Is the State of Emergency Over? Not So Fast…

On Tuesday night, both chambers of Pennsylvania’s legislature passed a resolution to end Governor Wolf’s emergency declaration regarding COVID-19, which he renewed last week.  On Wednesday, the Republican Senate Caucus filed a lawsuit in the Pennsylvania Commonwealth Court asking the court to order Governor Wolf to issue an executive order or proclamation ending the state of disaster emergency.  Although Governor Wolf has yet to file a response in court, he stated in a press conference that the state Constitution gives him the authority to reject the resolution, and that the legislature cannot unilaterally end the emergency declaration.

Until this Constitutional question is resolved, which could take a matter of months, employers should not disregard the operating guidelines required under the “yellow” and “green” phases of the Commonwealth’s re-opening plan.  For questions about this or any other labor and employment topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac.  To stay updated on the key labor and employment law developments that affect your workplace, subscribe to our blog and follow us on social media.