(1) Agency. Such office as the Mayor shall designate to administer and enforce this Chapter.
(2) Work Week. A period of seven consecutive days beginning on any designated day.
(3) Chain. A set of establishments that do business under the same trade name and that are characterized by standardized options for decor, marketing, packaging, products and services, regardless of the type of ownership of each individual establishment. This Chapter shall not apply to establishments which offer individual products under an individual license agreement but which otherwise do not meet this definition.
(4) Covered Employer. For purposes of this Chapter, limited to an Employer that is: A Retail Establishment, a Hospitality Establishment or a Food Services Establishment as defined in this Section, that employs 250 or more employees and has 30 or more locations worldwide regardless of where those employees perform work, including but not limited to chain establishments or franchises associated with a franchisor or network of franchises that employ more than 250 employees in aggregate. In determining the number of employees for purposes of this subsection, all employees performing work for compensation on a full-time, part-time or temporary basis shall be counted, provided that where the number of employees who work for an employer for compensation fluctuates, business size may be determined for the current calendar year based upon the average number of employees who worked for compensation per week during the preceding calendar year, and provided further that in determining the number of employees performing work for an employer that is a chain business, the total number of employees in that group of establishments shall be counted.
(5) Employee. Any person employed or permitted to work at or for a Covered Employer within the geographic boundaries of the City of Philadelphia, who is required under state or federal law to be paid at an overtime rate for hours in excess of a maximum number per workweek or Work Week; including but not limited to full-time employees, part-time employees, and seasonal and temporary workers. The person's job duties must involve the provision of retail trade services, food services or hospitality services at a Covered Employer, as further defined by regulation. An alleged employer bears the burden of proof that the individual is, under applicable law, an independent contractor rather than an employee of the alleged employer.
(6) Employer. Any individual, partnership, association, corporation or business trust or any person or group of persons, or a successor thereof, that employs another person, including any such entity or person acting directly or indirectly in the interest of the employer in relation to the employee. More than one entity may be the "employer" if employment by one employer is not completely disassociated from employment by the other employer.
(7) Food Services Establishment. A food services contractor; caterer; mobile food service; drinking place (alcoholic beverages); full service restaurant; limited-service restaurant; cafeteria, grill buffet, or buffet; or snack and nonalcoholic beverage bar, as defined under the 2012 and 2017 North American Industry Classification System ("NAICS") 722, or other classification or subsequent edition of the NAICS pursuant to rules promulgated by the Agency.
(8) Hospitality Establishment. A hotel or motel as defined under NAICS 721110, or other classification or subsequent edition of the NAICS pursuant to rules promulgated by the Agency.
(9) On-Call Shift (or On-Call Hours). Any time that an employer requires an employee to be available to work, and to contact the employer or the employer's designee or wait to be contacted by the employer or its designee, to determine whether the employee must report to work at that time.
(10) Predictability Pay. A payment calculated by reference to the employee's regular rate of pay as that term is defined under 34 Pa. Code § 231.43, and paid to an employee as compensation for changes made by the employer to an employee's Work Schedule, in addition to any wages earned for work performed by that employee. The Agency shall determine an appropriate regular rate of pay for any Tipped Employee, and provide for such rate by regulation.
(11) Retail Establishment. The fixed point-of-sale location of a retail business as defined under NAICS 441 through 454, or other classification or subsequent edition of the NAICS pursuant to rules promulgated by the Agency.
(12) Shift. The consecutive hours an employer requires an employee to work or to be on-call to work, provided that breaks totaling two hours or less shall not be considered an interruption of consecutive hours.
(13) Successor. Any person to whom an employer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys in bulk and not in the ordinary course of the employer's business, a major part of the property, whether real or personal, tangible or intangible, of the employer's business. For purposes of this definition, "person" means an individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, corporation, business trust, partnership, limited liability partnership, company, joint stock, company, limited liability company, association, joint venture, or any other legal or commercial entity.
(14) Ticketed event. A sporting, entertainment, civic, charitable or other event that requires a ticket for admission. The ticket may be electronic, physical or a name on a list held by the event organizer.
(15) Tipped Employee. An employee who customarily and regularly receives more than fifty dollars ($50) a month in tips from the same employment.
(16) Work Schedule. All of an employee's regular and on-call shifts, including specific start and end times for each shift, during a Work Week.
(17) Written Communication. Communication by print or electronic means, including email, text messages, use of scheduling applications, or other forms of communication that can be saved in their original format.
(1) Upon hiring an employee, a Covered Employer shall provide such employee with a written, good faith estimate of the employee's work schedule. The employer shall revise the good faith estimate when there is a significant change, as further defined by regulation, to the employee's work schedule due to changes in the employee's availability or to the employer's business needs. The good faith estimate is not a contractual offer binding the employer, but an estimate made without a good faith basis is a violation of this Section. The employer is encouraged to engage in an interactive process to discuss such employee requests, but may grant or deny the request for any reason that is not unlawful. The good faith estimate shall contain:
(a) The average number of work hours the employee can expect to work each week over a typical 90-day period;
(b) Whether the employee can expect to work any on-call shifts;
(c) A subset of days and a subset of times or shifts that the employee can typically expect to work, or days of the week and times or shifts on which the employee will not be scheduled to work.
(2) At the time of hire and during employment, the employee has the right to make work schedule requests. The requests protected under this Section include but are not limited to:
(a) Requests not to be scheduled for work shifts during certain days or times or at certain locations;
(b) Requests not to work on-call shifts;
(c) Requests for certain hours, days, or locations of work;
(d) Requests for more or fewer work hours.
(3) On or before the commencement of employment, a Covered Employer shall provide the employee with a written Work Schedule that runs through the last date of the currently posted schedule. Thereafter, an employer shall provide written notice of work hours as set forth in subsection 9-4602(4). Nothing in this subsection 9-4602(3) shall be construed to prohibit an Employer from providing greater advance notice of Employee's Work Schedules and/or changes in schedules than that required by this Section.
(4) Written notice of the Work Schedule shall be provided in a conspicuous and accessible location where employee notices are customarily posted. If the employer posts the notice in electronic format, all employees in the workplace must have access to it on-site. The Posted Work Schedule shall include the employees' shifts at that worksite, whether or not they are scheduled to work or be on-call that week, and shall be posted no later than 10 days before the first day of any new schedule from January 1, 2020 to December 31, 2020, and shall be posted no later than 14 days before the first day of any new schedule beginning January 1, 2021.
(5) A Covered Employer shall provide notice of any proposed changes to the Work Schedule as promptly as possible and prior to the change taking effect. The Covered Employer must revise the written Work Schedule to reflect any changes within 24 hours of making the change.
(6) An employee may decline to work any hours or additional shifts not included in the Posted Work Schedule. If the employee voluntarily consents to work such hours, such consent must be recorded by written communication. A written communication of an employee's desire to work shifts made available pursuant to Section 9-4605 shall constitute written consent.
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