PRIOR PRINTER'S NO. 967
PRINTER'S NO. 4131
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
861
Session of
2017
INTRODUCED BY GROVE, BLOOM, PHILLIPS-HILL, ORTITAY, DUNBAR,
IRVIN, RYAN, McGINNIS, ROTHMAN, MOUL, COX, ZIMMERMAN AND
STAATS, MARCH 16, 2017
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 1, 2018
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in preemptions, providing for employer
mandates by municipalities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 305. Employer mandates by municipalities.
(a) Regulation or enforcement prohibited.--Notwithstanding
any other law to the contrary, a municipality may not in any
manner regulate employer policies or practices or enforce any
mandate regarding employer policies or practices.
(b) Applicability.--This section shall not apply to a
mandate enacted by a municipality affecting an employee or class
of employees of the municipality itself. ANY OF THE FOLLOWING:
(1) A MANDATE ENACTED BY A MUNICIPALITY AFFECTING AN
EMPLOYEE OR CLASS OF EMPLOYEES OF THE MUNICIPALITY ITSELF.
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(2) AN ORDINANCE AUTHORIZED BY THE ACT OF OCTOBER 27,
1955 (P.L.744, NO.222), KNOWN AS THE PENNSYLVANIA HUMAN
RELATIONS ACT.
(3) THE TERMS AND CONDITIONS OF COLLECTIVE BARGAINING
AGREEMENTS.
(c) Effect.--
(1) This section shall not be construed to invalidate an
ordinance, rule or policy enacted by a municipality prior to
January 1, 2015.
(2) An ordinance, rule or policy enacted by a
municipality on or after January 1, 2015, in violation of
subsection (a) is void.
(d) Relief.--If, on or after January 1, 2015, a municipality
enacts an ordinance, rule or policy in violation of subsection
(a), a person adversely affected may seek declaratory or
injunctive relief and actual damages in an appropriate court.
(e) Reasonable expenses.--
(1) The court shall award reasonable expenses to a
person adversely affected by a violation of subsection (a) in
any of the following circumstances:
(i) A final determination is granted by the court in
favor of the person adversely affected.
(ii) The underlying ordinance, rule or policy is
rescinded, repealed or otherwise abrogated after an
action has been filed under subsection (d) but before the
final determination by the court.
(2) If a person eligible for relief under subsection (d)
provides at least 30 days' written notice to the municipality
of the intention to file an action under subsection (d) and
the municipality subsequently takes steps to provide relief
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to the person, the person shall also be eligible for
reasonable expenses.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Employee." An individual employed by an employer.
"Employer." Any individual, partnership, association,
corporation, business trust or any person or group of persons
acting, directly or indirectly, in the interest of an employer
in relation to an employee.
"Employer policies or practices." Policies or practices that
include, but are not limited to, any of the following topics:
(1) Wages, other compensation or benefits.
(2) Hiring or termination of employees.
(3) The workplace.
(4) The relationship between employers and employees.
(5) Sick and vacation leave for an employee.
(3) THE MANAGEMENT OF THE WORKPLACE, INCLUDING
SCHEDULING AND WORKPLACE PROCEDURES.
(4) THE RELATIONSHIP BETWEEN EMPLOYERS AND EMPLOYEES,
INCLUDING EMPLOYEE DISCIPLINE.
(5) PAID OR UNPAID EMPLOYEE LEAVE.
(6) THE TERMS AND CONDITIONS OF EMPLOYMENT.
"Municipality." A county, city, borough, incorporated town,
township, home rule charter, optional charter or optional plan
municipality , school district or a similar general purpose unit
of government that may be created by the General Assembly.
"REASONABLE EXPENSES." THE TERM INCLUDES, BUT IS NOT LIMITED
TO, ATTORNEY FEES, EXPERT WITNESS FEES, COURT COSTS AND
COMPENSATION FOR LOSS OF INCOME.
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"Wages." As defined in section 3(d) of the act of January
17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968.
Section 2. This act shall take effect immediately.
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