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    <title type="text">Hardin Thompson PC</title>
    <subtitle type="text">Hardin Thompson PC</subtitle>

    <updated>2026-06-04T04:35:52Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Hardin Thompson PC</name>
				            </author>
            <title type="html"><![CDATA[Addressing the bossware boom: What can employers monitor?]]></title>
            <link rel="alternate" type="text/html" href="https://www.hardinlawpc.com/blog/2026/04/addressing-the-bossware-boom-what-can-employers-monitor/" />
            <id>https://www.hardinlawpc.com/?p=52243</id>
            <updated>2026-04-30T23:41:34Z</updated>
            <published>2026-04-30T23:41:34Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Many people operate under the assumption that businesses may monitor their activity online or while using personal mobile devices. They may also be aware that their employers are likely to monitor them while they are on the job. The rise of “bossware” in recent years has created a very challenging workplace environment. Employers may engage in a number of tactics…]]></summary>
			                <content type="html" xml:base="https://www.hardinlawpc.com/blog/2026/04/addressing-the-bossware-boom-what-can-employers-monitor/"><![CDATA[Many people operate under the assumption that businesses may monitor their activity online or while using personal mobile devices. They may also be aware that their employers are likely to monitor them while they are on the job.

The rise of “bossware” in recent years has created a very challenging workplace environment. Employers may engage in a number of tactics to monitor workers and build cases against them. Workers need to understand what their employers can and cannot do when attempting to monitor their workplace conduct.
<h2>What tactics are common?</h2>
Employers may use a variety of different electronic systems and specialized programs to monitor their workers. These include, but are not limited to:
<ul>
 	<li>Keystroke logging software</li>
 	<li>Screenshots</li>
 	<li>Installing GPS in devices and vehicles</li>
 	<li>Assessing Slack and Team conversations</li>
</ul>
There are both state and federal rules in place to protect people from invasions of their privacy. The federal Electronic Communications Privacy Act of 1986 (ECPA) prohibits unauthorized interception of electronic communications.

However, employers can often bypass the ECPA by including clauses in employment contracts advising workers that any communications or activity on company-provided mobile phones, tablets or laptops may be subject to monitoring.

Of course, they must also <a href="https://www.rcfp.org/introduction-to-reporters-recording-guide/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">comply with state-level statutes</a>. Those differ in every jurisdiction. In Pennsylvania and Delaware, every party involved in a conversation must provide their consent.

In Michigan, consent is necessary if the party recording is not an active participant in the conversation. In Connecticut, consent from all parties is necessary to record phone calls, but only one party's consent is necessary to record in-person conversations. In West Virginia, Colorado, New York and New Jersey, only one party involved in a conversation must consent to recording.

Using a personal device can sometimes help bypass flagrant privacy invasion, but employers may still require that workers install apps that track their location or record other critical usage data. Employers often retain data for months or even years, allowing them to go back over conversations long after they occurred to look for excuses to discipline or terminate workers.

Employer monitoring of direct communications between workers can have a chilling effect on activities involved with organizing with coworkers. Blanket, always-on monitoring creates serious privacy issues, especially if workers must carry their devices during their lunch breaks or while off duty. Those who speak up about their concerns might face retaliation, even if they are technically whistleblowers reporting conduct that violates state or federal statutes.

Employers must provide clear notice about their recording and monitoring activities. They should use the least intrusive tools possible. They also likely need to provide deletion timelines to affirm how long they retain data.

Employees forced to use company software or devices are at especially high risk. Employees who suspect that they are subject to inappropriate monitoring or who face workplace consequences due to allegations related to monitoring activity may need to consult with an <a href="https://www.hardinlawpc.com/employment-law/" data-wpel-link="internal">employment attorney</a>. Reviewing company practices and any punishment or retaliation that has occurred with a skilled legal team can help employees understand and assert their workplace privacy rights.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Hardin Thompson PC</name>
				            </author>
            <title type="html"><![CDATA[Hardin Thompson PC Ranked in Best Law Firms 2026 by Best Lawyers®]]></title>
            <link rel="alternate" type="text/html" href="https://www.hardinlawpc.com/blog/2025/11/hardin-thompson-pc-ranked-in-best-law-firms-2026-by-best-lawyers/" />
            <id>https://www.hardinlawpc.com/?p=52122</id>
            <updated>2025-11-06T16:50:48Z</updated>
            <published>2025-11-06T16:50:48Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Hardin Thompson PC is proud to announce its recognition in the 2026 edition of Best Law Firms® by Best Lawyers®. The firm earned a Regional Tier 3 ranking in Employment Law – Individuals in Pittsburgh, reflecting its ongoing commitment to advocating for employees and delivering exceptional representation in complex workplace matters. Best Law Firms – United States (2026 Edition) Regional…]]></summary>
			                <content type="html" xml:base="https://www.hardinlawpc.com/blog/2025/11/hardin-thompson-pc-ranked-in-best-law-firms-2026-by-best-lawyers/"><![CDATA[Hardin Thompson PC is proud to announce its recognition in the <strong>2026 edition of Best Law Firms® by Best Lawyers®</strong>. The firm earned a <strong>Regional Tier 3 ranking in Employment Law – Individuals in Pittsburgh</strong>, reflecting its ongoing commitment to advocating for employees and delivering exceptional representation in complex workplace matters.

