April 24, 2017

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Philadelphia Pay Equity Ordinance Stayed . . . Temporarily

On April 6, 2017, the Chamber of Commerce for Greater Philadelphia filed suit in the United States District Court for the Eastern District of Pennsylvania, seeking to block Philadelphia’s recently-enacted wage equity ordinance. The ordinance, which prohibits employers from inquiring about prospective employees’ wage histories, was set to go into effect on May 23, 2017. On April 19, 2017, however, Judge Mitchell S. Goldberg issued an order temporarily staying the May 23 effective date pending resolution of the chamber’s motion for preliminary injunction. Judge Goldberg further ordered the parties to address whether the chamber has standing to bring suit.

The City of Philadelphia has until May 1, 2017, to file a brief addressing the standing issue. The chamber will then be given the opportunity to rebut the city’s arguments by May 12, 2017. Following the resolution of the standing issue, Judge Goldberg will set a briefing schedule to resolve the chamber’s motion for preliminary injunction. Given these case deadlines, the ordinance will almost certainly not go into effect on May 23, 2017, as planned. Nevertheless, employers may still want to take this opportunity to review their hiring practices.

© 2017, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.

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Evan Van Gorder, Ogletree Deakins Law Firm, Employment Litigation Attorney
Associate

L. Evan Van Gorder represents corporations in employment-related and complex commercial matters, including litigation involving discrimination, wage and hour, wrongful discharge and other claims in state and federal courts and administrative agencies. His employment litigation experience includes enforcement of non-competition and non-solicitation agreements, defending discrimination claims through trial, and handling administrative claims before the EEOC and state fair employment practice agencies.  Mr. Van Gorder’s commercial litigation experience includes handling...

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Paul Lancaster Adams, Employment and Labor Relations Attorney, Ogletree Deakins Law Firm
Office Managing Partner

Paul Lancaster Adams is the Managing Shareholder of Ogletree Deakins' Philadelphia office and member of the Firm-Wide Management Committee, as well as Diversity and Inclusion Steering Committee. With a strong in-house and outside counsel background, Paul brings a unique and practical perspective to his national clients. He has skillfully addressed a broad range of key employment and labor relations issues critical to the modern workplace through counseling, negotiation and litigation.

Paul has particular experience representing employers as lead counsel in federal and state court employment litigation, class and collective actions, labor arbitrations and administrative proceedings. He has successfully tried to verdict over 25 matters in federal and state courts and handled numerous arbitrations and mediations. He routinely defends his clients in investigations by government agencies such as the EEOC, and state equivalents, DOL and NLRB and conducts and oversees internal corporate

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