On January 23, 2017, Mayor Jim Kenney signed a new law that prohibits employers from in the private sector from asking the information about the applicants’ salary histories. The Chamber of Commerce for Greater Philadelphia challenged the law because it was unconstitutional.
The legislature came up with the law to help reduce the difference between males and females in Pennsylvania. The rules demanded various conditions to bring the desired change. The law barred employers from punishing or retaliating against job candidates who decline to disclose salary details, asking job applicants to share their previous salaries, mandating the prospects reveal their salary histories to get employed, using independently acquired job candidate salary data without that individual’s knowledge or permission.
The law affects any employer based within or without Philly city, whether they operate the business directly or through the third party. Those who violate the law will be charged a fine of $2,000 per instance. It became the subject of dispute before its implementation. Some of the companies that opposed the rule are Comcast Communication, The Chamber of Commerce and other companies. The court of the Eastern District of Pennsylvania paused the law due to the filing by the company. This delay was seen as a great set back to the employees’ rights. The implementation of the law was postponed indefinitely.
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In early June 2017, on the ground of lack of specification on how the law would affect the businesses negatively, the city filled a motion to have the lawsuit dismissed. The district court agreed to dismiss the complaint since it did not prove which of the Chamber members would be affected by the new law. The law might be challenged in future. For the Chamber to challenge the law, it will have to identify the companies that rely on asking job applicants about their salary histories during interviews.
In 2003, Karl Heideck graduated from Swarthmore College with a degree in Bachelor of Arts. Karl is a graduate of Temple University’s James E. Beasley School of Law where he graduated with a Juris Doctor. Mr. Heideck has worked as a project attorney on behalf of Pepper Hamilton LLP. He held an associate position at Conrad O’Brien. He is listed by the Hire Counsel as a contract attorney from April 2015 to date.
Karl Heideck is specialized in risk management compliance practices in Great Philadelphia area. Karl Heideck also has broad knowledge in legal writing, legal research, product liability, commercial litigation, corporate law, and employment law.