In the November 10, 2025 edition of The Legal Intelligencer, Aaron Peskin writes, “POWER Act—A Philadelphia Game Changer.”

It has been no secret that for many years, Pennsylvania has lagged behind its neighbors, particularly New Jersey, when it comes to protections for whistleblowing employees. While employees on both sides of the river enjoy the same federal whistleblower protections, the similarities end at the state level. New Jersey has the Conscientious Employee Protection Act (CEPA). This statute covers all New Jersey employees and generally protects any employee that reports or objects to any sort of conduct that they believe to be illegal, unethical, or contrary to public policy. Pennsylvania meanwhile has the Pennsylvania Whistleblower Law. While that law does protect employees that report conduct of “wrongdoing or waste.” However, the scope of what is considered to be “wrongdoing or waste” has been found to be relatively narrow by courts interpreting that statute, especially the U.S. District Court for the Middle of District of Pennsylvania. And the biggest hurdle to making a claim under the Pennsylvania Whistleblower Law is that the employer must be a “public body.” This means that unless your employer is either a public entity funded by Pennsylvania tax dollars or a private entity that receives public funds, you are out of luck. This stands in stark contrast to CEPA, where any employee can sue any employer for retaliation for reporting or objecting to a wide range of conduct. And New Jersey courts have interpreted that statute as broadly as possible to favor employees.

While Pennsylvania does not have particularly strong employee protections against retaliation, Philadelphia employees now enjoy protections similar to those employees across the river thanks to the “Protect Our Workers, Enforce Rights (POWER) Act.” This law was passed by Philadelphia City Council and signed by Mayor Cherelle Parker on May 27, 2025. This act made significant changes to Title 9 of the Philadelphia Code and greatly strengthened employee protections against retaliation.

Specifically, the POWER Act prohibits retaliation against any employee seeking to assert their rights under any “Worker Protection Ordinance,” which is broadly defined to a wide range of Philadelphia ordinances protecting workers, such as concerning wage theft, fair workweek standards, and protections for domestic workers. The protected activities are similarly broadly defined and include seeking information about one’s rights, discussing their rights with another person, objecting to or refusing to participate in any conduct that violates a worker protection ordinance, making an oral or written complaint to an employer, filing a complaint with any governmental agency or court, and providing evidence or participating in any court or administrative proceeding relating to a formal or informal complaint. The POWER Act also explicitly prohibits an employer from retaliating against an employee that takes sick leave under the Philadelphia Sick Leave Law.

Perhaps most importantly, the POWER Act creates a rebuttable presumption of retaliation when an employer takes an adverse employment action, such as firing, suspending, demoting or otherwise penalizing an employee, within 90 days of the protected activity. This effectively turns the relevant standard for retaliation on its ear. In New Jersey and when dealing with Federal statutes, 90 days is generally held to create an inference of retaliation, but one that is can be rebutted by the employer through a preponderance of the evidence to show legitimate non-retaliatory reason(s) for the adverse employment action. In Philadelphia, however, the employer must show the non-retaliatory reason(s) by way of clear and convincing evidence. This is a significantly higher bar than that in most other jurisdictions and employers should be mindful of this standard.

Beyond the retaliation protections the POWER Act is also a gamechanger in several other respects. First, the POWER Act has strengthened the Philadelphia Department of Labor’s Office of Worker Protections (OWP), empowering it to conduct proactive workplace investigations and to hold employers accountable for violations of Philadelphia ordinances, such as the paid sick leave law and the Domestic Workers’ Bill of Rights. It also allows the city to suspend or revoke business licenses and city procurement contracts of employers with repeated violations and requires the creation of a “bad actors database” that publicly lists employers with three or more violations. If OWP finds that employer has violated the POWER Act, the agency can seek civil penalties of $2,000 for each violation. Those fines will be paid into a Worker Justice Fund, which will give back to employees that have suffered monetarily, physically, or mentally as a result of retaliation.

