join our network! affiliate login  
Custom Search
GET OUR FREE EMAIL NEWSLETTERS!
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Philadelphia Salary History Ban Partially Blocked

Philadelphia's ban on salary history questions violates the First Amendment and that provision may not take effect, a federal judge has ruled. However, US District Judge Mitchell S. Goldberg also called the Philadelphia ordinance "a significant positive attempt to address the wage gap" and upheld a separate provision that forbids employers from basing hiring decisions on salary history.

Philadelphia’s Salary History Inquiry Ban Violates the First Amendment, Federal Court Rules

Philadelphia’s ban on salary history inquiries violates the First Amendment, a federal district court in Philadelphia has ruled in a 54-page opinion. The Chamber of Commerce for Greater Philadelphia v. City of Philadelphia et al., No. 17-1548 (Apr. 30, 2018). Because the decision is based on the First Amendment, it has broader implications for salary history inquiry bans passed by various state and local governments.

Pennsylvania Federal Court Hands Uber Another Important Win In Misclassification Battle

I wrote an article last week about a Pennsylvania federal court victory for Uber, repelling a misclassification attack from several drivers who claimed they should have been considered employees. You can read the full summary here. A few points are worth noting:

Bailets v. Pennsylvania Turnpike Commission – Pennsylvania Supreme Court Strengthens Pennsylvania’s Whistleblower Law for Whistleblower Plaintiffs

The Pennsylvania Supreme Court (the “Supreme Court”) has taken the “whistleblowers be made whole” purpose of the Pennsylvania Whistleblower Law, 43 P.S. §§1421-1428, (the “PAWL”) to the next level in its March 27, 2018 decision in Bailets v. Pennsylvania Turnpike Commission, No. 126-2016, ___ A.3d ____, 2018 WL 1516785 (Pa. 2018).

"Actual Damages" Interpreted to Include Non-Economic Damages Under Pennsylvania's Whistleblower Law

A recent Pennsylvania Supreme Court decision has upheld that successful plaintiffs are entitled to non-economic damages under Pennsylvania’s Whistleblower Law, 43 P.S. §§1421-1428 (the “Law”). In Bailets v. Pa. Turnpike Commission, 126 MAP 2016, J-91-2017, Pennsylvania’s high court affirmed an award of $1.6 million in non-economic damages to the plaintiff after finding that the defendant retaliated against him in violation of the Law. Whether non-economic damages are available under the Law was an issue of first impression in Pennsylvania. This decision serves as a cautionary tale to employers that are evaluating liability exposure in cases arising out of the Law.

Retired Teacher’s Same-Sex Spouse Entitled to Retirement Benefits

Last Month, in Gateway Sch. Dist. V. Gateway Educ. Ass’n, 783 C.D. 2017 (Pa. Commw. Ct. Feb. 28, 2018), a Pennsylvania court affirmed an arbitration decision holding that a retired teacher could add his same-sex spouse to his retirement benefits after his retirement.

New Law in PA: Quantum Meruit for Predecessor Counsel

In a recent decision, the Pennsylvania Supreme Court brought the commonwealth into line with the majority of states in allowing predecessor law firms to bring quantum meruit claims against substituted counsel.

Interesting Pennsylvania Court Decision May Further Expand Pool Of Gig Workers

A state appellate court in Pennsylvania issued a ruling yesterday that should further aid the growth of the gig economy in the state, and if its reasoning is followed by courts in other states, could offer another helping hand to the nascent gig economy on a national scale. The court ruled that an unemployed man who picked up some shifts as an Uber driver did not disqualify himself from receiving unemployment benefits as a result of his gig work. This is good news for freelancers and businesses alike, as it removes one possible impediment that may have otherwise held people back from offering their services to gig economy companies.

Pennsylvania to Update Overtime Salary Threshold and Duties Tests

On January 17, 2018, Pennsylvania Governor Tom Wolf announced an initiative to “modernize” Pennsylvania’s overtime rules.

Pennsylvania’s Proposed “Freedom to Work Act” Aims to Join California in Banning Non-Compete Agreements

Late last year, Pennsylvania legislators introduced House Bill 1938, the “Freedom to Work Act” (the “Act”), an outright ban on “covenant[s] not to compete” in Pennsylvania. Under the Act, “a covenant not to compete is illegal, unenforceable and void as matter of law.”