Massachusetts Enacts Sweeping Pay Equity Law

On August 1, Massachusetts Gov. Charlie Baker signed into law the Act to Establish Pay Equity (the Act). The Act passed both the House and Senate unanimously and is aimed at eliminating wage gaps between men and women who perform comparable work. It also contains provisions that protect employees' rights to discuss wages and prohibit employers from requesting salary history from prospective employees. The Act takes effect July 1, 2018.

Wage Differentials and Employee Protections

The Act, which replaces the current Massachusetts Equal Pay Act, provides that employers may not pay any person wages that are less than the wages paid to a person of a different gender for comparable work. Comparable work is defined as work that is substantially similar in that it requires similar skills, effort and responsibility and is performed under similar working conditions. Wages, for purposes of the Act, include all forms of remuneration paid to the employee. The Act does permit