Pennsylvania Legal Cases

Date: September 23, 2013 Last Edit: May 24, 2016

Chamber of Commerce of Philadelphia v. City of Philadelphia Labor and Employment

E.D. of Pennsylvania

The NFIB Small Business Legal Center joined with the U.S. Chamber of Commerce in filing an amicus brief challenging a Philadelphia municipal ordinance, which prohibits employers from asking job applicants about their pay history or past salaries. This is not only bad policy—which will make it harder for small businesses to perform job searches—but it violates the First Amendment. Specifically, the ordinance limits the free speech rights of Philadelphia employers. And while the ordinance is intended to encourage greater pay equity, there are other available alternatives that would more directly advance that public goal without restricting free speech rights. Accordingly, the Legal Center argues that the ordinance is unconstitutional.

Status: PENDING. Amicus brief filed 7/7/17.


Markham v. Wolf – Labor

Pennsylvania Supreme Court

The Legal Center joined in an amicus brief challenging Governor Wolf’s executive order seeking to unionize home health care aides. The lawsuit alleges that the order violates the state constitution and state law.

STATUS: Pending. Amicus brief filed 3/20/17.


Nertavich v. PPL – Legal Reform    

Pennsylvania Supreme Court

In this case the Pennsylvania Supreme Court has been asked to hold property owners liable for negligent acts of their employees, without regard to whether the property owner has exerted any control over the contractor’s work. NFIB Legal Center joined with the U.S. Chamber of Commerce in this filing, arguing that the Court should affirm the historic common law rule that a landowner is not liable for the actions of a contractor except in the event that he or she directs the contractor to take specific actions that directly cause injury to another.

Pennsylvania Restaurant & Lodging Assoc. v. Pittsburgh – Labor and Employment

Pennsylvania Commonwealth Court

Pennsylvania law plainly forbids municipalities from imposing burdens on employers. Accordingly, labor and employment standards are to be established at the state level by the General Assembly, not at the municipal level. Nonetheless, the City of Pittsburgh enacted an ordinance requiring employers to provide paid sick leave to employees. The City now appeals a lower court decision striking down the ordinance. On appeal Pittsburgh maintains that it has the prerogative to require employers to provide paid sick leave as a measure to promote public health; however, NFIB Small Business Legal Center argues that the ordinance indisputably violates state law requiring uniformity of business regulation and that the City’s posited exception for matters of public health would swallow the rule.

 Status: PENDING. Amicus brief filed 5/11/16.


Tincher v. Omega Flex – Legal Reform
Pennsylvania Supreme Court

The court will decide whether it should replace the strict liability analysis of Section 402A of the Second Restatement with the Third Restatement, a preferable standard for defendants involved in product liability cases. The court will also decide, if they adopt the Third Restatement, whether the holding should be applied prospectively only.




If you have a case that impacts small business, please contact us at 1-800-552-NFIB as we are actively looking for opportunities to weigh in on important issues in this state. NFIB Small Business Legal Center is involved in many cases that impact this state and others; to see our complete list of Supreme Court cases click on Washington, DC on the interactive map.

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