The Guidance include three appendices, the first of which is a basic guide for employer self-evaluations (the second is a checklist to guide employers in conducting a review of their existing policies and practices and the third is a copy of MEPA). Contact the Attorney General's Office at (617) 727-2200, AG Healey Issues Guidance for Employers on Equal Pay Law. The law also applies to nearly all types of employees, including part-time, seasonal, and temporary employees. (See Holland & Knight alert, " WebThis law provides more clarity as to what is considered unlawful wage discrimination and adds protections to ensure greater fairness and equity in the workplace. This is a feature of the new law that garnered national attention including a front-page article in theNew York Times when it was enacted last summer. Vr idrottsfrening har som ndaml att erbjuda: Vi r oerhrt tacksamma fr det std vi fr frn vra sponsorer: Om du vill sponsra Stockholm All Stripes, vnligen kontakta oss via Den hr e-postadressen skyddas mot spambots. The Attorney General's Office has issued guidance and resources to assist employers in complying with the law. Attorney General Issues First Guidance On Massachusetts Equal Pay Act 07 March 2018 . Click "accept" below to confirm that you have read and understand this notice. Thus, comparable work is not limited to employees who have the same job title, and this vague definition likely means that employers will face difficulty determining which jobs to compare for purposes of complying with the Law. Employers may not seek salary history from a prospective employee unless the employer is seeking to confirm information voluntarily shared by the candidate or after an offer of employment with specified compensation has been made to the candidate. An employee may, but is not required, to file a claim with the Attorney Generals Office or the Massachusetts Commission Against Discrimination before filing suit in court. 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 AIM is now committed to helping Massachusetts businesses comply with the law and we look forward to working with the Attorney General on those efforts., The Equal Pay Coalition is proud to have been part of this bipartisan and broad-based effort to pass legislation that will help not just women, but families across Massachusetts, said Nina Kimball, Secretary of the Commission on the Status of Women. United States. Effective July 1, 2018, the Massachusetts Equal Pay Act (the "Act") requires employers to pay employees of different genders equal wages for 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.". On March 1, 2018, the Massachusetts Attorney Generals Office published guidance on the amendments to the Massachusetts Equal Pay Act (MEPA), as described below. Massachusetts Equal Pay Act: An Overview of the Attorney General Guida https://bellowelsh.com/wp-content/uploads/2014/02/BelloWelsh_logo_banner2.jpg, Massachusetts Equal Pay Act: An Overview of the Attorney General Guidance. This post reviews the key provisions of the Law against the backdrop of the new Guidance, and offers strategies and tips to help employers proactively plan for the Law. On March 1, 2018, the Massachusetts Attorney General issued its interpretation of the amended MEPA (Guidance). For questions or more detailed information on steps you can take to comply with these significant changes, please feel free to contact us directly. While the self-evaluation defense could be critical in the event of a pay equity claim, the employer must be prepared to reckon with the results of such an audit. DOL Signals Loosening in Regulatory Stance on Independent Contractor Misclassification Massachusetts Legislature Passes Non-Compete Legislation. The Massachusetts pay equity legislation amended the states Massachusetts Equal Pay Act (MEPA). The Guidance, titled An Act to Establish Pay Equity: Overview and Frequently Asked Questions, seek to provide employers with clarification around key issues including: The Guidance also include three appendices: (1) a basic guide for employers who choose to undertake a self-evaluation for purposes of asserting an affirmative defense under MEPA, a downloadable pay calculation tool for small employers, (2) a sample checklist to guide employers in conducting a review of their existing policies and practices, and (3) a copy of the Act to Establish Pay Equity, as enacted. To qualify for this affirmative defense, the self-audit must be reasonable in detail and scope, and the employer must establish reasonable progress was made towards eliminating any impermissible gender-based wage variations discovered in the audit. When the number of employees in a particular group exceeds thirty, or where the pay structure is complex, a more detailed analysis likely is necessary. New CJEU Ruling Creates Risks Re Personalisation. Responsibility is defined as the degree of discretion or accountability involved in performing the essential functions of a job, as well as the duties regularly required to be performed for the job. Employers may not formally or informally restrict employee discussion of or inquiry into their own wages or those of other employees. For example, with respect to skill, the guidance explains that janitorial and food service jobs may qualify as comparable work because those positions "generally do not require previous experience in the field or specialized training, and therefore may require comparable skills, even though the substance of the two jobs is different." 