Second, while the OWP has extensive enforcement power, an employee does not necessarily have to exercise their rights through that office. The POWER Act also creates a private right of action against an employer that violates that ordinance and they do not need to exhaust administrative remedies (such as reporting to OWP) before doing so. In doing so, employees can seek damages directly from the employer, which is a significant change from previous practices where penalties were directed solely to the City. Before filing suit, an employee must give the employer the opportunity to cure the alleged infraction within 15 days, but that requirement is waived for instances of retaliation. That means that an employee may file suit immediately after he or she believes that retaliation has taken place. The statute of limitations for a claim under the POWER Act is three years, which is significantly longer than most federal statutes and even two years beyond that permitted under CEPA.

Third, the POWER has strengthened protections for immigrant workers. It authorizes the OWP to certification applications and submit statements of interest on behalf of those workers, including those subject to unlawful retaliation, who may be eligible for a U Visa or T Visa under the Victims of Trafficking and Violence Protection Act or for the Deferred Action Program.

Firms included in the 2021 Edition of U.S. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a firm must first have a lawyer recognized in The Best Lawyers in America^©, which recognizes 5% of lawyers practicing in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

The 2021 rankings are based on the highest lawyer and firm participation on record, incorporating 8.3 million evaluations of more than 110,000 individual leading lawyers from more than 22,000 firms.

With Complaints Rapidly Increasing across the U.S., Now is the time to act

As of May 26, 2020, 2,278 complaints have been filed nationwide over the global pandemic COVID-19 according to the COVID-19 Complaint Tracker developed by lawyers at Hunton Andrews Kurth LLP. While the largest amount of these complaints deal with prison conditions and civil rights , the next highest areas of litigation involve insurance disputes, consumer disputes, labor and employment issues  and contract disputes. Claims regarding employment, contracts and force majeure provisions, or clauses contained in contracts which excuse performance due to natural destructive acts also known as “acts of God,” are on the rise. These complaints will continue to be filed as the effects of COVID-19 continue to be felt in ever-changing ways. Many of these complaints have been filed in jurisdictions where Kang Haggerty regularly practices—namely COVID-19 hot spots New York, Pennsylvania and New Jersey.

Although the COVID-19 Complaint tracker does not capture all of the COVID-19 related cases filed, it does provide insight into how this disruptive and deadly virus has negatively impacted business and individuals across the United States. Further, these metrics only represent disputes that have escalated to the point of initiating litigation, a costly and potentially prolonged endeavor. Many disputes are not captured in the above data either because a wronged party has not retained representation to advocate for their grievance, talks between opposing parties are ongoing, or settlements have been reached. Determining your best course of action can be critical.

Filing a complaint is one of the many tools skilled litigators have in their arsenal to obtain favorable outcomes for their clients. But before filing a complaint one needs to be clear on what terms govern your agreement, the responsibilities of all parties involved, how actions taken by either party may result in a breach to the agreement, and what protections from disruption are afforded to you under the terms of your agreement, your municipality, state or, or under federal statute. By consulting a lawyer to analyze your situation promptly, you may be able to avoid costly litigation related to any disruptions in service you experience or provide as a result of COVID-19. Kang Haggerty LLC has, for instance, successfully utilized force majeure clauses to excuse nonperformance under contracts, which enabled clients facing millions of dollars in liabilities to walk away from disrupted contracts with no penalty fees assessed or for significantly less than they were facing in settlements. As the metrics make clear, COVID-19 is fertile ground for disputes among individuals and businesses that continue to grow each day as our nation attempts to achieve a new normal.

Please consult our Kang Haggerty COVID-19 Resources: Preparing for Post COVID-19 Litigation page for additional information on specific practice areas and issues to consider, along with helpful tips and advice on preparing for reopening in a COVID-19 world, reducing liability and the likelihood of being sued successfully.

Tianna K. Kalogerakis is an associate at Kang Haggerty LLC, where she concentrates her practice on commercial litigation and business disputes. Tianna is the immediate past president of Barristers’ Association of Philadelphia.

