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Total Articles: 71

Does the Ban on Salary History Inquiries Violate the First Amendment? Ruling on Philadelphia Bill May Impact New York

On May 4, 2017, New York City joined the Commonwealth of Massachusetts and the City of Philadelphia when the Mayor signed legislation that bans employers from inquiring about the salary history of job applicants. These laws, which have the stated aim of reducing pay inequity along racial and gender lines, could have a wide-ranging influence on the way companies do business. The New York law is set to go into effect on October 31, 2017, although there is a possibility that the law’s implementation will be challenged, as the similar law has been in Philadelphia.

Philadelphia Adopts Regulations Clarifying the Still-Stayed Ordinance Banning Salary History Inquiries

The Philadelphia Commission on Human Relations has adopted regulations interpreting portions of a City ordinance, which if upheld, would prohibit employers from seeking applicants’ wage and benefits history.1 The Wage Equity Ordinance remains stayed pending resolution of litigation about its constitutionality.2 Nevertheless, any employer currently evaluating a comprehensive approach to state and local restrictions on salary history inquiries should review the regulations as part of the analysis.

Pennsylvania Courts Continue to Extend Theories of Liability in Nursing Home Malpractice Cases

A recently published opinion from the Superior Court of Pennsylvania provides guidance on when nursing home management companies may be found liable to their residents in nursing malpractice actions.

Transgender Rights – Where Does Pennsylvania Fit In?

With the recent buzz about President Donald Trump’s removal of federal protections for transgender students that were implemented under the Obama Administration, the states and school systems have been left to determine if and how to implement protections for transgender students.

Former Employees Do Not Have Right to Inspect Personnel Files, Pennsylvania High Court Clarifies

Terminated employees, even those recently separated, are not entitled to inspect their personnel file under the Pennsylvania Inspection of Employment Records Law (the “Act”), according to the Pennsylvania Supreme Court. Thomas Jefferson University Hospital, Inc. v. Pennsylvania Department of Labor and Industry, No. 30 EAP 2016 (June 20, 2017). This decision, authored by Justice David Wecht, puts an end to an employer’s previous conundrum of determining what constitutes “recently” separated when evaluating a former employee’s request to review his or her personnel file.

Pennsylvania Highest Court Has Spoken: Former Employees Are Not Entitled to Inspect Their Personnel Files

Since January 6, 2016, almost 18 months ago, in accordance with a decision by the Commonwealth Court of Pennsylvania, employers in the state of Pennsylvania have been required to allow recently separated employees access to their personnel files on the same footing as current employees. That 2016 decision reversed the common thinking among employers in Pennsylvania that only current employees had the right to access their personnel files, and that former employees—no matter how long ago they had been separated—were not entitled to such access. Fortunately for employers, in the recent opinion issued by the Supreme Court of Pennsylvania, Thomas Jefferson University Hospital, Inc. v. Pennsylvania Department of Labor and Industry, No. 30 EAP 2016 (June 20, 2017), that 2016 decision was reversed. The state supreme court held that a recently terminated employee is not an “employee” and, thus, is not entitled to inspect his or her personnel file according to the Pennsylvania Inspection of Employment Records Law (Personnel Files Act).

New Legislation Allows Philadelphia to Shut Down Local Businesses Who Violate Its Anti-Discrimination Laws

The City of Philadelphia will now have the authority to shut down a business within the city for an undefined “period of time” if the business severely or repeatedly violates Philadelphia’s anti-discrimination laws, under a bill signed by Mayor Kenney on June 22, 2017.

Business Group Files Amended Complaint in Lawsuit Challenging Philadelphia Wage History Law

Philadelphia’s Wage History Ordinance, initially scheduled to take effect on May 23, 2017, remains on hold. The Ordinance has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction brought by the Chamber of Commerce for Greater Philadelphia. The City of Philadelphia agreed to halt enforcement of the Ordinance pending the litigation’s outcome. Following a motion to dismiss filed by the City, the court dismissed the lawsuit on May 30. Thereafter, on June 13, the Chamber filed an amended complaint.

