Employment Law Information Network
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A Pennsylvania Appeals Court affirmed an order granting unemployment benefits to a medical marijuana user who was terminated by his employer for a positive drug test. The Pittsburgh Water and Sewer Auth. v. Unemployment Comp. Bd. of Review, Case No. 228 C.D. 2020 (Commw. Ct. Pa. Nov. 18, 2020).
The
Citing a resurgence of COVID-19 cases in Pennsylvania with significantly higher daily case counts than in the spring and rising hospitalizations, Commonwealth Secretary of Health Dr.
In October 2020, both Allegheny County, Pennsylvania and the City of Pittsburgh passed Creating a Respectful and Open Workplace for Natural Hair (CROWN) Acts, which prohibit discrimination based on hairstyle and “protective and cultural hair textures and hairstyles” (i.e., those that are commonly associated with certain groups that are
On September 25, 2020, the U.S. District Court for the Eastern District of Pennsylvania became the first federal court in the Third Circuit to rule that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to bring a private lawsuit against his or her employer for taking an adverse employment action
The Pennsylvania Department of Labor and Industry’s (DLI) amendments to the regulations that exempt executive, administrative, and professional (so-called “white collar”) salaried workers from overtime requirements under the Pennsylvania Minimum Wage Act of 1968 (PMWA) went into effect on October 3, 2020. The amended regulations were originally approved on January
Philadelphia workers who are not covered by federal sick leave laws, such as the Families First Coronavirus Response Act (FFCRA), are entitled to paid sick leave benefits under the new public health emergency leave bill (amending Chapter 9-4100 of the Philadelphia Code) signed by Mayor Jim Kenney. The new leave
This past weekend, Governor Tom Wolf’s new legislation went into effect, expanding Pennsylvania’s Minimum Wage Act (MWA) regulating overtime pay. The legislation increases the minimum salary an employee can earn and still be eligible for overtime.
The Pennsylvania Department of Labor and Industry (DLI) published its final rule to substantially increase the salary threshold for qualifying as an exempt Executive, Administrative and Professional (EAP) employee under the Pennsylvania Minimum Wage Act (PMWA). The regulation increases the EAP salary threshold under Pennsylvania law to:
A Pennsylvania federal court refused to dismiss an employee’s claim for violation of the Pennsylvania Medical Marijuana Act (MMA), reasoning that the Pennsylvania Supreme Court is likely to recognize a private cause of action under the MMA. Hudnell v. Jefferson University Hospitals, Inc., Civil Action No. 20-01621 (E.D. Pa. Sept.
On September 17, 2020, six months after Mayor Jim Kenney issued Executive Order 3-20, a Declaration of Emergency Related to the Known and Potential Presence of the Novel Coronavirus COVID-19 in Philadelphia, he signed into law Bill No. 200303, a temporary amendment expanding the City of Philadelphia’s paid sick leave
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
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
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.
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.
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.
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