Employment

The right to fair compensation and equal treatment in employment are essential to the success of working people.

 

At CJP, we help protect these rights by making sure that employment laws are followed by employers regardless of who they employ. We fight against wage theft, discrimination, and illegal firing.

Some recent areas of litigation include:

Minimum Wage and Overtime Pay
 

Most employees, other than agricultural workers, must be paid time and one half overtime pay for hours they work over forty in a workweek and must be paid the minimum wage set by both state and federal law. Time and one half is due if the workers are paid by the hour, by “contract,” by the day, by piece rate, with bonus pay, by commission, and sometimes when workers are paid a salary.​
 

Contreras, et al., v. John DeMarco Landscaping, Inc. (C.P. Berks Co.)

Zavala v. David Stitz Building and Painting, LLC, et al. (C.P. Chester Co.)

Sanchez et al. v Montero (Bankruptcy Ct. W.D. Pa.)

 

Misclassification of employment status

Employers often say their workers are “contractors” or “subcontractors” when legally the workers do not have independent businesses. The employers sometimes make the workers sign contracts saying the workers are not employees. This practice is usually illegal and takes away workers’ rights to the minimum wage, overtime pay, unemployment compensation coverage, the employers’ contribution to Social Security, and workers’ compensation coverage.

​Pioquinto et al v. Solano (C.P. Allegheny Co.)

Watson et al. v. Prestige Delivery Services and NICA (C.P. Allegheny Co.)
 

Payment Due Under Contract

Where workers work under a contract to perform construction work on property, they have the right to file a mechanic’s lien and a lawsuit to collect from the property owner. Filing such liens usually causes the property owner to make the general contractor pay the wages owed.

 

Arellano v. Shub Hotels (C.P. Allegheny Co.)

Laghezza v. Shub Hotels (C.P. Allegheny Co.)

 

Rights of Displaced Workers
 

Workers who lose their jobs due to competition from foreign businesses have the right to be re-trained and to get unemployment benefits and other benefits that help them get new jobs.

Hampe, et al v. Secretary of Department of Labor and Industry and Department of Labor (Pa. Cmwlth. Ct.).​​

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