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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:

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.
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