Private Right of Action.
Philadelphia Code § 9-4305
in effect§ 9-4305. Private Right of Action.
(1) An employee or an Authorized Organization may file a civil action in any court of competent jurisdiction against an employer violating this Chapter. Before a civil action for damages under this Chapter may be initiated, the employer must be put on notice of the alleged violation and provided 15 days to remedy the harm. Such notice shall be provided in writing by an employee, their representative, or any entity a member of which is allegedly aggrieved by a violation of this Chapter. This 15-day waiting period provision shall not apply to claims involving willful misconduct or retaliation. Upon prevailing in an action brought pursuant to this Section, an aggrieved person shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation, that is not duplicative of any relief provided to the person in any administrative proceedings or other judicial proceedings, including, without limitation, the penalties, damages, and remedies listed in Section 9-4307, and injunctive relief. The aggrieved person shall be entitled to an award of reasonable attorney’s fees and costs.
(2) If during the pendency of a complaint submitted pursuant to Section 9-4303, prior to the issuance of a final determination, a complainant employee or Authorized Organization brings a private action in its own right, whether under this Ordinance, state law, or federal law, in any state or federal court, seeking unpaid wages based upon the same facts and allegations as the complainant employee's complaint under the Chapter, or affirmatively or by consent opts to participate in any such litigation, that complainant employee's complaint of wage theft to the Enforcement Agency shall be deemed withdrawn with respect to any respondent employer named as a defendant in such court action. This Section shall be interpreted narrowly so as to leave unaffected any cumulative rights which were not the subject of the complainant employee’s complaint.
(3) Nothing in this Chapter or its implementing regulations shall be construed as to require a complaint to be filed with the Enforcement Agency before bringing a civil action in court or before any other governmental agency.
(4) The limitations period for a civil action brought pursuant to this Section shall be three (3) years from the date complainant knew or should have known of the alleged violation, subject to the exceptions under subsection 9-6602(6) and subsection 9-6607(5).
Notes
1362 | Amended, Bill No. 171113 (approved March 6, 2018); amended, Bill No. 250065 (approved May 27, 2025).
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/0-0-0-280651Fetched: 10/27/2026