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.
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