<strong>Best Law Firms – United States (2026 Edition)</strong>

<strong>Regional Tier 3</strong>

<em>Pittsburgh</em>
<ul>
 	<li>Employment Law – Individuals</li>
</ul>
To be eligible for a Best Law Firms ranking, a firm must have at least one lawyer recognized in The Best Lawyers in America®. Rankings are determined through a combination of client and professional feedback, peer review, and firmographic data analysis.

<strong>About Hardin Thompson PC</strong>

Hardin Thompson PC is a national law firm with offices in Pennsylvania, New York, New Jersey, West Virginia, and Colorado. The firm represents clients ranging from individuals to corporations in matters involving employment law, insurance defense, commercial litigation, and professional liability. Guided by a commitment to effective, personalized legal strategies, Hardin Thompson PC continues to achieve outstanding results across its diverse practice areas.

For more information about Hardin Thompson PC and its practice areas, please visit: <a href="https://www.hardinlawpc.com/employment-law/" data-wpel-link="internal">www.hardinlaw.com</a>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Hardin Thompson PC</name>
				            </author>
            <title type="html"><![CDATA[DEI programs under fire: Compliance moves that actually reduce risk]]></title>
            <link rel="alternate" type="text/html" href="https://www.hardinlawpc.com/blog/2025/10/dei-programs-under-fire-compliance-moves-that-actually-reduce-risk/" />
            <id>https://www.hardinlawpc.com/?p=52079</id>
            <updated>2025-10-03T16:01:00Z</updated>
            <published>2025-10-03T16:01:00Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[For years, companies have used Diversity, Equity and Inclusion (DEI) programs to foster a better workplace. However, the legal landscape is shifting. The Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard triggered a major legal shift. As a result, these well-intentioned programs are now under intense scrutiny. This has created a new landscape of legal risk for…]]></summary>
			                <content type="html" xml:base="https://www.hardinlawpc.com/blog/2025/10/dei-programs-under-fire-compliance-moves-that-actually-reduce-risk/"><![CDATA[For years, companies have used Diversity, Equity and Inclusion (DEI) programs to foster a better workplace. However, the legal landscape is shifting.

The Supreme Court’s 2023 decision in <em>Students for Fair Admissions v. Harvard</em> triggered a major legal shift. As a result, these well-intentioned programs are now under intense scrutiny. This has created a new landscape of legal risk for employers.

While <a href="https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf" target="_blank" rel="noopener noreferrer" data-wpel-link="external">the ruling</a> was about university admissions, its reasoning has prompted lawsuits alleging that many DEI initiatives are a form of illegal discrimination. The solution is not to abandon the goal of an inclusive workplace, but to strategically audit your programs to align with current laws.
<h2>Why well-intentioned DEI programs create risk</h2>
The primary danger of a modern DEI program is that a court may view it as creating unlawful preferences or quotas. As a result, corporate initiatives that use rigid hiring targets or set aside specific opportunities for certain groups now face a high risk of litigation.

An employer’s goal, therefore, must be to create genuine equal opportunity for everyone, rather than providing a special advantage to one group.
<h2>Three compliance moves that reduce legal risk</h2>
To reduce your business's legal exposure, here are three critical adjustments you can make to refine your DEI program.
<ul>
 	<li><strong>Focus on inclusivity, not quotas:</strong> Shift your program's focus from quotas to inclusive actions, like widening your applicant search and offering mentorship to all qualified employees.</li>
 	<li><strong>Audit your language and training:</strong> Scrutinize your website, job postings, and training for any language that could be seen as preferential and ground your training in equal opportunity principles for all.</li>
 	<li><strong>Tie initiatives to business objectives:</strong> Frame your DEI efforts as a business strategy focused on clear goals, like how a diverse workforce can improve innovation and expand your customer base.</li>
</ul>
Each of these adjustments helps align your program with current laws.
<h2>A proactive approach to a positive workplace</h2>
A legally compliant DEI program is not a weaker one; it is stronger and more sustainable. It protects your company from lawsuits while still supporting a genuinely fair environment for all employees.

This area of employment law requires a <a href="https://www.hardinlawpc.com/employment-law/" data-wpel-link="internal">careful and proactive approach</a>. An experienced employment attorney can help your business audit its DEI initiatives and identify potential areas of risk.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Hardin Thompson PC</name>
				            </author>
            <title type="html"><![CDATA[AI in the workplace: What employers and employees need to know]]></title>
            <link rel="alternate" type="text/html" href="https://www.hardinlawpc.com/blog/2025/08/ai-in-the-workplace-what-employers-and-employees-need-to-know/" />
            <id>https://www.hardinlawpc.com/?p=51999</id>
            <updated>2025-08-19T11:48:20Z</updated>
            <published>2025-08-19T10:46:58Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[AI is helping companies operate more efficiently and make more informed decisions. Its influence stretches beyond back-end operations into areas that directly impact people, particularly how businesses hire, manage and evaluate employees. In many cases, AI can improve consistency, reduce human bias and help companies respond more quickly to evolving business needs. Yet, alongside these advantages come serious ethical and…]]></summary>
			                <content type="html" xml:base="https://www.hardinlawpc.com/blog/2025/08/ai-in-the-workplace-what-employers-and-employees-need-to-know/"><![CDATA[<span style="font-weight: 400">AI is helping companies operate more efficiently and make more informed decisions. Its influence stretches beyond back-end operations into areas that directly impact people, particularly how businesses hire, manage and evaluate employees.</span>

