HB 241 — An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in preemptions, providing for employer mandates by municipalities.

PRINTER'S NO.   193

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 241
                                                Session of
                                                  2025

     INTRODUCED BY GROVE, KAUFFMAN AND HAMM, JANUARY 22, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 22, 2025


                                     AN ACT
 1   Amending Title 53 (Municipalities Generally) of the Pennsylvania
 2      Consolidated Statutes, in preemptions, providing for employer
 3      mandates by municipalities.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 53 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 307.   Employer mandates by municipalities.
 9      (a)   Regulation or enforcement prohibited.--A municipality
10   may not in any manner regulate employer policies or practices or
11   enforce any mandate regarding employer policies or practices.
12      (b)   Applicability.--This section shall not apply to any of
13   the following:
14            (1)   A mandate enacted by a municipality affecting an
15      employee or class of employees of the municipality.
16            (2)   An ordinance authorized by the act of October 27,
17      1955 (P.L.744, No.222), known as the Pennsylvania Human
18      Relations Act.
19            (3)   The terms and conditions of collective bargaining
 1      agreements.
 2      (c)   Effect.--
 3            (1)   This section shall not be construed to invalidate an
 4      ordinance, rule or policy enacted by a municipality prior to
 5      January 1, 2015.
 6            (2)   An ordinance, rule or policy enacted by a
 7      municipality on or after January 1, 2015, in violation of
 8      subsection (a) is void.
 9      (d)   Relief.--If, on or after January 1, 2015, a municipality
10   enacts an ordinance, rule or policy in violation of subsection
11   (a), a person adversely affected may seek declaratory or
12   injunctive relief and actual damages in an appropriate court.
13      (e)   Reasonable expenses.--
14            (1)   The court shall award reasonable expenses to a
15      person adversely affected by a violation of subsection (a) in
16      any of the following circumstances:
17                  (i)    A final determination is granted by the court in
18            favor of the person adversely affected.
19                  (ii)   The underlying ordinance, rule or policy is
20            rescinded, repealed or otherwise abrogated after an
21            action has been filed under subsection (d) but before the
22            final determination by the court.
23            (2)   If a person eligible for relief under subsection (d)
24      provides at least 30 days' written notice to the municipality
25      of the intention to file an action under subsection (d) and
26      the municipality subsequently takes steps to provide relief
27      to the person, the person shall also be eligible for
28      reasonable expenses.
29      (f)   Definitions.--As used in this section, the following
30   words and phrases shall have the meanings given to them in this

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 1   subsection unless the context clearly indicates otherwise:
 2      "Employee."     An individual employed by an employer.
 3      "Employer."     An individual, partnership, association,
 4   corporation, business trust or a person or group of persons
 5   acting, directly or indirectly, in the interest of an employer
 6   in relation to an employee.
 7      "Employer policies or practices."     Policies or practices that
 8   include any of the following topics:
 9             (1)   Wages, other compensation or benefits.
10             (2)   Hiring or termination of employees.
11             (3)   Workplace management, including scheduling and
12      workplace procedures.
13             (4)   The relationship between employers and employees,
14      including employee discipline.
15             (5)   Paid or unpaid employee leave.
16             (6)   Terms and conditions of employment.
17      "Municipality."     A county, city, borough, incorporated town,
18   township, home rule charter, optional charter or optional plan
19   municipality or a similar general purpose unit of government
20   that may be created by the General Assembly.
21      "Reasonable expenses."     The term includes attorney fees,
22   expert witness fees, court costs and compensation for loss of
23   income.
24      "Wages."     As defined in section 3(d) of the act of January
25   17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968.
26      Section 2.     This act shall take effect immediately.




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