Employers within the City of Philadelphia in the retail, food service and hospitality industries are by now well-acquainted with the Philadelphia Fair Workweek Ordinance (Fair Workweek Law).
The Fair Workweek Law went into effect on April 1, 2020, and requires “Covered Employers,” to provide predictable scheduling to employees in the form of “good faith estimates” of work hours. The fines and penalties for non-compliance can be steep, with certain violations resulting in over $1,000 in penalties per violation per “impacted employee.”
Currently, two Philadelphia employers are asking the Commonwealth Court to invalidate the Fair Workweek Law on the grounds that 1) the Fair Workweek Law exceeds the City of Philadelphia’s power and authority under the Home Rule Act, and 2) the Fair Workweek Law imposes excessive fines and penalties in contravention of the United States Constitution and the Constitution of Pennsylvania.
Author(s):
Andrew T. Simmons, Associate
Email: andrew.simmons@bipc.com
George C. Morrison, Shareholder, Higher Education Practice Group Co-Leader
Email: george.morrison@bipc.com