Sources of Employment Law
There are many sources of employment laws and legal obligations for dental practices in Pennsylvania. Below is a list of the principal statutes or ordinances (that is, legislatively enacted laws) issued by the federal, state, or local city and county governments.
Most or all of these laws also have regulations promulgated by administrative agencies pursuant to these laws. Those regulations provide clarification or further details on the rights and obligations imposed by the listed laws, and how to comply with those obligations or vindicate those rights.
Many of these laws also have administrative agencies tasked with enforcing the law or aiding employees in vindicating their rights under these laws. Ultimately, of course, when needed, almost all of these laws end up being enforced in the federal or state courts of Pennsylvania.
Note that some of these laws apply to all employees, regardless of the size of the employer, but many of them apply only to employers who reach a certain size threshold, usually articulated in terms of the number of people employed in the previous calendar or fiscal year. Those thresholds vary from two or four employees to 15, 20, 25, 50, or 75 employees, and some laws have certain requirements that apply only to employers with 100 or more, or 250 or more employees, as well as other number thresholds.
Federal Laws
• Americans With Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)
• Computer Fraud and Abuse Act (CFAA)
• Drug Free Workplace Ace (DFWA)
• Defend Trade Secrets Act (DTSA)
• Employee Polygraph Protection Act (EPPA)
• Employee Retirement Income Security Act (ERISA)
• Consolidated Omnibus Budget Reconciliation Act (COBRA)
• Equal Pay Act (EPA)
• Fair Credit Reporting Act (FCRA)
• Fair Labor Standards Act (FLSA)
• Federal Arbitration Act (FAA)
• Whistleblower Protection Laws (Various)
• Immigration Reform and Control Act (INA)
• Internal Revenue Code (IRC)
• Worker Adjustment and Retraining Act (WARN Act)
• Family and Medical Leave Act (FMLA)
• Genetic Information Nondiscrimination Act (GINA)
• Pregnant Workers Fairness Act (PWFA)
• Health Insurance Portability and Accountability Act (HIPAA)
• National Labor Relations Act (NLRA)
• Occupational Safety and Health Act (OSH Act)
• Section 1981 of the Civil Rights Act of 1861 (Section 1981)
• Title VII of the Civil Rights Act of 1964 – Race, Color, (Title VII)
• Title VII of the Civil Rights Act of 1964 – Sex (Title VII)
• Title VII of the Civil Rights Act of 1964 – Religion (Title VII)
• Title VII of the Civil Rights Act of 1964 – National Origin (Title VII)
• Uniformed Services Employment and Reemployment Act (USERRA)
State Laws – Pennsylvania
• Uniform Trade Secrets Act (UTSA)
• Tax Reform Code of 1971
• Minimum Wage Act (PMWA)
• Wage Payment and Collection Law (WPCL)
• Human Relations Act (PHRA)
• Criminal Record Information Act
• Medical Marijuana Act (PMMA)
• Unemployment Insurance Law
• Workers Compensation Act
• Garnishment Act
• Common Law – Contracts
• Common Law – Torts
• Common Law – Employment
City and County Laws
• Philadelphia Fair Practices Ordinance
• Philadelphia Fair Chance Hiring law
• Philadelphia Marijuana Testing Law
• Philadelphia Paid Sick Leave Law
• Other Philadelphia Employment Laws (See City Ordinances, Chapter 9)
• Pittsburgh Paid Sick Days Act
• Pittsburgh Human Relations Law
• Other Pittsburgh Employment Laws (See City Code, Article V)
• Employment Laws for Other Cities and Counties
The Employment Law Desktop Reference is for general information only. It is not legal advice for specific situations or for decisions, plans, or management by any employer in any circumstances. The law firm of Eckert Seamans Cherin & Mellott, LLC is available for specific advice for PDA members at discounted hourly rates and with an initial one-hour consultation at no charge to the PDA member. Please contact Bridget E. Montgomery, Esquire by email at bmontgomery@eckertseamans.com or by telephone at 717-237-6054 to schedule an initial consultation.