Why was Pittsburgh’s Paid Sick Days Act struck down by a court yet the Philadelphia PSL law has not even been challenged in court? An Allegheny County judge struck down the Pittsburgh PSL ordinance in December 2015 after finding that the city did not have the authority to enact it under the Pennsylvania Home Rule Charter and Optional Plans law. That law prohibits Home Rule Charter municipalities from determining “duties, responsibilities or requirements placed upon business, occupations and employers,” with limited exceptions. An appeal of the judge’s decision is pending.
The Allegheny Institute for Public Policy, a non-profit research and education organization, recently issued a “Policy Brief” entitled “Time for Pennsylvania to Rein Municipal Regulations on Business.” It notes that the Home Rule Charter law specifically exempts Philadelphia from its prohibitions and recommends that the Commonwealth remove that exemption and bar municipalities “from enacting regulations not expressly permitted by the state,” i.e., a type of preemption law.
The Policy Brief notes that the Senate is considering a preemption bill, SB 128, as I had noted here. The Policy Brief opined, as did I in my post, that even if both chambers of the legislature were to pass SB 128, the Republicans do not have sufficient numbers in the House to overturn Democratic Governor Tom Wolf’s likely veto.