1. MEET THE
NEW LAW: 
Massachusetts
Pay Equity Law

2. The Age
of Wages

3. Mind the
Wa ge
Gap
National Wage Gap: 79%
Massachusetts Wage Gap: 82%

4. THE MYSTERY OF THE WAGE GAP
Forty Percent of the Wage Gap is Unexplained.
Possible Explanations Include:
Overt sexism
Unintentional gender-based discrimination
Reluctance among women to negotiate for
higher pay
 Secrecy surrounding wage data

5. OR TWO STATUTORY PROHIBITIONS Discriminatory Animus
Male v. Female + Pay Disparity + Comparable Work

6. WHAT IS COMPARABLE WORK ANYWAY?
“Comparable Work” means work that is substantially similar in that it requires substantially similar skill, effort and responsibility and is performed under similar working conditions; provided, however, that a job title or job description alone shall not determine comparability.

7. SIX PERMISSIBLE JUSTIFICATIONS
FOR PAY DISPARITIES 01
a seniority system; 02
a merit system; 03
a system which measures earnings by quantity or quality of production or sales;

8. THREE MORE 04
the geographic location in which a job is performed 05
education, training or experience to the extent such factors are reasonably related to the particular job in question and consistent with business necessity; or 06
travel, if the travel is a regular and necessary condition of the particular job

9. ADDITIONAL UNLAWFUL PRACTICES
no prohibiting employees from disclosing wage information
ADDITIONAL
UNLAWFUL
PRACTICES
no screening job applicants based on wage or salary histories
no requesting salary history from prospective employees until an employment offer with compensation has been negotiated and made
no retaliation against employees who complain about pay disparities

10. PAY INFORMATION
AND
TRANSPARENCY
PROVISIONS

11. PROHIBITION ON SEEKING SALARY HISTORY
Cannot seek wage or salary history from applicants
Salary History can be voluntarily provided
Cannot seek salary history from previous employers
But employer “may seek or confirm a prospective employee’s wage or salary history after an offer of employment with compensation has been negotiated and made.”
Asking about expected or desired salary likely permitted (subject to regulations)
Caution: Basing salary on expected or desired salary could lead to disparate compensation for comparable jobs

12. IMPLICATIONS OF SALARY HISTORY PROHIBITION
Revise applications that seek salary history
Train interviewers not to seek salary history
Obtain expected or desired salaries of applicants

13. PAY TRANSPARENCY
Cannot prohibit employees from discussing or, inquiring about, or disclosing info about their own wages or the wages of another employee
Exception: Employers can prohibit HR employees or supervisors from disclosing wage information about an employee without his/her written consent.
The law does not obligate employers to disclose or share wage information about other employees.

14. Review/revise confidentiality, trade secret, non-compete agreements
IMPLICATIONS OF PAY
TRANSPARENCY PROVISIONS
Revise policies that prohibit employees from discussing, inquiring about, or disclosing wage information
Review/revise confidentiality, trade secret, non-compete agreements
Cannot discipline employees for discussing, inquiring, or disclosing wage information

15. QUESTIONS