An Employer’s Compliance Starter Guide: Pennsylvania

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Nobody ever said running a business was a walk in the park. As an employer, you have a lot of balls in the air, and compliance is just one of them. One really, really important one that, if dropped, could cost you a whole lot of money.

In addition to federal regulations, each state has their own share of employment related laws that business owners need to be aware of. Here, we’re highlighting some of these key state-specific requirements and laws, and offering guidance to help you keep up.

Bear in mind, this list is not comprehensive, and there may be local or industry-specific employment requirements that your business needs to comply with. It’s best to consult with counsel to ensure compliance with all applicable laws, as Justworks does not provide legal advice.

Payroll Tax Accounts

Because Justworks reports state unemployment taxes on behalf of customers who utilize Justworks’ PEO services, Justworks may need to collect account information such as your account number and current rate. You can read more about it here:  State Unemployment Insurance.

Recruiting & Hiring Practices

Ban-The-Box 

[Philadelphia]

Philadelphia law prohibits employers from requiring job applicants to complete job applications that ask for criminal background information on a job application or at any point before a conditional offer is made. The law provides further guidelines regarding the consideration of criminal history once a conditional offer has been extended. The law was amended to broaden coverage, clarify definitions, add notice requirements, and strengthen the Philadelphia Commission on Human Relations' (PCHR) enforcement power. The amendments include shortening lookback periods for convictions, excluding minor offenses from consideration, and implementing clearer procedures for employers to follow throughout the entire employment process, including hiring, termination, promotions, and raises. 

Philadelphia City Council: Amended 250373-A Bill

Mineral*: Pennsylvania: Philadelphia Amends Criminal History Protections and Philadelphia, Pennsylvania, Applicant and Employee Screening

Paid Sick Leave

There is no law mandating Paid Sick Leave for employees at the state level in Pennsylvania.

[Philadelphia]

Under the City of Philadelphia’s Promoting Healthy Families and Workplaces law, employers must provide sick leave for their employees and are required to display a notice for employees to view that details employee rights under the law.

[Pittsburg]

Pittsburg employers must also provide sick leave to employees in accordance with the City of Pittsburgh Paid Sick Days Act.

Mineral*: Philadelphia, Pennsylvania, Sick Leave

Mineral*: Pittsburgh, Pennsylvania, Sick Leave

Separation

In Pennsylvania, the final paycheck for separated employees must be issued by the next regularly scheduled payday. 

Additionally, unemployment insurance information (Form UC-1609, Employer Information) must be provided to all separating employees, regardless of the reason for leaving, and to all employees whose hours are reduced. Employers must complete the form before providing to the employee. 

Pennsylvania employers are not required to pay out vacation upon separation, unless otherwise provided by the employer policy. If you don’t intend to pay out vacation upon separation, this should be clearly noted in your vacation policy.

Pennsylvania Department of Labor & Industry: General Wage and Hour Questions

Mineral*: Pennsylvania Separation

Disclaimer

This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.