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Previous Updates
Pittsburgh Paid Sick Days Act (PSDA) Amendments
- Employees now earn 1 hour of paid sick leave for every 30 hours worked, instead of the previous 35-hour threshold.
- Annual usage cap:
- Employers with 15+ employees must provide up to 72 hours per year (up from 40 hours).
- Employers with 14 or fewer employees must provide up to 48 hours per year (up from 24 hours).
Philadelphia Fair Criminal Record Screening Standards Amendments
- Prohibit consideration of misdemeanor convictions that are more than four years old and summary offenses of any age (unless required by state or federal law);
- Require employers to consider evidence of an applicant's or employee's rehabilitation when considering a criminal conviction; and
- Require employers to provide an applicant or employee with written notice of certain rights under the ordinance when intending to reject the applicant or employee.
Chester County Human Relations Ordinance
- Prohibits discrimination against an employee or independent contractor on the basis of any protected class;
- Restricts preemployment disability-related inquiries;
- Limits preemployment inquiries into criminal convictions; and
- Bans salary history inquiries.
Philadelphia Ban The Box Ordinance Strengthened
- Prohibit consideration of misdemeanor convictions that are more than four years old and summary offenses of any age (unless required by state or federal law);
- Require employers to consider evidence of an applicant's or employee's rehabilitation when considering a criminal conviction; and
- Require employers to provide an applicant or employee with written notice of certain rights under the ordinance when intending to reject the applicant or employee.
Philadelphia POWER Act
- It expands the city’s authority to investigate wage theft, allowing a new Wage Theft Coordinator to order repayment and penalties, and creates a presumption of guilt if employers fail to provide required records.
- The law imposes tougher sick leave requirements, allowing civil penalties of up to $2,000 per violation and liquidated damages if employers don’t comply or keep accurate records.
- It enhances anti-retaliation protections by presuming retaliation if an employer takes adverse action within 90 days of a worker asserting their rights.
- The law strengthens enforcement by empowering the Department of Labor and City Solicitor to issue fines, sue on behalf of individuals or groups, and publicly name repeat violators, who may lose their business licenses. Workers also have the right to file private lawsuits within three years.
City of Philadelphia - File #: 250065
Distracted Driving Law
Non-Compete Agreements
Regular Session 2023-2024 House Bill 1633 P.N. 3504 (state.pa.us)
Pittsburgh Pre-Employment Drug Tests for Marijuana
- take corrective action against medical marijuana patients if an employee is under the influence of medical marijuana in the workplace or is working while under the influence of medical marijuana, where the employee’s conduct falls below the standard of care normally accepted for their position;
- prohibit the use of medical marijuana on its property or in the workplace;
- test medical marijuana patients for illegal use of controlled substances;
- conduct for-cause drug testing if there is reasonable cause to suspect an employee is under the influence of a drug at work; and
- perform drug tests after a workplace accident.
Data Breach Notification Law
- Modify the definition of medical information within the definition of personal information;
- Reduce the threshold number of individuals that trigger the required notice to consumer reporting agencies;
- Require employers to notify the Office of Attorney General after a breach; and
- Require employers to cover all costs and fees for credit reporting and monitoring services under certain circumstances.
Pittsburg Paid Sick Time
https://apps.pittsburghpa.gov/redtail/images/25054_Paid_Sick_Leave_Guidelines,_Proposed.pdf
Lehigh County Human Relations Ordinance
Philadelphia COVID Sick Leave
Amendments to Breach of Personal Information Notification Act
- Expanding the definition of covered personal information,
- Adding definitions of determination and discovery of a security breach,
- Allowing electronic notice of a security breach under certain circumstances,
- Adding notice requirements for state agency contractors that experience a security breach, and
- Expanding on the entities that are considered to be in compliance with the law and exempt from the law's notice requirements.
