26 Aug

August 2021 Pennsylvania HR Legal Updates

Posted at

2:03pm

in

Emergency Paid Sick Leave Ordinance Enacted in Pittsburgh

Update Applicable to:
All employers in Pittsburgh, Pennsylvania.

What happened?
On July 29, 2021, Mayor Peduto signed the Temporary COVID-19 Paid Sick Leave Ordinance (626B) into law.

What are the details?
The law, effective immediately and through July 27, 2022, is similar to the previously enacted 626A that was in effect through June 17, 2021, but has some key differences.

The law requires employers with 50 or more employees to immediately provide emergency COVID-19 Sick Time (CST) without a waiting or accrual period once they have been employed by the employer for 90 days.  CST shall be provided in addition to any paid leave or sick time provided by the Employer. The balance calculations are as follows:

CST shall be provided to Employees for the following absences if they are unable to work in person or telework, related to COVID-19:

The law can be found here.

An article on the law is here.

What do employers need to do?
Employers should review the law to update their leave policies and provide the new leave to applicable employees.

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Mandatory Security Checks Considered Compensable Hours Worked

Update Applicable to:
All employers in Pennsylvania.

What happened?
On July 21, 2021, the Pennsylvania Supreme Court found in “Re:Amazon.com, Inc., No. EAP 2019” that employees waiting for and undergoing mandatory security screenings is always compensable as hours worked.

What are the details?
In the decision by Pennsylvania Supreme Court, it was concluded that time spent at a mandatory security check on the employer’s premises must be compensated.

This is based on the definition of “Hours worked” that is defined by Pennsylvania regulations to include “time during which an employee is required by the employer to be on the premises of the employer, to be on duty or to be at the prescribed workplace, … and provided further, that time spent on the premises of the employer for the convenience of the employee shall be excluded.” under 34 Pa. Code §231.1.

The court documents can be found here.

An article on the court decision can be read here.

What do employers need to do?
Employers should review their payroll policies and make any applicable updates to stay in compliance with the decision made by the Pennsylvania Supreme Court.

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Philadelphia Implements Mask Mandate

Update Applicable to:
All employers in Philadelphia do not mandate vaccinations for employees, patrons, and guests.

What happened?
On August 11, 2021, Mayor Kenney announced a new mask mandate for the City of Philadelphia.

What are the details?
Effective August 12, 2021, the mandate requires employers to require masks for all persons within and entering their business and must also monitor compliance. Businesses that mandate vaccinations or require proof of vaccination for everyone that entered their doors are exempt from the new rule.

Masks will also be required at all non-seated outdoor events in Philadelphia, with more than 1,000 attendees. An update on August 13, 2021, states that essential businesses like grocery stores, pharmacies, doctor’s offices, and urgent cares must require masks for all staff and patrons and will not be able to utilize the vaccination exception. In regard to city employees, all employees working for the City of Philadelphia must wear double masks while working unless they are fully vaccinated, and all employees hired after September 1, 2021, must be vaccinated.

The mandate can be read here.

An article on the mandate is found here.

What do employers need to do?
Employers should review the mandate and their mask policies to make applicable updates to keep them in compliance with the City of Philadelphia.

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