September 29, 2020

Volume X, Number 273

September 29, 2020

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September 28, 2020

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UPDATE: Attention all Pittsburgh private employers… Pittsburgh paid sick leave ordinance struck down!

gavelOn December 21, 2015, the Court of Common Pleas for Alleghany County struck down the City of Pittsburgh’s Paid Sick Leave Ordinance (the Ordinance), which would have required all private employers in the City of Pittsburgh to pay their covered workers paid sick leave effective in 2016. The court based its decision on the City of Pittsburgh’s status as “a home rule charter municipality created pursuant to the Home Rule Charter and Optional Plans Law (Charter Law).” Pursuant to Section 2962(f) of the Charter Law, “such a municipality shall not determine duties, responsibilities or requirements placed upon businesses, occupations and employers … except as expressly provided by [Pennsylvania] statute[]” (emphasis added). The Court further opined, that since “no state statute existed expressly permitting the City to enact it[,]” the Ordinance is invalid and unenforceable. A copy of the court’s Opinion and Order is available here.

In response to the court’s decision, the City may consider an appeal of the decision and/or lobby the state legislature. Pennsylvania employers should note that Philadelphia passed a similar paid sick leave law in 2015.

Stay tuned for further developments on this highly debated issue.

Copyright © 2020 Godfrey & Kahn S.C.National Law Review, Volume VI, Number 6


About this Author

Rufino Gaytán, Labor & Employment Attorney, Godfrey Kahn Law Firm "

Rufino Gaytán is an associate member of the firm's Labor & Employment Practice Group in Milwaukee. Rufino assists private and public employers in addressing general human resource issues and counsels employers in every aspect of labor and employment law. In particular, Rufino provides assistance with discrimination claims, wage and hour issues and drafting and enforcing restrictive covenant agreements. Rufino also represents clients before the Equal Employment Opportunity Commission and the Wisconsin Equal Rights Division.