Discrimination, harassment, and retaliation Learn about the federal and state laws that protect you from unfair and unwelcome treatment at work. And it seems like were not. 14, 2022by It has been decades since the federal government has passed multiple laws aimed at protecting workers. How long is marijuana use detectable in a drug test? That led the companys president to flag his marijuana use as a public safety issue and issue him an ultimatum: pass a drug test or lose his job. ALL Pennsylvania Employment And Labor Laws | PA Labor Laws This website is not affiliated with any government organization or trademarked product. This excludes testing of employees in positions with federal drug-testing requirements. Copyright © 2016 Employment Law Help Center. Wrongful Termination Laws In Pennsylvania | Employment Law Help The only employers required to offer breaks to employees in Pennsylvania are those who hire seasonal farmworkers. Spotlight PA is different. Employees are protected by law from retaliation if they make a complaint about the harassment. But restrictions on other workers such as those working at heights or in confined spaces are more vague.The law also allows employers to prevent workers from performing any duty which could result in a public health or safety risk while under the influence of medical marijuana, a provision that can be interpreted many ways.And while the law states that employers cant discriminate against an employee solely on the basis of such employees status as an individual who is certified to use medical marijuana, Spotlight PA has found that protection has significant limits.Pennsylvanias law doesnt specifically address the rights of patients to use the drug when they arent at work, and unlike some other states, it doesnt include protections for them if they fail a drug test but are not impaired.[The law] kind of gives with one hand and takes it away with the other hand, said Judith Cassel, a Harrisburg attorney who specializes in cannabis issues. Furthermore, if the employee has a written employment contract promising job security, or an implied contract based on clear oral promises or statements in an employee handbook, the employee is not considered at will. Ct. Aug. 5, 2021). Snare replied that she appreciated his honesty, respected the years and hard work he gave the company, and believed him when he said he didnt use the drug on the job.However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. However, Pennsylvania employment law requires that you first file a complaint with the Pennsylvania Human Relations Commission, which enforces that states laws prohibiting discrimination in the workplace. Everyone deserves access to the facts. Mayo Clinic Laboratories estimates that urine drug tests, the most common type, will detect marijuana use for about three to 30 days, depending on how frequently the person used cannabis.How long are people impaired from cannabis?That varies, too, but studies related to driving and cognition have shown that occasional recreational users return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana, according to a 2015 report from two occupational health groups.Is there a standard definition of impairment for cannabis?No. These laws protect against discrimination and ensure that employers pay overtime pay and minimum wage, among several other aspects of employment. What is Pennsylvania's law regarding the dismissal/termination of employees? I am sorry but as of now, you no longer work for us.Clark later found a job at another business. They said he was told he could return to work in a position that would not require him to operate power equipment.The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. We shouldnt be limited. In August 2020, Clark sent an email to the owner and president of the company, Shannon Snare, asking about the workplace policy for medical marijuana. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case. Pennsylvania Appeals Court Determines State's Medical Marijuana Act Federal law does not require any breaks be offered to employees. This excludes testing of employees in positions with federal drug-testing requirements. What is the Law Regarding Overtime? PENNSYLVANIA Employment And Labor Laws | PN Leave Laws While on military leave, employees in Pennsylvania are allowed to continue receiving health insurance benefits for at least 30 days at no cost. Save time! Many have been settled before a judge could rule on the merits of the case.Employers and workers alike have asked for greater clarity but the legislature and governor have so far failed to explicitly outline the rights of scores of employers and workers.It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA.Some jobs are specifically regulated by state and federal drug testing rules, but most fall into a gray area that leaves the interpretation of the rules up to employers and the courts. For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule. Was this document helpful? Palmiter v. Commonwealth Health Sys., Inc., No. He doesnt work on live gas, has never used marijuana at work, and has never shown up to work high, he told Spotlight PA.After a random drug test in November indicated he had used marijuana, Douglas said the company reassigned him and forced him to attend outpatient addiction treatment therapy. A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. Bedding and Upholstery Law. Join thousands of your friends and neighbors by stepping up and letting us know you value quality, nonpartisan journalism that gets results for Pennsylvania. This law protects employees from wrongful termination as a form of discrimination. Likewise, an employee who has quit is entitled to his or her final paycheck on or before the next regularly scheduled pay date. The Investigator (Weekly): Best accountability 1. Both Pennsylvania and the federal Fair Labor Standards Act (FLSA) have set standards for wages and hours. Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. Employers must hold their job for when they return, and cannot discriminate against workers for their military service. Jack Lehr Electric declined to comment for this story, through an attorney. Depending on the individual situation, COBRA benefits can be kept for 18 or 36 months. Will you do your part today by making a contribution?As a special bonus, all new monthly gifts will be matched at their annual value thats 12x your gift!Join thousands of your friends and neighbors by stepping up and letting us know you value quality, nonpartisan journalism that gets results for Pennsylvania. At No Cost! Employees who receive tips as part of their overall compensation can by law receive a lower minimum wage. Get The 2023 Pennsylvania HR Law Reference Guide (Printable PDF) today! Discharge/Termination: The employment relationship is involuntarily severed by the commonwealth for reasons other than lack of funds or work. All rights reserved. Severance pay is not legally mandated in Pennsylvania and employers do not have to offer it to employees. Substance-Free Workplace Brochure Policies Executive Order 1996-13 Commonwealth of Pennsylvania's Policy on Substance Abuse in the Workplace Phila. PA Employment Lawyers, Wrongful Termination, Discrimination Termination What is the Minimum Wage in Pennsylvania? Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. A Pennsylvania Supreme Court decision could offer clarity, but McCreary said the best way to resolve the issue is for the legislature to tell us what it meant.. Show moreKey PointsVague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug.Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit.More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. Still, the future of the legislation is unclear.For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule.A Pennsylvania Supreme Court decision could offer clarity, but McCreary said the best way to resolve the issue is for the legislature to tell us what it meant.BEFORE YOU GO, A QUICK REQUESTI hope you appreciated this article. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Laying Off or Firing Employees When your business requires employees, you have to be prepared for lay-offs and terminations, as well as hiring and recruitment. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. Termination of Elections 907 193 Section 1108. They took what was a bright line rule and they completely muddied it up in a way that nobody can really make any sense out of, McCreary said of lawmakers. In addition, both Pennsylvania and federal labor law require all companies allow at least unpaid breaks for employees who are breast-feeding, as needed. The U.S. Department of Transportation, for instance, says pilots, school bus drivers, truck drivers, train engineers, ship captains all deemed safety-sensitive employees fall under its drug testing requirements and cant use the drug. He doesnt work on live gas, has never used marijuana at work, and has never shown up to work high, he told Spotlight PA. After a random drug test in November indicated he had used marijuana, Douglas said the company reassigned him and forced him to attend outpatient addiction treatment therapy. Pennsylvania law requires an employer to pay employees at least twice a month, on or before the 15th and the last day of . This SeriesHealth officials in Pa. face scrutiny over weak oversight of medical marijuana doctorsA behind-the-scenes look at Spotlight PAs analysis of 1 million medical marijuana certificationsHow anxiety came to dominate the big business of medical marijuana cards in PennsylvaniaPa. However, under Pennsylvania law, if an employer fires an employee for discriminatory reasons, in retaliation for exercising his or her employee rights, or in violation of an employment contract, the employee may have a legal claim against the employer for wrongful termination. This is the first binding opinion in Pennsylvania establishing an MMA private right of action. Reasonable bathroom breaks are required to be given to all employees, under both Pennsylvania law and the Occupational Safety and Health Administration. As an employer, it is therefore wise to familiarize yourself beforehand with the basics of Pennsylvania employment law. Before you move on, I was hoping you would consider supporting Spotlight PAs journalism.This article and all of our journalism are available to you at no cost thanks to our supporters. The majority of companies allow for rest and meal breaks, however, because this improves morale and productivity. And it also enables us to share that work with more than 90 newsroom partners in your community and communities across the state at no charge.From giant corporations to predatory hedge funds, a small number of billionaire owners have a powerful hold on so much of the information that reaches the public about whats happening here. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. Pennsylvania law applies to employers with four or more employees (15 or more employees under federal law); Pennsylvania employment discrimination laws include individual liability for. The bill passed out of committee on a party-line vote with all Republicans in favor. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case.A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story.A dispute over federal rulesMarijuana is still illegal at the federal level, which can create additional complications for some industries. Every case is different and services available will vary depending on state. What may be recovered in a Pennsylvania wrongful termination lawsuit They think they have a card and they are protected, like I did.. 155 (Pa. Super. But he didnt want to stop using marijuana. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Moyer said he had a medical marijuana card at the time.I felt betrayed, he told Spotlight PA.When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. Pennsylvania Employment Laws - FindLaw They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit. Substance Abuse in the Workplace - PA.Gov In addition, seniority and other employment benefits cannot be lost because of serving on a jury. For example, it is a violation of PA employment law for an employer to fire an employee because of his or her race, age or religion, or retaliate against an employee for asserting his or her rights, i.e. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. According to federal law, all employers throughout the country are required to pay employees for all worked hours. Equal Employment Opportunity (EEO) Prohibits specific types of employment discrimination. He said several of the conditions that qualify people for medical marijuana cancer, anxiety, post-traumatic stress disorder, and severe chronic pain are conditions that firefighters get as a result of things that happen on the job., I have had firefighters tell me that its changed their life dramatically, Leech said. This is currently set at $2.83 per hour for Pennsylvania. Everyone deserves access to the facts.Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news.Thats why we need your help now.Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. They require a variety of information and reporting on welfare benefits and pension plans, including: Any company offering these plans is required to use an insurance system to fund and protect different types of benefits for retirement. Laws in Arizona, Minnesota, and Delaware, for instance, say employers cant discriminate against patients based solely on a positive drug test for marijuana metabolites or components. Personnel and Employment Offices 762 29 Section 202.1. Taxpaying medical marijuana cardholders are finding really no safe harbor on the job, which should be guaranteed under existing Pennsylvania law, Todd Eachus, a member of the pro-cannabis legalization group Perfectly Normal, told lawmakers last year. For the more than 400,000 medical marijuana patients in the state, the stakes are high. Pennsylvania labor laws are legislation to protect employees from unfair or unjust treatment when working in the state. Eligible individuals receive a percentage of their previous hourly or salary pay for up to a total of 26 weeks. New Jersey Office of the Attorney General, Rare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cards, How we tracked workplace lawsuits involving Pa.s medical marijuana law, A complete guide to Spotlight PAs investigations of Pennsylvanias flawed medical marijuana program. They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit.A worker from Mifflin County lost his job directing traffic after he asked for information on his companys medical marijuana policy, a conversation in which he voluntarily revealed that he used the drug outside of work. The number of urine drug screens in Pennsylvania that included marijuana dropped from nearly 99% in 2017 to 88% in 2021, according to workforce data from Quest Diagnostics. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. Wage FAQs - Department of Labor & Industry UpCounsel accepts only the top 5 percent of lawyers to its site. However, an employer may be liable for wrongful discharge if the termination violates public policy. 717-787-6848. An employee has the right to review a personnel file if maintained by the employer, any application for employment, wage or salary information, notices of commendations, warnings or discipline administered, authorization for a deduction or withholding of pay or fringe benefits, leave records, employment history including salary information, job . As a special bonus, all new monthly gifts will be matched at their annual value thats 12x your gift! Christopher Baxter The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers. Boiler and Unfired Pressure Vessel Law. PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW ----- ----- What is Wrongful Termination? The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. He started working for the company in 2013, and an email exchange included as an exhibit in the case shows how he lost his job. Unemployment Compensation Service Centers . The law also allows employers to prevent workers from performing any duty which could result in a public health or safety risk while under the influence of medical marijuana, a provision that can be interpreted many ways. However, protections do still apply for at-will employees. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies such as Google, Menlo Ventures, and Airbnb. Being able to have this safe, effective treatment I think has actually made them better firefighters and made our job safer.In Harrisburg, negotiations over employment protections have been lengthy and challenging, state Sen. Michele Brooks (R., Mercer) said during a committee hearing earlier this year.State Sen. Bob Mensch (R., Montgomery) introduced legislation in June 2021 that would specifically allow employers to place marijuana restrictions on people who work in several newly defined safety-sensitive positions, including anyone performing firefighting duties, dispensing pharmaceuticals, caring for a patient or child, or operating a motor vehicle. Employees cannot be terminated or treated differently due to a medical condition, disability or for refusing to take a polygraph test. 2. After employees lose their job, they can run into other problems. This article and all of our journalism are available to you at no cost thanks to our supporters. While state law protects workers from being fired or denied a job just for having a doctors permission to use marijuana, those protections become opaque when people actually take the drug regardless of whether they do it in their personal time. 2022But the fight still wasnt over.His former employer sued the unemployment board in Commonwealth Court, arguing that Moyer shouldnt be eligible because he violated the companys drug policy and his marijuana use created a safety risk. Spotlight PA relies on funding from People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. report from the National Institute on Drug Abuse. These employees get, by law, at minimum a 30-minute meal break. 2022, His former employer sued the unemployment board in Commonwealth Court, arguing that Moyer shouldnt be eligible because he violated the companys drug policy and his marijuana use created a safety risk. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.The bill passed out of committee on a party-line vote with all Republicans in favor. Employees who are concerned about the safety of their workspace can request an inspection from the Occupational Safety and Health Administration (OSHA). Overtime compensation is 1-1/2 times the employee's straight time rate of pay. (Steven M. Falk of The Philadelphia Inquirer)It helps with pain. foundations and readers like you My confidence is still shattered, Clark said in an interview. Employers are required to follow these laws, which include protections for overtime, minimum wage, and other wage related issues. What is the difference between a Right-To-Work state and a Non-Right-To-Work state such as Pennsylvania? In Pennsylvania, it is against the law for employers with at least four employees to discharge an employee based on the following protected characteristics: Color Race Sex National origin Pregnancy Ancestry Age (for employees between the ages of 40 and 70) Religion Disability Use of a service animal Relationship with a disabled person