<span style="font-weight: 400">In many cases, AI can improve consistency, reduce human bias and help companies respond more quickly to evolving business needs. Yet, alongside these advantages come serious </span><a href="https://www.jdsupra.com/legalnews/ai-in-the-workplace-legal-pitfalls-and-1266960/#:~:text=As%20AI%20becomes%20more%20embedded,practices%20for%20privacy%20and%20security?" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><span style="font-weight: 400">ethical and legal concerns</span></a><span style="font-weight: 400">. As the use of AI grows, both employers and employees ought to understand how it functions, where it is being applied and what safeguards are needed. </span>
<h2><span style="font-weight: 400">AI in hiring processes</span></h2>
<span style="font-weight: 400">Many organizations now rely on AI tools to:</span>
<ul>
 	<li style="font-weight: 400"><span style="font-weight: 400">Screen resumes</span></li>
 	<li style="font-weight: 400"><span style="font-weight: 400">Rank applicants</span></li>
 	<li style="font-weight: 400"><span style="font-weight: 400">Conduct video interviews </span></li>
</ul>
<span style="font-weight: 400">These systems analyze data to estimate which applicants are most likely suited for a given role. By automating day-to-day tasks, AI has helped reduce time-to-hire and improve consistency in decision-making.</span>

<span style="font-weight: 400">However, AI-based hiring systems tend to be as unbiased as the data they are trained on. For instance, an AI system trained on resumes from a male-dominated company might favor male candidates. Employers should actively audit and refine these systems to avoid such risks.</span>
<h2><span style="font-weight: 400">AI for employee monitoring</span></h2>
<span style="font-weight: 400">AI is also being used to monitor employee behavior and productivity through:</span>
<ul>
 	<li style="font-weight: 400"><span style="font-weight: 400">Keystroke tracking </span></li>
 	<li style="font-weight: 400"><span style="font-weight: 400">Email analysis </span></li>
 	<li style="font-weight: 400"><span style="font-weight: 400">Computer vision tools that detect presence and engagement </span></li>
</ul>
<span style="font-weight: 400">While this can help identify training needs or prevent misconduct, it can also raise serious privacy concerns. Employees may feel micromanaged or distrustful if they are not informed about what is being monitored and why. </span>
<h2><span style="font-weight: 400">AI in performance evaluations</span></h2>
<span style="font-weight: 400">AI-powered performance review systems analyze a variety of metrics, such as project completion rates, peer feedback and communication patterns. However, AI is not infallible and may misinterpret context, overemphasize quantifiable metrics or fail to capture collaborative contributions. </span>
<h2><span style="font-weight: 400">Risk of discrimination and bias</span></h2>
<span style="font-weight: 400">Biased algorithms can disproportionately impact certain groups based on protected characteristics. Employers should:</span>
<ul>
 	<li style="font-weight: 400"><span style="font-weight: 400">Use diverse training data to mitigate these risks</span></li>
 	<li style="font-weight: 400"><span style="font-weight: 400">Involve interdisciplinary teams in system development</span></li>
 	<li style="font-weight: 400"><span style="font-weight: 400">Conduct regular bias audits </span></li>
</ul>
<span style="font-weight: 400">Involving employees in conversations about AI implementation can also promote transparency and trust.</span>

<span style="font-weight: 400">AI is reshaping the modern workplace in powerful ways, offering tools to enhance hiring, monitoring and performance management. However, its use must be guided by ethical principles, </span><a href="https://www.hardinlawpc.com/employment-law/" data-wpel-link="internal"><span style="font-weight: 400">personalized legal support</span></a><span style="font-weight: 400"> and human supervision. By adopting transparent practices and addressing bias, employers and employees can harness the benefits of AI while helping ensure fairness and accountability in the workplace.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Hardin Thompson PC</name>
				            </author>
            <title type="html"><![CDATA[How non-compete agreements can help to protect trade secrets]]></title>
            <link rel="alternate" type="text/html" href="https://www.hardinlawpc.com/blog/2025/04/how-non-compete-agreements-can-help-to-protect-trade-secrets/" />
            <id>https://www.hardinlawpc.com/?p=51837</id>
            <updated>2025-04-05T21:00:28Z</updated>
            <published>2025-04-05T21:00:28Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Employers generally negotiate contracts with workers to protect their organizations. Frequently, the main focus is to limit liability. When employees know what is expected of them and what the company intends to provide them with, there is less likelihood of conflict arising later in the employment arrangement. Businesses can also integrate clauses that help protect the company after the employment…]]></summary>
			                <content type="html" xml:base="https://www.hardinlawpc.com/blog/2025/04/how-non-compete-agreements-can-help-to-protect-trade-secrets/"><![CDATA[Employers generally negotiate contracts with workers to protect their organizations. Frequently, the main focus is to limit liability. When employees know what is expected of them and what the company intends to provide them with, there is less likelihood of conflict arising later in the employment arrangement.

Businesses can also integrate clauses that help protect the company after the employment arrangement ends. Restrictive covenants can impose limitations on the future economic activity of employees. Non-compete agreements, in particular, are popular additions to modern employment contracts. Businesses with valuable trade secrets ranging from proprietary production processes, unique recipes and established client lists can protect those trade secrets with non-compete agreements.
<h2>How non-compete agreements can help</h2>
Employment contracts that include <a href="https://www.investopedia.com/terms/n/noncompete-agreement.asp" data-wpel-link="external" target="_blank" rel="noopener noreferrer">non-compete agreements</a> can protect employers and their trade secrets by preventing workers from immediately leaving to monetize those trade secrets. Typically, restrictive covenants have to include terms that limit their applicability. They may remain in effect for several years and within a specific geographic area.

