Procedural Issues: Employees or prospective employees must file their claim within three years of the alleged violation.Intent NOT Required: Intent to discriminate based on gender is NOT required to establish liability under the law.Furthermore, an employee’s past salary history is not a defense to liability under any circumstance. No Salary History Inquiries: Employers are not allowed on their own or through an agent (i.e., recruiters or job placement services) to inquire about an applicant’s prior salary history, except to (1) confirm wage or salary history that was voluntarily provided by the applicant or (2) after an offer of employment has been made.No Salary Secrecy Allowed: Employers are not allowed to ban employees from discussing their compensation.Wage Variations Permissible Under Limited Circumstances: Wage variations may be allowed ONLY when based upon a seniority system (except that time spent on pregnancy-related or protected family/medical leave shall not be used to reduce seniority) merit system a system measuring earnings by quality or quantity of sales geographic location relevant education, training, or experience and/or for regular and necessary travel.Comparable Work: The Pay Equity Act requires employers to pay men and women equally for “comparable work,” which is defined as work requiring substantially similar skill, effort, and responsibility that is performed under substantially similar working conditions.“Employee” is defined broadly, with very limited exceptions, and includes full-time, part-time, seasonal, per-diem, and temporary employees. Who Does this Apply to?: The Pay Equity Act applies to all Massachusetts employers and any employees with a primary work place in Massachusetts.In doing so, the Pay Equity Act: (1) expands the so-called “equal pay for equal work” requirement to equal pay for “comparable work” (2) prohibits salary secrecy and (3) eliminates the use of compensation history as a basis or explanation for pay disparity. The Pay Equity Act significantly overrides the Massachusetts Equal Pay Act (“MEPA”) by creating a more expansive view of comparable work and by attempting to end existing pay disparities. The Massachusetts Pay Equity Act – What Employers Need to KnowĮffective July 1, 2018, the Act to Establish Pay Equity (“Pay Equity Act”) imposes new obligations on employers to ensure gender pay parity.
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