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Job Applicants First Amendment

Perkins Coie

Challenge to Colorado Equal Pay for Equal Work Act Will Have Important (and Costly) Implications for Employers

Perkins Coie on

Colorado’s Equal Pay for Equal Work Act, SB19-085 (the Equal Pay Act), went into effect on January 1, 2021. Colorado’s new law follows a string of laws in other states seeking to expand the protections related to equal pay,...more

Parker Poe Adams & Bernstein LLP

Appeals Court Upholds Municipal Ban on Asking Applicants About Salary History

When looking for reasons to explain the persistent salary gap between male and female employees, worker advocates have focused on initial pay negotiations during the hiring process. If new female employees’ salaries are set...more

Cozen O'Connor

Third Circuit Upholds Philadelphia Wage History Ordinance

Cozen O'Connor on

On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld a City of Philadelphia ordinance that prohibits employers from inquiring after and/or relying upon a prospective employee’s wage history in any...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Upholds Philadelphia Ban on Salary History Inquiries

In early February 2020, the Third Circuit Court of Appeals decided that a Philadelphia ordinance passed years ago could go into effect and that Philadelphia employers will no longer be able to ask job applicants about their...more

Littler

Third Circuit Lifts Preliminary Injunction and Green Lights Philadelphia’s Salary History Ordinance

Littler on

On February 6, 2020, the Third Circuit Court of Appeals upheld Philadelphia’s salary history ordinance and reversed the decision of the United States District Court for the Eastern District of Pennsylvania which had held that...more

Holland & Knight LLP

Third Circuit: Philadelphia Employers May Not Ask Applicants for Salary History

Holland & Knight LLP on

The U.S. Court of Appeals for the Third Circuit has lifted a prior injunction on Philadelphia's salary history ban, which prohibits employers from asking job candidates for their salary history during the interview process....more

Troutman Pepper

Third Circuit Upholds Philadelphia's Salary History Ban

Troutman Pepper on

The U.S. Court of Appeals for the Third Circuit has ruled that a Philadelphia city ordinance that prohibits Philadelphia employers from asking applicants about their current or past pay rates is constitutional....more

Troutman Pepper

New York and New Jersey Ban Salary Inquiries

Troutman Pepper on

The growing trend to eliminate inquiries into a job applicant’s salary history continues. In July, New York and New Jersey became the latest states to enact legislation that will restrict employers from obtaining and...more

White and Williams LLP

New Jersey Employers Are No Longer Permitted To Inquire About Applicants’ Compensation History

White and Williams LLP on

Effective January 2020, New Jersey’s Law Against Discrimination (LAD) will prohibit private sector employers from asking new-hire applicants about their compensation history prior to making an offer of employment, which...more

FordHarrison

Connecticut Employers are Banned from Asking Applicants' Salary History Effective January 1, 2019

FordHarrison on

Executive Summary: As of January 1, 2019, Connecticut employers are prohibited from inquiring about an applicant’s prior salary history. ...more

Fisher Phillips

You Can Ask About It, But You Can’t Rely Upon It: Finally, a Resolution to the Constitutionality of Philadelphia’s Wage Equity...

Fisher Phillips on

According to the late great Tom Petty, “the waiting is the hardest part.” The United States District Court for the Eastern District of Pennsylvania (the “Court”), however, begs to differ with The Heartbreakers’ leading man....more

White and Williams LLP

Mixed Results for Employers in Legal Challenge to Philadelphia’s Salary History Ban Ordinance

Court distinguishes between unlawful “Reliance” on wage history in setting wage rates and lawful “Inquiries” into wage history - The City of Philadelphia was the first city in the United States to enact an ordinance...more

Troutman Pepper

Portion of Philadelphia Salary History Ban Ruled Unconstitutional

Troutman Pepper on

In a ruling that could provide a roadmap for challenging salary history bans in other jurisdictions, a Philadelphia federal judge issued an opinion on April 30 invalidating a major element of the Philadelphia salary history...more

Fisher Phillips

Digital Disruptions: Handling Social Media Misuse By Students And Educators

Fisher Phillips on

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Seyfarth Shaw LLP

Lawsuit Challenging Philadelphia Salary History Ban Ordinance Dismissed

Seyfarth Shaw LLP on

Seyfarth Synopsis: UPDATE: The United States District Court for the Eastern District of Pennsylvania dismissed the challenge to the Philadelphia ordinance on May 30, 2017 based upon the Chamber of Commerce for Greater...more

Fisher Phillips

Does the Ban on Salary History Inquiries Violate the First Amendment? Ruling on Philadelphia Bill May Impact New York 

Fisher Phillips on

On May 4, 2017, New York City joined the Commonwealth of Massachusetts and the City of Philadelphia when the Mayor signed legislation that bans employers from inquiring about the salary history of job applicants. These laws,...more

Jones Day

Mayor de Blasio Signs NYC Ban on Salary Inquiries

Jones Day on

May 2017 On May 4, 2017, New York City Mayor Bill de Blasio signed a law that will prohibit New York City employers from inquiring about the salary and benefits histories of job applicants. The law, which the New York City...more

Zelle  LLP

Employment Law Navigator – Week in Review: December 2016 #3

Zelle LLP on

Last week, the EEOC issued a publication on the rights of job applicants and employees with mental health conditions, along with a companion document addressing the mental health provider’s role in reasonable accommodations...more

Mintz - Employment, Labor & Benefits...

Is New Jersey’s “Need Not Apply” Law Prohibiting Employers from Publishing Ads Discouraging Unemployed Job Seekers from Applying...

New Jersey’s Appellate Division last week upheld a 2011 statute (N.J.S.A. 34:8B-1) that bars employers seeking to fill job vacancies in New Jersey from knowingly publishing advertisements stating that job applicants must be...more

Cole Schotz

New Jersey Appellate Court Upholds Restrictions on Employer Job Postings

Cole Schotz on

In a case of first impression, the New Jersey Appellate Division recently upheld the constitutionality of a New Jersey statute that bars employers from publishing job postings requiring that applicants be currently employed...more

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