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ARTICLE · 01 APRIL 2019

Tips On Avoiding Wage & Hour Lawsuits In Massachusetts

Seyfarth Shaw LLP
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Effective July 1, 2018, the Massachusetts Equal Pay Act (the "Act") requires employers to pay employees of different genders equal wages for comparable work.

United StatesEmployment and HR
Seyfarth Shaw LLP
Seyfarth Shaw LLP
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 Effective July 1, 2018, the Massachusetts Equal Pay Act (the "Act") requires employers to pay employees of different genders equal wages for comparable work unless the difference in pay is explained by the Act's enumerated factors. Employers who cannot explain any impermissible wage differentials must take active steps to remediate the disparity in a "timely fashion" according to the Attorney General's guidance on the Act.

The Act also provides an affirmative defense to Equal Pay claims for an employer that has (1) completed a self-evaluation of its pay practices that is "reasonable in detail and scope in light of the size of the employer" within the three years prior to commencement of the action; and (2) made "reasonable progress" toward eliminating pay differentials uncovered by the evaluation. The Attorney General's guidance describes "reasonable progress" as taking "meaningful steps" in a "reasonable amount of time" that will be evaluated based on "how much

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