ENFORCEMENT OF WORKER PROTECTION ORDINANCES

Philadelphia Code tit. 9, ch. 9-6600

in effect

Philadelphia Code § 9-6601 Definitions.

§ 9-6601. Definitions. (1) Enforcement Agency means the Office of Worker Protections, within the Department of Labor, or any other agency designated by the Mayor to enforce the Worker Protection Ordinances. (2) Complainant means the worker, or an entity on behalf of a worker, which has filed a complaint with the Enforcement Agency regarding suspected violation of a Worker Protection Ordinance. (3) Determination means the written findings and decision of the Enforcement Agency following investigation of a complaint alleging violations of a Worker Protection Ordinance. (4) Employer means any individual, corporation, association, partnership, or business trust, or any group of persons, or a successor thereof that contracts with a worker to perform labor. An employer includes any “employer” as defined under Sections 9-4103, 9-4301, 9-4601, any “hiring entity” as defined by Section 9-4501, or any “parking employer” as defined by Section 9-4701. (5) Parties means the Complainant and the Respondent. (6) Respondent means the person or entity against whom a complaint alleging violation of any Worker Protection Ordinance has been filed. (7) Worker means any person who has performed labor, including anyone who meets the definition of a domestic worker as defined by Section 9-4501, an “employee” as defined by Sections 9-4103, 9-4301, and 9-4601, “parking employee” as defined by Section 9-4701, or “worker” as defined by Section 9-6501. (8) Worker Protection Ordinance means any of the following Chapters of The Philadelphia Code: Chapter 9-4100 (Promoting Healthy Families and Workplaces); Chapter 9-4300 (Wage Theft Complaints); Chapter 9-4500 (Protections for Domestic Workers); Chapter 9-4600 (Fair Workweek Employment Standards); Chapter 9-4700 (Wrongful Discharge from Parking Employment), and Chapter 9-6500 (Protecting Victims of Retaliation), collectively referred to as the “Worker Protection Ordinances.”

Philadelphia Code § 9-6602 Worker Protection Ordinance Complaints.

§ 9-6602. Worker Protection Ordinance Complaints. (1) A Worker, or any other person or organization on behalf of a Worker or group of Workers, may file a complaint with the Enforcement Agency regarding a suspected violation of any Worker Protection Ordinance. (2) A Complainant is entitled to receive written confirmation of receipt of complaint from the Enforcement Agency. (3) If the Enforcement Agency rejects a complaint due to failure to meet jurisdictional requirements, the Complainant shall have the right to submit a revised complaint or appeal that decision to the Philadelphia Board of Labor Standards. A resubmitted complaint that the Enforcement Agency deems eligible for investigation shall be backdated to the filing date of the initial complaint. (4) The Enforcement Agency shall keep confidential the identity of any Complainant unless disclosure of such Complainant’s identity is necessary for resolution of any investigation by the Enforcement Agency or to allow an employer a fair opportunity to respond to an allegation, or otherwise required by law. The Enforcement Agency shall, to the extent practicable, notify such Complainant that the Enforcement Agency will be disclosing their identity prior to such disclosure. (5) The Complainant is entitled to receive written notice from the Enforcement Agency indicating the name and contact information for the investigator assigned to investigate their complaint. (6) A properly filed administrative complaint tolls the applicable statute of limitations for any court action.

Philadelphia Code § 9-6603 Investigation of Worker Protection Ordinance Violations.

