The Pennsylvania Employment Law Guide

Employers must pay their employees at least semimonthly unless they are paid an annual salary. Railroad workers must be paid weekly. Employers who intend to use a different pay interval must inform employees of the timing of paydays upon hire.

Employers who run background checks should ensure they’re following the requirements of the Fair Credit Reporting Act, which are available here.

Pennsylvania requires that employers conduct background checks on the following types of employees or applicants: School personnel, including private schools, intermediate units, and area vocational-technical schools, unless the applicant has no direct contact with children; Police officers, including at campuses or universities; Child care personnel, including volunteers; Personnel working for a domiciliary care home, a home health care agency, a long-term nursing facility, an older adult daily living center, or a personal care home; Personnel working for a private detective or investigator agency; Personnel working for a patrol agency; Common or contract carriers.

Pennsylvania does not expressly allow or prohibit employers from obtaining credit reports on applicants or employees.

Pennsylvania employers may only consider misdemeanor and felony convictions to the extent that they relate to the applicant’s suitability for the position. Employers should not inquire about or consider other records, such as arrests that did not lead to conviction or records that have been expunged.

Pennsylvania has no statutes limiting workplace drug and alcohol testing. However, employers are prohibited from requiring that applicants or employees pay the cost of their own medical examination or drug testing if they ultimately work for the employer for at least one week.

It is illegal to discriminate against a person because they are certified to use medical marijuana for a serious medical condition (as determined by their prescribing doctor). Employers do not need to tolerate use or intoxication at the workplace but should not use a positive test result for THC as automatic grounds for discipline or termination without first determining whether the employee is a certified medical user.

Employers that receive public funds may not discharge or discriminate against an employee for doing the following: Reporting in good faith a waste of public funds or a violation of a law, ordinance, or code of ethics; Participating in an investigation or proceeding at the request of a governmental body or agent.

COBRA is a federal law that allows many employees to continue their health insurance benefits after their employment ends. Because federal COBRA only applies to employers that have 20 or more employees, many states have adopted their own versions of the law, which are known as “mini-COBRAs.” Pennsylvania’s mini-COBRA allows employees to continue their coverage for up to nine months. Employers must provide an employee with a notice of their COBRA rights within 30 days of the triggering event.

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