Strike Two for Pittsburgh’s Paid Sick Days Act

An appellate court has affirmed a lower court’s decision that Pittsburgh did not have the authority to enact its Paid Sick Days Act and invalidating that law.

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In its 6-1 decision, the Commonwealth Court of Pennsylvania rejected the City’s argument that the City had the authority to enact the law under the Disease Prevention and Control Law because that law applies only to municipalities with boards or departments of health. The City of Pittsburgh has neither.

Also, the court rejected the argument that the City had the authority to enact the Paid Sick Days Act under the Second Class City Code because that code did not impose any affirmative obligation on the city to enact such law.

The dissenting judge stated that Pittsburgh has the right to protect the health and safety of its residents and that the Paid Sick Days Act was an exercise of that right.

The City and Local 32 BJ must decide whether to appeal the decision to the Supreme Court of Pennsylvania.