§ 9-6603. Investigation of Worker Protection Ordinance Violations. (1) The Enforcement Agency is authorized to take such steps as it deems appropriate to resolve complaints and enforce any Worker Protection Ordinance, including, but not limited to, establishing a system to receive complaints regarding non-compliance with any Worker Protection Ordinance, investigating alleged violations in a timely manner, and resolving complaints through mediation. (2) Upon receiving a complaint alleging a violation of a Worker Protection Ordinance, the Enforcement Agency shall investigate such complaint and, if appropriate, attempt to resolve it through mediation. The Enforcement Agency may designate representatives to inspect worksites and access records required to be maintained under the Worker Protection Ordinances. The Enforcement Agency shall keep Complainants reasonably notified regarding the status of their complaint and any resulting investigation and shall notify Complainants of any determination of the Enforcement Agency, including any mediation result, with respect to the complaint. (3) The Enforcement Agency has the authority to open an investigation on its own initiative, absent a formal complaint, when it has reason to believe that a violation of a Worker Protection Ordinance has occurred or will occur, or when circumstances show that violations are likely to occur within a business or class of businesses. (4) The Enforcement Agency has authority to expand the scope of any investigation beyond a single individual’s claims to include all workers at an employer’s business in situations including, but not limited to, when the Enforcement Agency has reason to believe that multiple workers have or are likely to have experienced violations of a Worker Protection Ordinance, when a complaint alleges or suggests that the employer may be engaged in a pattern or practice of violations against multiple workers, or when requested by the Complainant. (5) Power to Subpoena Records and Testimony. Pursuant to the Philadelphia Home Rule Charter Sections 8-409 and 4-2300, the Enforcement Agency may issue subpoenas for records or testimony. If a recipient of the subpoena fails to timely respond to a subpoena or if the response is deficient, the Enforcement Agency may refer the subpoena to the City of Philadelphia Law Department to initiate proceedings to enforce the subpoena in a court of competent jurisdiction. (6) Failure to Respond. If a Respondent fails to timely respond to a subpoena or any other investigative request from the Enforcement Agency, or fails to appear at a mediation, the Enforcement Agency may proceed to consider the allegations contained in the complaint as uncontested and enter a Determination that the Respondent has violated the applicable Worker Protection Ordinance(s) based on the available information. (7) Prior to the issuance of a determination, or during mediation, the Enforcement Agency may encourage the parties to settle the Complaint on terms that are mutually agreeable. Where settlement is successful, the terms of the settlement agreement shall be reduced to writing and signed by the parties.

Philadelphia Code § 9-6604 Determinations.

§ 9-6604. Determinations. (1) Whenever the Enforcement Agency completes an investigation of a complaint, it shall issue a written Determination to the Respondent(s) and provide a copy to the Complainant, in English and the preferred language of the Complainant. (2) The Enforcement Agency shall have the power to seek penalties and fines for violations of the Worker Protection Ordinances and to provide or obtain appropriate relief, as set forth in each Worker Protection Ordinance. The Enforcement Agency may also require the Respondent to display written notice of Respondent’s violation of and failure to comply with a Worker Protection Ordinance in a conspicuous and accessible place in each establishment where Respondent’s employees are employed, in English and in any language that is the first language spoken by at least five percent (5%) of the employer’s workforce, in a form and manner determined by the Enforcement Agency.

Philadelphia Code § 9-6605 Appeals.

§ 9-6605. Appeals. (1) Any party aggrieved by any Determination, and who has a direct interest in such Determination, shall have the right to file an appeal therefrom to the City of Philadelphia Board of Labor Standards within thirty (30) days of the date of service of such Determination. Appeals shall be filed and conducted in the manner and in the form prescribed by any regulations, rules, procedures, policies, and orders adopted and promulgated by the Board of Labor Standards. (2) Failure to Appeal. Failure of a party aggrieved by any Determination to timely file an appeal to the Board of Labor Standards shall result in the Enforcement Agency’s Determination being final and enforceable pursuant to Section 9-6606 of this Chapter.

Philadelphia Code § 9-6606 Judicial Enforcement of Determinations.

§ 9-6606. Judicial Enforcement of Determinations. (1) If the Respondent fails to comply with any Determination, the Enforcement Agency or the City Solicitor shall have the authority to seek judicial enforcement of any relief ordered pursuant to this Chapter, including civil monetary penalties, liquidated damages, presumed damages, or other monetary and injunctive relief, but only after the Respondent has exhausted any appeals available to them under the Pennsylvania Local Agency Law or other applicable law. The Enforcement Agency’s final Determination shall constitute prima facie evidence that a violation occurred and shall be admissible without further evidentiary foundation. (2) Where a court of competent jurisdiction has entered a judgment pursuant to this subsection that includes monetary relief payable to a Complainant, the Complainant, the Enforcement Agency, or the City Solicitor shall have the right to initiate collections proceedings pursuant to Pennsylvania law for such monetary relief that remains unpaid.

Philadelphia Code § 9-6607 Notice Requirements.