In a changing COVID-19 world filled with new regulations, adjustments, and uncertainty, Kang Haggerty provides services to help our clients avoid litigation or to obtain favorable outcomes in litigation. Some COVID-19 services offered by Kang Haggerty that will help you address COVID-19-related issues include:

• Covid-19 Whistleblower, Qui Tam and False Claims Actions regarding recoupment of misappropriates government funds
• Contracting Disputes Resulting from Non-performance due to COVID-19 and the Invocation of Force Majeure
• Business Disruption or Business Loss Claims due to COVID-19
• Insurance Litigation and Recovery
• Insurance Bad Faith Claims for Refusal to Pay for COVID-19 Losses
• Legal Issues Involving Supply Chain & Distribution
• Compliance with Pennsylvania’s Guidance for Construction Industry Businesses Permitted to Operate During the COVID-19 Disaster Emergency
• Compliance with the City of Philadelphia’s Guidance for Construction Industry Businesses Permitted to Operate During the COVID-19 Disaster Emergency
• Employer liability for Employee Exposure to COVID-19
• Compliance with HIPAA regarding Privacy Standards and Security Measures for Protected Health Information and electronically stored Protected Health Information

Kang Haggerty can provide consultations and analyses on any of the above matters and more, specific to your needs and considerations. COVID-19 presents a series of unique and circumstances in a landscape that is ever-changing. Consult one of our attorneys today to learn the most up-to-date insight on COVID-19 issues impacting you.

Additionally, our business clients can take steps today to prepare for reopening in a COVID-19 world and reducing their liability and the likelihood of being sued successfully:

1. Have a justification for the actions you take
2. Thoroughly document your actions
3. Encourage remote work be confined to company-issued devices and programs
4. Assess your document retention policies
5. Evaluate your regulatory compliance and potential exposure
6. Search for small problems that may become big problems over time
7. Be wary of wrongful conduct and avoid engaging in questionable conduct
8. Touch base with your clients and vendors to keep your rapport strong
9. Determine whether changes or concessions are needed in your contract
10. Consider the future and how your business may grow to take advantage of opportunities presented

Now is the time to take steps to insulate you and your business from liability. Contact us today to determine what steps you should take to protect yourself and your business.

During this time period, the courts are authorizing alternative methods for signing, delivering, and service of court orders if authorized by each individual judge. Residential writs of possession (issuance, execution, and enforcement) are stayed until June 1, 2020.  The Philadelphia County Sheriff’s Mortgage Foreclosure Sale scheduled for June, 2, 2020 will be rescheduled for Tuesday September 1, 2020. The Philadelphia County Sheriff’s Tax Sales June 2020 dates will be rescheduled for dates in September 2020.

Kang Haggerty continues to monitor the orders and other guidance by various courts, which are rapidly changing. Clients should contact their Kang Haggerty attorney for questions related to their specific matters.

While COVID-19 continues to wreak havoc on our daily lives, the Judiciary continues to operate as an essential function. At Kang Haggerty, as business litigation attorneys, we continue to prepare for trials and arbitrations by doing what most of us are doing—working remotely–in conducting depositions, discovery, legal research and diligently protecting the interests of our clients. However, the safety and well-being of everyone necessitates delays and postponements in court activities. We are following these daily changes in the many courts where we appear.

At our “home base” here in Philadelphia, yesterday the Philadelphia Court of Common Please Trial Division announced postponements of Civil Trials, Compulsory Arbitration Hearings and other Civil Court events.

Last Updated: April 3, 2020

As the COVID-19 continues to spread, each day creates a new challenge. Courts are issuing standing orders regarding delays and closures to protect the public health and ensure the courts continue to operate as effectively as possible. Below is a summary of the most recent orders issued by the Supreme Courts in New Jersey and Pennsylvania regarding certain deadlines and extensions.

