Fair Labor
FIGHTING FOR THE WORKING CLASS CITIZENS OF PA
Watch The VideoHard-working Pennsylvanians deserve honest wages and fair treatment. Violating workers’ rights has an adverse effect on our dynamic community, particularly those most vulnerable and underpaid.
Our office defends workers against:
- Wage Theft (including tip stealing)
- Misclassifaction and Similar Unlawful Actions
- Discriminatory Practices in the Workplace
How we do it:
- Partner with Federal, State and Local Agencies
- Build Relationships with Various Stakeholder Communities (Including Organized Labor)
- Partner with Workers' Rights Groups
We need your help
Workers who believe that their rights have been violated in their workplace are encouraged to email the Fair Labor Section at fairlabor@attorneygeneral.gov or file a complaint online.
Protecting Workers’ Tips
Attorney General Josh Shapiro led a coalition of 17 Attorneys General in opposing a Trump Administration plan to eliminate protections for tipped workers that would have allowed employers to steal their tips. One study suggested the proposed rule change would have allowed employers to take up to $5.8 billion of workers’ earned tips each year.
Definitions
- Fair Labor Standards Act
- Under FLSA, employers must pay their employees the federal minimum wage ($7.25/hour)
- Tip Credit
- Employers can elect to pay employees federal minimum wage – or – pay a lower cash wage ($2.83/hour in PA), allowing employees to make up the difference with tips
- Tip Stealing
- A form of wage theft in which employers, managers, or supervisors keep workers’ tips
Numbers
Resource: Economic Policy Institute
WHY IT MATTERS
States Involved
Timeline
AG ACTION
No-Poach Agreements Limit Opportunities for Workers
Shapiro and several fellow Attorneys General sent letters to eight national fast food franchisors — raising concerns about their use of "no-poach" agreements in franchise contracts.
Definitions
- No-Poach Agreements
- Clauses, often contained in franchise contracts
- Prevent workers from switching between employers of the same franchise in order to obtain a better job with a higher salary / improved working conditions
Numbers
WHY IT MATTERS
States Involved
Timeline
AG ACTION
The Limitations of the Janus Case and Support for Workers’ Rights
On January 22, 2018, a coalition of Attorneys General filed an amicus brief in the case of Mark Janus v. AFSCME Council 31 urging the U.S. Supreme Court to uphold precedent protecting “fair share” provisions in public sector collective bargaining agreements
Definitions
- Collective Bargaining
- Negotiation of wages and other conditions of employment by an organized body of employees
Janus v. AFSCME
- Supreme Court decision passed down on June 27, 2018
- Overturned prior Supreme Court precedent – now harming unions’ ability to collectively bargain
- Public sector employers can no longer deduct fair share fees from non-union members’ wages without their consent
States Involved
Timeline
AG ACTION
AG Shapiro then issued guidance + clarification on SCOTUS’ decision
AG Shapiro continues to fight for collective bargaining rights and protect workers