On its move to improve the remuneration equality across all sectors in Philadelphia, the city’s Mayor Jim Kenney recently appended his signature on a new law. The law barred any employer from asking their prospects for their past salary history.
While this may have been received with a sigh of relieving by the city’s job seekers, private sector employers started crying foul and condemning the law. Almost weeks before the implementation, a legal case was already in the court spear-headed by the local Chamber of Commerce. They claimed that the salary law was unconstitutional.
According to hackronym.com, the actions of the Chamber of Commerce may have foreseen the range of effects of the law. The regulation had been structured by the Human Resource Management is such a way that it could help reduce the wage disparity in Pennsylvania.
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Under the ordinance, employers would no longer;
– Acquire prospect’s salary data without his/her permission even through independent sources
– No punishing any prospect who fails to disclose their salary data
– No longer list job seeker’s data as mandatory
– Ask for prospects salary history directly
The law affected almost every employer in town and those even outside Philly. If found guilty of the above, the perpetrator risks paying $2000 in fines.
Besides the Chambers of Commerce going to court, Comcast Communications joined in threatening to sue the City. This crippled the implementation of the regulation, and many started questioning its future.
The city of Philly later decided to postpone the implementation of the law but then went to court to have the lawsuit against the salary law dismissed on the grounds that it the complaints didn’t specify any direct effects on the businesses.
The court concurred with the city’s opinion and later made a ruling that the Champers had failed to prove how they would be affected directly by the ordinance.
Though the city won, it’s not clear whether the law will still face opposition in future considering the technological advancements that employers can still use as the back door.
About Karl Heideck
Karl Heideck has been practicing law for decades now. Karl Heideck has been on the Hire Counsel list since the year 2015 where he operates around Greater Philadelphia Area. Among Karl Heideck many prominent positions is at Pepper Hamilton LLP and Conrad O’Brien.
Karl Heideck is a learned friend; he has a bachelor’s degree in arts from Swarthmore College where he graduated in 2003. Karl Heideck is also an alumnus of James E. Beasley School of Law with Juris Doctor.
Learn more about Karl Heideck: http://weeklyopinion.com/2017/08/child-car-seat-law-in-pennsylvania-karl-heideck-explains/