Tip Credit and Overtime Amendments
Effective August 5, 2022, Pennsylvania's tip credit regulations are amended to:
- Increase from $30 to $135 the amount of tips an employee must receive each month before an employer may claim a tip credit;
- Allow employers to claim a tip credit only if employees spend at least 80% of their workweek performing duties that directly generate tips and if other duties that the employee performs support the duties that directly generate tips;
- Allow for tip pools as long as employers notify employees in writing before implementing them and when making a job offer;
- Prohibit employers from deducting transaction fees from any tips left on a credit card;
- Require employers to notify patrons about any service charges for banquets or package deals; and
- Require employers that implement tip pools to keep records of the names and position of each participant in the tip pool and the amount distributed to each of them.
In addition, Pennsylvania's overtime regulations are amended to provide that the regular rate of pay for salaried employees who are not exempt from overtime is the amount of remuneration (other than payments that may be excluded from the regular rate) divided by 40 hours (rather than by all hours worked in a workweek). As a result, the fluctuating workweek method of calculating overtime pay allowed under federal law may not be used under Pennsylvania law.
Philadelphia Passes COVID-19 Paid Leave Ordinance
Employers with 25 or more employees must provide up to 40 hours of additional paid sick leave to eligible employees when they are unable to work for certain COVID-19 reasons, including:
- Care for self or family member showing symptoms of COVID-19.
- Care for self or family member exposed to COVID-19 in order to self-isolate.
- Childcare or school closure.
- In order to receive a COVID-19 test, vaccine or recover from injury, disability or illness related to vaccination.
This paid sick leave must be provided outside of and prior to using the eligible employee’s existing accrued paid time off banks including for full-time employees, part time employees, and union employees. COVID-19 Leave must be provided to employees immediately with no waiting period. An employer is permitted only to request that an employee submit a self-certified statement asserting that leave was used for COVID-19 Leave purposes.
Covered employers whose existing leave policies provide 120 hours or 112.5 hours or more of paid sick leave that can be used for the same purposes under the same conditions of COVID-19 Leave may not be required to provide additional paid sick leave.
See more here including the required notice to share with employees.
Pittsburgh Releases Guidance on Protections for Victims of Domestic Violence
Following the passage of a bill that expanded the City’s anti-discrimination law to include employee “status as a victim of domestic violence,” Pittsburgh has published additional guidance for employers.
The guidance explains that employers must reasonably accommodate employees who are domestic violence victims, unless they can prove that doing so would cause undue hardship on the financial or administrative operation of the employer. Examples of reasonable accommodations noted in the guidance include:
- Modifying the layout of a workspace
- Adjusting work schedules
- Allowing for leave for survivors of domestic violence
- Enhancing policies to ensure security
- Transfer or reassignment
- Change of a telephone number or email
- Installation of a lock/security devices or equipment
- Developing code words to allow employees to safely signal a need for help such as security or police.
The guidance also makes clear that employers have a duty to engage in the interactive process with employees who are domestic violence victims. Employers must document all efforts to initiate, engage in, and conclude the interactive process. The guidance also reminds employers that survivors of domestic violence may not have access to “readily apparent proof of violence” and therefore specifically notes that it can be harmful for the employer to demand “proof.” Retaliation is prohibited against employees who request reasonable accommodations.
Philadelphia Pre-Hire Marijuana Testing
The Philadelphia City Council passed a new ordinance prohibiting employers from conducting pre-hire marijuana testing. The new ordinance will take effect on January 1, 2022, and makes it an unlawful employment practice for employers, labor organizations, or employment agencies to require prospective employees to undergo pre-hire marijuana screening as a condition of employment in most jobs. The new ordinance is specifically focused on prospective employees and does not limit an employer’s ability to conduct marijuana screens on current employees.
There are, however, exceptions to the blanket prohibition. Employers can conduct pre-hire marijuana drug tests if the applicant is seeking:
- Any position in law enforcement;
- Any position requiring a commercial driver’s license;
- Any position requiring the supervision or care of children, medical patients, disabled or other vulnerable individuals; and
- Any position in which the employee could significantly impact the health or safety of other employees or members of the public.
