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Pennsylvania Supreme Court Declares IRE Provision of the Workers’ Compensation Act Unconstitutional

On June 20, 2017, the Pennsylvania Supreme Court found Section 306(a.2) of the Workers’ Compensation Act to be unconstitutional. The decision in Protz v. Workers’ Compensation Appeal Bd. (Derry Area School District) means that indemnity benefits are no longer subject to a cap.

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.

New Rules Regarding Paying Employees by Debit Cards TO TAKE EFFECT MAY 4, 2017

The Pennsylvania General Assembly passed a law (Act 161) in November that amends the Pennsylvania Banking Code to permit the use of payroll debit cards, with certain conditions. Employers who wish to consider the payroll debit card option for paying employees (or who already are doing so) should review the specifics of the law to ensure they are in compliance when this law takes effect on May 4, 2017

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.