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Pittsburgh Paid Sick Days Act Update: Union Appeals Court’s Decision Invalidating the Act

By Sheri L. Giger and Bethany Swaton Wagner
  • January 15, 2016

The Service Employees International Union Local 32 BJ (“SEIU”) has appealed the December 21, 2015, Order of the Allegheny County Court of Common Pleas invalidating the Pittsburgh Paid Sick Days Act (“PSDA”), the ordinance requiring all employers of employees within the Pittsburgh city limits to provide paid sick leave to all full- and part-time employees.

While the appeal, filed on January 14, 2016, is pending, the PSDA remains ineffective. Employers are not obligated to revise their policies at this juncture.

In September 2015, the Pennsylvania Restaurant and Lodging Association joined several local restaurants in challenging the PSDA, arguing that the City exceeded its municipal authority in enacting the PSDA. On December 21, the Allegheny County Court of Common Pleas formally struck down the PSDA, agreeing with the Association and finding support for its determination in a 2009 Pennsylvania Supreme Court decision. There, the high court ruling overturned another Pittsburgh employment ordinance, finding that Pennsylvania state law prohibits municipalities like Pittsburgh from regulating businesses by determining their duties, responsibilities, or requirements.

We will continue to provide updates regarding this appeal as they develop. Please contact a Jackson Lewis attorney if you have any questions.

©2016 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

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