02 Jul

June 2020 Pennsylvania HR Legal Updates

Posted at

7:38am

in

Summary of State Laws (Q1 & Q2 2020)

Philadelphia Salary History
Effective February 6, 2020, an injunction was lifted that had blocked part of a 2017 Philadelphia ordinance that would have prohibited employers from asking applicants about their wage history. As such, employers cannot:

  • Inquire about a prospective employee’s wage history in writing or otherwise
  • Require disclosure of a prospective employee’s wage history
  • Condition employment or consideration for an interview or employment on the disclosure of wage history
  • Rely on a prospective employee’s wage history from any current or former employer in wage determinations for that individuals at any stage during the employment process, including negotiating or drafting an employment contract, unless the prospective employee “knowingly and willingly” discloses that information
  • Retaliate against a prospective employee for failing to comply with a wage history inquiry or opposing an unlawful act under Philadelphia’s Fair Practices Ordinance

However, employers can take action pursuant to federal, state or local law that specifically authorizes disclosure or verification of wage history for employment purposes. Employers can also ask prospective employees other questions relevant to setting a salary and relative to the position, to including the applicant’s salary requirements or expectations, skill level, and experience.

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