How Pittsburgh Handles Employment Preemption: A Practical Guide

Pittsburgh maintains 208 local ordinances across all categories, and 2 of those deal specifically with employment preemption. Here is a breakdown of what the city actually requires, what is prohibited, and where Pittsburgh falls on the strict-to-permissive spectrum compared to other cities.

Paid Leave Preemption

The Pittsburgh Paid Sick Days Act, Ordinance 2015-1518, requires employers to provide accrued paid sick leave. The Pennsylvania Supreme Court upheld the ordinance in 2019, making Pittsburgh the first PA city with mandatory paid sick leave.

Key details: Enacted: Ordinance 2015-1518. Accrual rate: 1 hour per 35 worked. Annual cap: 40 hours. Employer threshold: 15 employees for paid. PA Supreme Court: upheld 2019.

Retaliation against workers using sick leave or denial of accrual exposes employers to back pay, restoration of leave, civil penalties, and Office of Equity investigations under Title 6.

This is not one of those rules that cities tend to ignore. Pittsburgh actively enforces its paid leave preemption requirements.

Minimum Wage Preemption

Pennsylvania law sets the minimum wage at the federal floor of $7.25 per hour and preempts cities from raising it locally. Pittsburgh cannot enact a higher general minimum wage despite repeated council efforts and statewide debate.

Key details: PA minimum wage: $7.25 per hour. Tipped subminimum: $2.83 per hour. Preemption statute: 43 P.S. 333.114a. Last raised: 2009 federal increase. Local override: expressly prohibited.

Pittsburgh attempts to raise the local minimum wage face state court invalidation; private employers paying below $7.25 face PA Department of Labor wage claims and back-pay liability.

The rules around minimum wage preemption in Pittsburgh lean permissive, but that does not mean anything goes.

The Bottom Line

Pittsburgh's employment preemption rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Pittsburgh is broadly strict or permissive.

Keep in mind that Pittsburgh can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.