On August 1, 2016, Massachusetts’ Equal Pay Act was amended in order to ensure that all workers in Massachusetts are:1) paid equally for comparable work performed, and: 2) provided the opportunity to earn competitive salaries in the workplace.  This new law imposes strict equal pay obligations on employers and limits the information employers can request about the prior salary history of the job applicants.

Nuts and Bolts:

The new law requires employers to pay men and women equally when their work is comparable. Examples of comparable work including work that is “substantially similar” in skill, effort, responsibility, and working conditions.

Wage variations are still allowed, but must be based on legitimate business considerations not gender discrimination. Thus, salary variations are permitted if they are based on:

• Seniority;
• A bona fide merit system;
• A bona fide system which measures earnings by quantity or quality of production or sales;
• Geographic location;
• Education, training, or experience to the extent such factors are reasonably related to the job in question and consistent with business necessity; and/or
• Travel

The law also prohibits employers from preventing employees from discussing their compensation or requesting that an applicant disclose prior wages or salary history.   And employer can only ask for prior salary information after making a formal offer of employment to the employee and asked for their consent in writing.

The law also prohibits retaliating against an employee for asserting their rights under the Equal Pay Act.

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