Summary of May 2026 Labor Law Updates for Philadelphia, Pennsylvania
This May 2026 employment update from HKM Employment Attorneys highlights notable Pennsylvania labor law developments for employees, HR professionals, and compliance leaders. The month brought an important prevailing-wage ruling, updated unemployment appeal procedures, workplace-discrimination decisions, regulatory activity, and significant labor negotiations.
Pennsylvania workplace rights can depend on strict deadlines, the correct administrative agency or court, and the specific facts of a working relationship. Employees and employers with questions about a wage issue, discrimination, retaliation, unemployment claim, union matter, or another Pennsylvania labor law concern can contact HKM Employment Attorneys for guidance.
PSP NE, LLC v. Pennsylvania Prevailing Wage Appeals Board — Court Ruling
Date: May 19, 2026
Summary: The Pennsylvania Supreme Court held that a build-to-suit lease for Pennsylvania State Police facilities was covered by the Pennsylvania Prevailing Wage Act. The Court rejected a narrow focus on which party carried construction risk and instead considered the project’s economic realities, including public rent payments and potential reimbursement of unamortized construction costs.
Implications: Public agencies, developers, contractors, and subcontractors should assess prevailing-wage coverage early in publicly supported construction projects. A private ownership structure or lease arrangement alone may not prevent prevailing-wage obligations when public funds effectively finance construction.
Pennsylvania Modernizes Unemployment Compensation Appeal Procedures — Final Rulemaking
Date: May 16, 2026
Summary: The Pennsylvania Unemployment Compensation Board of Review published final rules updating Chapter 101 procedures for appeals, notices, evidence, and hearings. The rules establish a framework for remote participation while preserving circumstances in which an in-person hearing is appropriate; however, the Board stated that it would delay use of video hearings until it has the necessary processes and infrastructure in place.
Implications: Employers and claimants should pay close attention to notices, delivery preferences, deadlines, and hearing instructions in unemployment cases. Parties with technology barriers or fairness concerns should raise them promptly when a remote proceeding is proposed.
Liberatore v. iSolutions Payments — Court Ruling on Philadelphia Discrimination Claims
Date: May 29, 2026
Summary: The Pennsylvania Superior Court affirmed dismissal of an employee’s Philadelphia discrimination, harassment, and retaliation claims. The Court held that filing with the Pennsylvania Human Relations Commission does not satisfy the Philadelphia Fair Practices Ordinance’s administrative-exhaustion requirement when the PHRC lacks jurisdiction over the employer; in that situation, the employee must file with the Philadelphia Commission on Human Relations.
Implications: Employees pursuing Philadelphia workplace-rights claims must carefully identify which agency has jurisdiction and meet the applicable filing deadlines. Employers should also understand that state and local administrative requirements can differ, particularly for smaller employers or multistate businesses.
Spallone v. Pennsylvania State Police — Court Ruling on Whistleblower-Law Venue
Date: May 28, 2026
Summary: The Commonwealth Court held that a Pennsylvania State Police employee’s Whistleblower Law claims belonged in the Commonwealth Court’s original jurisdiction. The Court concluded that the claims against the state agency were not tort-oriented claims subject to a jurisdictional exception that would allow the case to remain in a county court of common pleas.
Implications: This ruling is especially important for workers bringing whistleblower claims against Commonwealth agencies or state-level entities. Selecting the correct court at the outset can affect timing, costs, and whether a claim proceeds without procedural delay.
Etkins v. Dive North Hills, LLC — Federal Court Ruling on Pregnancy Discrimination
Date: May 28, 2026
Summary: A federal court in Western Pennsylvania denied summary judgment on an employee’s pregnancy-discrimination claims under Title VII and the Pennsylvania Human Relations Act, allowing those claims to proceed. The court granted summary judgment on the employee’s retaliation and Pregnant Workers Fairness Act claims, meaning the ruling did not establish liability but left the pregnancy-discrimination dispute for further proceedings.
Implications: Employers should document performance decisions carefully and respond promptly to pregnancy-related concerns and accommodation discussions. Employees should clearly communicate workplace needs and preserve written records of requests and employer responses.
Pennsylvania Elevator Safety Standards Move Forward — Regulatory Approval
Date: May 9, 2026
Summary: The Independent Regulatory Review Commission published approval of a Pennsylvania Department of Labor & Industry rule updating Uniform Construction Code requirements for elevator and lifting-device construction, repair, maintenance, and inspection. The action advanced the regulation through the review process but did not itself establish a new effective compliance date.
Implications: Elevator contractors, construction employers, property managers, and facility operators should monitor final publication and implementation notices. Businesses that maintain elevators or similar equipment may need to adjust safety, inspection, and maintenance practices once the rule takes effect.
House Bill 2481 Proposes Changes for Youth Apprenticeships — Legislative Proposal
Date: May 4, 2026
Summary: Pennsylvania House Bill 2481 was referred to the House Labor and Industry Committee. The proposal would amend the Child Labor Act regarding minors working in student-learner and apprenticeship programs, require review of related laws and regulations, and repeal certain existing regulations. It was not enacted in May.
Implications: Employers operating student-learner, career-technical, or youth apprenticeship programs should monitor the bill’s progress, but existing Pennsylvania child-labor compliance obligations remain in effect unless and until the legislation becomes law.
Hershey Labor Negotiations Highlight Skilled-Trades Workforce Issues — Labor Relations Development
Date: May 15, 2026
Summary: Hershey Entertainment & Resorts continued collective-bargaining negotiations with Chocolate Workers Local 464, representing more than 200 skilled-trades workers. The company reported that agreements had been ratified at two properties while negotiations continued for workers at Hersheypark, The Hotel Hershey, and GIANT Center.
Implications: The negotiations underscore how wages, health-care costs, retirement benefits, differentials, and staffing can become central issues in Pennsylvania labor relations. Unionized employers should maintain clear bargaining, contingency-planning, and workforce-communications strategies during active contract negotiations.
Conclusion: Looking Back on Pennsylvania’s Labor Law Updates from May 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 fierce 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.
