Pennsylvania HR Consulting & Employment Law for Small Businesses
Pennsylvania follows the federal employment law framework closely, but Philadelphia has enacted extensive local ordinances including paid sick leave, a salary history ban, and wage equity requirements.
Pennsylvania employers generally operate under federal law at the state level, but Philadelphia employers face a distinct set of local requirements. Philadelphia's Promoting Healthy Families and Workplaces ordinance requires paid sick leave, the city prohibits salary history inquiries, and its Fair Practices Ordinance covers more protected categories than state or federal law. Pittsburgh also has local fair practices protections.
Note: This guide is for informational purposes only and does not constitute legal advice. Employment laws change frequently. Consult a qualified employment attorney for advice specific to your situation.
Key Pennsylvania Employment Laws
Pennsylvania Human Relations Act
The PHRA applies to employers with 4 or more employees and prohibits discrimination based on race, color, religious creed, ancestry, age, sex, national origin, disability, and use of guide or support animals. It applies to a broader employer base than federal Title VII (15 employees).
Philadelphia Paid Sick Leave
Philadelphia's Promoting Healthy Families and Workplaces ordinance requires employers with 10 or more employees to provide paid sick leave (1 hour per 40 hours worked, up to 40 hours/year). Smaller employers must provide unpaid sick leave. Leave can be used for medical care, domestic violence, and public health emergencies.
Philadelphia Salary History Ban
Philadelphia prohibits employers from asking about applicants' wage history during the hiring process. This applies to all employers with at least one employee in the City of Philadelphia. Employers cannot use wage history to set compensation without the applicant's voluntary disclosure.
Pennsylvania Wage Payment and Collection Law
Pennsylvania's WPCL governs how and when employees must be paid. Employers must designate regular paydays and pay all wages due by those dates. The WPCL provides a private right of action with potential attorney fee awards, making wage claim litigation a meaningful risk for non-compliant employers.
Compliance Thresholds for Pennsylvania Employers
1+ Employees: employees
- Pennsylvania minimum wage applies (matches federal floor -- no separate state rate in effect)
- Pennsylvania Human Relations Act at 4+ employees
- Pittsburgh: Pittsburgh Human Relations Ordinance applies
10+ Employees: employees
- Philadelphia: Promoting Healthy Families and Workplaces (paid sick leave)
- Philadelphia Fair Practices Ordinance anti-discrimination protections
50+ Employees: employees
- Federal FMLA applies (12 weeks unpaid)
- ACA employer mandate
- COBRA obligations
Common Questions About Pennsylvania Employment Law
Does Pennsylvania require paid sick leave?
Pennsylvania does not have a statewide paid sick leave law. However, Philadelphia requires paid sick leave for employers with 10 or more employees (1 hour per 40 hours worked, up to 40 hours/year). Employers outside Philadelphia have no state mandatory paid sick leave obligation.
Does Philadelphia ban salary history questions?
Yes. Philadelphia's Wage Equity Ordinance prohibits employers from asking applicants about their wage or salary history. This applies to all employers with at least one employee in Philadelphia. Employers may not use wage history information to set compensation.
What is the Pennsylvania minimum wage?
Pennsylvania's minimum wage equals the federal floor of $7.25 per hour. Unlike many neighboring states, Pennsylvania has not enacted a higher state minimum wage (as of 2025). Philadelphia and Pittsburgh do not have separate local minimum wage rates for most private employers.
How does the Pennsylvania Human Relations Act compare to federal law?
The PHRA applies to employers with 4 or more employees (versus 15 for federal Title VII and ADA). It covers more protected categories and provides an administrative process through the Pennsylvania Human Relations Commission before a private lawsuit can be filed.
Are non-competes enforceable in Pennsylvania?
Yes, with a reasonableness test. Pennsylvania courts evaluate whether the agreement is ancillary to an employment contract, supported by adequate consideration, reasonably necessary to protect the employer's legitimate business interests, and reasonable in duration and geographic scope.
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