On April 17, 2016, Pennsylvania Governor Tom Wolf signed legislation authorizing the use of medical marijuana (the Medical Marijuana Act or MMA) in Pennsylvania.
Articles About Pennsylvania Labor And Employment Law.
Pennsylvania Enacts Medical Marijuana Law
Pennsylvania Governor Tom Wolf signed legislation that legalizes the use of marijuana for medicinal uses on April 17, 2016. The new law, Senate Bill 3, known as “The Medical Marijuana Act” permits patients suffering from ALS, autism, cancer, Crohn’s disease, nerve damage, epilepsy, glaucoma, HIV/AIDS, Huntington’s Disease, inflammatory bowel syndrome, intractable seizures, multiple sclerosis, Parkinson’s disease, post-traumatic stress disorder, severe chronic or intractable pain and sickle cell anemia to use marijuana for medicinal use. Medical marijuana only may be dispensed in the following forms: pill, oil, topical forms (including gel, creams or ointments), vaporization or nebulization, tincture or liquid. Smoking marijuana is not permitted under the law.
Pennsylvania Governor Issues Executive Orders Protecting LGBT Rights
Pennsylvania Governor Tom Wolf has signed two executive orders protecting the rights of lesbian, gay, bisexual, and transgender (“LGBT”) individuals. The first executive order covers discrimination by state agencies, and the second applies to state contractors as well as companies who receive state grants.
Philadelphia Criminal Background Checks – Fair Chance Hiring Law Poster
On March 14, 2016, Philadelphia’s so-called “ban the box” law, the Philadelphia Fair Criminal Records Screening Ordinance, became effective.1 With it came the release of a mandatory new poster restating the major elements of what is now called “Philadelphia’s Fair Chance Hiring Law.” The Ordinance requires that employers display the new poster “in a conspicuous place on the employer’s website and premises, where applicants and employees will be most likely to notice and read it.”
Philadelphia’s Amended Ban-the-Box Law Effective March 14
Amendments to Philadelphia’s “Ban the Box” legislation, the Fair Criminal Records Screening Standards, will go into effect on March 14, 2016.
Pennsylvania Court Rules Background Screening Law Unconstitutional
On December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in nursing homes and long-term care facilities to be unconstitutional on its face, under its interpretation of the Pennsylvania state constitution.1 Specifically, the court held that the lifetime ban provisions violate a convicted individual’s due process rights because the individual is penalized for engaging in conduct that may have happened decades ago and is presumed unfit for the jobs at issue. The court also concluded that the law’s lifetime ban on the ability of convicted individuals to work for these types of employers is not “substantially related” to the purpose set out in the Act, which is to protect older persons from abuse, neglect and exploitation.
Pittsburgh Paid Sick Days Act Update: Union Appeals Court’s Decision Invalidating the Act
The Service Employees International Union Local 32 BJ (“SEIU”) has appealed the December 21, 2015, Order of the Allegheny County Court of Common Pleas invalidating the Pittsburgh Paid Sick Days Act (“PSDA”), the ordinance requiring all employers of employees within the Pittsburgh city limits to provide paid sick leave to all full- and part-time employees.
Pennsylvania Court Strikes Down Lifetime Ban of Employees with Certain Convictions from Working in Nursing Homes
The Commonwealth Court in the case of Tyrone Peake et al. v. Commonwealth of Pennsylvania has invalidated a provision of the Older Adults Protective Services Act. The Act bars individuals accused of serious crimes, such as murder and rape, from being employed in health care facilities like nursing homes, which provide services to the elderly and infirm.
Judge Strikes Down Pittsburgh Paid Sick Days Act
The Court of Common Pleas of Allegheny County has invalidated the Pittsburgh Paid Sick Days Act (“PSDA”), the ordinance requiring all employers of employees within the Pittsburgh city limits to provide paid sick leave to all full- and part-time employees.
Pittsburgh’s Paid Sick Days Ordinance is Found to be Invalid and Unenforceable
In a ruling issued December 21, 2015, a trial court judge held that the City of Pittsburgh did not have the authority under state law to enact the Paid Sick Days Ordinance that Pittsburgh’s City Council passed on August 3, 2015. It remains to be seen whether the City of Pittsburgh will appeal this decision.
Philadelphia Expands Ban-the-Box Legislation
Amendments to Philadelphia’s “Ban the Box” legislation, the Fair Criminal Records Screening Standards, were signed into law by Mayor Michael Nutter on December 15, 2015. The amendments to Philadelphia’s ordinance, which take effect on March 14, 2016, expand the reach of existing law to more businesses. They also restrict the look-back period for background checks and reliance on criminal records as a basis for rejecting applicants for employment, imposing new obligations and legal risk on employers doing business in Philadelphia.
Consideration Required to Bind Existing Employees to Noncompetes, Pennsylvania Supreme Court Holds
The Pennsylvania Supreme Court has ruled that a non-compete signed during the course of employment, without additional consideration, is not enforceable even though the agreement stated that the parties “intend to be legally bound.” Socko v. Mid-Atlantic Systems of CPA, Inc.
Pennsylvania Supreme Court Holds Uniform Written Obligations Act Does Not Allow Employer To Enforce Noncompete Unsupported By Consideration
In Socko v. Mid-Atlantic Systems of CPA, Inc. (No. J-40-2015), the Pennsylvania Supreme Court ruled on an issue of first impression: whether the state’s Uniform Written Obligations Act (“UWOA”) allows employers to enforce a noncompete given to an employee while already employed without providing consideration. On November 18, 2015, the high court affirmed a Pennsylvania Superior Court’s May 2014 decision, ruling that without valuable consideration, noncompetes are unenforceable.
Lawsuit Delays Effective Date of Pittsburgh Paid Sick Days Act to March 2016
The Pittsburgh Paid Sick Days Act (“PSDA”) and the implementing regulations, which were released in October, were to become effective on January 11, 2016. Instead, because of a lawsuit against the City, this date has been extended by 60 days, to March 10, 2016. (For details of the PSDA, see our article, Pittsburgh Paid Sick Days Act Effective 2016, Notices Available.)
Pittsburgh Paid Sick Days Ordinance: Notices Published and January Effective Date Set
When the City of Pittsburgh enacted the Paid Sick Days Ordinance in August 2015, it delayed the effective date until the City Controller’s Office posted regulations and notice information for employers.1 The Controller’s Office published the required notices and a series of FAQs on October 12, 2015.2 As a result, the Paid Sick Days Ordinance will take effect January 11, 2016.