Pennsylvania Employment Laws to Watch

Pennsylvania Employment Laws to Watch 2560 1707 Balance Point Team

Updated 3/26/21

Take note of the following laws that may impact your organization.

Pittsburgh Pregnancy Accommodations

  • Applies to employers with 5 or more employees
  • Prohibits employers from discriminating on the basis of sex including “pregnancy, childbirth, or a related medical condition”

Pittsburgh Paid Sick Days Act

  • Effective March 15, 2020
  • Employers with 15 or more employees must permit accrual of up to 40 hours of paid sick time per year
  • Employers with 14 or fewer employees must permit accrual of up to 24 hours of unpaid sick time during the first year; beginning March 15, 2021, the time must be paid

Philadelphia Public Health Emergency Leave

  • Workers who perform at least 40 hours of work in Philadelphia in a year for one or more employer are covered
  • Effective September 17, 2020. Expires December 31, 2020 (awaiting legislation that would reenact for 2021)
  • Up to 80 hours, or an amount of paid leave equal to average hours worked over a 14-day period, capped at 112 hours

Philadelphia Essential Workers Protection Act

  • Affects all size employers
  • Effective June 26, 2020
  • Prohibits an employer from retaliating against an employee refusing to work in unsafe conditions, or blowing the whistle, if the employee reasonably believes that the employer is operating in violation of a COVID-19 public health order

Philadelphia Domestic Violence Unpaid Leave

  • Provides job-protected unpaid leave for victims of domestic violence, sexual assault or stalking
  • Employers with fewer than 50 employees must allow up to 4 weeks of unpaid leave in a 12-month period
  • Employers with 50+ employees must allow up to 8 weeks of leave in a 12-month period

Philadelphia Sick Time

  • Employers with 10+ employees must provide paid sick leave
  • Employers with 9 or fewer employees must provide unpaid sick leave
  • Required to provide 40 hours of paid/unpaid sick leave per year to all employees who work at least 40 hours per year

Philadelphia Fair Workweek Ordinance

  • Effective April 1, 2020
  • Applies to Large Retail, Hospitality, and Food Service Establishments with 250 or more employees and 30 or more locations worldwide
  • Will impose stringent new scheduling and pay practices with significant documentation and compliance obligations

Employee Misclassification Bills 715 & 716

  • Pending passage
  • House Bill 716 would establish a joint agency task force on employee misclassification
  • House Bill 715 would tighten definition of independent contractor with no exceptions

Statewide Overtime Rule

  • Pennsylvania employers will need to follow both the new federal overtime rules and the overtime requirements of Pennsylvania’s Minimum Wage Act; employers must follow the rule that provides the greater benefit to the employee where there are differences between the two laws
  • $684 per week, $35,568 annually, on October 3, 2020 (note: this is the current level required by federal law; it has been in effect since January 1, 2020 per federal regulations)
  • $780 per week, $40,560 annually on October 3, 2021
  • $875 per week, $45,500 annually on October 3, 2022
  • Starting in 2023, the salary level will adjust automatically every three years

Pittsburgh Temporary COVID-19 Paid Sick Leave Ordinance

  • Effective December 9, 2020
  • Employers with 50 or more total employees must provide up to 80 hours of paid “COVID-19 Sick Time” in addition to any leave employers provide to their employees (such as the Pittsburgh Paid Sick Days Act)
  • The Ordinance will remain in effect until the public health emergency officially ends

Balance Point’s Solution

Balance Point’s human capital management (HCM) technology provides the tools needed to centralize recordkeeping and create reports, while our compliance experts will guide you through adherence to these laws and more. We provide the peace of mind you need to conquer the more strategic tasks on your to-do list.

Schedule a consultation to learn more.

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