On Friday, March 27, 2020, the Supreme Court of New Jersey entered a standing order regarding State court operations amidst the current pandemic, such as:

• All jury trials are suspended and will be rescheduled for a date following April 26, 2020
• No new civil or criminal jury trials will be conducted until further notice
• All current grand jury sessions, including State Grand Jury, are cancelled until April 26, 2020, and new notices will be issued for rescheduling for a date following April 26, 2020.
• Municipal Court sessions are suspended through April 26, 2020
• The courts will deem excluded the time period of March 16 through April 26, 2020, when calculating deadlines, and classify these dates as legal holidays, for discovery periods and filing deadlines and filings in civil cases will be deemed timely if filed by April 27, 2020
• All non- emergency court proceedings, such as civil arbitrations and Matrimonial Early Settlement Panels scheduled from March 16 through April 26, 2020, have been postponed and will reconvene April 27, 2020 (likely by telephonic or video participation)
• Landlord/Tenant calendars are suspended through April 26, 2020, and evictions of residential tenants are suspended in accordance with Executive Order 106 (March 19, 2020)

On April 1, 2020, the Supreme Court of Pennsylvania entered an order regarding its State courts with supplemental information and extensions from its earlier March 16, 2020 order, including:

• All jury and non-jury trials, both criminal and civil, are suspended
• Jurors shall not report for jury duty through April 30, 2020
• All Pennsylvania courts shall remain generally closed to the public through April 30, 2020
• All Magisterial District Courts, Philadelphia Municipal Court, and Philadelphia Arraignment Court shall remain closed to the public, except for essential functions such as emergency protection from abuse, criminal case filings and subsequent processing, and any other function deemed essential by a President Judge
• All time calculations for purposes of time computation and deadlines are suspended through April 30, 2020
• All legal papers or pleadings that were required to be filed between March 19, 2020 and April 30, 2020 will be deemed to have been timely filed if they are filed by May 1, 2020
• There is a stay on any eviction, ejectment, or other displacement from a residence based on failure to pay rent, loan, or other similar payment

Kang Haggerty continues to monitor the orders and other guidance by various courts, which are rapidly changing. Clients should contact their Kang Haggerty attorney for questions related to their specific matters.

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion. 

Original Post:

Last week, we posted that, after a few false starts, the IRS announced the federal income tax filing due date was automatically extended to July 15, 2020, which meant that both tax returns and tax payments originally due to be filed April 15th with the IRS are extended three months.

No person or entity shall operate a place of business in the Commonwealth that is not a life sustaining business regardless of whether the business is open to members of the public. This prohibition does not apply to virtual or telework operations (e.g., work from home), so long as social distancing and other mitigation measures are followed in such operations.

Enforcement action for non-compliance are now in effect (having been extended to last night at 8pm).[i] Business who are not compliant will forfeit their ability to receive disaster relief or funding, in addition to other potential violations.  According to the Governor’s spokesperson, Lyndsay Kensinger, “Law enforcement has a range of potential actions when enforcing the governor’s business closure order, such as notification that the closure order exists; warning to close; citation; and mandatory closure…Law enforcement will use appropriate discretion while ensuring that businesses are actively complying with the order.”[ii]

Non-exempt businesses have the option of submitting a waiver request from the March 19^th order, allowing their business’s physical location to remain open. The waiver is accessible through the Department of Community and Economic Development (DCED) website. Business owners can complete the short questionnaire for the waiver and submit it online here or by email to ra-dcexemption@pa.gov.  Additional information can be obtained by emailing ra-dcedcs@pa.gov. The DCED is reviewing the waivers and contacting businesses directly with their decision, though businesses may expect an automated replay and – until their exemptions are granted – must stay closed.

[i] https://www.pa.gov/guides/responding-to-covid-19/#ForBusinesses

[ii] https://papost.org/2020/03/19/gov-tom-wolf-orders-all-pennsylvania-businesses-that-arent-life-sustaining-to-close-will-enforce-order/

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Commitee, Jackie strives to be a resource to and ears of the residents in her hometown. 

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion.