June 2024

 

News

Pennsylvania Supreme Court clarifies overtime calculations

The Pennsylvania Supreme Court has ruled that using the fluctuating workweek method to calculate overtime pay violates the Pennsylvania Minimum Wage Act ("PMWA").

Pittsburgh requires paid sick leave

Pittsburgh has enacted an ordinance that will require all employers in the city to provide paid sick leave to employees. The law takes effect March 15, 2020.

Pennsylvania enacts Construction Industry Employee Verification Act

Pennsylvania has enacted the Construction Industry Employee Verification Act (House Bill 1170), which requires construction industry employers to use E-Verify to confirm that new hires are authorized to work in the United States. House Bill 1170 takes effect onOctober 7, 2020. 

Pittsburgh Now Requires Pregnancy Accommodations for Employees and Partners

In major news for employers in Pittsburgh, the City Council just unanimously passed a new ordinance greatly expanding protections for pregnant employees and imposing several new requirements on private employers, much like those under the federal Pregnancy Discrimination Act, Americans with Disabilities Act, and related EEOC guidance.

Philadelphia City Council Enacts Broad Scheduling Regulations

The Philadelphia City Council has passed the Philadelphia Fair Workweek Employment Standards Ordinance, intended to regulate scheduling practices for Philadelphia employers in the hospitality, retail and food services industries. Mayor Jim Kenney (D) signed the Ordinance on December 20, 2018.

Pennsylvania Limits Access in Criminal Background Checks

Pennsylvania House Bill 1419 (“HB 1419”) has amended criminal background check statutes so as to limit access to certain criminal records and provide limited liability for employers in certain situations.

Philadelphia’s Salary History Inquiry Ban Violates the First Amendment, Federal Court Rules

A federal district court in Philadelphia has ruled in Chamber of Commerce of Greater Philadelphia v. City of Philadelphia, No. 17-1548 (E.D. Pa. Apr. 30, 2018) that Philadelphia’s ban on salary history inquiries violates the First Amendment. The court, however, did not strike down the other major portion of the law, which prohibits employers from relying on salary history to set compensation. That piece of the law remains intact. The decision will likely have national implications as Philadelphia's law is similar to others around the country, including laws in California and New York City.

Pennsylvania High Court Says Former Employees Do Not Have Right to Inspect Personnel Files

Putting an end to an employer’s previous conundrum of determining what constitutes “recently” separated when evaluating a former employee’s request to review his or her personnel file, the Pennsylvania Supreme Court has ruled that terminated employees are not entitled to inspect their personnel files. 

Philadelphia Employers Cannot Ask Prospective Employees About Their Wage History

On May 23, 2017, the City of Philadelphia becomes one of the rare jurisdictions to prohibit employers from asking about or relying on—subject to limited exceptions-- a prospective employee’s wage history in setting employee compensation and benefits.  

Medical Marijuana Law Enacted in Pennsylvania is Similar to Several Other States with Broad Anti-discrimination Provisions

Pennsylvania has joined the growing list of states legalizing the use of marijuana for medicinal purposes. On April 17, 2016, Pennsylvania enacted its Medical Marijuana Act (the “Act”) and, although the law takes effect on May 17, 2016, the State’s Department of Health must now go through the process of creating and implementing a regulatory program before its constituents can begin dispensing and using medical marijuana.
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Regional Alerts

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