Provided that the agreement includes appropriate restrictions and that the contract itself is valid, employers can hold former employees accountable for unfairly competing with the company. Non-compete agreements prevent employees from taking jobs with direct local competitors. They also prevent them from opening their own companies in the same economic niche.

Until the non-compete agreement eventually expires, the employee must look for alternate means of supporting themselves rather than the industry in which they were previously employed. Employees subject to non-compete agreements cannot use a company's customer list or other trade secrets for personal enrichment.

If they disclose non-public information to a competitor or use the information to start a business that competes with a former employer, then the former employer can take legal action. Typically, non-compete agreements have penalty clauses integrated into them that impose financial consequences for violation of the contract.

If an employer can show that a former employee violated their non-compete agreement, they can ask the courts to enforce the penalty clause. They may also be able to request economic damages in addition to the contractual penalties. A judge can also issue an injunction that can prevent future infringement.

Adding non-compete agreements to <a href="https://www.hardinlawpc.com/employment-law/" data-wpel-link="internal">employment contracts</a> and negotiating terms for them when promoting a current staff can help companies protect their trade secrets. Organizations with robust contracts have less exposure and more options when faced with the misuse or disclosure of trade secrets.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Hardin Thompson PC</name>
				            </author>
            <title type="html"><![CDATA[Construction wage and hour laws: A guide to avoiding costly mistakes]]></title>
            <link rel="alternate" type="text/html" href="https://www.hardinlawpc.com/blog/2025/03/construction-wage-and-hour-laws-a-guide-to-avoiding-costly-mistakes/" />
            <id>https://www.hardinlawpc.com/?p=51755</id>
            <updated>2025-03-04T22:39:08Z</updated>
            <published>2025-03-04T22:39:08Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[As an employer in the construction industry, adhering to wage and hour laws is crucial to avoid legal troubles and ensure fair treatment of your employees. These laws, governed by the Fair Labor Standards Act (FLSA), outline how you should pay wages, handle overtime, and classify workers. By being aware of these rules, you can prevent common pitfalls that lead…]]></summary>
			                <content type="html" xml:base="https://www.hardinlawpc.com/blog/2025/03/construction-wage-and-hour-laws-a-guide-to-avoiding-costly-mistakes/"><![CDATA[As an employer in the construction industry, adhering to wage and hour laws is crucial to avoid legal troubles and ensure fair treatment of your employees. These laws, governed by the Fair Labor Standards Act (FLSA), outline how you should pay wages, handle overtime, and classify workers. By being aware of these rules, you can prevent common pitfalls that lead to disputes and penalties.
<h2>Understanding the Fair Labor Standards Act (FLSA)</h2>
The FLSA establishes the guidelines for minimum wage, overtime pay, and recordkeeping in construction. If your business makes $500,000 or more annually or engages in interstate commerce, you must comply with the FLSA. This means paying at least the federal minimum wage and overtime for hours over 40 in a workweek.