Court Dismisses Lawsuit Challenging Philadelphia Wage History Law

Philadelphia’s Wage History Ordinance lives on, for now. The Ordinance, initially scheduled to take effect on May 23, 2017, has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction brought by the Chamber of Commerce for Greater Philadelphia. On May 30, the court dismissed the lawsuit.

The Battle Over Paid Sick Leave – Pittsburgh’s Paid Sick Leave Law Suffers Another Blow – Is Philadelphia Next?

There have been many recent, important developments in the area of paid sick leave in Pennsylvania. Recently, the Commonwealth Court of Pennsylvania (the “Appeals Court”) affirmed the Court of Common Pleas of Allegheny County’s (the “Trial Court”) ruling invalidating the Pittsburgh Paid Sick Days Act (“PSDA”).

Pittsburgh to Appeal Block of City’s Paid Sick Leave Ordinance

The Commonwealth Court of Pennsylvania has affirmed a lower court’s ruling invalidating the Pittsburgh Paid Sick Days Act (“PSDA”), the ordinance adopted in 2015 requiring all employers of employees within the Pittsburgh city limits to provide paid sick leave to all full- and part-time employees. The Mayor’s office has confirmed that it will appeal the May 17, 2017, court decision.

Pittsburgh's Paid Sick Days Ordinance is Confirmed to Be Invalid

On May 17, 2017, the Pennsylvania Commonwealth Court upheld a 2015 trial court ruling that the City of Pittsburgh did not have the authority under state law to enact the Paid Sick Days Ordinance. It remains to be seen whether the City of Pittsburgh will appeal.

PA Supreme Court: Attorneys Still on the Hook

Attorneys are expected to act as zealous advocates for their clients. As such, attorneys often pursue claims on behalf of their clients even when the legal theory of recovery is unclear or the facts developed in discovery favor a defense verdict. In some cases, however, attorneys may pursue recovery even where they know that the claims are without merit or the theory of liability is contrary to an established rule of law. When an action is clearly frivolous, the defendants may be entitled to bring an action of their own against both the plaintiffs and counsel for wrongful use of judicial proceedings.

May the 4th Be With You: Philadelphia’s Wage Equity Saga Continues

It is only fitting that, on this day, May the 4th, which has become known colloquially as Star Wars Day, we bring you this update on Philadelphia’s Wage Equity Ordinance saga which could send significant ripples throughout the galaxy.

Philadelphia Wage History Law Subject to Temporary Court Stay

Philadelphia’s Wage History Ordinance may not go into effect as scheduled on May 23, 2017. It is subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction brought by the Chamber of Commerce for Greater Philadelphia.

Philadelphia Law Prohibiting Inquiries into Salary History

The Chamber of Commerce for Greater Philadelphia is challenging the constitutionality of Philadelphia’s Wage History Ordinance in the U.S. District Court for the Eastern District of Pennsylvania. It also seeks a preliminary injunction of the Ordinance, which is scheduled to take effect on May 23, 2017. Click here to read the full article on this ordinance and its implications for employers.

Philadelphia Pay Equity Ordinance Stayed . . . Temporarily

On April 6, 2017, the Chamber of Commerce for Greater Philadelphia filed suit in the United States District Court for the Eastern District of Pennsylvania, seeking to block Philadelphia’s recently-enacted wage equity ordinance. The ordinance, which prohibits employers from inquiring about prospective employees’ wage histories, was set to go into effect on May 23, 2017. On April 19, 2017, however, Judge Mitchell S. Goldberg issued an order temporarily staying the May 23 effective date pending resolution of the chamber’s motion for preliminary injunction. Judge Goldberg further ordered the parties to address whether the chamber has standing to bring suit.

