Publications

MASSACHUSETTS OVERHAULS THE MASSACHUSETTS EQUAL PAY ACT

September, 2016

This summer, Massachusetts enacted a comprehensive overhaul of the Commonwealth’s Equal Pay Act, which updated the existing law prohibiting discrimination in wages, benefits and other compensation based upon gender. The Equal Pay Act now requires equal pay and benefits for “comparable work.” The Act provides a new definition of “comparable work,” and articulates six specific exceptions to the equal pay requirements (including differentiations based upon seniority, a bona fide merit system, and geographic location). The Act also prohibits employers from asking applicants about their prior wages or salary history -- the first provision of its kind in the United States. The Equal Pay Act is not effective until January 1, 2018. However, employers should plan to undertake a review and analysis of their pay and benefits practices before then in order to achieve compliance by January 1, 2018.