Effective December 31, 2022, the Philadelphia, Pennsylvania Employer Commuter Transit Benefit Program requires covered employers to make available for all covered employees a mass transit and bicycle commuter benefits program.

For purposes of the law, covered employers are those that employ fifty or more covered employees, which are defined as any person who performs an average of at least 30 hours of work per week within the city of Philadelphia, for the same employer within the previous 12 months.

Covered employers must provide covered employees with at least one of the following employee commuter transit benefit programs:

  1. Election of a pre-tax payroll deduction, consistent with the Internal Revenue Code for: (a) mass transit expenses which include fare instruments (e.g., passes, tokens, or fare cards), or (b) qualified bicycle commuting expenses (e.g., purchase, maintenance, repair, and storage);
  2. An employer-paid benefit whereby the covered employer supplies a fare instrument for a covered employee’s mass transit expenses, consistent with the Internal Revenue Code; or
  3. Any combination of the programs above.

Employees may report potential violations to an agency designated by the Mayor to oversee employer compliance. After receiving a report, the agency will investigate and attempt to mediate the complaint. If the agency finds the employer is not in compliance following a 30-day mediation period, the agency must first issue a written warning to the employer requiring compliance or face penalties. If the employer is still not in compliance within 30 days of receiving the written warning, the agency may ask the court to compel compliance and impose fines ranging from $150 to $300 per day for each day the employer remains out of compliance.

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Photo of Evandro Gigante Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of…

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

Photo of Arielle E. Kobetz Arielle E. Kobetz

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations…

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations and discipline, leave and accommodation requests, and general employee relations matters. She also counsels clients on developing, implementing and enforcing personnel policies and procedures and reviewing and revising employee handbooks under federal, state and local law.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues.

Photo of Jennifer McGrew Jennifer McGrew

Jennifer McGrew is a law clerk in the Labor Department and a member of the Labor General Group. Jennifer earned a J.D. from Duke University School of Law, where she was a member of the Black Law Students Association, Womxn of Color Collective…

Jennifer McGrew is a law clerk in the Labor Department and a member of the Labor General Group. Jennifer earned a J.D. from Duke University School of Law, where she was a member of the Black Law Students Association, Womxn of Color Collective, and First-Generation Professionals. While at Duke, Jennifer worked as a Faculty Research Assistant focusing on discrimination in the workplace.

Prior to law school, Jennifer earned a M.Ed. from Boston College and is currently completing her Ph.D.