The testing exclusion would not apply where testing is required by state or federal law, a contract or grant for financial assistance between the employer and the federal government, and/or a valid collective bargaining agreement.
Effective January 3, 2022, food establishments and restaurants that sell food or drink for on-site consumption must have employees vaccinated with one dose of a vaccine. There are exemptions. Learn more about this mandate here.
Allegheny County Paid Sick Leave
Employer notice requirements of the Allegheny County Paid Sick Days Ordinance (PSDO) are in effect although the accrual, use, and other requirements of the PSDO take effect later this year (expected December).
Employers must give written notice to employees of the following:
- The entitlement to paid sick time;
- The amount of paid sick time and the terms of its use;
- The prohibition of retaliation against employees who request or use paid sick time; and
- The right to file a complaint with the county if paid sick time is denied or the employee is retaliated against for requesting taking sick time.
The PSDO requires employers with 26 or more employees to provide paid sick time to eligible employees for:
- The employee's or a family member's mental or physical illness, injury or health condition or need for medical diagnosis, care or treatment or preventive medical care;
- Closure of the employee's place of business or child's school or place of care due to a public health emergency, or;
- Care for a family member whose presence in the community would jeopardize the health of others because of exposure to a communicable disease.
Employees accrue one hour of paid sick time for every 35 hours worked within Allegheny County, up to 40 hours of sick time in a calendar year. Accrual begins the later of when the law takes effect or when employment begins.
Employees may use accrued paid sick time beginning on the 90th calendar day following the beginning of their employment.
Extended Employment Protections
Effective, August 29, 2021, the employment protections of the Pennsylvania Military Leave of Absence Act that apply to Pennsylvania National Guard members also apply to members of a National Guard or reserve component from another state.
Plan to Increase Minimum Salary for Overtime Exempt Workers Repealed
Minimum salary levels for exempt positions were set to increase beginning in October 2021 to $780 per week and then up to $875 per week in 2022. The plan to increase minimum salary levels has been repealed by the Governor. With this change, Pennsylvania employers will continue to be bound by the salary levels set forth in the Fair Labor Standards Act (FLSA), which requires employees to be paid a minimum of $684 per week ($35,568 per year) as well as meet certain duties requirements, in order to be exempt from overtime.
Philadelphia and Pittsburgh Local Paid Sick Leave Laws Expiration
Pennsylvania’s Proclamation of Disaster Emergency has expired, so too have the paid sick leave laws for Philadelphia and Pittsburgh employers which were set to expire at the conclusion of the Emergency. Employers operating within the city limits of Philadelphia and/or Pittsburgh should notify employees that the paid leave once required under the Public Health Emergency Leave Law is no longer available.
Pennsylvania Donor Leave Protections Take Effect
The Living Donor Protection Act requires employers subject to the federal Family and Medical Leave Act (FMLA) to provide an eligible employee with the same leave to which they are entitled under the FMLA for preparation and recovery needed for surgery related to organ or tissue donation by or for the eligible employee or the eligible employee's spouse, child or parent. The law is effective June 28, 2021 (i.e., 60 days after enactment).
Philadelphia Expands Protections for Employees Whose Jobs Are Outsourced
The Philadelphia Protection of Displaced Contract Workers Ordinance offers job protections to workers providing security, janitorial, building maintenance, food and beverage, hotel service, or health care services who are employed by service contractors, and are displaced when the service contract is terminated and awarded to another service contractor.
A recent amendment to the Ordinance imposes obligations on a business that decides to no longer use its own staff to provide a covered service, and to outsource that work to a separate entity – a service contractor.
Employees affected by these decisions are now protected by this regulation. Now, when an employer outsources its covered jobs to a service contractor, the service contractor must make written offers of employment to the employer’s former employees (or maintain a preferential hiring list by seniority within each job classification if fewer workers are needed) and retain those who accept the written offers for a 90-day transitional period, unless terminated “for cause.”
