massachusetts equal pay act attorney general guidance

For larger job groupings, the Basic Guide recommends that employers conduct a multi-variable regression analysis. Attorney General The AGs guidance will be housed on a dedicated webpage that provides a basic step-by-step guide for employers that choose to conduct a self-evaluation, along with a calculation tool created to assist employers in determining where they have potential wage gaps between male and female employees that require further review for compliance with the new law. Call us in Boston (617) 727-2200. Mark Batten is a Partner in the Labor& Employment LawDepartment and co-head of the Class/Collective Action Group, resident in the Boston office. Under the MEPA, employers are expected to take a holistic approach to analyzing whether two employees of different genders perform comparable work. A determination based on job title or description alone will be insufficient. Massachusetts AGs Office Issues Guidance on Equal Pay Law Set The emphasis is not on the job title or the subject of the work but on how the work is performed. This guidance is easy to find and use, and will be helpful for employers to ensure they understand their protections and maintain their compliance, and ultimately provide more equitable conditions for women in the workplace., Eleven billion dollars is lost from the Massachusetts economy each year because of the wage gap. The Basic Guide for employers begins by explaining that whether a self-evaluation is reasonable in scope and details will be based on the employers individual circumstances; what is reasonable for a small, simply organized employer will be different than what is reasonable for a large, complex organization with significantly greater resources. Please limit your input to 500 characters. Massachusetts Attorney General Issues Guidance Indeed, when the updated MEPA goes into effect in July 2018, Massachusetts will become the first state to ban employers from asking job applicants about their salary history prior to making a job offer. The Law expressly provides a complete defense for employers that, within the previous three years and prior to the filing of a lawsuit by an employee, have performed a good-faith, reasonable evaluation of their compensation practices and can show that reasonable progress has been made towards eliminating compensation differentials based on gender for comparable work in accordance with that evaluation. (Note that when eliminating pay differentials, wages can only be increased an employer may not decrease the pay of any employee in order to comply with the law). Whether a self-audit is "reasonable in detail and scope" will depend on the size and complexity of the employer, but factors include: Conducting a self-audit requires gathering a significant amount of employee data and analyzing jobs that may be considered comparable based on the skills, effort, and responsibility required, as well as the working conditions. The Guidance explains that a pay difference will only be permissible under MEPA if the entire difference is justified by one of the above factors, or by a combination of those factors. Self-audits that are deficient but done in good faith will not provide a complete defense to MEPA claims but can prevent liability for double damages. Massachusetts overnight and daytime shifts may constitute different working conditions as they impose different burdens on employees provided shifts are not assigned based on gender) as well as exposure to things like hazardous chemicals or dangerous equipment. Employers should also consider conducting one-to-one comparisons within the same comparable job grouping; according to the Basic Guide, each male employee within a comparable job grouping is a potential comparator for the female employees, and it is not sufficient to compare a female employee to the average comparable male.. Trademark Law. The feedback will only be used for improving the website. How The U.S. Supreme Courts Ruling On College Affirmative Action Supreme Court Redefines Undue Hardship when Addressing Religious Telephone and Texting Compliance News: Commission Seeks to Clarify Michigan Legislature Passes Package of Bills Implementing Proposal 2, A Closer Look: India EB-3 Retrogression in Context. It includes factors like the amount of supervision the employee receives or administers and the degree to which the employee is involved in decision-making. Stark Law Violations & Ambulatory Surgery: What Whistleblowers Tycko & Zavareei Whistleblower Practice Group. What are the Exceptions for Pay Inequities? National Law Review, Volume VIII, Number 72, Public Services, Infrastructure, Transportation. The amended law will go into effect on July 1. Better Ways for Law Firms to Promote Their Successes on Social Media, Supreme Court Limits Foreign Reach of U.S. The amendments approved in 2016 will bring about substantial changes to the definition of comparable work, employer defenses, statutes of limitations, and prohibited employer practices, such as salary history By way of Whether a self-evaluation is reasonable in detail and scope will depend on the size and complexity of the workforce, but must take into account a reasonable number of jobs and employees and all reasonably relevant and available information, and must be reasonably sophisticated in its analysis. A determination of whether an employer has made reasonable progress towards eliminating pay disparities will depend on how much time has passed since the employer identified unlawful pay disparities through its self-evaluation, the nature and degree of progress as compared to the scope of the identified disparities, and the employers size and resources. For help finding at attorney, contact the