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
Articles Discussing General Topics In Pennsylvania Labor & Employment Law.
Philadelphia: Public Health Emergency Leave; Healthcare Worker Pandemic Pay, Benefits
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
Federal Court Holds Pennsylvania Medical Marijuana Act Provides Private Right of Action
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.
Philadelphia Expands Entitlement to Paid Sick Leave for Workers Not Covered by FFCRA
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
Philadelphia Pandemic Laws Require Additional Paid Leave for Employees and Gig Workers, Other Pay and Benefits for Healthcare Workers
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 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 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.
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.
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