Expiration of Philadelphia Public Health Emergency Leave Law

On June 15, 2021, Governor Tom Wolf’s 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 Leave law was set to “expire upon the expiration of the Proclamation of Disaster Emergency of the Governor of Pennsylvania related to the COVID-19 pandemic,” and the legislature voted on June 10, 2021, to end the disaster emergency declaration, it is now safe to say that the Philadelphia Public Health Emergency Leave law is no longer in effect.

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 for employees in the shipping and logistics industry.

Does the Pennsylvania Human Relations Act Require Accommodation of Medical Marijuana Use? Not (For Now)

In Harrisburg Area Community College v. Pennsylvania Human Relations Commission, No. 654 C.D. 2019, (October 29, 2020), the Commonwealth Court of Pennsylvania recently examined the interaction between Pennsylvania’s Medical Marijuana Act (MMA) and the Pennsylvania Human Relations Act (PHRA). Specifically, the court addressed whether the PHRA’s prohibition against disability discrimination required a college to accommodate a student’s lawful use of medical marijuana under the MMA.

Time to Vote: Employee and Employer Voting Leave Rights and Obligations for the 2020 Elections

Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At the state level, elections will be held for the governorships of 11 U.S. states and 2 U.S. territories.

Federal Court Finds Pennsylvania’s Medical Marijuana Act Contains Implied Private Right of Action

On September 25, 2020, the U.S. District Court for the Eastern District of Pennsylvania became the first federal court in the Third Circuit to rule that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to bring a private lawsuit against his or her employer for taking an adverse employment action “solely on the basis of such employee’s status as an individual who is certified to use medical marijuana.”

Pennsylvania’s New Overtime Salary Thresholds Take Effect

The Pennsylvania Department of Labor and Industry’s (DLI) amendments to the regulations that exempt executive, administrative, and professional (so-called “white collar”) salaried workers from overtime requirements under the Pennsylvania Minimum Wage Act of 1968 (PMWA) went into effect on October 3, 2020. The amended regulations were originally approved on January 31, 2020.

Philadelphia Expands Entitlement to Paid Sick Leave for Workers Not Covered by FFCRA

On September 17, 2020, six months after Mayor Jim Kenney issued Executive Order 3-20, a Declaration of Emergency Related to the Known and Potential Presence of the Novel Coronavirus COVID-19 in Philadelphia, he signed into law Bill No. 200303, a temporary amendment expanding the City of Philadelphia’s paid sick leave law—officially known as the Promoting Healthy Families and Workplaces Ordinance—to establish public health emergency leave for individuals not covered by the federal Families First Coronavirus Response Act (FFCRA).

Pennsylvania Supreme Court Addresses Consideration for Noncompetes

In Pennsylvania, noncompetition agreements must, among other things, be supported by adequate consideration to be enforceable. It is well established that an initial offer of employment constitutes adequate consideration. It is also well established that a noncompetition agreement presented to an employee after the start of employment must be supported by additional consideration, beyond the mere continuation of the employment relationship. But what about the regularly arising occurrence in which an agreement is orally agreed in connection with an initial offer, but isn’t signed until after the first day of work?

State COVID-19 Orders Regulating Worker Safety—Are They Preempted?

Almost every state has issued closure orders designating certain businesses as “essential” and allowing them to continue to operate during the COVID-19 pandemic. Some states have recently issued orders expressly or implicitly regulating the safety and health of workers at those essential businesses. Are some or all of the provisions in these orders preempted by the Occupational Safety and Health Act of 1970 (OSH Act)? It depends.

Back to Basics: Pennsylvania Employers Must Provide Unemployment Comp Information to Employees

On March 19, 2020, Governor Tom Wolf issued a broad executive order requiring the closure of “all businesses that are not life sustaining.” Simultaneously, the secretary of Pennsylvania’s Department of Health issued a similar order, explaining “the closure of non-life sustaining businesses is necessary to protect the public’s health.”

The Philadelphia Fair Workweek Ordinance: What Retail and Hospitality Employers Need to Know

We first wrote about Philadelphia’s Fair Workweek Employment Standards Ordinance shortly after it was signed into law on December 20, 2018. Now, with the Mayor’s Office of Labor having issued final regulations on February 3, 2020, and the ordinance having taken effect on April 1, 2020, we offer a brief overview of the ordinance along with additional information for retailers as they implement procedures to comply with the ordinance’s provisions. Enforcement of some aspects of the ordinance, such as its good-faith estimates requirement, will not go into effect until July 1, 2020.

Pennsylvania Governor Issues Statewide Order Closing All Businesses That Are Not Life Sustaining

On March 19, 2020, Governor Tom Wolf issued a broad executive order requiring the closure of “all businesses that are not life sustaining.” Simultaneously, the secretary of Pennsylvania’s Department of Health issued a similar order, explaining “the closure of non-life sustaining businesses is necessary to protect the public’s health.”

Tips for Shutting Down in Response to State Shelter-in-Place Orders

California, Connecticut, Illinois, Pennsylvania, and New York have all issued statewide shelter-in-place orders in response to the COVID-19 pandemic, and more states may follow. Employers that do not qualify for an exemption under the applicable state order or that decide to severely curtail or shut down operations may want to consider some of the following issues.

Pennsylvania May More Than Double the Salary Threshold to Qualify for Overtime Exemptions

On January 31, 2020, the Pennsylvania Independent Regulatory Review Commission approved the Pennsylvania Department of Labor and Industry’s (DLI) amendments to 34 Pa. Code Chapter 231, the regulations that exempt executive, administrative, and professional (“white collar”) salaried workers from overtime requirements under the Pennsylvania Minimum Wage Act of 1968.

“Ban The Box” Turns 20: Decoding the Current Framework

Twenty years ago, on a warm summer day, Hawaii enacted a restriction on employer inquiries into an applicant’s work history until after a conditional offer of employment. Intended to give applicants with criminal histories a fair shot at employment, the law—the first state “ban the box” law—crystalized a movement that, in time, would yield similar restrictions in 12 states and 17 localities (for private employers). The result is a crisscrossing jumble of requirements with little uniformity, putting employers in a difficult position when dealing with applicants (and sometimes even existing employees) in different jurisdictions.

Pennsylvania Supreme Court Will Hear Employer Appeal in State Minimum Wage Act Case

On February 2, 2018, we reported that General Nutrition Centers, Inc. (GNC), the employer in a case brought by a class of salaried, nonexempt, current or former Pennsylvania store managers, assistant managers, or senior managers under the Pennsylvania Minimum Wage Act (PMWA) (43 P.S. Secs. 333.101–333.115) had asked the Pennsylvania Supreme Court to hear its appeal of a 2–1 decision issued by the Pennsylvania Superior Court on December 22, 2017.