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WAGE THEFT COMPLAINTS

Philadelphia Code tit. 9, ch. 9-4300
in effect

Philadelphia Code § 9-4301 Definitions.

§ 9-4301. Definitions. (1) Authorized Organization means a group of employees, labor organization or party acting on behalf of an employee to whom any type of wages is payable. (2) Employee shall include any individual who meets the definition of “employee” in the Pennsylvania Minimum Wage Act, Act of Jan. 17, 1968, P.L. 11, No. 5, as amended, or the definition of “employee” under the Fair Labor Standards Act, 29 U.S.C. § 203, or any individual who is employed by an “employer”, as defined in the Pennsylvania Wage Payment and Collection Law, Act of July 14, 1961, P.L. 637, No. 329, as amended. (3) Employer shall have the same meaning as in the Pennsylvania Minimum Wage, Act of Jan. 17, 1968, P.L. 11, No. 5, as amended and the Wage Payment and Collection Law, Act of July 14, 1961, P.L. 637, No. 329, as amended. (4) 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, as defined under Section 9-6601. (5) Minimum Threshold Amount means one hundred dollars ($100). (6) Proper Party means: (a) An employee alleging wage theft; or (b) Any member of an entity which alleges wage theft. (7) Wages shall have the same meaning as in the Pennsylvania Wage Payment and Collection Law, Act of July 14, 1961, P.L. 637, No. 329, as amended. (8) Wage Theft means a violation of the Pennsylvania Wage Payment and Collection Law, Act of July 14, 1961, P.L. 637, No. 329, as amended, or a violation of the Pennsylvania Minimum Wage Act, Act of Jan. 17, 1968, P.L. 11, No. 5, as amended, or any other federal or state law regulating the payment of wages, where the work is performed in Philadelphia or the employment contract underlying the violation is made in Philadelphia. Notes 1357 | Amended, Bill No. 250065 (approved May 27, 2025).

Philadelphia Code § 9-4301.1 Wage Payment Claims.

§ 9-4301.1. Wage Payment Claims. Any conduct that constitutes wage theft, as defined by this Chapter, shall constitute a violation of this Code to the extent permissible under federal or state law. Each week during which an employee has suffered wage theft is a separate violation. Notes 1358 | Added, Bill No. 171113 (approved March 6, 2018); amended, Bill No. 250065 (approved May 27, 2025).

Philadelphia Code § 9-4303 Procedures for Wage Theft Complaints.

§ 9-4303. Procedures for Wage Theft Complaints. (1) Filing Wage Theft Complaints. (a) The Enforcement Agency is authorized to receive, investigate, and resolve complaints regarding violations of this Chapter in accordance with the procedures set forth under Chapter 9-6600. (b) A proper party must allege a violation in which the unpaid wages are equal to or greater than the minimum threshold amount. (c) Any complaint alleging a violation of this Chapter must be filed within three years of the date the complainant knew or should have known of the alleged violations, subject to the exceptions under subsection 9-6607(5). A wage theft complaint properly filed under this Section tolls the applicable statute of limitations for any action in state or federal court concerning a claim under this Chapter. (2) Standards for Resolving Factual Disputes. (a) In the event that there is a factual dispute as to whether wages are owed or the amount of wages that are owed, the complainant shall bear the burden of proof by a preponderance of the evidence. (b) If an employer fails to keep records of an employee's hours worked and/or records of compensation provided to an employee, or if such records are imprecise or inadequate, the employee may meet the burden of proof by providing sufficient evidence to support a just and reasonable estimate of the wages owed. Such evidence may include, but is not limited to, text messages, emails, or other written communications, photographs, location data, and written or oral statements made by the complainant to the Enforcement Agency. (c) Failure to provide any records by the employer or employers, or failure to allow the Enforcement Agency reasonable access to such records within 30 days of the Enforcement Agency’s request or any extension thereof by the Enforcement Agency upon a showing of good cause, shall raise a presumption that the wages complained of were not paid, absent clear and convincing evidence to the contrary. (d) An employer may present other evidence to negate the reasonableness of the inferences to be drawn from the complainant’s evidence in subsection (2)(b), but the burden is on the employer to do so. Notes 1360 | Amended, Bill No. 171113 (approved March 6, 2018); amended, Bill No. 250065 (approved May 27, 2025).

Philadelphia Code § 9-4304 Retaliation Prohibited.

§ 9-4304. Retaliation Prohibited. It shall be unlawful for a hiring entity or any other person to interfere with, restrain, deny the exercise of, or the attempt to exercise, any right set forth in this Chapter, or to retaliate against an employee for exercising any rights protected by this Chapter, as provided in Chapter 9-6500. Notes 1361 | Amended, Bill No. 250065 (approved May 27, 2025).

Philadelphia Code § 9-4305 Private Right of Action.

§ 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).

Philadelphia Code § 9-4306 Joint and Several Liability.

§ 9-4306. Joint and Several Liability. In an action brought under this Chapter, two or more respondents may be held as jointly and severally liable for any amount payable to the complainant; however, the total amount the complainant may receive from jointly and severally liable respondents shall not exceed the total amount for which respondents are jointly and severally liable. Notes 1363 | Amended, Bill No. 171113 (approved March 6, 2018).

Philadelphia Code § 9-4307 Penalties for Wage Theft.

§ 9-4307. Penalties for Wage Theft. (1) The Enforcement Agency is authorized to administratively adjudicate potential violations of this Chapter and shall have the power to seek penalties and fines for any violation of this Chapter pursuant to subsection (1)(a), below, and to provide or obtain appropriate relief. Remedies shall include ordering an employer to pay the unpaid wages due, with interest, to the employee and liquidated damages pursuant to subsection (1)(b), below. (a) If the Enforcement Agency determines that a violation under this Chapter has occurred, the Enforcement Agency may seek a civil monetary penalty of two thousand dollars ($2,000) for each violation, payable to the City. (b) If the Agency determines that a violation under this Chapter has occurred, the complaining employee shall be entitled to liquidated damages, in accordance with state and federal wage laws, in an amount equal to the unpaid wages or five hundred dollars ($500), whichever is greater, payable to the employee and awarded at the time a determination is issued by the Agency. Liquidated damages under this subsection are intended to make the employee whole and to compensate the employee for collateral harms suffered as a result of the violation and for the employee’s time and effort enforcing the rights afforded to the employee under this Chapter. (2) The Enforcement Agency or the City Solicitor may elect to enforce violations of this Chapter by filing a judicial action in a court of competent jurisdiction. Upon finding a violation, the court may award appropriate relief and impose the penalties and liquidated damages set forth in subsection (1), above. Notes 1364 | Amended, Bill No. 171113 (approved March 6, 2018); amended, Bill No. 250065 (approved May 27, 2025).

Philadelphia Code § 9-4308 Reserved. [Amended, Bill No. 171113 (approved March 6, 2018); repealed, Bill No. 250065 (approved May 27, 2025).]

Philadelphia Code § 9-4309 Notice and Posting.

§ 9-4309. Notice and Posting. An employer shall notify an employee of the employee’s rights under this Chapter and be subject to penalties for failure to do so, as provided in Section 9-6607. Notes 1366 | 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/0-0-0-280600Fetched: 10/27/2026

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