Philadelphia is on the road to becoming the first state to pass a law that will protect employees from the mandatory questions about their previous salaries during interviews. This proposed law has faced a lot of opposition, especially from the Chamber of Commerce for Greater Philadelphia. The chamber almost instantly went to the court to question the constitutionality of this law.
Although the courts suspended the hearing, the chamber has been asked to either amend their motion or drop it because there is no evidence that the law is impacting negatively on any member or associate of the Commerce Chamber.
This ruling by the court has given the proposed law a future; even if it is not yet passed, there is a future for it. If this law is passed, all employers in Philadelphia will be required by law not to ask directly or indirectly what an employee was earning when conducting an interview. The employers will not be allowed to use independently acquired data regarding the salary of employees without the consent of the named employee.
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Although some employers have no problem with the law, some will find a way of not complying. With a lot of information being available on the internet, it is easy to almost correctly predict an employee’s salary, especially if the real estate information is considered. A person’s income can be estimated depending on the place they live or the properties they own. There will be a penalty of $2000 per instance for any employer that will break this law.
Karl Heideck is not just a lawyer who helps his clients and the people of Pennsylvania with risk management and compliance issues. He is also an author of many popular blogs through which he shares his insight with the world.
Karl is a listed Contract Attorney who has been listed by Hire Counsel since 2015. Before working with Hire Counsel, he had gained a lot of experience when working at Conrad O’Brien as an associate and a project attorney at Pepper Hamilton LLP. This is after he got his law degree from Temple University’s James E. Beasley School of Law.
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