2026 Pennsylvania Labor Law Roundup
Philadelphia Amends Criminal History Protections
Philadelphia, Pennsylvania's ban the box ordinance, which limits how and when employers can consider criminal records, was amended to further clarify and expand employers' obligations. The ordinance covers all employers that have employees in the city of Philadelphia. We recommend making necessary changes by January 6, 2026.
Here are the highlights of the changes:
Employers can't consider misdemeanor conviction records that occurred four or more years ago—measured from the date of arrest or release from incarceration, whichever came later.
Employers can't consider an applicant or employee's "summary offense conviction record." These are minor criminal charges such as disorderly conduct and public intoxication.
The lookback period for felony convictions remains the same (less than seven years) but is now measured from the later of the date of arrest or release from incarceration.
Employers can't consider expunged or sealed criminal records. (If these appear on a driving record, which is a fairly common occurrence, the applicant or employee must be allowed to show proof of expungement or sealing.)
Employers that give notice of their intent to conduct background checks need to let applicants and employees know that they'll perform an individualized assessment before making decisions based on the results.
Employers can't reject an applicant or employee unless a reasonable person would believe they pose a specific unacceptable risk to business operations or coworkers.
Notice and Pre-Adverse Action Process
Employers that intend to reject an applicant based on criminal record information must now provide that applicant with a provisional written decision, including its basis and the specific convictions considered. (Previously, employers provided a written decision with its basis after rejecting the applicant.)
Additionally, employers have a new notice requirement for both applicants and employees. This notice needs to include a summary of rights, instructions on how to exercise those rights, and a statement that the employer will consider evidence of error or rehabilitation.
Employers can't make a final determination until the applicant or employee has had ten business days to provide evidence of inaccuracy or an explanation.
Templates
The Philadelphia Commission on Human Relations (or another office designated by the mayor) is authorized to create forms for employers to use-including a notice template, a summary of rights, and a statement concerning evidence of error or rehabilitation, but an ETA has not been provided.
Pittsburgh Amends Paid Sick Leave
Beginning January 1, 2026, employees in Pittsburgh will accrue one hour of paid sick leave for every 30 hours worked (previously 35). The yearly accrual caps have also increased as follows:
48 hours per calendar year for employers with 14 or fewer employees
72 hours per calendar year for employers with 15 or more employees
Employers that use the frontloading method must provide the required hours at the beginning of each calendar year.
Action Items:
Ensure your application forms and hiring practices are in line with the new requirements and that those involved in the hiring process are aware of the changes.
Update your paid sick leave policy.