The City of Philadelphia Has Agreed To Stay The Enforcement of The Philadelphia Wage Equity Ordinance Pending Resolution of Court Challenge

The City of Philadelphia has agreed to stay the enforcement of the Philadelphia Wage Equity Ordinance, which was to take effect on May 23, 2017, and be codified in the Philadelphia Code at Sections 9-1103((1)(i) and 9-1131. The Ordinance has generated controversy because it bans employers who do business in Philadelphia from asking prospective employees about their wage or benefits history.

Business Group Challenges Constitutionality of Philadelphia Wage History Ordinance

The Chamber of Commerce for Greater Philadelphia is challenging the constitutionality of Philadelphia’s Wage History Ordinance in the U.S. District Court for the Eastern District of Pennsylvania. It also seeks a preliminary injunction of the Ordinance, which is scheduled to take effect on May 23, 2017.

Workplace Discrimination and Gun Rights: The Confluence of Two Hot Button Issues in Pennsylvania

On January 23, 2017, a noteworthy and interesting bill was introduced in the Pennsylvania General Assembly. House Bill 38, which was introduced and sponsored by fifteen (15) State Representatives, is aimed at expanding the scope of the Pennsylvania Human Relations Act (“PHRA”) to preclude and protect individuals from workplace discrimination stemming from the lawful ownership, use, possession, transportation and storage of a firearm.

Un-Brotherly Love: The Commonwealth Seeks to Preempt Philadelphia’s Wage Equity Ordinance Before It Takes Effect

The ink has yet to dry on Philadelphia’s newly-passed Wage Equity Ordinance and the Pennsylvania Senate has already passed a Bill that would preempt Philadelphia’s new law.

Philadelphia Mayor Signs into Law Legislation to Ban Inquiries into Wage History – Update

On January 23, 2017, Philadelphia Mayor Kenney signed the Wage History Ordinance into law, making Philadelphia the first major U.S. city to make it illegal for employers to inquire about a potential employee’s salary history.

Philadelphia to Prohibit Asking Job Applicants About Their Prior Wage History

Executive Summary: The City of Philadelphia amended its Fair Practices Ordinance (Ordinance) on January 23, 2017, to prohibit employers from inquiring about an applicant’s wage history during the hiring process. The law is the first of its kind adopted by a city in the United States and takes effect on May 23, 2017.

Philadelphia’s Wage Equity Bill Set To Go Into Effect On May 23, 2017

Mayor Jim Kenney signed the Philadelphia Wage Equity Bill into law on Monday, January 23, 2017. It will take effect on May 23, 2017, and be codified in the Philadelphia Code at Sections 9-1103((1)(i) and 9-1131. Under the new law, employers may not ask about a prospective employee’s wage and fringe benefits history or rely on such information in setting compensation and benefits. The new law is modeled after a Massachusetts statute, and is intended to narrow the gender wage gap by preventing employers from setting pay based in whole or in part on an applicant's wages and benefits at a prior job, unless the applicant wants to disclose it.

Past Pay Now Private In Philadelphia: Employers Can’t Make Wage History Inquiries During Hiring

Philadelphia has become the first city in the United States to prohibit employers from inquiring about a prospective employee’s wage history during the hiring process. Philadelphia Bill No. 160840, also known as the “wage equity ordinance,” was passed by the City Council on December 8, 2016 and signed by Mayor Jim Kenney late yesterday. It will take effect on May 23, 2017 (120 days from the date of signing).

MIND THE (PAY) GAP: PHILADELPHIA EMPLOYERS SOON WILL BE PROHIBITED FROM INQUIRING ABOUT WAGE HISTORY DURING HIRING PROCESS

Philadelphia will soon be the first city in the United States to have a law prohibiting employers from inquiring about a prospective employee’s wage history at any point during the hiring process. Philadelphia Bill No. 160840, the “wage equity ordinance,” which was read and passed by the City Council on December 8, 2016, will take effect 120 days from the date is it signed into law.

