Employers within the City of Philadelphia in the retail, food service and hospitality industries are by now well-acquainted with the Philadelphia Fair Workweek Ordinance, Phila. Code §§ 9-4601 to 9-4611 (Fair Workweek Law). The Fair Workweek Law went into effect on April 1, 2020, and requires “Covered Employers,” which the law defines as employers with over 30 locations worldwide and 250 employees, to provide predictable scheduling to employees in the form of “good faith estimates” of work hours, posting work schedules at least fourteen (14) days in advance, offering available work hours to current employees and providing predictability payments for employer-initiated scheduling changes, amongst other requirements. The fines and penalties for non-compliance can be steep, with certain violations resulting in over $1,000 in penalties per violation per “impacted employee.”
Currently, two Philadelphia employers, GSRH Wings PA, LLC, and Five Below, Inc. (collectively, “Appellants”), have been hit with class action claims under the Fair Workweek Law, are asking the Commonwealth Court to invalidate the Fair Workweek Law on similar grounds:
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