Tag Archives: Philadelphia

NEW LAW: Philadelphia Passes Predictable Scheduling Law

The Philadelphia City Council recently passed the Fair Workweek Employment Standards Ordinance. Under this new law, which goes into effect on January 1, 2020, bring predictable scheduling requirements to large retail, hospitality and food service employers in Philadelphia.

Who is considered a large retail, hospitality and food service employer?

For purposes of the new law, a “large employer” is any retail, hospitality and food service employer who employs 250+ employees (full-time, part-time, or temporary) and has 30 or more locations worldwide.

Most importantly, the law considers franchises with separate ownership, but part of the same chain of business (e.g. all McDonalds franchises in Philadelphia) as the same “large employer” for purposes of this law. This means that many (if not all) franchise businesses in Philadelphia will be subject to this new law. Continue reading NEW LAW: Philadelphia Passes Predictable Scheduling Law

Philadelphia May Set the Stage for Other Constitutional Challenges to Salary History Bans

In a recent twist in the cascade of state and municipal laws prohibiting employers from asking about an applicant’s salary history, a federal judge has ruled that Philadelphia’s salary history ban violates the First Amendment of the US Constitution by limiting employers’ free speech rights.  This ruling may have a significant impact on other state and municipal laws that seek to similarly restrict what employers may ask applicants.

The Ruling

Following passage of Philadelphia’s ordinance prohibiting inquiries into applicant’s salary histories, the Chamber of Commerce for Greater Philadelphia filed a federal lawsuit challenging the constitutionality of the ordinance based on its limitation of employers’ First Amendment rights.  The court agreed in part.

In partially ruling for the Chamber of Commerce, the court held that the ordinance is unconstitutional in its prohibition relating to employers asking applicants about their salary history because that prohibition implicates the First Amendment’s free speech clause.  At the same time, the court held that the second part of the ordinance, which prohibits employers from relying on salary history information at any time in the employment process to determine an employee’s salary, is constitutional and enforceable.

Thus, the court’s ruling enables Philadelphia employers to ask about an applicant’s salary history but leaves in place strict limitations on how they may use that information. Continue reading Philadelphia May Set the Stage for Other Constitutional Challenges to Salary History Bans

April 20 – Deadline for Philadelphia Employers

By April 20, 2014, Philadelphia employers must post the “Philadelphia Pregnancy Accommodation Law Notice.”   The law applies to all employers and employees working in the city.  The law makes it an unlawful employment practice for an employer to fail to provide reasonable accommodations for an employee with needs related to pregnancy, child birth, or a related condition provided:  (1) the employee requests such accommodations; and (2) the requested accommodations would not pose an undue hardship to the employer. The poster is available here.