The Massachusetts Equal Pay Act: One Year Later

The amendments to the Massachusetts Equal Pay Act ("MEPA") have been in effect for more than one year, since July 1, 2018. Many employers have already adapted to some of the changes brought about by the amendments, including the salary history ban (prohibiting employers from asking about prior compensation) and wage transparency provision (prohibiting employers from banning employee discussions about pay).

Employers that have been hoping for guidance from the courts about the more subjective requirements of the law, including how to determine which employees are "comparable," have not received it. So far, there has been minimal litigation under MEPA. Cases have been filed against two high-profile Boston institutions, the Boston Symphony Orchestra and Boston Public Schools. But the first settled confidentially, and there has been no notable progress on the public docket of the latter.