Consider consulting with <a href="https://www.hardinlawpc.com/employment-law/prevention/" target="_blank" rel="noopener" data-wpel-link="internal">an employment lawyer</a> to review your practices. They can help you create compliant policies, conduct audits, and address your company's issues. Legal advice costs often far less than potential fines or lawsuits.
<h2>Common pitfalls and how to avoid them</h2>
<h3>Accurate time tracking</h3>
One of the biggest mistakes is <a href="https://www.dol.gov/agencies/whd/fact-sheets/1-flsa-construction" target="_blank" rel="noopener noreferrer" data-wpel-link="external">failing to record all hours worked</a>. Ensure you track time spent working before or after shifts, including travel time from the shop to work sites. Use reliable timekeeping systems to capture all work hours accurately.
<h3>Proper overtime calculation</h3>
Pay overtime for any hours worked over 40 in a workweek. Don't use "comp time" or "bank" overtime hours. If an employee works in multiple job classifications for you, combine all hours for overtime calculations. Remember, each workweek stands alone for overtime purposes.
<h3>Employee classification</h3>
Classify your workers correctly as either employees or independent contractors. Misclassification can lead to serious legal issues. Consider factors like control over work, financial investment, and the nature of the relationship when making this determination.
<h3>Meal breaks</h3>
If you provide meal breaks, ensure employees are completely relieved of duties. If they're not, you must pay them for that time. Short breaks (5-20 minutes) are considered compensable work time.
<h3>Compliance guidance</h3>
Keep accurate employee information records, hours worked, and wages paid to stay compliant. Establish a clear workweek (any fixed 7-day period) for overtime calculations. Be aware of special rules for federally funded projects, which may require prevailing wage rates. And seek legal advice if you have doubts about FLSA laws.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Hardin Thompson PC</name>
				            </author>
            <title type="html"><![CDATA[Avoiding FLSA pitfalls: Navigating off-the-clock claims]]></title>
            <link rel="alternate" type="text/html" href="https://www.hardinlawpc.com/blog/2024/09/avoiding-flsa-pitfalls-navigating-off-the-clock-claims/" />
            <id>https://www.hardinlawpc.com/?p=51598</id>
            <updated>2024-09-10T18:46:20Z</updated>
            <published>2024-09-10T18:46:20Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[It is important for business owners to understand and comply with the Fair Labor Standards Act (FLSA). This federal law regulates compensation for employees, including minimum wage, overtime pay, and other employment standards. A common issue that arises involves off-the-clock work claims, where employees allege the employer did not provide proper compensation for all the time they worked. Recognizing the…]]></summary>
			                <content type="html" xml:base="https://www.hardinlawpc.com/blog/2024/09/avoiding-flsa-pitfalls-navigating-off-the-clock-claims/"><![CDATA[It is important for business owners to understand and comply with the Fair Labor Standards Act (FLSA). This federal law regulates compensation for employees, including minimum wage, overtime pay, and other employment standards. A common issue that arises involves off-the-clock work claims, where employees allege the employer did not provide proper compensation for all the time they worked. Recognizing the scenarios in which these claims might arise and understanding potential defenses can help protect your business from costly legal consequences.
<h2>Common scenarios leading to off-the-clock work claims</h2>
Off-the-clock work claims can surface in various situations, but some scenarios are more prevalent than others:
<ul>
 	<li><strong>Preparatory and concluding activities:</strong> This includes time spent setting up equipment before a shift starts or closing down operations after the shift ends.</li>
 	<li><strong>Unauthorized overtime:</strong> Employees staying late or coming in early to complete work without explicit approval.</li>
 	<li><strong>Remote work oversight:</strong> Failing to track the hours worked remotely, especially in today's increasingly digital workplace.</li>
</ul>
These examples highlight the need for clear policies and rigorous monitoring of work hours to help better ensure compliance with the FLSA.
<h2>Defenses against off-the-clock work claims</h2>
Various defense strategies are available when an employer is faced with an off-the-clock work claim. Although the right strategy will depend on the details of the case, some common examples include the following:
<ul>
 	<li><strong>Established company policies:</strong> Demonstrating that clear policies against off-the-clock work are in place and communicated to all employees.</li>
 	<li><strong>Lack of knowledge:</strong> The employer may defend against claims if they genuinely did not know and had no reason to know that the employee was working off the clock.</li>
 	<li><strong>Employee misconduct:</strong> If an employee breaks known rules by working off the clock, this may serve as a defense, depending on the circumstances.</li>
</ul>
It is important to <a href="https://www.hardinlawpc.com/employment-law/fair-labor-standards-act/" target="_blank" rel="noopener" data-wpel-link="internal">tailor one or more of these strategies</a> to the specifics of the case.
<h2>Consequences of FLSA violations</h2>
The <a href="https://www.dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa" target="_blank" rel="noopener noreferrer" data-wpel-link="external">FLSA is complex</a>, and the consequences of a violation can be severe. These may include back pay, damages, and legal costs. There is also the possibility of reputational damage, as FLSA violations can harm your business's reputation, affecting customer trust and employee morale.

As a business owner, it is important to stay informed about the FLSA's requirements and the potential for off-the-clock work claims. Implementing strict policies, maintaining accurate timekeeping practices, and understanding the legal defenses can protect your business from costly penalties and lawsuits. By taking proactive steps to ensure compliance, you safeguard not only your financial stability but also your reputation and employee relations.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by   </name>
				            </author>
            <title type="html"><![CDATA[Pittsburgh and Allegheny County Paid Sick Leave Mandates: What Employers Need to Know]]></title>
            <link rel="alternate" type="text/html" href="https://www.hardinlawpc.com/blog/2024/08/pittsburgh-and-allegheny-county-paid-sick-leave-mandates-what-employers-need-to-know/" />
            <id>https://www.hardinlawpc.com/?p=51586</id>
            <updated>2026-02-02T12:09:51Z</updated>
            <published>2024-08-07T15:51:37Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[I. Introduction On March 15, 2020, the City of Pittsburgh’s Paid Sick Days Act officially went into effect, mandating employers to provide paid sick time to employees who work at least 35 hours within city limits in a calendar year. Allegheny County’s similar mandate, the Allegheny County Sick Leave Ordinance, effective December 15, 2021, likewise requires employers of 26 or…]]></summary>
			                <content type="html" xml:base="https://www.hardinlawpc.com/blog/2024/08/pittsburgh-and-allegheny-county-paid-sick-leave-mandates-what-employers-need-to-know/"><![CDATA[<strong>I. Introduction</strong>

On March 15, 2020, the City of Pittsburgh’s Paid Sick Days Act officially went into effect, mandating employers to provide paid sick time to employees who work at least 35 hours within city limits in a calendar year. Allegheny County’s similar mandate, the Allegheny County Sick Leave Ordinance, effective December 15, 2021, likewise requires employers of 26 or more to provide paid seek time to employees who work at least 35 hours within the County in a calendar year.

Though these mandates have been in effect for years, earlier this year, the City of Pittsburgh announced that it would begin to “strictly enforce” the Paid Sick Days Act, including compliance investigations.

<strong>II. Overview of the Pittsburgh Paid Sick Days Act</strong>

Under the Pittsburgh Paid Sick Days Act, all employers, regardless of size, must provide employees with one hour of paid sick leave for every 35 hours worked in Pittsburgh. Employers with 15 or more employees must allow for the accrual of 40 hours of paid sick leave per calendar year. For employers with less than 15 employees, accrual caps at 24 hours per year. Unless the employer opts to provide all paid sick leave at the beginning of the year, any unused time must roll over to the following year.

The requirements apply to all full-time and part-time employees who work 35 hours or more within the City of Pittsburgh, except for members of a construction union covered by a collective bargaining agreement, seasonal employees who are notified in writing upon hire that they will work no more than 16 weeks during the calendar year, and independent contractors. Employees employed outside of the Pittsburgh, but travel to and perform work within the city are covered by the Act – travel time within the city counts as hours worked.

For purposes of determining accrual caps, employers must count all employees, except owners, regardless of whether the employee is covered by the Act. If the number of employees varies over the year, the highest number of employees employed at any one time must be used.

Employees must be permitted to use the sick leave, not only for the employee’s own illness or need for medical care, but also for a family member’s illness or need for medical care; closure of an employer’s workplace due to a public heath emergency; childcare, if the child’s school or place of care is closed due to a public health emergency; and a need to care for a family member, if the family member’s condition puts community health at risk.

Employers must provide written notice, as well as post at every worksite employees’ entitlement to paid sick leave, the amount to which they are entitled, acceptable uses, a guarantee against retaliation, and the right to file a complaint for noncompliance.

<strong>III. Overview of the Allegheny County Sick Leave Ordinance</strong>

The Allegheny County Sick Leave Ordinance essentially mirrors the Pittsburgh Paid Sick Days Act. However, the Ordinance is only applicable to employers with 26 or more employees. The ordinance requires such employers to provide one hour of paid sick leave to employees for every 35 hours worked in Allegheny County – accrual is capped at 40 hours per calendar year. All other Ordinance provisions and requirements remain as discussed in the above overview of the Pittsburgh Paid Sick Days Act.

<strong>IV. Compliance Strategies for Employers</strong>

Regardless of an employer’s primary place of business, if they have employees who work within the City of Pittsburgh and/or Allegheny County, the mandates are applicable. This includes employers that have employees who work from home in the in the city or county.

Although these mandates have been in effect for several years, given the city’s recent indication of strict enforcement, now would be the perfect opportunity to verify compliance. To do so, employers should review all existing sick leave policies to ensure they meet minimum requirements and if not, revise the same; ensure that such policies are strictly followed; and visit all worksites to ensure proper notice is posted.

Employers of unionized construction employees should also review their sick leave polices to ensure that only non-unionized employees are covered. Moreover, employers who do not provide paid sick leave to seasonal workers must ensure that these workers are provided with written notice on the date of hire that they will work no more than 16 weeks during the calendar year, otherwise, they must be provided with paid sick leave in compliance with the mandates.

<strong>V. How Hardin Thompson Can Help</strong>

If you are unsure your business’ compliance with these mandates, we would be happy to <a href="/employment-law/" data-wpel-link="internal">ensure compliance</a> by reviewing and revising existing company polices and/or drafting brand new policies.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Hardin Thompson PC</name>
				            </author>
            <title type="html"><![CDATA[Understanding reasonable accommodation and undue hardship]]></title>
            <link rel="alternate" type="text/html" href="https://www.hardinlawpc.com/blog/2024/08/understanding-reasonable-accommodation-and-undue-hardship/" />
            <id>https://www.hardinlawpc.com/?p=51566</id>
            <updated>2024-08-02T15:59:06Z</updated>
            <published>2024-08-02T15:59:06Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[The Americans with Disabilities Act (ADA) requires employers provide reasonable accommodations to employees with disabilities. This requirement aims to ensure that all employees have equal opportunities to perform their jobs and participate in employment-related activities. There are limitations to this obligation, especially when an accommodation causes significant difficulty or expense for the employer. This is known as undue hardship. What…]]></summary>
			                <content type="html" xml:base="https://www.hardinlawpc.com/blog/2024/08/understanding-reasonable-accommodation-and-undue-hardship/"><![CDATA[The Americans with Disabilities Act (ADA) requires employers provide reasonable accommodations to employees with disabilities. This requirement aims to ensure that all employees have equal opportunities to perform their jobs and participate in employment-related activities. There are limitations to this obligation, especially when an accommodation causes significant difficulty or expense for the employer.

This is known as undue hardship.
<h2>What constitutes a reasonable accommodation?</h2>
An employer makes reasonable accommodations when they adjust or modify a position in a way that allows people with disabilities to have equal employment opportunities. These accommodations are different for each employer depending on the situation but <a href="https://www.eeoc.gov/publications/ada-your-responsibilities-employer" target="_blank" rel="noopener noreferrer" data-wpel-link="external">can include</a>:
<ul>
 	<li>Adjusting current facilities so that they are accessible,</li>
 	<li>Restructuring existing jobs or modifying work schedules,</li>
 	<li>Adding or modifying equipment, and</li>
 	<li>Providing qualified readers or interpreters.</li>
</ul>
Not all accommodations are reasonable if they cause undue hardship to the employer.
<h2>What is the difference between accommodation and undue hardship?</h2>
An undue hardship refers to accommodations that result in a considerable difficulty or expense to the employer. In deciding whether an accommodation would impose an undue hardship, employers must consider several factors including:
<ul>
 	<li>The type and expense of the accommodation,</li>
 	<li>Financial resources,</li>
 	<li>The size of the workforce, and</li>
 	<li>The effect on expenses and resources of the facility.</li>
</ul>
If an accommodation would significantly impact the operation of a business, it might be considered an undue hardship.

Employers must balance the need to accommodate employees with disabilities with their organization’s capability to sustain such changes without significant hardship. Both employers and employees are wise to understand their rights and obligations under the ADA. By distinguishing between reasonable accommodations and undue hardships, employers can <a href="https://www.hardinlawpc.com/employment-law/" target="_blank" rel="noopener" data-wpel-link="internal">make informed decisions</a> that align with legal requirements and ethical considerations.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by   </name>
				            </author>
            <title type="html"><![CDATA[Colorado’s New Paid Family and Medical Leave Act Promotes Worker’s Health and Family over the weekly Paycheck]]></title>
            <link rel="alternate" type="text/html" href="https://www.hardinlawpc.com/blog/2024/06/colorados-new-paid-family-and-medical-leave-act-promotes-workers-health-and-family-over-the-weekly-paycheck/" />
            <id>https://www.hardinlawpc.com/?p=51530</id>
            <updated>2024-07-16T23:25:44Z</updated>
            <published>2024-06-20T22:36:34Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[In November 2020, voters from across the state of Colorado and from all political parties supported Prop. 118, leading to its passage by a margin of more than 15 percentage points, to create a state-run paid Family and Medical Leave Insurance (“FAMLI”) program.[i] By enacting FAMLI by ballot, Colorado became the first state to pass a paid family and medical…]]></summary>
			                <content type="html" xml:base="https://www.hardinlawpc.com/blog/2024/06/colorados-new-paid-family-and-medical-leave-act-promotes-workers-health-and-family-over-the-weekly-paycheck/"><![CDATA[In November 2020, voters from across the state of Colorado and from all political parties supported Prop. 118, leading to its passage by a margin of more than 15 percentage points, to create a state-run paid Family and Medical Leave Insurance (“FAMLI”) program.<a href="#_edn1" name="_ednref1">[i]</a> By enacting FAMLI by ballot, Colorado became the first state to pass a paid family and medical leave law by a popular vote. Including Colorado, there are now 12 states with paid family and medical leave laws on the books, plus Washington, D.C<a href="#_edn2" name="_ednref2">[ii]</a>.

The FAMLI program started on January 1, 2024.<a href="#_edn3" name="_ednref3">[iii]</a> FAMLI provides job-protected paid leave benefits to covered workers in Colorado, when qualifying life situations arise.<a href="#_edn4" name="_ednref4">[iv]</a> These include the need to bond with a new child, provide care for your own serious illness or a family member’s, address specific safety needs related to domestic violence, sexual assault and stalking, or respond to military deployment and other military family needs.<a href="#_edn5" name="_ednref5">[v]</a>   Those who experience pregnancy or child-birth complications may receive up to an additional four (4) weeks of pay..

Most Colorado employees are eligible for FAMLI benefits, including self-employed and independent contractors if they opt into the FAMLI program, and employees of local government that have opted out.<a href="#_edn6" name="_ednref6">[vi]</a> Federal government and certain railroad employees are not covered. In order for a Colorado worker with a qualifying need for FAMLI leave to quality for FAMLI benefits, the individual must have earned at least $2,500 in total wages (including among different jobs) in the State of Colorado within a set period of time.<a href="#_edn7" name="_ednref7">[vii]</a> Any <a href="/employment-law/" data-wpel-link="internal">employer</a> with at least one Colorado employee must provide paid family and medical leave to its eligible Colorado employee. This includes permanent remote employees.

There is significant difference between the federal Family and Medical Leave Act (“FMLA”) and Colorado’s FAMLI Law. Although the two laws both address family and medical leave, the federal FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave for specified family, medical, and military reasons.<a href="#_edn8" name="_ednref8">[viii]</a> The FMLA is not a paid family and medical leave law and does not apply to all workers in Colorado. Employees working for a business of any size are eligible for FAMLI. Only employees that work for businesses with 50+ employees qualify for FMLA. In addition, under FMLA, employees of covered businesses are not eligible for leave until they have worked 1,250 hours in the past 12 months with their employer. Under FAMLI, eligible covered Colorado workers are able to take up to 12 weeks of paid leave. This means that Colorado workers no longer have to choose between caring for themselves or their families, or continuing to work for a paycheck. FAMLI is designed to run concurrently with FMLA.<a href="#_edn9" name="_ednref9">[ix]</a>

In addition, under FAMLI employers cannot require employees to use accrued vacation, sick leave or other paid time off before or while using FAMLI. An employee can agree to use accrued paid time off to top off pay or make whole but cannot receive more in compensation than their average weekly wage.<a href="#_edn10" name="_ednref10">[x]</a>

The FAMLI program is funded through premiums paid by both workers and employers (depending on how many employees the business has). The portion paid by workers is made through a simple payroll deduction facilitated by the employer. In most cases, it is likely that covered employees will pay 0.45% of their wages up to a cap, regardless of employer size. Employers with 10 or more employees will also pay 0.45% of employee wages up to a cap. Taken together, these premium contributions will total 0.9% of covered employees’ wages up to a cap. Employers with fewer than 10 employees are not required to pay the employer premium share (but will remit premiums on behalf of their employees). Employees at small businesses who qualify for this employer premium discount will have the same access to the benefits of paid family and medical leave and job protection provided under the FAMLI as employees at larger employers. The law further allows employers to pay all or part of their employees’ share of the premium cost, so individual employee contributions may differ depending on whether the employer wishes to cover more or all of the employee’s share as an added benefit to their employees.<a href="#_edn11" name="_ednref11">[xi]</a>

FAMLI wage replacement benefits will be paid at a rate of up to 90% of the employee’s average weekly wage with lower wage earners receiving a higher percentage. Benefits are calculated on a sliding scale using the individual’s average weekly wage from the previous five calendar quarters in relation to the average weekly wage for the state of Colorado and may increase over time. Benefits are capped at $1,100 per week. This contrasts greatly with the FMLA wherein employees receive no payment during their leave unless they have elected to use or supplement with their own accrued PTO or sick leave.

The legality of FAMLI did receive opposition prior to its roll out. However, in 2022, the Colorado Supreme Court unanimously upheld Colorado’s FAMLI which paved the way for its constitutional implementation.<a href="#_edn12" name="_ednref12">[xii]</a> Opponents of the Act filed a legal challenge against FAMLI arguing that it violated the Colorado Constitution’s Taxpayer Bill of Rights (TABOR) due to the mechanism for funding the program from employees and employers. In 2021, the lower state court upheld FAMLI and dismissed the suit. The Colorado Supreme Court agreed to hear the case and unanimously rejected the legal challenge. The Court ruled TABOR does not apply because the program’s funding is not an income tax or a surcharge forbidden by TABOR.

FAMLI has seen additional benefits with its inception into law. More than 11,000 Colorado fathers have taken paid paternity leave so far this year under the FAMLI program, which covers all parents who welcome a new child through birth, adoption or foster placement.<a href="#_edn13" name="_ednref13">[xiii]</a> This is a huge win for fathers who previously had to choose between bonding with their child or working for pay.

In fact, more than 40% of all bonding claims in Colorado were filed by males, according to gender statistics kept by the FAMLI Division.<a href="#_edn14" name="_ednref14">[xiv]</a> The Division has already approved more than 29,000 total parental bonding claims since benefits became available at the start of the year, making bonding with a new child the No. 2 reason Colorado workers have taken paid leave (after caring for one’s own serious health condition).

As with most employment laws, employers are prohibited from discriminating or retaliating against employees for exercising their rights under FAMLI. Once you have worked for the same employer for at least 180 days (about six months), your job is protected under the law. That means you’re entitled to return to the same position, or an equivalent position, when your leave ends. You can still take FAMLI leave before you meet that 180-day threshold, but your employer is not required to keep your job for you when your leave is over. As long as you are eligible and qualify to use paid leave, your employer cannot prevent you from taking leave, and cannot penalize you for taking paid leave. Employers must also continue benefits during FAMLI leave. The Division is empowered to enforce FAMLI and there is a private right of action for employees, which includes damages and an award of attorneys’ fees to a prevailing plaintiff.

In conclusion, FMLA and FAMLI leaves provide significant support for employees in Colorado, offering both unpaid and paid leave options. Understanding the nuances of these leave programs is crucial for employers and employees alike to ensure compliance with the regulations and to make the most of the available benefits.

&nbsp;

&nbsp;

<a href="#_ednref1" name="_edn1">[i]</a> https://www.coloradopolitics.com/courts/state-supreme-court-upholds-colorados-voter-approved-paid-leave-program/article_1bc27964-f0a6-11ec-96b7-dfc848e57ed5.html

<a href="#_ednref2" name="_edn2">[ii]</a> California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Rhode Island, and Washington.

<a href="#_ednref3" name="_edn3">[iii]</a> https://famli.colorado.gov/sites/famli/files/FAMLI%20Break%20Room%20Poster%20Officialv3.pdf

<a href="#_ednref4" name="_edn4">[iv]</a>   Colo. Rev. Stat. 8-13.3-501, et. seq.

<a href="#_ednref5" name="_edn5">[v]</a>   FAMLI applies if a military family member is called or ordered to active-duty service (for example, providing for the care or other needs of the servicemember’s child or family member, making financial or legal arrangements for the servicemember, attending counseling, attending military events, and spending time with the servicemember upon their return from deployment).

<a href="#_ednref6" name="_edn6">[vi]</a> See 7 CCR 1107-1 at 1.5.6(A).

<a href="#_ednref7" name="_edn7">[vii]</a> https://famli.colorado.gov/sites/famli/files/FAMLI%20Break%20Room%20Poster%20Officialv3.pdf

<a href="#_ednref8" name="_edn8">[viii]</a> The Family and Medical Leave Act of 1993" Federal Register 60, no. 4 (January 6, 1995): 2180-2279

<a href="#_ednref9" name="_edn9">[ix]</a> https://famli.colorado.gov/individuals-and-families/famli-and-fmla#:~:text=FAMLI%20is%20designed%20to%20run%20concurrently%20with%20FMLA.

<a href="#_ednref10" name="_edn10">[x]</a> C.R.S.8-13.3-510(1)(c) (“under no circumstances shall an employee be required to use or exhaust any accrued vacation leave, sick leave or other paid time off prior to or while receiving family and medical leave insurance benefits”).

<a href="#_ednref11" name="_edn11">[xi]</a> https://famli.colorado.gov/sites/famli/files/FAMLI%20Break%20Room%20Poster%20Officialv3.pdf

<a href="#_ednref12" name="_edn12">[xii]</a>  https://www.coloradopolitics.com/courts/state-supreme-court-upholds-colorados-voter-approved-paid-leave-program/article_1bc27964-f0a6-11ec-96b7-dfc848e57ed5.html

<a href="#_ednref13" name="_edn13">[xiii]</a> https://famli.colorado.gov/news-article/more-than-11000-colorado-dads-have-taken-advantage-of-states-new-famli-program

<a href="#_ednref14" name="_edn14">[xiv]</a> <em>Id</em>.]]></content>
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