Labor
Is there preemption?
No. Labor preemption laws, also known as “right-to-work” laws, are related to union membership and collective bargaining. Pennsylvania does not have a “right-to-work” law, meaning that employment can be contingent on complying with union membership fees and employee contract requirements.
What are the governing state statutes?
National Labor Relations Act (NLRA) – also known as the Wagner Act, the National Labor Relations Act is the federal foundation for modern labor relations law. The NLRA protects the rights of employees to discuss wages and working conditions, form a union, and collectively bargain. The Act also established the National Labor Relations Board (NLRB), which is responsible for conducting elections for employee representation and remedying unfair labor practices. Local governments cannot enact ordinances that conflict with the NLRA or other federal labor statutes.
Pennsylvania Labor Relations Act (PLRA) – PLRA governs labor relations in Pennsylvania, and is the state equivalent to the NLRA. The Act provides worker protections and a framework for resolving labor disputes. PLRA also established the Pennsylvania Labor Relations Board (PLRB), which administers and enforced the PLRA. Local governments cannot enact ordinances that conflict with the PLRA or other state labor statutes.
Worker Specific Labor Laws:
The Pennsylvania Public Employee Relations Act and the Policeman’s and Fireman’s Collective Bargaining Act both ensure the right for specific classifications of employees to unionize and collectively bargain.
Employment
Is there preemption?
No. Various Pennsylvania state employment laws set floors, or minimum requirements, to regulate wages, hours, time-off, and other aspects of general employment, and employment in specific fields, like seasonal agriculture. Local governments cannot enact ordinances that loosen these standards, but they can enact more stringent regulations provided the state has not explicitly preempted that area of law.
What are the governing state statutes?
Minimum Wage Act of 1968 – This state law establishes a fixed minimum wage as well as overtime rates for employees (with certain exceptions) It also provides for minimum wage rates for learners and apprentices. It creates a Minimum Wage Advisory Board which advises on, and reviews wages and pay rates. Finally, it confers powers and imposes duties on the Department of Labor and Industry, and also creates obligations for employers and defines penalties.
Seasonal Farm Labor Act – This state law establishes minimum wages and requirements for hours of labor of seasonal farm workers. It regulates inspections of seasonal farm labor camps and general provisions related to this area of labor law.
Wage Payment and Collection Law – This law regulates payment of wages and general compensation for labor.
Protecting Health and Morals of Employees Act – This law provides general workplace safety provisions. Municipalities may institute greater workplace safety regulations than those required by the state, but this law sets a floor below which municipalities cannot regulate.
What can municipalities do?
Vacation, Sick, and Bereavement Leave – Pennsylvania laws do not require an employer to provide vacation, sick, or bereavement leave. Instead, Pennsylvania defers to the federal Family and Medical Leave Act. However, Philadelphia and Pittsburgh have enacted more protective sick leave ordinances.
Examples of City and Municipal Employment Ordinances:
City of Philadelphia Wage Theft Law – This law provides employees a cause of action to file official wage thief complaints with the City of Philadelphia’s Wage Theft Coordinator. Qualifying complaints submitted by a Proper Party will be reviewed and resolved by the Wage Theft Coordinator.
City of Philadelphia Fair Work Week Law – Philadelphia’s Fair Workweek law requires covered employers to provide service, retail, and hospitality workers with a predictable work schedule. It also requires good faith estimates and 14 days advance notice of schedule, along with other protections.
City of Philadelphia Promoting Healthy Families and Workplaces Law – The law provides that certain employees are entitled to paid and unpaid leave, all under specified terms and conditions.
City of Philadelphia POWER Act – This law amends three Philadelphia worker protection ordinances [(Promoting Healthy Families and Workplaces (Paid Sick Leave) (Phila. Code § 9-4100); Wage Theft Complaints (Phila. Code § 9-4300); Protections for Domestic Workers (Phila. Code § 9-4500)]. The act also established two new Chapters governing worker protection in Philadelphia: [Protecting Victims of Retaliation (Phila. Code § 9-6500); Enforcement of Worker Protection Ordinances (Phila. Code § 9-6600)].
City of Pittsburgh Paid Sick Days Act – The law provides that full-time and part-time employees working 35+ hours/week a year in the City of Pittsburgh are entitled to Paid Sick Days. Employers with 15+ employees must provide 40 hours/year of Paid Sick Leave; smaller employers must provide 24 hours.
Alleghany County Executive Order “Strengthening Worker Protections” – This county-level executive order establishes an Office of Worker Protections, and Office of Worker Safety, and implements the Best Value Procurement Program, which requires that contract bidders demonstrate certain standards and commitments to worker safety and wellbeing prior to being awarded a contract.
More info
https://www.dli.pa.gov/Individuals/Labor-Management-Relations/plrb/Pages/default.aspx