Philadelphia Passes Ordinance Prohibiting Wage History Inquiries

On December 8, 2016, the Philadelphia City Council unanimously passed a citywide wage equity ordinance that, once signed, will prohibit employers from inquiring into applicants’ wage histories. Mayor Jim Kenny has already signaled his support for the bill, which is expected to take effect 120 days after its eventual signing.

Philadelphia Poised to Restrict Salary History Questions in Hiring Process

A new Philadelphia law would ban employers from asking job applicants about their salary history, subject to very limited exceptions. The Philadelphia City Council unanimously passed the Wage History Ordinance, which not only restricts salary history questions but also prohibits employers from conducting independent research to find an applicant's salary history.

The Philadelphia Wage Equity Bill Will Ban Employers From Asking Prospective Employees About Their Past Wages and Fringe Benefits

On December 8, 2016, the Philadelphia City Council passed a Wage Equity Bill that prohibits employers from asking about a prospective employee’s wage and fringe benefits history.1 The Bill has been publicly supported by Philadelphia Mayor Jim Kenney’s Office, but has not yet been signed it into law. If signed, the Bill will become effective 120 days later.

Philadelphia to Restrict Wage History in Hiring Decisions

A new Philadelphia ordinance restricting the use of wage history in hiring decisions has passed the City Council. Mayor Jim Kenney is expected to sign the bill into law soon. The ordinance will prohibit employers from inquiring about and considering prospective employees’ wage histories, subject to limited exceptions.

Sexual Orientation Discrimination Claims Under TITLE VII Won’t Be Dismissed…in the U.S. District Court for the Western District of Pennsylvania

The EEOC is on a mission to expand the scope of Title VII to prohibit employers from discriminating against employees on the basis of sexual orientation, and that mission has been accomplished (for now) in the United States District Court for the Western District of Pennsylvania. Writing for the Court on Friday, November 4, 2016, Judge Cathy Bissoon denied an employer’s Motion to Dismiss a former employee’s claim for sexual orientation discrimination under Title VII and effectively expanded the scope of Title VII to an area not before covered by Federal Courts within the Commonwealth of Pennsylvania.

Pennsylvania and DOL Collaborate in Employee Misclassification Enforcement Efforts

The Pennsylvania Department of Labor and Industry recently signed a three-year memorandum of understanding (MOU) with the U.S. Department of Labor’s (DOL) Wage and Hour Division designed to prevent employees from being misclassified as independent contractors and other wage-and-hour violations. The MOU, available on the DOL’s website, outlines the following collaborative enforcement activities between the two agencies: (a) joint investigations in the Commonwealth of Pennsylvania; (b) coordination and assistance regarding enforcement activities within the Commonwealth; and (c) “referrals of potential violations of each other’s statutes.”

Philadelphia's New Wage Theft Ordinance: What Employers Need to Know

On July 1, 2016, the Philadelphia Wage Theft Ordinance went into effect. The Ordinance creates a new avenue for complaints alleging nonpayment of wages or “wage theft,” and the position of “Wage Theft Coordinator” to facilitate enforcement.

It’s (Not So) Sunny in Philadelphia [for Employers]: City Enacts New Prohibitions on Credit Checks

A new Philadelphia ordinance amending the City’s Fair Practices Act goes into effect on July 7, 2016. The amendment severely limits an employer’s ability to procure and use credit information on most applicants and employees and also limits references to credit checks on an employer’s background check disclosure and authorization forms. With these new provisions, Philadelphia continues to vie with New York City for the title of the country’s most draconian background check law.

Philadelphia Ordinance Restricting Credit Checks on Job Applicants, Employees Effective July 7

Effective July 7, 2016, a new City of Philadelphia ordinance will restrict the use of credit checks and credit-related information. With certain exemptions, the ordinance prohibits covered employers in Philadelphia from discriminating against job applicants and employees because of negative credit history.

Philadelphia’s Tough New Anti-Wage Theft Law Effective July 1

Effective on July 1, 2016, the City of Philadelphia’s Wage Theft Law imposes higher penalties for violations than currently are imposed by the state’s anti-wage theft law, provides for a private right of action for alleged violations, and creates the position of Wage Theft Coordinator within the City’s Managing Director’s Office.

