All in a Day's Work® blog
On 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.
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