On November 19, 2021, the City of Philadelphia announced all City workers must “complete a full schedule of COVID-19 vaccination(s)” by January 14, 2022, or risk losing their jobs. This mandate comes following the City’s announcements requiring all Philadelphia healthcare workers, college students, faculty and staff to be vaccinated by October 15, 2021 and all non-union workers to be fully vaccinated by December 1, 2021.
Articles Discussing General Topics In Pennsylvania Labor & Employment Law.
Eastern District of Pennsylvania Provides Critical Guidance on Pennsylvania Medical Marijuana Act
On October 19, 2021, the U.S. District Court for the Eastern District of Pennsylvania, in Reynolds v. Willert Mfg. Co., LLC, provided important guidance on the protections afforded to certified medical marijuana users by the Pennsylvania Medical Marijuana Act (PMMA).
Pittsburgh Extends Mandatory COVID-19 Paid Sick Leave
On July 29, 2021, Pittsburgh Mayor Bill Peduto signed a COVID-19 paid sick leave ordinance granting emergency paid sick leave for certain employees for COVID-19–related reasons. The ordinance will remain in effect for one year and will expire on July 29, 2022.
Pennsylvania Medical Marijuana Act Did Not Protect Employee Who Was Terminated for Positive Marijuana Test Result
A federal court in Pennsylvania granted an employer’s motion for summary judgment dismissing a former employee’s Pennsylvania Medical Marijuana Act (PMMA) claim because he could not show that his termination was premised solely on his status as a certified user of medical marijuana. Matthew Reynolds v. Willert Mfg. Co., LLC,
Allegheny County, Pennsylvania Enacts Paid Sick Leave with New Ordinance
On September 14, 2021, the Allegheny County Council unanimously approved a new paid sick leave ordinance (the “County Ordinance”) requiring employers with 26 or more employees to provide paid sick leave to its employees. The County Ordinance comes on the heels of a nearly identical paid sick leave law vetoed
Philadelphia Court System Mandates COVID-19 Vaccination for Employees
Philadelphia court employees will be required to get vaccinated against COVID-19 as a condition of continued employment; they must be vaccinated, or offer proof of a medical exception, by November 15, 2021, the First Judicial District (FJD) has announced. Moreover, the FJD will review requests for religious exemptions on a case-by-case basis.
Legislation Aims to Regulate Nurse-to-Patient Ratios in Pennsylvania
Pennsylvania State Senator Maria Collett recently announced the reintroduction of the Patient Safety Act to help set safe nurse-to-patient ratios in Pennsylvania – a problem that has been exacerbated by COVID-19. This legislation is currently being considered by the Senate Health & Human Services Committee and, if passed, will likely
Philadelphia Tweaks Exceptions to August 11, 2021 Indoor Mask Mandate
On August 13, 2021, the Philadelphia Department of Health published a regulation amending its August 11, 2021 order that requires individuals to wear a face mask (with certain exceptions) in indoor settings and at certain large outdoor events in Philadelphia, unless a
Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees
In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA). Palmiter v. Commonwealth Health Sys., Inc., No. 398 MDA 2020, 2021 PA Super. 155 (Pa. Super. Ct. Aug. 5, 2021). This
Pennsylvania Court Holds Medical Marijuana Act Allows Employees to Sue for Discrimination
On August 5, 2021, the Superior Court of Pennsylvania held for the first time that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to sue his or her employer for taking an adverse employment action based on the employee’s status as a certified user of medical marijuana.
In Pennsylvania, Facial Expressions Matter.
A Pennsylvania court recently addressed whether a deponent could be compelled to remove a face mask during his deposition after the deponent refused, citing health concerns. After rescheduling the deposition once, plaintiff’s counsel asked the Court to order the deponent to testify maskless given that he would be doing
Philadelphia Requires Face Masks Indoors and Certain Large Outdoor Events, With Limited Exceptions, Unless All Present Are Vaccinated
On August 11, 2021, Philadelphia Mayor Jim Kenney and Acting Health Commissioner Cheryl Bettigole issued an Order effective immediately that requires individuals to wear a face mask (with certain exceptions) in any indoor setting and at certain large outdoor events in Philadelphia, unless all present are required to be
Pennsylvania Appellate Court Affirms State Medical Marijuana Law Provides Private Right Of Action
The Pennsylvania Superior Court has found, as a matter of first impression, that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA), including a wrongful discharge action. See Scranton Quincy Clinic Company, LLC, et al. v. Pamela Palmiter, Case No. 498 MDA 2020 (Pa.
Philadelphia Requires Faces Masks Indoors and Certain Large Outdoor Events, With Limited Exceptions, Unless All Present Are Vaccinated
On August 11, 2021, Philadelphia Mayor Jim Kenney and Acting Health Commissioner Cheryl Bettigole issued an Order effective immediately that requires individuals to wear a face mask (with certain exceptions) in any indoor setting and at certain large outdoor events in Philadelphia, unless all present are required to be vaccinated and there is a reasonable process to confirm vaccination status of all present.
Pittsburgh Extends Temporary COVID-19 Paid Sick Leave but Confusion Over Employers’ Obligations Persists
On July 27, 2021, Pittsburgh Mayor Bill Peduto signed Section 626B of the City of Pittsburgh Code—also known as the Temporary COVID-19 Paid Sick Leave Ordinance. Under the Ordinance, employers with over 50 employees must provide up to 80 hours of emergency paid sick leave for full-time employees, and
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