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When Hiring For Jobs Located In Philadelphia, Salary History Will Soon Be Off Limits Unless Voluntarily and Willingly Disclosed

The United States Court of Appeal for the Third Circuit has issued its decision upholding the Philadelphia Wage Equity Ordinance, one of the so-called “salary history ban” laws.1 Now that the Third Circuit has issued its decision, employers that have not already done so must begin to prepare for compliance.

Pennsylvania Court Finds Private Right of Action for Employees Under State’s Medical Marijuana Law

Following the lead of other courts around the country, a Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s medical marijuana law. Palmiter v. Commonwealth Health Systems, Inc., 19-CV-1315 (Lackawanna County Nov. 22, 2019).

Third Circuit Lifts Preliminary Injunction and Green Lights Philadelphia’s Salary History Ordinance

On February 6, 2020, the Third Circuit Court of Appeals upheld Philadelphia’s salary history ordinance and reversed the decision of the United States District Court for the Eastern District of Pennsylvania which had held that one of the ordinance’s provisions was unconstitutional. Greater Philadelphia Chamber of Commerce v. City of Philadelphia.1

Court Revives Philadelphia’s Salary History Ban

A federal appeals court just resurrected the salary history ban that will now prevent Philadelphia employers from asking job applicants about how much they are paid or setting new salaries based on pay history. Thanks

Pennsylvania Court Holds Employees May Sue Under Medical Marijuana Act

A Pennsylvania state court held that the state’s Medical Marijuana Act creates a private right of action for medical marijuana users to sue their employers. Pamela Palmiter v. Commonwealth Health Systems, Inc., Civ. Action No. 19 CV 1315 (Pa. Ct. C.P. Lackawanna County, Nov. 22, 2019).

Pittsburgh Paid Sick Days Act Will (Finally) Take Effect – Prepare for the Ides of March

After more than a four-year delay, the City of Pittsburgh’s Paid Sick Days Act (“the Ordinance”) will go into effect on March 15, 2020. The city passed the Ordinance in August 2015,1 but its authority to pass such a law was challenged in court. In July 2019, the Pennsylvania Supreme Court upheld the city’s authority to pass the Ordinance.2 On December 16, 2019, the Mayor’s Office on Equity (“MOE”) released official guidelines on the Ordinance and a sample of the required notice and posting. This process triggered the 90-day countdown to the law's effective date. Below we highlight some more notable guidelines that attempt to clarify the Ordinance's requirements.

Another New Year Resolution – Prepare for the Pittsburgh Paid Sick Days Act

We previously posted about Pittsburgh’s paid sick leave ordinance, the Pittsburgh Paid Sick Days Act (“PSDA”), which the Pennsylvania Supreme Court upheld this past summer after a lengthy legal challenge. Our previous post can be found here.

Fluctuating Workweek Pay Method Not Available in Pennsylvania, State Supreme Court Holds

In a long-awaited decision, the Pennsylvania Supreme Court has concluded that the fluctuating workweek (FWW) pay method is not a proper method of overtime pay calculation under the Pennsylvania Minimum Wage Act (PMWA). Chevalier v. General Nutrition Centers, Inc., 2019 Pa. LEXIS 6521 (Nov. 20, 2019). As a result, the Court affirmed the decisions of the trial court and intermediate appellate court that a class of former non-exempt, store-level managers for General Nutrition Centers were not sufficiently paid for all of the overtime hours that they worked.

New Pennsylvania Law Requires Construction Employers to Use E-Verify

Beginning in October 2020, employers in the construction industry in Pennsylvania will be required to use E-Verify, the federal government’s web-based program that allows employers to verify an employee’s work-authorization electronically.

Pennsylvania Moves One Step Closer to Substantially Increasing White Collar Exemption Salary Threshold

In June 2018 the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to substantially increase the salary threshold to qualify as an exempt Executive, Administrative and Professional (EAP) employee under the Pennsylvania Minimum Wage Act (PMWA), and invited public comment. On October 17, 2019, DLI submitted its final regulation to the state’s Independent Regulatory Review Commission (IRRC) and legislative oversight committees. IRRC will hold a public meeting on November 21, 2019 to decide whether to approve the final regulation. If it is approved, the final regulation would increase the EAP salary threshold under Pennsylvania law to:
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