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Pittsburgh's Paid Sick Leave Law Upheld; San Antonio's Law Challenged

The Pennsylvania Supreme Court has upheld a Pittsburgh ordinance that requires private sector employers to provide paid sick leave for any workers employed within the city. The court overturned two lower court rulings against the ordinance, holding that the city has the authority to require paid sick leave for private sector workers.

Pittsburgh’s Paid Sick Days Act Is Now on Course to Take Effect

After a lengthy journey through the Pennsylvania legal system, the City of Pittsburgh’s Paid Sick Days Act is now on course to go into effect. The Act was signed by the Pittsburgh mayor in 2015, but its implementation was delayed due to legal challenges.

Pennsylvania Supreme Court Upholds Pittsburgh's Authority to Enact Paid Sick Leave Ordinance, Revives "Dead" Law

On July 17, 2019, the Pennsylvania Supreme Court held the City of Pittsburgh's Paid Sick Days Act (PSDA) was a valid exercise of the City's "express statutory authority to legislate in furtherance of disease control and prevention."1 Although the decision resolves a nearly four-year battle over whether Pittsburgh had the authority to enact the law—which never took effect due to the legal challenge—it also creates uncertainty for businesses and leaves many pressing questions unanswered.

Paid Sick Days Back on Track in Pittsburgh

The Pennsylvania Supreme Court upheld the Pittsburgh Paid Sick Days Act (“PSDA”) in a decision today, overturning two lower court decisions that found the Act was invalid as an impermissible business regulation.

Pennsylvania Modifies Work-Product Rule

In a recent decision, the Pennsylvania Superior Court clarified the application of the attorney work-product doctrine in the context of an e-mail exchange to a third-party consultant. The decision addresses the question of whether the work-product doctrine in Pennsylvania applies to otherwise confidential communications sent to a public relations company.

Pittsburgh Issues Guidance on Pregnancy Accommodation

Update: The Pittsburgh pregnancy accommodation ordinance has been in effect since March 15, 2019.

Pittsburgh Now Requires Pregnancy Accommodations for Employees and Partners

In major news for employers in Pittsburgh, the City Council just unanimously passed a new ordinance greatly expanding protections for pregnant employees and imposing several new requirements on private employers, much like those under the federal Pregnancy Discrimination Act, Americans with Disabilities Act, and related EEOC guidance.

Philadelphia’s “Fair Workweek” Ordinance Will Impose Scheduling and Hiring Restrictions on Large Retail, Hospitality and Food Service Establishments

On December 6, 2018, the Philadelphia City Council passed the Fair Workweek Employment Standards Ordinance, to become effective on January 1, 2020.1 Under the Ordinance, large retail, hospitality and food service establishments will be required to: (1) give existing employees the right of first refusal to work additional hours before hiring new employees; (2) post and provide advance written notice of work schedules; (3) provide predictability pay for any departures from the posted schedules; and (4) permit a rest period of nine hours between shifts. It is estimated that these new requirements will impact 130,000 workers in Philadelphia.

PA Court Finds No-Hire Clause Between Businesses Invalid

In a precedent-setting move late last week, the Superior Court of Pennsylvania held a no-hire provision appearing in a contract between a Pittsburgh logistics company and a trucking company invalid as an unfair restriction on trade. Lately, antitrust suits – especially those targeting businesses with no-poach/no-hire agreements – have become more and more prevalent as the U.S. Department of Justice and the Federal Trade Commission pledge to crack down on violators. Even more troubling is the private plaintiff’s bar has its own interests in pursuing these cases: guaranteed attorney’s fees and treble damages. That’s right, even the most minimal of cases can result in paid attorney’s fees and triple the computed damages. A number of franchises have already been hit by these suits including Papa Johns, Burger King, and Cinnabon.

Philadelphia Increases Minimum Wage Rate for City Workers and Contractors

On December 20, 2018, Mayor Jim Kenney signed an ordinance that will raise the minimum wage for all Philadelphia municipal government workers, contractors, and subcontractors from the current rate of $12.20 per hour to $15.00 per hour by 2022. Starting in 2019, the minimum wage will gradually increase as follows:
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