Whistleblower claims of all types generally require proof of three elements; a complaint of conduct believed to be unlawful (protected activity), some form of discipline (an adverse action), and proof that the adverse action was motivated by the protected activity (causation). Oftentimes, the existence of an adverse action (such as
Articles About Pennsylvania Labor And Employment Law.
Pennsylvania Court Holds Employer Must Reimburse Out-of-Pocket Costs For Medical Marijuana
A Pennsylvania Court held that an employer violated the state Workers’ Compensation Act (WCA) by refusing to reimburse an employee for out-of-pocket medical marijuana expenses related to a workplace injury. Fegley v. Firestone Tire & Rubber (Workers’ Comp. Appeal Bd.), 2023 Pa. Commw. LEXIS 26 (Commw. Ct. Mar. 17, 2023).
Philadelphia Issues Rules on COVID Paid Sick Leave, and Revises “During COVID” Rules for Regular and Healthcare Employee Paid Sick Leave
On February 28, 2023, Philadelphia, Pennsylvania’s Department of Labor (PDOL) published regulations concerning three distinct types of job-protected paid leave employers must provide under the Promoting Healthy Families and Workplaces Ordinance (PHFWO). This is the third iteration of what PDOL labels its “supplemental regulation” of the PHFWO.
Pennsylvania Expands Definitions of Race, Sex and Religious Creed in Human Relations Act
On December 8, 2022, Pennsylvania’s Independent Regulatory Review Commission approved amendments to the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act regulations to add a subchapter providing new definitions of race, gender and religious creed under the acts, 16 Pa.
Pennsylvania Federal Judge Tosses Challenge to Employer Jab or Swab Mandate
On August 26, 2022, Chief U.S. District Judge Matthew Brann for the United States District Court for the Middle District of Pennsylvania dismissed a putative class action representing approximately 100 healthcare company employees brought against their employer, Geisinger Clinic. In the suit, the employees challenged their employer’s policy requiring employees
Pennsylvania Adopts New Rules for Tipped Workers and Salaried Employees Who Work a Fluctuating Week to Ensure Proper Compensation for Overtime
On August 5, 2022, prior legislation signed by Gov. Wolf took effect, providing more protections to Pennsylvania workers. Specifically, it includes amendments to the Pennsylvania Minimum Wage Act at 34 Pa. Code Chapter 231.
August 2022 Updates to Pennsylvania’s Overtime Rules for Salaried Nonexempt Employees
On August 5, 2022, new Pennsylvania state wage-and-hour regulations for tipped and salaried nonexempt workers under the Pennsylvania Minimum Wage Act (PMWA) go into effect.
Pennsylvania’s New Requirements for Tipped and Salaried Employees: Common Questions
The Pennsylvania Department of Labor and Industry has implemented new regulations under the Pennsylvania Minimum Wage Act (PMWA) that go into effect on August 5, 2022.
Pennsylvania Regulatory Commission Approves Expansive Tipped Employee Regulations
Bucking the standard that has existed under federal law and in most states for decades, tipped employees in Pennsylvania soon will have to earn more than four times as much in tips before their employers may take a tip credit and pay those employees less than the standard minimum wage.
Philadelphia Enacts COVID-19 Supplemental Paid Sick Leave
On March 10, 2022, Philadelphia Mayor Jim Kenney signed a new ordinance expanding COVID-19 Supplemental Paid Sick Leave (SPSL) until 2023.
The following are answers that employers need to their questions regarding the latest edition of Philadelphia’s SPSL.
When does SPSL become effective?
SPSL became effective on March 9, 2022.
Philadelphia Mayor Signs Bill Providing for COVID-19–Related Paid Leave
On March 10, 2022, Philadelphia Mayor Jim Kenney signed into law the third iteration of the Public Health Emergency Leave law, which will guarantee up to forty hours of paid sick leave (COVID-19 leave) for eligible Philadelphia employees. The COVID-19 leave shall be provided to employees immediately without any waiting
Pittsburgh Issues Important Guidance for Employers Related to Protections for Victims of Domestic Violence
Following the passage of a bill that expanded the City’s anti-discrimination law to include employee “status as a victim of domestic violence,” Pittsburgh recently published additional guidance for employers.
The guidance explains that employers must reasonably accommodate employees who are domestic violence victims, unless they can prove that doing so
COVID-19 Paid Leave Is Back in Philadelphia
The Philadelphia City Council recently passed a third iteration of the Public Health Emergency Leave law that will guarantee up to forty hours of paid sick leave for Philadelphia employees to recover from COVID-19 or avoid exposing others, to care for a family member with COVID-19 or who exhibits symptoms
Pennsylvania Agency Adopts New Rule on Tipped Workers and Calculating Overtime for Nonexempt Salaried Workers
Last fall, the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to update regulations regarding two distinct issues under the Pennsylvania Minimum Wage Act (PMWA): payment of wages to tipped workers and calculating overtime for salaried nonexempt employees. DLI received 273 comments to its proposed rule,
Pittsburgh Expands Workplace Protections for Victims of Domestic Violence
On December 6, 2021, then-mayor of Pittsburgh, Bill Peduto, signed legislation amending the city’s workplace antidiscrimination ordinance to include victims of domestic violence as a protected class. Under the amended ordinance, employers with five or more employees are prohibited from discriminating against individuals based on their actual or perceived status