Businesses with these covered positions should plan ahead and service contractors need to be prepared to offer work. You can read more about the amendment here.
Philadelphia Recall and Retention Obligations for Certain Businesses
The Travel and Hospitality Worker Recall and Retention Ordinance imposes recall obligations on airport hospitality operations, hotels, and event center employers operating within the City of Philadelphia. Covered employers are to offer certain employees who were laid off due to the COVID-19 downturn any position that becomes available for which the laid-off employee is qualified.
Covered employers are:
- Airport Hospitality Operation: a business located in the Philadelphia International Airport that prepares, delivers, inspects, or provides any service in connection with the preparation of, food or beverage for aircraft crew or passengers at the Philadelphia Airport, or that provides food and beverage, retail, or other consumer goods or services to the public at the Airport. Air carriers certified by the Federal Aviation Administration are not covered.
- Hotel: a residential building, and ancillary premises, that are designated or used for lodging and other related services for the public, including, but not limited to, food and beverage preparation and service and meetings, as well as tradeshows and conventions, and that contains 50 or more guest rooms.
- Event Center: a structure containing more than 15,000 seats used for public performances, sporting or similar events. It includes any contracted, leased, or sublet premises “connected to or operated in conjunction with an event center’s purpose,” including food preparation facilities, concessions, retail stores, restaurants, bars, and structured parking facilities.
A ”laid-off” employee is defined as an employee who was employed during a one-year look-back period from the onset of the COVID-19 pandemic, who then was separated from service due to the impact of the pandemic. These employees were employed by a covered employer for at least six months between January 31, 2019 and January 31, 2020; last separation from active service is between January 31, 2020 and January 31, 2022; and whose separation was due to a government shutdown order, lack of business, reduction in force, or other economic, non-disciplinary reason. Seasonal employees working at event centers may also be included in certain circumstances.
For guidance on Pennsylvania employment law, you can reach out to your FrankAdvice HR Consultant.
Pittsburgh Paid Sick Leave Available for Small Employers
Starting March 15, 2021, under Pittsburgh, Pennsylvania's Paid Sick Days Act, eligible employees who work for an employer with fewer than 15 employees must be provided up to 24 hours of paid sick time. From March 15, 2020, through March 14, 2021, the sick time was allowed to be unpaid.
Employers with 15 or more employees already have to provide up to 40 hours of paid sick leave.
For any questions on paid time off in Pittsburgh, reach out to FrankAdvice.
Philadelphia Ban the Box Amendments Take Effect
Effective April 1, 2021, Philadelphia's Fair Criminal Record Screening Standards are amended to:
- Apply to any person working for a private employer within the city, including independent contractors, transportation network company drivers, rideshare drivers, and other gig economy workers;
- Apply throughout the employment process to existing employees as well as applicants;
- Require that any criminal background checks mandated by state or federal law be conducted only after a conditional employment offer has been extended; and
- Allow for liquidated damages up to $5,000.
December 2020
Pittsburgh COVID-19 Paid Sick LeaveOn December 9, 2020, Pittsburgh Mayor Peduto signed a new ordinance granting COVID-19 sick time to certain employees working within the city. This ordinance supplements the Pittsburg Paid Sick Days Act (PSDA) which took effect earlier this year. The ordinance also amends the PSDA by permitting employees to take sick time under the PSDA before it is accrued, if the reason for use arises from COVID-19.
Pittsburgh employers with more than 50 employees working in the city must provide paid COVID19 sick time to their employees for COVID-19 related reasons. An employee may take up to 80 hours of leave, and this time is in addition to time under the PSDA or to any paid leave or sick time provided by the employer, with a few caveats.
Read more about the ordinance here.
November 2020
Veterans Preference Law AmendmentEffective December 28, 2020, the Pennsylvania Veterans Preference law is amended to clarify definitions and documentation requirements. The amendment adds Forms DD215 and NGB-22, as alternatives to the DD214, for the purpose of providing documentation to an employer to qualify for the preference.
