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Judge Strikes Down Pittsburgh Paid Sick Days Act

By Sheri L. Giger and Bethany Swaton Wagner
  • December 23, 2015

The Court of Common Pleas of Allegheny County has invalidated 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.

Effective immediately, employers should cease implementation of any policies to comply with the PSDA. Although it is unclear if the City will appeal the ruling, at this time, the PSDA will not go into effect.

In September, 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. (For more information, see our article, Lawsuit Delays Effective Date of Pittsburgh Paid Sick Days Act to March 2016.) On December 21, 2015, the Court 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 provide further updates on the PSDA, including whether an appeal is filed. If you have any questions, please contact a Jackson Lewis attorney.

©2015 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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