Pennsylvania Employment Law Update – December 2016

Pennsylvania

Philadelphia Passes Ordinance Regarding Use of Wage History

On December 8, 2016, the Philadelphia City Council passed legislation (File #160840) to tackle the gender-wage gap by banning salary history inquiries and disclosure requirements in the hiring process.

Pursuant to the ordinance, it is an unlawful employment practice for an employer to:

  • Inquire about a prospective employee’s wage history, require disclosure of wage history, or condition employment or consideration for an interview or employment on disclosure of wage history, or retaliate against a prospective employee for failing to comply with any wage history inquiry, or for otherwise opposing any unlawful acts under the law.
  • To rely on the wage history of a prospective employee from any current or former employer of the individual in determining the wages for such individual at any stage in the employment process, including the negotiation or drafting of any employment contract, unless such applicant knowingly and willingly disclosed his or her wage history to the employer.

The legislation’s prohibitions would not apply to actions taken pursuant to federal, state, or local law specifically authorizing disclosure or verification of wage history for employment purposes.

The legislation has been sent to Mayor Jim Kenney for approval. The ordinance will take effect 120 days after it is signed into law.

Read the Ordinance

Unemployment Insurance – Electronic Payment Requirement Effective January 1, 2017

Beginning January 1, 2017, employers are required to pay contributions and reimbursement statements of account electronically if the total liability owed equals or exceeds $5,000 for a payment period. Once this threshold is met, all subsequent payments must also be submitted electronically, even if amounts due for subsequent periods are less than $5,000. For contributory employers, this requirement begins with the first calendar quarter 2017 filing period. For reimbursable employers, this requirement begins with the first 2017 monthly or quarterly benefit charge period. Failure to comply can result in a penalty of 10 percent of the payment, up to a maximum of $500 with a minimum of $25 per occurrence.

Read the Announcement