On December 8, 2016, the Philadelphia City Council passed a Wage Equity Bill that prohibits employers from asking about a prospective employee’s wage and fringe benefits history.1 The Bill has been publicly supported by Philadelphia Mayor Jim Kenney’s Office, but has not yet been signed it into law. If signed, the Bill will become effective 120 days later.
Articles About Pennsylvania Labor And Employment Law.
A new Philadelphia ordinance restricting the use of wage history in hiring decisions has passed the City Council. Mayor Jim Kenney is expected to sign the bill into law soon. The ordinance will prohibit employers from inquiring about and considering prospective employees’ wage histories, subject to limited exceptions.
Employers in Pennsylvania will be able to pay employee wages using payroll debit cards under an amendment to the banking code signed by Governor Tom Wolf on November 4, 2016. The new legislation goes into effect 180 days following the signing, on May 4, 2017.
On November 4, 2016, Pennsylvania Governor Tom Wolf signed into law a bill that brings the Commonwealth’s law regarding payroll debit cards into the 21st century. The new legislation amends Pennsylvania’s Banking Code, and makes explicit that the use of payroll debit cards is permissible under the law of Pennsylvania, provided the employer and the bank issuing the payroll debit card comply with certain prerequisites.
On July 1, 2016, the Philadelphia Wage Theft Ordinance went into effect. The Ordinance creates a new avenue for complaints alleging nonpayment of wages or “wage theft,” and the position of “Wage Theft Coordinator” to facilitate enforcement.
Effective July 7, 2016, a new City of Philadelphia ordinance will restrict the use of credit checks and credit-related information. With certain exemptions, the ordinance prohibits covered employers in Philadelphia from discriminating against job applicants and employees because of negative credit history.
Effective on July 1, 2016, the City of Philadelphia’s Wage Theft Law imposes higher penalties for violations than currently are imposed by the state’s anti-wage theft law, provides for a private right of action for alleged violations, and creates the position of Wage Theft Coordinator within the City’s Managing Director’s Office.
On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant’s or employee’s credit history for employment purposes. Philadelphia joins the growing list of jurisdictions that have enacted similar laws: California, Chicago, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, New York City, Oregon, Vermont, and Washington.1 The Philadelphia legislation goes into effect July 1, 2016.
A federal court in Pennsylvania has allowed an employee to proceed with a wrongful discharge/invasion of privacy claim related to her discharge after a positive drug test result. Wilkinson v. Marvin E. Klinger, Inc., Case No. 4:15-cv-01916, 2016 U.S. Dist. LEXIS 58340 (M.D. PA. May 3, 2016).
On April 17, 2016, Pennsylvania Governor Tom Wolf signed legislation authorizing the use of medical marijuana (the Medical Marijuana Act or MMA) in Pennsylvania.
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 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.
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.”
Amendments to Philadelphia’s “Ban the Box” legislation, the Fair Criminal Records Screening Standards, will go into effect on March 14, 2016.
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.