In addition, the definition of veteran is expanded to encompass:
- Individuals who have completed an initial tour of duty or contractual obligation and continue to serve; and
- Active duty armed forces members who are within 90 days of an approved discharge or release.
Also, the definition of a surviving spouse is modified to mean an unmarried spouse of a deceased service member.
E-Verify for Pennsylvania Construction Industry Employers
As a reminder, Pennsylvania Construction Industry Employers are required to use E-Verify. Click here for information.
October 2020
Exempt Salary ThresholdThe Pennsylvania Department of Labor and Industry (DLI) published its final rule to increase the salary threshold for qualifying as an exempt executive, administrative and professional (EAP) employee under the Pennsylvania Minimum Wage Act. The regulation increases the salary threshold to:
- $684 per week ($35,568 annually) effective October 3, 2020
- $780 per week ($40,560 annually) effective October 3, 2021
- $875 per week ($45,500 annually) effective October 3, 2022
While the first increase merely aligns the salary threshold with its federal Fair Labor Standards Act (FLSA) counterpart, in coming years it will be above the federal standard for an exempt level employee.
September 2020
Amendments to Philadelphia's PHFWOMayor Kenney has signed an amendment to the Promoting Healthy Families and Workplaces Ordinance (PHFWO) to require public health emergency leave (up to two weeks) for employees, gig workers, and others who do not receive leave under the federal Families First Coronavirus Response Act (FFCRA). An individual who works more than 40 hours in a year within the City of Philadelphia is eligible to take paid sick leave for the same reasons outlined in the FFCRA.
There are exceptions including:
- Employees who can telework successfully despite dealing with a qualifying situation are not required to be given leave
- Employees who already receive 10 days of paid sick leave or PTO time that can be used for the same reasons under their employer’s existing policies are not eligible for additional leave
This has a posting requirement and will sunset on December 31, 2020. Learn more here.
The mayor also signed an amendment requiring compensation and medical care or reimbursement for certain healthcare employees who contract a disease during a declared pandemic or epidemic.
Pennsylvania Requires Construction Industry Employers to Use E-Verify
Effective October 7, 2020, employers in the construction industry are required to use E-Verify to verify the employment eligibility of new employees. E-Verify is the federal government’s web-based program that allows employers to verify an employee’s work-authorization electronically. The requirement will also apply to staffing agencies that provide workers to construction industry employers. Verification records must be kept for the duration of employment or three years, whichever is longer. Read more about the Pennsylvania Construction Industry Employer Verification Act.
If you are interested in FrankCrum providing the E-Verify service to you, please reach out to our Business Affairs team at: legal@frankcrum.com.
August 2020
Philadelphia Salary History BanThe Philadelphia Wage Equity Ordinance took effect May 23, 2017, but was challenged in court and a preliminary injunction was granted. In February 2020, an appeals court upheld the ordinance. The Philadelphia Commission on Human Relations will enforce the ordinance beginning September 1, 2020.
The Philadelphia Wage Equity Ordinance (WEO) amends the Philadelphia Fair Practices Ordinance to restrict salary history inquiries, with limited exceptions. Philadelphia employers are prohibited from:
- Inquiring about or requiring a prospective employee to disclose their wage history;
- Conditioning employment or consideration for an interview or employment on the disclosure of wage history; or
- Relying on the wage history of a prospective employee from any current or former employer to determine the individual's wages.
Read more about the ordinance here.
July 2020
Philadelphia Enacts COVID-19 Whistleblower LegislationPhiladelphia Mayor Jim Kenney has signed a COVID-19 whistleblower bill, effectively making Philadelphia the first U.S. city to enact such legislation.
The Essential Workers Protection Act, also known as the “Employee Protections in Connection with COVID-19 Emergency Health Order,” makes it unlawful for employers to fire or otherwise retaliate against employees who refuse to work in unsafe conditions or speak out against unsafe health conditions amid the COVID-19 pandemic.
