Philadelphia Mayor Jim Kenney has issued a “Stay at Home” Order, directing residents to remain home, unless working for an “essential” business or engaging in “essential” personal activity.
Articles About Pennsylvania Labor And Employment Law.
In rapid succession, Pennsylvania Governor Tom Wolf ordered the closure of all dine-in restaurants and bars in Allegheny, Bucks, Chester, Delaware, and Montgomery counties, then strongly urged all non-essential Pennsylvania businesses to follow suit and voluntarily cease operations for 14 days to help curb the spread of COVID-19. Philadelphia then announced its own sweeping restrictions on commercial activity.
In an afternoon press conference on March 16, 2020, Pennsylvania Governor Tom Wolf declared that certain non-essential businesses across Pennsylvania “are to close” for at least 14 days to mitigate the spread of COVID-19. In a press release issued later that evening, Governor Wolf reiterated that “we strongly urge non-essential businesses to temporarily close,” noting that his administration was relying on businesses to act now before the governor or the secretary of health finds it necessary to compel closures
Pittsburgh, Pennsylvania’s Paid Sick Days Act will (finally) take effect on March 15, 2020, the effective date triggered when the Mayor’s Office of Equity (“MOE”) released guidelines on December 16, 2019. On February 15, 2020, one month before the ordinance’s effective date, MOE revised some of its guidelines and released a set of long-awaited Frequently Asked Questions.1 In some respects, employers may welcome the revisions and FAQs. However, challenges remain both for companies that want one policy that also complies with the Philadelphia paid sick leave ordinance and for companies with employees based outside of Pittsburgh who regularly travel through the city.
The United States Court of Appeal for the Third Circuit has issued its decision upholding the Philadelphia Wage Equity Ordinance, one of the so-called “salary history ban” laws.1 Now that the Third Circuit has issued its decision, employers that have not already done so must begin to prepare for compliance.
Following the lead of other courts around the country, a Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s medical marijuana law. Palmiter v. Commonwealth Health Systems, Inc., 19-CV-1315 (Lackawanna County Nov. 22, 2019).
On February 6, 2020, the Third Circuit Court of Appeals upheld Philadelphia’s salary history ordinance and reversed the decision of the United States District Court for the Eastern District of Pennsylvania which had held that one of the ordinance’s provisions was unconstitutional. Greater Philadelphia Chamber of Commerce v. City of Philadelphia.1
A Pennsylvania state court held that the state’s Medical Marijuana Act creates a private right of action for medical marijuana users to sue their employers. Pamela Palmiter v. Commonwealth Health Systems, Inc., Civ. Action No. 19 CV 1315 (Pa. Ct. C.P. Lackawanna County, Nov. 22, 2019).
After more than a four-year delay, the City of Pittsburgh’s Paid Sick Days Act (“the Ordinance”) will go into effect on March 15, 2020. The city passed the Ordinance in August 2015,1 but its authority to pass such a law was challenged in court. In July 2019, the Pennsylvania Supreme Court upheld the city’s authority to pass the Ordinance.2 On December 16, 2019, the Mayor’s Office on Equity (“MOE”) released official guidelines on the Ordinance and a sample of the required notice and posting. This process triggered the 90-day countdown to the law’s effective date. Below we highlight some more notable guidelines that attempt to clarify the Ordinance’s requirements.
We previously posted about Pittsburgh’s paid sick leave ordinance, the Pittsburgh Paid Sick Days Act (“PSDA”), which the Pennsylvania Supreme Court upheld this past summer after a lengthy legal challenge. Our previous post can be found here.
In a long-awaited decision, the Pennsylvania Supreme Court has concluded that the fluctuating workweek (FWW) pay method is not a proper method of overtime pay calculation under the Pennsylvania Minimum Wage Act (PMWA). Chevalier v. General Nutrition Centers, Inc., 2019 Pa. LEXIS 6521 (Nov. 20, 2019). As a result, the Court affirmed the decisions of the trial court and intermediate appellate court that a class of former non-exempt, store-level managers for General Nutrition Centers were not sufficiently paid for all of the overtime hours that they worked.
Beginning in October 2020, employers in the construction industry in Pennsylvania will be required to use E-Verify, the federal government’s web-based program that allows employers to verify an employee’s work-authorization electronically.
In June 2018 the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to substantially increase the salary threshold to qualify as an exempt Executive, Administrative and Professional (EAP) employee under the Pennsylvania Minimum Wage Act (PMWA), and invited public comment. On October 17, 2019, DLI submitted its final regulation to the state’s Independent Regulatory Review Commission (IRRC) and legislative oversight committees. IRRC will hold a public meeting on November 21, 2019 to decide whether to approve the final regulation. If it is approved, the final regulation would increase the EAP salary threshold under Pennsylvania law to:
On July 17, 2019, the Pennsylvania Supreme Court held the City of Pittsburgh’s Paid Sick Days Act (PSDA) was a valid exercise of the City’s “express statutory authority to legislate in furtherance of disease control and prevention.”1 Although the decision resolves a nearly four-year battle over whether Pittsburgh had the authority to enact the law—which never took effect due to the legal challenge—it also creates uncertainty for businesses and leaves many pressing questions unanswered.
The Pennsylvania Supreme Court upheld the Pittsburgh Paid Sick Days Act (“PSDA”) in a decision today, overturning two lower court decisions that found the Act was invalid as an impermissible business regulation.