incident. Entira has determined that information, including name, address, social security number and medical history, were accessed by an unknown party that is not authorized to handle or view such information.
On August 14, 2021, Memorial Health System identified the presence of malware on certain servers in its environment. MHS determined that in connection with the malware event, an unauthorized actor accessed certain systems within its network on or about July 10 through August 15, 2021. On or about September 17, 2021, MHS determined the unauthorized actor may have accessed or acquired information from systems potentially containing patient information. The information that could have been subject to unauthorized access includes name, address, Social Security number, medical/treatment information, and health insurance information.
Source: Office of The Maine Attorney General, Data Breach Notifications.
Have You Been Impacted by A Data Breach?
Data breach victims harmed as the result of the illegal or unauthorized use of their personal information are encouraged to complete the form above on the right or e-mail [email protected] for a free, no-obligation evaluation of potential legal claims.
Jan 14, 2022 | Car Problems Car Complaints
Hyundai Santa Fe (2016-2018) / Hyundai Santa Fe Sport (2017-2018) / Hyundai Santa Fe XL (2019) / Hyundai Tucson (2014-2015)
Anti-Lock Brake System (“ABS”) unit may cause engine compartment fire. An engine compartment fire while parked or driving can increase the risk of injury. Hyundai Motor America (“Hyundai”) is recalling certain 2016-2018 Santa Fe, 2017-2018 Santa Fe Sport, 2019 Santa Fe XL, and 2014-2015 Tucson vehicles. The ABS module could malfunction and cause an electrical short, which could result in an engine compartment fire. For more information about this recall, which potentially affects 357,830 Hyundai vehicles, please click NHTSA Campaign Number: 22V056000.
Hyundai Elantra (2021) / Hyundai Santa Fe (2020-2021) / Hyundai Sonata (2021)
Inadequate windshield bonding. A windshield that detaches from a vehicle during a crash can increase the risk of injury. Hyundai Motor America (Hyundai) is recalling certain 2020-2021 Santa Fe, 2021 Sonata, and Elantra vehicles. During manufacturing, the windshield may not have been properly bonded to the vehicle, allowing it to detach in a crash. For additional information about this recall, which potentially affects 26,413 Hyundai vehicles, please click NHTSA Campaign Number: 21V00M000.
How Do You Know If Your Vehicle Has Been Recalled?
Your vehicle MAY be involved in a safety recall which MAY create a safety risk for you or your passengers. If not repaired, a potential safety defect could lead to injury or even death. Safety defects must be repaired by a dealer at no cost to you. To find out if your vehicle is included in the recall, please use the NHTSA’s VIN Look-up Tool.
What Is A Vehicle Recall?
When a manufacturer or the NHTSA determines that a vehicle creates an unreasonable risk to safety or fails to meet minimum safety standards, the manufacturer is required to fix that vehicle at no cost to the owner. The fix, or repair, can be accomplished by repairing, replacing, offering a refund (for equipment) or, in rare cases, repurchasing the car/vehicle.
What Should I Do If My Vehicle Is Included In This Recall?
If your vehicle is included in a specific recall, it is very important that you get it fixed as soon as possible given the potential danger to you and your passengers if it is not addressed. You should receive a separate letter in the mail from the vehicle manufacturer, notifying you of the recall and explaining when the remedy will be available, whom to contact to repair your vehicle, and to remind you that the repair will be done at no charge to you. If you believe your vehicle is included in the recall, but you do not receive a letter in the mail from the vehicle manufacturer, please call NHTSA’s Vehicle Safety Hotline at 1-888-327-4236, or contact your vehicle manufacturer or dealership.
For additional information about vehicle recalls, please click Vehicle Recall FAQs.
Source: U.S. Department of Transportation, National Highway Traffic Safety Administration
VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO COMPLETE THE FORM ABOVE ON THE RIGHT OR CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.