Massachusetts Bar Associations Lawyer Referral Service by calling (866) 627-7577 or visiting www.massbar.org/public/lawyer-referral-service. Massachusetts Attorney General Equal Pay Act Guidance Homosexuella, bisexuella, transsexuella samt vriga ppensinnade individer mjligheten att trna och utva idrott i en milj som r fri frn alla former av trakasserier eller diskriminering, och som uppmuntrar till rent spel, ppenhet och vnskap. Wages under the MEPA includes all forms of remuneration for work performed. This includes incentive pay and deferred compensation, as well as commissions, bonuses, profit sharing, paid personal time off, vacation and holiday pay, expense accounts, car and gas allowances, retirement plans, insurance, and other benefits, whether paid directly to the employee or to a third-party on the employees behalf. Employers are not permitted to make up differences in unequal base wages of employees performing comparable work with other forms of remuneration, such as bonuses. To qualify as a seniority, merit, or production system, there must be a "plan, policy, or practice that is predetermined and predefined; used by managers or others to make compensation decisions; and uniformly applied in good faith without regard to gender." All Stripes hll internationell bowlingturnering. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney General On March 1, the Massachusetts Office of the Attorney General issued its much-anticipated on the state's new pay equity law, set to take effect on July 1. Third, the new law creates new rewards for employers who perform an internal self-evaluation of its pay equity practices on a regular basis. Nearly all Massachusetts employers are covered under MEPA. Employees seeking to enforce their rights under the MEPA may: (1) file a claim in court on behalf of themselves or other similarly-situated employees; and/or (2) file a complaint with the Attorney Generals Office (AGO). Attorney General Maura Healey is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts. Announces Fulfillment of EU-U.S. Data Privacy Framework Hunton Andrews Kurths Privacy and Cybersecurity, EDPB Adopts Guidance on Controller Binding Corporate Rules. Importantly, skills must be measured in terms of the performance requirements of a job and not in terms of the skills that an employee happens to have. The amended law will affect virtually all Massachusetts employers (including state and municipal employers). Second, the new law more broadly defines what type of work is considered comparable for purposes of gender pay equity. Massachusetts is an employees primary place of work if they do most of their work within the state, and thus, according to the guidance, includes: (1) traveling employees who return regularly to Massachusetts between trips; (2) employees who spent the plurality of their time in Massachusetts over the prior year; and (3) employees who telecommute to a Massachusetts work location, despite not being physically present in Massachusetts. Additionally, under the Law, employers may not prohibit employees from disclosing or discussing their wages, benefits or other compensation, and the Law further prohibits retaliation against any employee who exercises his or her rights under the law. The Equal Pay Coalition is looking forward to using the Attorney Generals Guidelines to answer many of the questions that employers and employees will have when the new law goes into effect on July 1 of this year., We were proud to work with Attorney General Maura Healeys Office on groundbreaking pay equity legislation, said James E. Rooney, president & CEO of the Greater Boston Chamber of Commerce. Employers may not restrict employees discussions about their wages, except that an employer may prohibit human resources employees, supervisors, or other employees whose job responsibilities give them access to other employees compensation information from discussion other employees wages. Mass relay dial 7-1-1 and connect via main number. The guidance suggests that employers violating MEPA may be liable for the amount by which the employee was underpaid (as compared to employees of another gender performing comparable work), double damages, and attorneys' fees and costs. On March 1, 2018, the Massachusetts Attorney General's Office issued its first guidance on the amended Massachusetts Equal Pay Act (MEPA), which takes effect July 1, 2018, and mandates equal pay for comparable work regardless of gender. We appreciate the efforts of Attorney General Maura Healey and her staff who have taken seriously the opinions of the employer community. Please let us know how we can improve this page. On March 1, 2018, the Massachusetts Attorney Generals Office issued its formalGuidanceon the amendments to the Massachusetts Equal Pay Act (MEPA) taking effect on July 1, 2018. MEPA defines "comparable work" as work that requires substantially similar skill, effort, and responsibility and that is performed under similar working conditions. The Massachusetts Office of the Attorney General recently issuedguidanceon the new amendments to theMassachusetts Equal Pay Act(MEPA), effective July 1, 2018. More information can be found on the AGs website. On March 1, 2018, the Massachusetts Attorney General issued long-anticipated guidance on the amendments to MEPA, available here (the Guidance), which provides useful information and insight to employers, including several concrete examples and guidelines designed to assist employers in evaluating their existing policies and complying with the updated MEPA. Boston To ensure that employers are prepared for the updated Massachusetts Equal Pay Act to go into effect this summer, Attorney General Maura Healey today issued new guidance with detailed information and online