Philadelphia Becomes the First Jurisdiction in 2016 to Restrict Employers from Using Credit Information in Employment Decisions

On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant’s or employee’s credit history for employment purposes. Philadelphia joins the growing list of jurisdictions that have enacted similar laws: California, Chicago, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, New York City, Oregon, Vermont, and Washington.1 The Philadelphia legislation goes into effect July 1, 2016.

Pennsylvania Employee Proceeds With Invasion of Privacy Claim Arising Out Of Positive Drug Test Result

A federal court in Pennsylvania has allowed an employee to proceed with a wrongful discharge/invasion of privacy claim related to her discharge after a positive drug test result. Wilkinson v. Marvin E. Klinger, Inc., Case No. 4:15-cv-01916, 2016 U.S. Dist. LEXIS 58340 (M.D. PA. May 3, 2016).

Pennsylvania's Medical Marijuana Act Leaves Employers' Ability to Enforce Strict Drug-Free Workplace Policies Hazy

On April 17, 2016, Pennsylvania Governor Tom Wolf signed legislation authorizing the use of medical marijuana (the Medical Marijuana Act or MMA) in Pennsylvania.

Pennsylvania’s New Medical Marijuana Law: What Employers Need to Know

On April 17, 2016, Pennsylvania Governor Tom Wolf signed Senate Bill 3 (SB3), otherwise known as the Medical Marijuana Act, which legalizes the prescription and use of medical marijuana by persons with a “serious medical condition” in the Commonwealth of Pennsylvania. Under Pennsylvania’s Medical Marijuana Act, only persons with a specified “serious medical condition” may be prescribed or use medical marijuana, and recreational use of marijuana remains prohibited. The act, which includes certain provisions specific to employers, will go into effect on May 17, 2016, leaving little time for employers to become familiar with the requirements set forth in this lengthy law. Fortunately, these employer-specific provisions can be succinctly described as follows: (1) An employer may not discriminate against an employee based solely on the employee’s status as an individual who is certified to use medical marijuana; (2) certain exceptions to the antidiscrimination provision exist; and (3) employers are not required to accommodate the use of medical marijuana in the workplace.

Pennsylvania Legalizes Medical Marijuana

Pennsylvania has become the 25th state to legalize medical marijuana for people suffering from certain chronic health conditions, including terminal illnesses.

Pennsylvania Enacts Medical Marijuana Law

Pennsylvania Governor Tom Wolf signed legislation that legalizes the use of marijuana for medicinal uses on April 17, 2016. The new law, Senate Bill 3, known as “The Medical Marijuana Act” permits patients suffering from ALS, autism, cancer, Crohn’s disease, nerve damage, epilepsy, glaucoma, HIV/AIDS, Huntington’s Disease, inflammatory bowel syndrome, intractable seizures, multiple sclerosis, Parkinson’s disease, post-traumatic stress disorder, severe chronic or intractable pain and sickle cell anemia to use marijuana for medicinal use. Medical marijuana only may be dispensed in the following forms: pill, oil, topical forms (including gel, creams or ointments), vaporization or nebulization, tincture or liquid. Smoking marijuana is not permitted under the law.

Pennsylvania Governor Issues Executive Orders Protecting LGBT Rights

Pennsylvania Governor Tom Wolf has signed two executive orders protecting the rights of lesbian, gay, bisexual, and transgender (“LGBT”) individuals. The first executive order covers discrimination by state agencies, and the second applies to state contractors as well as companies who receive state grants.

Philadelphia Criminal Background Checks – Fair Chance Hiring Law Poster

On March 14, 2016, Philadelphia’s so-called “ban the box” law, the Philadelphia Fair Criminal Records Screening Ordinance, became effective.1 With it came the release of a mandatory new poster restating the major elements of what is now called “Philadelphia’s Fair Chance Hiring Law.” The Ordinance requires that employers display the new poster “in a conspicuous place on the employer’s website and premises, where applicants and employees will be most likely to notice and read it.”