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. Consequently, even employees performing significantly different jobs (e.g., food service versus janitorial) may be considered to be performing comparable work for purposes of equal pay if the jobs require substantially similar skill, effort, and responsibility and are performed under similar working conditions. Vid rsstmman i mars 2021 beslutade medlemmarna att ndra freningens namn till Stockholm All Stripes Sports Club fr att bttre reflektera vra vrderingar och vr inriktning. Please let us know how we can improve this page. 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. Overview of the Amended Massachusetts Equal Pay Act (MEPA). Importantly, the Law prohibits employers from seeking salary/wage history from a prospective employee on their own or through an agent (like a recruiter or headhunter). Accordingly, as July 2018 approaches, it is essential for employers to work with counsel to review and revise handbooks and other policies, to consider best practices for training managers or other individuals performing interviews, and to discuss how and whether to begin a self-evaluation, pay equity study or remediation plan. 125 Summer Street, Multi-state employers are generally expected to compare the wages of their Massachusetts employees to employees performing comparable work within the same geographic area within Massachusettsunless excluding out-of-state employees from the analysis is not reasonable under the circumstances. For instance, if the only other employees performing a comparable role are located outside of Massachusetts, it may be necessary to compare their wages to the Massachusetts employees wages. Tuesday, December 12, 2023 10:30 a.m. If the self-evaluation is not deemed to be reasonable in detail and scope, but meets the statutes other requirements, the employer will enjoy a partial defense and will not be liable for double damages. In Decision that Vacates a $96 Million Award, SCOTUS Limits United Rhode Island Affirms The Principle That Sureties Must be Provided Tax Credits for Electric Vehicle Batteries Under the Inflation CAUTIONARY CONTINUANCE: Enforcement of Californias CPRA Regulations U.S. The guidance includes appendices, which provide 1) a basic guide for conducting self-evaluations, 2) a checklist to consult when assessing whether existing polices comply with MEPA and 3) a pay calculation tool, which provides a basic starting point for comparing employee pay. A good faith self-evaluation is one that an employer conducts in a genuine attempt to analyze comparable jobs and to identify any unlawful pay disparities. If you have specific questions regarding a particular fact situation, we urge you to consult competent legal counsel. WebMA AG provides guidance on MEPA, pay equity law, guides for self-evaluation, and online pay calculation tools, for companies to implement during hiring process. Vi vill p alla niver bedriva vr idrott s att den utvecklar mnniskor positivt svl fysiskt och psykiskt som socialt och kulturellt. A new Algonquian Equal Pay Law went into effect on July 1, 2018. On March 1, 2018, the Massachusetts Attorney General issued long-anticipated guidance on the amendments to MEPA, available here (the Guidance), which Among other things, the amendment changed the definition of comparable work, A labor economist experienced in statistics is an employers best friend in conducting these self-evaluations to determine pay inequities. Employees arenotrequired to lodge complaints with their employer, the Attorney Generals Office, or the Massachusetts Commission Against Discrimination (MCAD) before bringing an MEPA claim to court. For more information about how to comply with the Massachusetts Equal Pay Act, please contact Holland & Knight's Labor, Employment and Benefits Group. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. Although the guidance is extremely detailed and should be reviewed in full, employers should take note of the following details: The MEPA and amendments are substantial in scope, covering nearly all Massachusetts employers and the vast majority of employees, including full-time, part-time, seasonal, per-diem and temporary employees, with few exceptions. The new law, An Act to Establish Pay Equity, updates the Massachusetts Equal Pay Act (MEPA). 