On January 23, 2017, Philadelphia Mayor Jim Kenney signed into law a wage equity ordinance that makes it unlawful for an employer in the city of Philadelphia to ask about the wage history of a prospective employee at any stage of the hiring process. Under the new law, an employer may not condition employment on the job candidate’s disclosure of their wage history (which includes fringe benefits) or refuse to hire a candidate because of their refusal to respond to an inquiry about their past wages. The ordinance also prohibits employers from relying on a candidate’s wage history in order to determine the amount that it will offer a candidate unless the candidate has “knowingly and willingly” disclosed such information to the employer during the hiring process. Continue Reading Philadelphia Becomes First City to Prohibit Employers from Inquiring About Prospective Employees’ Past Earnings
Joshua A. Brand is an Associate in the Philadelphia Office of Cohen Seglias and a member of the Firm’s Labor & Employment Group. He represents employers in both federal and state courts in a wide variety of employment-related matters, including discrimination, harassment, and retaliation claims. Josh also handles litigation involving restrictive covenants.
On November 21, 2016, a federal judge in Texas issued a nationwide injunction blocking the Department of Labor’s new overtime rule, which sought to expand the obligations of employers to pay overtime by, among other things, doubling the minimum salary threshold for the “white-collar” exemption under the FLSA. The decision brings relief to employers who were bracing themselves for the rule’s December 1, 2016 effective date. Continue Reading Federal Judge Blocks DOL Overtime Rule