The Philadelphia Ban-the-Box Poster is Here: The Ins and Outs of the Posting Requirement

The Philadelphia Commission on Human Relations has released the poster employers are required to display under the new amendments to Philadelphia’s “ban the box” law, the Fair Criminal Records Screening Standards Act. The poster must be displayed as of Monday March 14, 2016, the date the new amendments take effect. The ordinance requires that the poster be displayed “in a conspicuous place on the employer’s website and premises, where applicants and employees will be most likely to notice and read it.”

Are Pennsylvania Employers Safe to Prohibit Recordings in the Workplace?

In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes wear—devices with the ability to record audio and video in the workplace. Faced with the presence of such technological devices, employers often prohibit employees from any and all recording in the workplace. Employees, on the other hand, may seek to record activity in the workplace to, for example, document unsafe workplace conditions, publicize the terms and conditions of their employment, or gather evidence to support legal claims. These competing interests—corporate and individual—create a conflict between the rights of employers and employees regarding recordings in the workplace.

Philadelphia’s Amended Ban-the-Box Law Effective March 14

Amendments to Philadelphia’s “Ban the Box” legislation, the Fair Criminal Records Screening Standards, will go into effect on March 14, 2016.

Pittsburgh Paid Sick Days Act Update: Union Appeals Court’s Decision Invalidating the Act

The Service Employees International Union Local 32 BJ (“SEIU”) has appealed the December 21, 2015, Order of the Allegheny County Court of Common Pleas invalidating the Pittsburgh Paid Sick Days Act (“PSDA”), the ordinance requiring all employers of employees within the Pittsburgh city limits to provide paid sick leave to all full- and part-time employees.

Pennsylvania Court Strikes Down Lifetime Ban of Employees with Certain Convictions from Working in Nursing Homes

The Commonwealth Court in the case of Tyrone Peake et al. v. Commonwealth of Pennsylvania has invalidated a provision of the Older Adults Protective Services Act. The Act bars individuals accused of serious crimes, such as murder and rape, from being employed in health care facilities like nursing homes, which provide services to the elderly and infirm.

Judge Strikes Down Pittsburgh Paid Sick Days Act

The Court of Common Pleas of Allegheny County has invalidated the Pittsburgh Paid Sick Days Act (“PSDA”), the ordinance requiring all employers of employees within the Pittsburgh city limits to provide paid sick leave to all full- and part-time employees.

Pittsburgh's Paid Sick Days Ordinance is Found to be Invalid and Unenforceable

In a ruling issued December 21, 2015, a trial court judge held that the City of Pittsburgh did not have the authority under state law to enact the Paid Sick Days Ordinance that Pittsburgh's City Council passed on August 3, 2015. It remains to be seen whether the City of Pittsburgh will appeal this decision.

Philadelphia Expands Ban-the-Box Legislation

Amendments to Philadelphia’s “Ban the Box” legislation, the Fair Criminal Records Screening Standards, were signed into law by Mayor Michael Nutter on December 15, 2015. The amendments to Philadelphia’s ordinance, which take effect on March 14, 2016, expand the reach of existing law to more businesses. They also restrict the look-back period for background checks and reliance on criminal records as a basis for rejecting applicants for employment, imposing new obligations and legal risk on employers doing business in Philadelphia.

Philadelphia Goes Beyond Ban the Box

On December 15, 2015, Mayor Michael Nutter signed a bill amending Philadelphia’s “ban the box” law, formally titled the Fair Criminal Records Screening Standards Ordinance, which was enacted in 2011. With these amendments, Philadelphia’s ordinance joins New York City’s Fair Chance Act as one of the most expansive and restrictive ban the box laws in the country. The legislative intent of the ordinance is to mandate that employers consider the whole person and the relation of the offense to the duties of the position sought before making a hiring decision. In furtherance of this goal, the amendments expand the ordinance’s scope and add a number of requirements and prohibitions with which employers must comply. The amendments will become effective on March 14, 2016 and will be enforced by the Philadelphia Commission on Human Relations.

