News & Analysis as of

Salary/Wage History Constitutional Challenges

Proskauer - Law and the Workplace

DOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS Review

On February 14, 2025, the Fifth Circuit denied the appellants’ petition for rehearing en banc in Mayfield v. United States Dep’t of Labor—a September 2024 decision holding that the U.S. Department of Labor’s authority to...more

Payne & Fears

You Can't Ask This: The Spread of Salary History Bans and What It Means for Employers

Payne & Fears on

A growing number of state and local governments across the country are enacting laws that limit employers’ ability to ask about or consider applicants’ salary history. These laws are part of a nationwide effort to reduce pay...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

Troutman Pepper Locke

Third Circuit Upholds Philadelphia's Salary History Ban

Troutman Pepper Locke 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

White and Williams LLP

Philadelphia Salary History Ordinance Upheld by Court of Appeals

White and Williams LLP on

On Thursday, February 6, 2020, the Third Circuit Court of Appeals issued an order upholding Philadelphia’s Salary History Ordinance (the Ordinance). Philadelphia was an early adopter of legislation prohibiting inquiries into...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

Troutman Pepper Locke

Portion of Philadelphia Salary History Ban Ruled Unconstitutional

Troutman Pepper Locke 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

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Proskauer - Law and the Workplace

Philadelphia Law Prohibiting Salary History Inquiries Survives Legal Challenge … For Now

A Pennsylvania federal district court has dismissed a lawsuit seeking to declare unconstitutional a Philadelphia ordinance making it unlawful for employers to inquire into a job applicant’s wage history during the hiring...more

Proskauer - Law and the Workplace

Philadelphia Delays Implementation of Ordinance Restricting Employer Inquiries Into Applicants’ Salary History Following Legal...

Philadelphia has indefinitely delayed implementation of its new ordinance that that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process....more

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