resources. Massachusetts MEPA currently prohibits employers from paying different ) or https:// means youve safely connected to the official website. Call With respect to "responsibility," employers should assess "the amount of supervision the employee receives or whether the employee supervises others, and the degree to which the employee is involved in decision-making such as determining policy or procedures, purchases, investments or other such activities.". A .mass.gov website belongs to an official government organization in Massachusetts. an employee who travels for work if he or she regularly returns to a Massachusetts base of operations before resuming business travel; employees who telecommute even if they are not physically present in Massachusetts, so long as the employees telecommuting work arrangements are made through a Massachusetts work site; and. The Attorney General's Office has issued guidance and resources to assist employers in complying with Hos oss kan alla, oavsett kn, sexuell lggning, etniskt ursprung, nationalitet, religion och lder trna och utva idrott i en milj som r fri frn alla former av trakasserier eller diskriminering, och som uppmuntrar till rent spel, ppenhet och vnskap. The Law fundamentally expanded MEPAs definition of comparable work in the context of pay discrimination, prohibiting employers from discriminating in any way on the basis of gender in the payment of wages and from pay[ing] any person [] a salary or wage rate less than the rates paid to employees of a different gender for comparable work. Comparable work is defined by the statute as work that is substantially similar in that it requires substantially similar skill, effort and responsibility and is performed under similar working conditions. The Law explicitly notes that a job title or job description alone does not determine comparability. Tuesday, June 13, 2023 10:30 a.m. - The Guidance defines each of the three factors skill, effort and responsibility as: The Guidance also provides useful examples regarding determining whether jobs are substantially similar based on these factors. Employees have three years from the date of the alleged violation to file a claim in court. The Latest Employment Law Updates: Affirmative Action, Religious AI in Health Care: Regulatory Landscape & Risk Mitigation. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. A .mass.gov website belongs to an official government organization in Massachusetts. The MEPA does not prohibit employers from asking prospective employees about their desired compensation, so long as it is not a disguised attempt to elicit wage history information. Guidance Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. The Guidance references two very limited situations in which an employer may seek salary history information: (1) to confirm wage or salary history information voluntarily shared by the prospective employee (which should be documented by the employer at the time the information is voluntarily shared) or (2) after an offer of employment with compensation has been made to the prospective employee. Learn More Permissible Variations in Pay Ranked byChambers USA, Mark is hailed as a fabulous lawyer, handling interesting and complex cases. Clients highly recommend him to anyone seeking litigation counsel in the Boston area, as well as note he is Samantha Regenbogen is a law clerk in the Labor & Employment Department. On March 1, 2018, the Massachusetts Attorney General issued long-anticipated guidance on the amendments to MEPA, available here (the Guidance), which provides useful information and insight to employers, including several concrete examples and guidelines designed to assist employers in evaluating their existing policies and complying The guidance describes key elements of the new statute, which takes effect on July 1, Attorney General Issues First Guidance on Massachusetts Equal This page is located more than 3 levels deep within a topic. The new law, An Act to Establish Pay Equity, updates the Massachusetts Equal Pay Act (MEPA). Bello / Welsh LLP To view the AGs guidance on the amended Massachusetts Equal Pay Act, click here. Alla rttigheter frbehllna. On March 1, 2018, the Massachusetts Attorney Generals Office published guidance on the amendments to the Massachusetts Equal Pay Act (MEPA), as described below. The expansive law takes effect on July 1, 2018, and mandates equal pay among employees of different genders performing comparable work. The information includes an extensive section of frequently asked questions, sample Out-of-state employers are also covered, if they have employees with a primary place of work in Massachusetts. Blurred Lines for Todays Workplace: Employer Liability for Employee Keep Your Paws Off My Positive Arbitrage With the Same Power Comes Energy & Sustainability Washington Update July 2023. Note that nothing in the statute requires the disclosure of compensation self-evaluations to employees. Massachusetts Equal Pay Law | Mass.gov Importantly, the Guidance states that any self-evaluation conducted by an employer must have addressed the employee or job at issue in order for the employer to make use of the self-evaluation as an affirmative defense to a claim under the Law or the Massachusetts anti-discrimination statute. Who are covered employees? Attorney General Andrea Joy Campbells Office is an advocate and resource for the people of Massachusetts in many ways, including protecting consumers, combating fraud and corruption, investigating and prosecuting crime, and protecting the environment, workers, and civil rights.
Osaka Comic Con Guests, Butler University Softball Schedule, 1767 N Vermont Ave, Los Angeles, Ca 90027, What Can Marine Aquaculture Do For The Economy?, Articles M