Beyond “Ban the Box” – Philadelphia Makes Sweeping Changes to Criminal Records Screening Ordinance

On December 15, Mayor Michael Nutter signed sweeping amendments to Philadelphia’s so-called “ban the box” law, the Philadelphia Fair Criminal Records Screening Ordinance.1 In enacting the amendments, Philadelphia joins a growing number of jurisdictions, including most recently Portland and New York City,2 mandating that employers revise their entire criminal record screening programs, not just modify or remove the criminal records question on their employment applications. The amendments are set to become effective March 14, 2016.

Lawsuit Delays Effective Date of Pittsburgh Paid Sick Days Act to March 2016

The Pittsburgh Paid Sick Days Act (“PSDA”) and the implementing regulations, which were released in October, were to become effective on January 11, 2016. Instead, because of a lawsuit against the City, this date has been extended by 60 days, to March 10, 2016. (For details of the PSDA, see our article, Pittsburgh Paid Sick Days Act Effective 2016, Notices Available.)

Pittsburgh Paid Sick Days Act Effective 2016, Notices Available

The Pittsburgh Paid Sick Days Act (“Ordinance”) requires all employers of employees within the Pittsburgh city limits to provide paid sick leave to all full- and part-time employees. The Ordinance is effective January 11, 2016.

Pittsburgh Paid Sick Days Ordinance: Notices Published and January Effective Date Set

When the City of Pittsburgh enacted the Paid Sick Days Ordinance in August 2015, it delayed the effective date until the City Controller’s Office posted regulations and notice information for employers.1 The Controller’s Office published the required notices and a series of FAQs on October 12, 2015.2 As a result, the Paid Sick Days Ordinance will take effect January 11, 2016.

Pittsburgh City Council Approves Amended Paid Sick Leave Bill

On August 3, 2015, less than one month after the introduction of the original bill, the Pittsburgh City Council passed an amended bill requiring virtually all employers within the city to provide paid sick leave. Pittsburgh is the second Pennsylvania city to approve a paid sick leave measure this year, following Philadelphia's enactment of the Promoting Healthy Families and Workplaces Ordinance in February 2015.1 With the passage of this bill, which Mayor Bill Peduto intends to sign, Pittsburgh will become the 20th major city2 to mandate that the majority of its employers provide paid sick leave to employees, joining California, Connecticut, Massachusetts and Oregon, and a number of major localities.3

Pittsburgh City Council Approves Amended Paid Sick Leave Bill

On August 3, 2015, less than one month after the introduction of the original bill, the Pittsburgh City Council passed an amended bill requiring virtually all employers within the city to provide paid sick leave. Pittsburgh is the second Pennsylvania city to approve a paid sick leave measure this year, following Philadelphia's enactment of the Promoting Healthy Families and Workplaces Ordinance in February 2015.1 With the passage of this bill, which Mayor Bill Peduto intends to sign, Pittsburgh will become the 20th major city2 to mandate that the majority of its employers provide paid sick leave to employees, joining California, Connecticut, Massachusetts and Oregon, and a number of major localities.3

Philadelphia Gets Sick Time Fever

Paid sick time laws are spreading across the country, with more and more municipalities adopting ordinances requiring employers to give employees paid sick time.

Philadelphia Enacts Paid Sick Leave Ordinance

Executive Summary: On February 12, 2015, the Philadelphia City Council passed, and Mayor Michael A. Nutter promptly signed into law, the Promoting Healthy Families and Workplaces Ordinance ("Ordinance"). With this Ordinance, Philadelphia becomes the latest in a long list of municipalities,[1] in addition to the states of California, Connecticut, and Massachusetts, which have passed laws mandating paid sick leave for employees.

