Summary of February 2026 Labor Law Updates for Philadelphia, Pennsylvania
February 2026 brought several meaningful developments affecting Pennsylvania labor law, including a significant Third Circuit ruling interpreting the state’s fair-chance hiring law and notable federal agency shifts that impact employers nationwide. Below is a comprehensive roundup from HKM Employment Attorneys for employees, HR professionals, and compliance leaders.
February 2026 saw important developments in Pennsylvania labor law, particularly the Third Circuit’s clarification of fair-chance hiring requirements and evolving federal agency priorities. These updates underscore the importance of proactive compliance for employers and awareness of workplace rights for employees.
If you have questions about how these changes affect your workplace or need legal guidance, contact HKM Employment Attorneys at https://hkm.com for experienced support.
Third Circuit Clarifies Scope of Pennsylvania Fair-Chance Hiring Law — Federal Court Ruling
Date: February 11, 2026
Summary:
The U.S. Court of Appeals for the Third Circuit issued a decision interpreting Pennsylvania’s Criminal History Record Information Act (CHRIA), a key “ban-the-box” law regulating how employers consider criminal history in hiring. The case addressed whether an employer could rely on criminal history information voluntarily disclosed by a job applicant before the legally permitted stage of the hiring process.
The court held that CHRIA’s protections still apply even when an applicant voluntarily discloses criminal history. Employers must comply with statutory timing and procedural requirements regardless of how they obtain the information.
Implications:
This decision reinforces that Pennsylvania employers must strictly follow fair-chance hiring rules at every stage of the hiring process. Even informal or early disclosures by applicants do not allow employers to bypass compliance obligations. Employers should review hiring workflows, interview practices, and background check timing to ensure full compliance with Pennsylvania workplace rights laws.
EEOC Rescinds Harassment Guidance and Changes Litigation Approval Process — Federal Agency Action
Date: February 2026 (actions announced January 22–23, 2026; ongoing impact)
Summary:
The U.S. Equal Employment Opportunity Commission (EEOC) rescinded its 2024 workplace harassment guidance and implemented a new rule requiring Commissioner approval before most lawsuits can be filed. The rescinded guidance had included expanded interpretations of harassment under Title VII, including protections related to gender identity and workplace conduct.
Additionally, the EEOC shifted authority away from its General Counsel, requiring a vote by Commissioners before initiating most litigation.
Implications:
For Pennsylvania employers, these changes signal a shift in federal enforcement priorities that may affect discrimination and harassment claims. Employers should not assume reduced liability risk, but they should expect more centralized and potentially selective enforcement. HR teams should continue to follow existing federal and Pennsylvania anti-discrimination laws while monitoring evolving EEOC priorities.
NLRB Reinstates Narrower Joint-Employer Standard — Federal Rule Change
Date: February 2026
Summary:
The National Labor Relations Board (NLRB) reinstated a more employer-friendly joint-employer standard, requiring “substantial direct and immediate control” over essential employment terms (such as wages, hiring, and supervision) before joint liability attaches.
This replaces a broader standard that had made it easier to classify multiple entities as joint employers.
Implications:
This development is particularly relevant for Pennsylvania businesses that rely on staffing agencies, subcontractors, or franchise models. The narrower standard reduces the likelihood of joint-employer liability, but companies should still carefully evaluate their level of control over contracted workers to avoid exposure under federal labor law.
NLRB Procedural Changes Affect Unfair Labor Practice Charges — Federal Agency Action
Date: February 2026
Summary:
The NLRB implemented new procedures requiring parties filing unfair labor practice charges to submit supporting evidence within a short timeframe (generally two weeks). The agency is also prioritizing efficiency and encouraging early settlement of disputes.
These changes were reinforced through early February 2026 Board activity and guidance.
Implications:
Pennsylvania employers and unions should expect faster-moving NLRB investigations and increased pressure to resolve disputes early. Employers should be prepared to quickly gather documentation and respond to charges to protect their interests.
Conclusion: Looking Back on Pennsylvania’s Labor Law Updates from February 2026
With Pennsylvania courts continuing to clarify rights around wage-and-hour, discrimination, severance and contract disputes, and hostile work environments, having expert local counsel is vital. At HKM Employment Attorneys in Philadelphia, our dedicated team—including Brian Benestad, Amy Mathieu, and Stephanie Solomon—handles everything from breach of contract, data breach, and wrongful termination to FMLA/ADA accommodations and hostile workplace claims. We provide clear guidance, personalized support, and no‑fee‑unless‑we‑win advocacy. If recent developments in Philadelphia’s courts hit close to home, contact our Philadelphia office to explore how we can help enforce your rights and pursue justice.
