On September 17, 2020, Philadelphia, Pennsylvania Mayor Phil Kenney signed File Number 200303, an amendment to the city’s generally applicable paid sick and safe time law, the Promoting Healthy Families and Workplaces Ordinance (PHFWO). The amendment requires new public health emergency leave (PHEL) for employees, gig workers, and others
Articles About Pennsylvania Labor And Employment Law.
Pennsylvania Federal Judge Finds Governor Wolf’s Pandemic Restrictions Unconstitutional
Pennsylvania’s gathering limitations, business shutdown and stay-at-home orders violate the United States Constitution, according to a federal judge in the Western District of Pennsylvania, who enjoined enforcement of those orders on September 14, 2020.1 While the court acknowledged that the “defendants undertook their actions in a well-intentioned effort to protect
Philadelphia Employers Alert: Wage Equity Ordinance Will Be Enforced Starting September 1
On September 1, 2020, the Philadelphia Commission on Human Relations will begin enforcing a previously-enjoined provision of the city’s Wage Equity Ordinance, which addresses the disparity in the pay of women and minorities.
Out in Public in Pennsylvania? Face Coverings Required!
On July 1, 2020, Pennsylvania Secretary of Health Dr. Rachel Levine signed an order expanding face covering–wearing requirements in Pennsylvania. Under the order, face coverings must now be worn almost any time an individual leaves home, including in most outdoor settings.
Philadelphia Enacts Anti-Retaliation Ordinance for COVID-19 Workplace Complaints
On June 26, 2020, Philadelphia became the first city in the United States to enact legislation specifically protecting workers who make complaints about workplace safety due to COVID-19.
New Pennsylvania COVID-19 Grant Program Helps Employers Provide Hazard Pay to Employees in Life-Sustaining Occupations
On July 16, 2020, Pennsylvania Governor Tom Wolf announced the COVID-19 PA Hazard Pay Grant Program—a $50 million grant aimed to help employers provide hazard pay to “front-line” employees working in sectors that are vital to the state during the pandemic. Pennsylvania’s Department of Community and Economic Development (DCED)
Pennsylvania Supreme Court Addresses Consideration for Noncompetes
In Pennsylvania, noncompetition agreements must, among other things, be supported by adequate consideration to be enforceable. It is well established that an initial offer of employment constitutes adequate consideration. It is also well established that a noncompetition agreement presented to an employee after the start of employment must be supported
Pennsylvania Supreme Court Expands Ability of Certain Employees to Bring Discrimination and Harassment Retaliation Claims under Whistleblower Law
On June 16, 2020, the Pennsylvania Supreme Court opened a new avenue for employees to file retaliation claims. In a majority decision,1 the court held that the Pennsylvania Human Relations Act (PHRA) is not the only pathway for a former employee to pursue a claim for wrongful termination for reporting
Philadelphia Expands Employment Protections for Domestic Workers
Effective May 1, 2020, Philadelphia became the tenth jurisdiction to enact employment legislation to protect domestic workers.1 The Philadelphia Domestic Worker Bill of Rights (DWBR) requires companies and individuals who employ domestic workers to provide them with written employment contracts, meal and rest breaks, and paid and unpaid leave. It
Certain Non-Life-Sustaining Businesses in 37 Pennsylvania Counties Permitted to Reopen, but Must Implement Specific Health and Safety Measures
On May 8, 2020, Pennsylvania Governor Tom Wolf moved 24 counties from the “red” to “yellow” phase under his Process to Reopen Pennsylvania.
Pennsylvania Court Allows Unemployment Benefits For CBD User
A Pennsylvania court affirmed an order of the Unemployment Compensation Board of Review holding a claimant to be eligible for unemployment benefits after her employer terminated her employment for testing positive for marijuana. Washington Health System v. Unemployment Compensation Board of Review, No. 886 C.D. 2019 (May 11, 2020).
The
Certain Businesses in 24 Pennsylvania Counties Permitted to Reopen, but Must Implement Specific Health and Safety Measures
Certain Businesses in 24 Pennsylvania Counties Permitted to Reopen, but Must Implement Specific Health and Safety Measures
On May 1, 2020, Pennsylvania Governor Tom Wolf announced that, effective May 8, 2020, 24 Pennsylvania counties will be moved from the “red” to “yellow” phase under the governor’s Process to Reopen Pennsylvania. The counties are: Bradford, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, Lycoming, McKean, Mercer, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, Union, Venango, and Warren.
Pennsylvania Supreme Court Narrows Independent Contractor Test Under State’s Unemployment Law
On April 22, 2020, the Pennsylvania Supreme Court issued a decision affecting the classification of independent contractors for purposes of the state Unemployment Compensation Law (UCL).
Philadelphia Clarifies City’s WARN Act to Account for COVID-19-Related Closures
Late on April 20, 2020, the City of Philadelphia issued Temporary Emergency Regulations to the Philadelphia Notification of Intention to Close or Relocate Operations ordinance (Philadelphia WARN Act), continuing the trend of changes to state and local WARN obligations in light of the COVID-19 pandemic.1
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