On August 11, 2021, Mayor Jim Kenney announced a new mask mandate for businesses and institutions that do not mandate vaccinations for employees, patrons, and guests within the City of Philadelphia.
Articles About Pennsylvania Labor And Employment Law.
Pennsylvania Governor Repeals New Overtime Rules as Part of Budget Deal
On June 30, 2021, Pennsylvania Governor Tom Wolf signed an approximately $40 billion state budget package. In exchange for increased funding for public schools in the state budget, Governor Wolf agreed to repeal Pennsylvaniaβs new overtime regulations, which were set to increase the minimum salary that employers must pay to
Pittsburgh, Pennsylvania Enacts Another Emergency Paid Sick Leave Ordinance
On July 27, 2021, Mayor Bill Peduto signed a new Temporary COVID-19 Paid Sick Leave Ordinance, which will become Section 626B of the City of Pittsburgh Code. It requires employers with 50 or more employees to provide up to 80 hours of emergency paid sick leave to full-time employees
Pennsylvania Repeals Rule Increasing Salary Threshold for White Collar Exemption and Restores State Law Exemptions to 1968 FLSA Standards
As a result of a compromise reached during recent budget negotiations, Pennsylvania repealed an administrative rule that would have substantially increased the salary threshold needed to qualify as an exempt executive, administrative and professional (EAP) employee under the Pennsylvania Minimum Wage Act (PMWA). Notably, the compromise did not just
Expiration of Philadelphia Public Health Emergency Leave Law
On June 15, 2021, Governor Tom Wolfβs administration certified the results of the May 2021 municipal primary election, and thereby formalized the approval of an amendment to the Constitution of Pennsylvania giving lawmakers the broad new power to extend or end disaster emergency declarations. Because the Philadelphia Public Health Emergency
Recent Amendments to the Pennsylvania Constitution Foreshadow the End of Statewide COVID-19 Orders in Pennsylvania
Pennsylvaniaβs Emergency Management Services Code allows a governor, upon declaring a disaster emergency, to issue orders responding to that emergency. The power to issue such orders ends either when the governor decides the emergency has passed or the legislature, by concurrent resolution, terminates the state of disaster emergency by
PA High Court Deems No-Poach Deal Between Two Businesses Unenforceable
May 4, 2021
The Pennsylvania Supreme Court issued a unanimous decision on Thursday, April 29, 2021, ruling that an agreement between two trucking companies not to poach each otherβs employees was unenforceable and violates public policy. The Court found that the provision was a restraint on trade, which limited competition in the labor market and, consequently, created a probability of harm to the public.
Philadelphia Strengthens Workplace Protections for Victims of Domestic Violence
On May 11, 2021, Philadelphia, Pennsylvania enacted amendments that immediately strengthen workplace protections for victims of domestic violence. Specifically, File No.
Non-Compete News: Open Season? Pennsylvania Supreme Court Invalidates No-Poach Provision Between Businesses
In aΒ recent decisionΒ and case of first impression, Pennsylvaniaβs Supreme Court unanimously affirmed that a no-hire of employees provision between a business and its vendor was unenforceable because it constituted an unreasonable restraint on trade. This continues a nationwide pushback against restrictive covenants and underscores that Pennsylvania strongly disfavors such restrictions unless they are narrowly tailored to protect a legitimate interest and do not harm the public, including innocent third parties.
Philadelphia Will Ban Pre-Employment Marijuana Testing in 2022
The city of Philadelphia, PA. has enacted a law prohibiting employers from testing for marijuana as a condition of employment, effective January 1, 2022.
The new Chapter 9-4700 of the Philadelphia Code states that except as otherwise provided by law, or as provided in the exceptions (listed below) that it
New Criminal Prosecutions Under Pennsylvania Wage Laws Pose a Major Threat to Contractors
The federal Fair Labor Standards Act (FLSA) and some state wage laws contain provisions that impose criminal penalties on violators. These provisions, once rarely used, are taking on new life as government officials have begun leveraging them in recent criminal-enforcement actions.
Philadelphia Bans Employers From Conducting Pre-hire Marijuana Testing
On April 22, 2021, the Philadelphia City Council passed a new ordinance prohibiting employers from conducting pre-hire marijuana testing, which Mayor Jim Kenney signed it into law on April 28, 2021. The new ordinance makes it an unlawful employment practice for employers, labor organizations, or employment agencies to require prospective
COVID Restrictions Will Be Lifted in PA, NJ and DE
Pennsylvania β Mitigation Orders, Except Masking, Will Be Lifted on Memorial Day
On May 4, 2021, the Wolf administration announced that mitigation orders for Pennsylvania will be lifted on Memorial Day, Monday, May 31, 2021, but masks will still be required. The current order requiring Pennsylvanians to wear masks will
Philadelphia Passes Ordinance Banning Marijuana Tests for Many Prospective Employees
On April 22, 2021, the Philadelphia City Council passed a new ordinance prohibiting employers from conducting pre-hire marijuana testing, which Mayor Jim Kenney signed into law on April 28, 2021. The new ordinance will take effect on January 1, 2022 and make Philadelphia the third jurisdiction in the United
Pennsylvania Supreme Court Invalidates No-Hire Provision in Service Contract
The Supreme Court of Pennsylvania recently held unenforceable a no-hire provision in a service contract between a logistics company and a trucking firm. In Pittsburgh Logistics Systems, Inc. v. Beemac Trucking LLC, et. al., the court reasoned that the no-hire provision at issue was overly broad and undermined fair competition