§ 9-6607. Notice Requirements. (1) Employers shall provide notice to Workers setting forth the rights and privileges provided under any applicable Worker Protection Ordinance, including information on how to file a complaint for violations of such rights, stating that retaliation against Workers for exercising such rights is prohibited, and providing such other information as the Worker Protection Ordinance or Enforcement Agency may require. (2) Employers shall comply with subsection 9-6607(1) by, for , all information required under that subsection, either (a) supplying each of their employees with written notice in English and in any language that is the first language spoken by at least five percent (5%) of the employer’s workforce that contains the information required in subsection 9-6607(1); or (b) displaying poster(s) in a conspicuous and accessible place in each establishment where such Workers are employed which contains in English and in any language that is the first language spoken by at least five percent (5%) of the employer’s workforce. (3) The Enforcement Agency may create, and make available to employers, posters that contain the information required under subsection 9-6607(1) for each Worker Protection Ordinance for Employers’ use in complying with subsection 9-6607(2). (4) Notice and Posting Violations. If the Enforcement Agency determines that an Employer has violated any of the requirements set forth in subsection 9-6607(2), the Enforcement Agency is authorized to seek penalties and fines for noncompliance and to provide or obtain other appropriate remedies to or for the worker or workers. Such remedies may include: (a) A civil monetary penalty of no more than two thousand dollars ($2,000) for each violation; (b) Injunctive or equitable relief, if applicable, such as ordering that the Employer provide the required notice to former and current workers. (5) Extension of Statute of Limitations for Notice Violations. If an Employer fails to provide notice as required by this Section, the statute of limitations for filing an administrative complaint or civil action under the relevant Worker Protection Ordinance shall be equitably tolled during the time period in which the Employer has failed to comply with this Section. A Worker seeking equitable tolling under this subsection shall have the burden of proving that the required notice was not provided during the period for which the statute of limitations is extended.

Philadelphia Code § 9-6608 Annual Reporting.

§ 9-6608. Annual Reporting. (1) An annual report of the Enforcement Agency’s enforcement efforts will be transmitted to City Council by May 30th of each year. City Council will publish the report on a publicly available website thereafter. Such information will include: (a) The number of complaints received by the Enforcement Agency, by Worker Protection Ordinance, including the number of complaints found not actionable (including not eligible due to jurisdictional requirements or administratively closed for other reasons), and the number of complaints referred to other enforcement agencies. (b) The number of investigations conducted and the average timeframe between receipt of complaint and issuance of a Determination, by Worker Protection Ordinance. (c) The total number of violations found, by Worker Protection Ordinance and type of violation. (d) The total amount of monetary damages awarded to Complainants, including the average amount and range of remedies awarded to Complainants, and kinds of injunctive relief awarded, by Worker Protection Ordinance. (e) The total amount of fines paid to the City, by Worker Protection Ordinance. (f) The number of complaints appealed to the Board of Labor Standards, by Worker Protection Ordinance. (g) The number of business licenses referred to L&I for denial, suspension, or revocation. (h) The number of cases in which a Respondent failed to comply with a final Determination (after exhaustion of appeal rights), by Worker Protection Ordinance. (i) The number of civil actions filed in court by the Enforcement Agency to enforce a final Determination, by Worker Protection Ordinance. (j) The number of cases resolved via mediation, including the total amount of monetary damages recovered by Complainants via settlement, by Worker Protection Ordinance. (k) The total amount contributed to the worker justice fund in the fiscal year. (l) The number of requests to the worker justice fund based on economic, physical, or emotional harm and the total amount provided to workers for requests from the worker justice fund. (m) The number of requests made to and approved by the certifying official of the Enforcement Agency for immigrant worker relief. (n) The number and type of outreach efforts conducted by the Enforcement Agency, by zip code. (2) Bad Actors Database. The Enforcement Agency will publish on a publicly available website and transmit to the President of City Council and the Chair of the Committee on Labor and Civil Service the following information by May 30th of each year: (a) The information listed in subsection 9-6608(2)(b), below, for any Employer who: (.1) Has been issued three or more of the following from separate incidents or circumstances: (.a) a Determination, for which all appeal rights have been exhausted, finding the Employer to have violated any Worker Protection Ordinance; (.b) a final order by the Board of Labor Standards, for which all appeal rights have been exhausted, finding the Employer to have violated any Worker Protection Ordinance; and/or (.c) a final order by a court, for which all appeal rights have been exhausted, finding the Employer liable for violation of any Worker Protection Ordinance. (.2) Has failed to comply with any remedies applicable to the Complainant by the deadlines set forth in a Determination for which all appeal rights have been exhausted, or in a final decision by the Board of Labor Standards for which all appeal rights have been exhausted, or in a final order by a court for which all appeal rights have been exhausted. (.3) Has been issued a Determination for which all appeal rights have been exhausted, a final decision by the Board of Labor Standards for which all appeal rights have been exhausted, or a final order by a court for which all appeal rights have been exhausted, finding the Employer to have violated any Worker Protection Ordinance after having previously satisfied obligations leading to the Employer’s removal from the Bad Actors Database under subsection 9-6608(2)(d). (b) The following information for each Employer who meets the qualifications of subsection 9-6608(2)(a) (.1) name of the Employer; (.2) location of the workplace and type of workplace involved; (.3) the number of complaints filed against the Employer; (.4) the Worker Protection Ordinance that was violated; and (.5) the date on which the relevant Determination, order of the Board of Labor Standards, or court order became final. (c) Petition for addition to the Bad Actors Database. Any Worker or representative of a Worker may petition the Enforcement Agency to add any Employer to the database who meets the criteria for the database in subsection 9-6608(2)(a). The Enforcement Agency should respond in writing to the worker or representative of a worker within thirty (30) days. (d) Application for Removal from the Bad Actors Database. An Employer has the right to be removed from the Bad Actors Database upon application to the Enforcement Agency by providing the following: (.1) For Employers placed on the Bad Actors list pursuant to subsection 9-6608(2)(a)(.1): (.a) A showing that two (2) years have passed since the date on which the most recent Determination, decision, or order finding the Employer in violation of any Worker Protection Ordinance became final; (.b) A written certification that the Employer provided its Workers with notification of their rights under the applicable Worker Protection Ordinances in accordance with Section 9-6607; and (.c) A written certification that the Employer will not violate any applicable Worker Protection Ordinance going forward. (.2) For Employers placed on the Bad Actors list pursuant to subsection 9-6608(2)(a)(.2): (.a) Proof that the Employer has complied with the relevant Determination, order of the Board of Labor Standards, or court order under subsection 9-6608(2)(a)(.2) and has paid all restitution owed to the Complainant; (.b) A written certification that the Employer has provided its Workers with notification of their rights under any applicable Worker Protection Ordinances in accordance with Section 9-6607; and (.c) A written certification that the Employer will not violate any Worker Protection Ordinance going forward. (.3) Certification that the ownership of the Employer has meaningfully changed.

Philadelphia Code § 9-6609 License Revocation and Procurement.

§ 9-6609. License Revocation and Procurement. (1) The Enforcement Agency is authorized to notify the Philadelphia Department of Licenses and Inspections and the Philadelphia Department of Procurement about any employer who meets the criteria set forth in subsection 9-6608(2)(a). (2) Upon notice from the Enforcement Agency, the Department of Licenses and Inspections shall have the authority to deny an application for or revoke a commercial activity license or any other license of any employer who meets the criteria set forth in subsection 9-6608(2)(a). The Department of Licenses and Inspections will follow all procedures required by Section 9-103. (3) If an employer or person meets the criteria set forth in subsection 9-6608(2)(a), the Department of Procurement shall have the authority to deem that employer or person to be ineligible for any future City contract. (4) All City contracts shall contain a provision that the contract shall be revocable at the City’s option if the person entering into the contract with the City shall meet the criteria set forth in subsection 9-6608(2)(a).

Philadelphia Code § 9-6610 Immigrant Worker Relief.

§ 9-6610. Immigrant Worker Relief. (1) The Enforcement Agency is authorized to certify and submit statements of interest on behalf of immigrant 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 (2000), or for the Deferred Action Program under 6 U.S.C. § 202(5) and 8 U.S.C. § 1103. (2) Designation of Certifying Official. The Enforcement Agency will designate at least one certifying official to issue certifications on behalf of the Enforcement Agency, and who will have publicly available contact information for certification requests. (3) Criteria. In accordance with current U.S. Citizenship and Immigration Services (“USCIS”) requirements, filing of criminal charges, prosecution, or conviction is not required for a worker to request and obtain certification. (4) Denial Explanation. In the event of a denial of any request, the worker is entitled to receive a written explanation including the grounds for the denial. After receiving a denial, the worker may submit additional evidence to the Enforcement Agency for reconsideration of their request.

Philadelphia Code § 9-6611 Severability.

§ 9-6611. Severability. If any provision of this Chapter or application thereof to any person or circumstance is judged invalid, the invalidity shall not affect other provisions or applications of the Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared severable.

Source: City of Philadelphia, The Philadelphia Code and Home Rule Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-307556Fetched: 10/27/2026