In the News: Jim Coleman Discusses Wage & Hour Issues under “Home Rule Charter” for Law360

Media Mention
Law360

For a Law360 article published Jan. 29, 2024, Constangy partner James Coleman was quoted sharing insights on state and local “home rule” laws related to minimum wage as a Pennsylvania county faces disputes over how its minimum wage thresholds are decided.

Specifically, the article addressed an announcement by Allegheny County, PA, executive Sara Innamorato seeking to increase the minimum wage for full-time county workers to $18 an hour in 2024, followed by annual increases up to at least $22. This news brought to light issues surrounding local governments' so-called home rule requirements and who has the power to decide pay issues.

The Allegheny County Council had passed an ordinance raising the minimum wage for county workers despite a veto by Innamorato's predecessor, Rich Fitzgerald, who later sued to block the ordinance. A state court found that only the county executive, not the council, can set the minimum wage for county workers under the county's Home Rule Charter and Pennsylvania labor law. The article reported some experts saying home rule can make efforts to raise wages more complicated, and localities need to be watchful of attempts by states to intervene, including on wage policies.

A similar situation to what happened in Allegheny County could play out elsewhere, explained Coleman. "I think this is unique, but that doesn't mean that it couldn't be duplicated in similar circumstances. When you really get down to it, the case was about separation of powers."

For the full article, please click here.

Subscribe for Updates

Related Attorneys

Jump to Page

Constangy, Brooks, Smith & Prophete, LLP Cookie Preference Center

Your Privacy

When using this website, Constangy and certain third parties may collect and use cookies or similar technologies to enhance your experience. These technologies may collect information about your device, activity on our website, and preferences. Some cookies are essential to site functionality, while others help us analyze performance and usage trends to improve our content and features.

Please note that if you return to this website from a different browser or device, you may need to reselect your cookie preferences.

For more information about our privacy practices, including your rights and choices, please see our Privacy Policy. 

Strictly Necessary Cookies

Always Active

Strictly Necessary Cookies are essential for the website to function, and cannot be turned off. We use this type of cookie for purposes such as security, network management, and accessibility. You can set your browser to block or alert you about these cookies, but if you do so, some parts of the site will not work. 

Functionality Cookies

Always Active

Functionality Cookies are used to enhance the functionality and personalization of this website. These cookies support features like embedded content (such as video or audio), keyword search highlighting, and remembering your preferences across pages—for example, your cookie choices or form inputs during submission.

Some of these cookies are managed by third-party service providers whose features are embedded on our site. These cookies do not store personal information and are necessary for certain site features to work properly.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek