Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 7313 - Protection of employees(a) General rule.--No employer shall discharge or cause to be discharged, or otherwise discipline or in any manner discriminate against, an employee because the employee has filed a complaint, has assisted the department with respect to an inspection under section 14, has instituted or caused to be instituted any proceeding under or related to this act, has testified or is about to testify in any proceeding, has requested any information or properly refused work under section 5 or has exercised any right afforded pursuant to the provisions of this act.(b) Burden of proof.--If the department or the employee establishes that within the six months prior to the alleged violation the employee exercised any right provided in this act, the employer shall have the burden to show just cause for his action by clear and convincing evidence.(c) Waivers invalid.--Any waiver by an employee or applicant for employment of the benefits or requirements of this act shall be against public policy and shall be null and void. Any employer's request or requirement that an employee waive any rights under this act as a condition of employment shall constitute a violation.1984, Oct. 5, P.L. 734, No. 159, § 13, effective in 1 year.