Since the onset of 2017, workers’ rights advocates in Philadelphia have every reason to be happy. The enactment of workers’ rights has effectively prohibited employers operating from the private sector from examining applicants’ salary histories prior to enrollment into a particular profession. Signed by Mayor Jim Kenney on January 23, the law is guaranteed to provide workers with remuneration geared at maintaining their professional discretion.
However, the enactment of such a law hasn’t been a smooth sailing experience. Prior to implementation, the Chamber of Commerce for Greater Philadelphia sought to challenge its constitutionality in relation to outlined laws.
Interpretation of the Law
According to the Society for Human Resource Management, lawmakers uniquely crafted various ordinances to tremendously assist in bridging the wage gap between male and female workers in Pennsylvania. Such rules are aimed at producing the desired effect, such as preventing employers from:
• Punishing job candidates who fail to disclose their salary details
• Forcing job applicants to reveal their salary histories in an effort to gain employment
• Using a candidate’s salary data without their express approval
• Directly asking job applicants to disclose their previous salaries
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Setbacks to Implementing the Law
Just like any other law, the Bill was subjected to constant disputes before its final implementation into law. For starters, Comcast Communications surprisingly threatened to seek legal action on grounds that the First Amendment rights were directly under assault. Several other companies also jumped on board and criticized the potential burdens of compliance coming their way.
To avoid the ballooning protests, the Chamber of Commerce sought legal action by filing a motion aimed at pursuing preliminary injunction on April 6, 2017.
Legal Response from the Court
After careful and intense deliberation, the Eastern District of Pennsylvania opted to operate within the law regarding the filing lawsuit. Such a move was widely tipped to rub employees the wrong way, especially considering the uphill battle they will surely have to face.
Karl Heideck in Brief
Karl Heideck has cemented his status as one of the most in-demand attorneys in the U.S. Aside from spending ample time offering compliance and risk management services, Karl Heideck has also delved into writing a popular blog that helps Pennsylvanians understand intricate details about the law.
With over a decade’s worth of experience, Karl Heideck has impressively built a portfolio that spans across employment law, product liability and corporate law. For best legal services, don’t hesitate to contact Karl Heideck.