The new Massachusetts Equal Pay Act (“MEPA”) amends the existing Massachusetts Equal Pay Law. It goes into effect July 1, 2018 and it applies to ALL employers (except the federal government), regardless of size.

What does the MA Equal Pay Act address?

The statute provides that “No employer shall discriminate in any way on the basis of gender in the payment of wages, or pay any person in its employ a salary or wage rate less than the rates paid to its employees of a different gender for COMPARABLE WORK.” The law defines “comparable work” as work that requires substantially similar skill, effort and responsibility and is performed under similar working conditions.

Does it apply to only full-time employees?

The definition of employee under MEPA includes full-time, part-time, seasonal, per-diem, and temporary employees.

What about employees who reside in Rhode Island or New Hampshire?

The law applies to employees with a primary place of work in Massachusetts. It does not matter where an employee resides.

Are there any exceptions allowing differences in pay for comparable work?

Yes. There are a number of statutory exceptions in the law. For example, one such exception relates to using a seniority system, provided that the time spent on leave due to a pregnancy-related condition or protected parental family and medical leave shall not reduce seniority. Another example would be a difference in geographic location in which the job is performed.

May I still ask prospective employees about their wage expectations?

Yes, but do not attempt to elicit salary history when having that discussion.

How long does the employee have in which to file a claim and what kind of damages will the business face?

The employee has three (3) YEARS to file in court and employers face double damages (of the unpaid/underpaid wages), costs and attorney’s fees.

DISCLAIMER
This information is being provided by the Law Offices of Helene Horn Figman, P.C. for general purposes only. It does not constitute legal advice; does not create an attorney-client relationship; and is presented without any representation of warranty whatsoever. 

 

PLEASE CONTACT OUR OFFICE SHOULD YOU HAVE ANY QUESTIONS REGARDING THIS NEW STATUTE AND HOW IT WILL IMPACT YOUR BUSINESS.  WE WELCOME THE OPPORTUNITY TO WORK WITH YOU TO ASSIST YOU IN THE FOLLOWING AREAS (not inclusive listing):
• Revising your job application and job descriptions
• Evaluating starting pay across job categories
• Performing an evaluation of your pay processes
• Standardizing your policies for wage increases
• Determining when a variation in pay may be permitted