• Massachusetts Law - Equal Pay
  • September 16, 2016
  • Law Firm: Shawe Rosenthal LLP - Baltimore Office
  • A new Massachusetts law requires equal pay for men and women performing “comparable” work, prohibits employers from asking applicants about their salary history, and prohibits pay secrecy.  The new law:
    • Defines “comparable” work as requiring substantially similar skill, effort and responsibility and is performed under similar working conditions. Pay differentials are permitted for: seniority; merit; quantity or quality of production or sales; geographic location; job-related education, training or experience; or job-related travel.
    • Prohibits employers from requesting that an applicant disclose his or her salary history prior to an offer of employment being made. Applicants may voluntarily disclose their salary history, but it cannot be used in making the hiring decision.
    • Makes it unlawful for an employer to require that an employee refrain from inquiring about, discussing or disclosing information about either the employee’s own wages, including benefits or other compensation, or about any other employee’s wages.
    This is the most robust equal pay law in the United States, particularly with regard to the protection of past salary history, and other states, including Maryland have expressed interest in following suit.