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Fair Labor

FIGHTING FOR THE WORKING CLASS CITIZENS OF PA

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Hard-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

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"Our labor laws must be consistent with the changing nature of our economy in order to adequately protect workers, and we must be able to hold employers accountable when they are not treating their workers fairly."



On the road fighting for fair wages:

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

Federal Minimum Wage
$7.25/HR
Federal "Tip Credit" Floor
$2.13/HR
PA "Tip Credit" Floor
$2.83/HR
$5.8BILLION
lost in workers' tips every year

Resource: Economic Policy Institute

WHY IT MATTERS

Customers expect the tips they leave for waiters, waitresses, bartenders, etc. to go to those employees – not their employers
These employees depend on tips to supplement their income, feed their families and pay their bills
Allowing employers to take employees’ tips is not only unfair and misguided – it’s unlawful

States Involved

Other States Involved

Timeline

AG ACTION

AG Shapiro led a coalition of 17 AGs to eliminate the Trump Administration’s Tip Stealing rule
As a result of AG Shapiro’s action, Congress included language prohibiting employers from taking workers’ tips in the Consolidated Appropriations Act of 2018

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

58%
of major franchisors have no-poach provisions in their franchise agreements

WHY IT MATTERS

These provisions have led to persistent low wage growth & are anticompetitive

States Involved

Other States Involved

Timeline

AG ACTION

AG Shapiro + fellow AGs sent letters to eight national fast food franchisors (including Arby’s, Burger King, Dunkin, Five Guys, Little Caesars, Panera, and Popeyes)
Requested documents (franchise agreements, communications related to no-poach provisions, etc.) & demanded responses regarding their use of no-poach agreements

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

Other States Involved

Timeline

AG ACTION

AG Shapiro took legal action (January 22, 2018) urging SCOTUS to uphold precedent protecting “fair share” provisions in public sector collective bargaining agreements

AG Shapiro then issued guidance + clarification on SCOTUS’ decision

AG Shapiro continues to fight for collective bargaining rights and protect workers

Other Actions

Briefs | Comments