On January 23, 2017, Mayor Jim Kenney of Philadelphia signed a new law into place. The law stated that employers in private businesses are restricted from investigating an applicants’ past salary information. A short while later, the Philadelphia Chamber of Commerce began to dispute the law. They argued that it is unconstitutional to block employers within the private sector from accessing an applicants’ payment history.
According to http://weeklyopinion.com/2017/08/child-car-seat-law-in-pennsylvania-karl-heideck-explains/, the purpose of the new law was to bring equality between men and women, in terms of salary amount in Pennsylvania. It is obvious that, on average, men get paid more than women throughout the nation. Therefore, lawmakers intended to make things a bit fairer. The law consists of several conditions that must be followed, like prohibiting employers from using applicant salary information without consent, intentionally asking for salary information to applicant, requiring salary data for employment consideration and penalizing a job candidate when they refuse.
Employers who break the law may get fined $2000 each time, even if they are not directly involved. Many started to worry and go against the new ordinance, some even considered filing a lawsuit against the city. Concerns that the law would conflict with free speech began to float around. This led the Chamber of Commerce to file a district court motion on April 6, 2017, just two months before the law went live.
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The court determined to stay the rule, and the City of Philadelphia decided to wait an undetermined amount of time before bringing it into effect. In response, people believed that employee rights would be negatively affected and getting a job more difficult. The Chamber failed to provide examples of companies that would be negatively affected by the law, so the filing ultimately got dropped.
Karl Heideck is a contract attorney, who has over ten years of experience within the Greater Philadelphia Area. Heideck just recently was listed by Hire Counsel in 2015. Over the years, he learned a ton working for Pepper Hamilton LLP and Conrad O’Brien.
Heideck received a Bachelor of Arts degree from Swarthmore College in 2003. After that, he studied at Temple University’s James E. Beasley School of Law and earned a Juris Doctor in 2009. Currently, Karl Heideck works in several areas such as commercial litigation, compliance consulting, corporate law, risk management and employment proceeding.