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Judge Strikes Down Pittsburgh Paid Sick Days Act

  • 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.

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