Philadelphia Mayor Signs New “Promoting Healthy Families and Workplaces” Ordinance

On February 12, 2015, Philadelphia Mayor Michael Nutter signed legislation requiring certain employers in the city of Philadelphia to provide up to five days of paid sick leave each calendar year to their employees. The ordinance, titled “Promoting Healthy Families and Workplaces,” goes into effect on May 13, 2015.

Philadelphia Local Minimum Wage Increase for City Contractors: Continuing Trend of Municipal Action on Workplace Law

Yesterday Philadelphia Mayor Michael A. Nutter, acting by Executive Order, raised the minimum wage that must be paid by firms working on City contracts, receiving City financial assistance or operating under a City lease or franchise. The Order raises minimum wages for subcontractors beginning in a couple of weeks, and then it will move to $12 per hour in 2015.

Deadline for Philadelphia Employers to Post New Notice of Rights for Pregnant Employees is Approaching

his Sunday, April 20, marks the deadline by which Philadelphia employers must provide their employees with written notice of a recent amendment to Philadelphia’s Fair Practices Ordinance. The amendment provides additional protections to pregnant employees.

Philadelphia Narrowly Rejects Paid Sick Leave Law as Proposal Gains Strength in NYC

Paid sick leave is a hot item on the legislative agenda. There is currently no federal law requiring employers to provide paid sick leave, although such a proposal was reintroduced last month. Only one state, Connecticut, requires employers to provide paid sick leave. Now cities are stepping up to enact paid sick leave laws, so employers must remain on alert.

Pennsylvania Becomes The Latest State To Require E-Verify

The Public Works Employment Verification Act, signed into law on July 5, 2012, requires all contractors and subcontractors on public-works projects with the State of Pennsylvania (regardless of tier but excluding material suppliers) to use E-Verify for all newly hired employees. The new requirement takes effect on January 1, 2013.

City of Philadelphia Issues Guidelines Related to New Sick Leave Ordinance for City Contractors

The City of Philadelphia has recently issued guidelines expanding on the recent amendment to its minimum wage and benefit ordinance, the Philadelphia 21st Century Minimum Wage Standard, which requires covered employers to provide paid sick leave to all full-time, non-temporary, non-seasonal employees.

New Philadelphia Law Restricts Criminal Records Inquiry On Employment Applications

On April 13, 2011, Philadelphia Mayor Michael A. Nutter signed the Fair Criminal Screening Standards Ordinance, which will change both the application and screening processes for entities with employees working in Philadelphia. This ordinance will become effective on July 12, 2011.

New Legislation Expands Philadelphia’s Fair Practices Ordinance

On March 24, 2011, Mayor Nutter signed legislation amending the Philadelphia Fair Practices Ordinance, which prohibits discrimination in employment, housing, and public accommodation. The amendments to the Ordinance, which take effect on June 22, 2011, create new protected classes, clarify and reorganize the Philadelphia Commission on Human Relations’ procedures, expand the remedies available to complainants and strengthen the Commission’s enforcement authority. The amendments also expand the definition of “employer” to include any person who does business in Philadelphia through employees, any public agency or authority, and any agency, authority or instrumentality of the Commonwealth of Pennsylvania.

Philadelphia Mayor Signs New "Ban the Box" Law

City of Philadelphia Mayor Michael Nutter recently signed legislation prohibiting employers from making certain inquiries into the criminal history of a job applicant. The legislation, dubbed the “Ban the Box” law after the check box on job applications asking individuals if they have ever been convicted of a crime, prohibits employers from:

New Pennsylvania Mine Safety Law?

Pennsylvania legislators have been busy drafting comprehensive legislation to overhaul the state’s mine safety law. The nearly 100-page long product of their efforts is Senate Bill 949. S.B. 949 was introduced in Harrisburg on January 11th. It is reportedly a collaborative effort that enjoys the support of a number of vital constituencies – miners, operators and regulators within the Rendell Administration.
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