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. At a minimum, employers should gather (1) up-to-date job descriptions; (2) accurate employee data (including salary and bonus amounts, hire date, work schedule, education and experience, individual characteristics and historical performance ratings); (3) organizational charts; (4) current performance management/merit system documentation; and (5) names of potential resources for conducting a self-evaluation in order to be at-the-ready should a decision to conduct a self-evaluation/pay audit be made. MEPA permits differences in pay for employees performing comparable work only when based on 1) a system that rewards seniority with the employer; 2) a merit system; 3) a system that measures earnings by quantity or quality of production, sales or revenue; 4) geographic location; 5) education, training or experience to the extent such factors are reasonably related to the job; or 6) travel, if travel is a regular and necessary condition of the job. Merit systems must be based on "legitimate, job-related criteria," which should be set forth in a performance rating plan or policy. Share sensitive information only on official, secure websites. WebMA AG provides guidance on MEPA, pay equity law, guides for self-evaluation, and online pay calculation tools, for companies to implement during hiring process. WebThis page, Introduction to the basics of the Massachusetts Equal Pay Act, is offered by Office of the Attorney General; show more WebThe Attorney Generals Office offers detailed guidance to help employers comply with the law. Call us in Boston (617) 727-2200. These amendments represent a significant change in the law, and employers will want to take prompt steps to determine if their pay practices are compliant. Thus, to determine if similarly-situated employees are being paid the same for comparable work, employers must look beyond salaries and hourly pay and incorporate all forms of remuneration, including eligibility to participate in benefits and supplemental compensation programs. The Massachusetts Attorney General's Office issued on March 1, 2018, its much anticipated guidance on the new Massachusetts Equal Pay Act (MEPA). Restrictions on Discussing Wages Prohibited. Boston To ensure that employers are prepared for the updated Massachusetts Equal Pay Act to go into effect this summer, Attorney General Maura Please remove any contact information or personal data from your feedback. MEPA does not recognize any other valid reasons for variations in pay between men and women performing comparable work. Stark Law Violations & Ambulatory Surgery: What Whistleblowers Tycko & Zavareei Whistleblower Practice Group. Help Finding a Lawyer You also have the right to file a complaint in court. Note that multi-state employers who recruit nationally are expected to comply with MEPAs wage history restrictions if Massachusetts may ultimately become the prospective employees primary place of work. By way of The Office of the Massachusetts Attorney General (AG) recently issued an Overview and Frequently Asked Questions document (Guidance) for the Massachusetts Pay Equity Law (Law), which will go into effect on July 1, 2018. 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). An updated Massachusetts Equal Pay Act (MEPA) went into effect on July 1, 2018. Considerations for Deciding Whether or Not to Complete a Self-Evaluation. The Massachusetts Attorney General's office ("AGO") issued Guidance on March 1 about the changes to the Massachusetts Equal Pay Act ("MEPA") that will take effect July 1. Any employer contemplating such an audit also should consider whether it could or should be subject to the attorney-client privilege. var addy_text535a535a8ab395d39ed57d0317c8a62c = 'kontakt' + '@' + 'stockholmallstripes' + '.' + 'se';document.getElementById('cloak535a535a8ab395d39ed57d0317c8a62c').innerHTML += ''+addy_text535a535a8ab395d39ed57d0317c8a62c+'<\/a>'; The gender wage gap affects every family in the Commonwealth, and the new laws provisions, including pay transparency and restricting salary history in hiring, will provide tools to women and families that they need to ensure economic security. However, job descriptions that accurately reflect the skill, effort, and responsibility may be informative to the overall analysis. For a detailed review of the MEPA,refer to our prior discussion. MEPA provides a complete defense to a legal claim for any employer that has conducted a good faith, reasonable self-evaluation of its pay practices within the previous three years and before an action is filed against it. Weve now updated that law to be among the strongest in the country and taken an important step toward closing a gender pay gap that hurts Massachusetts women and families, AG Healey said. Massachusetts is considered to be an employees primary place of employment if he or she telecommutes to a Massachusetts worksite even if he or she does not physically spend those telecommuting hours in Massachusetts. These amendments represent a significant change in the law, and employers will want to take prompt steps to determine if their pay practices are compliant. var path = 'hr' + 'ef' + '='; Importantly, evidence that an employer has conducted a self-evaluation or taken remedial steps as a result is not admissible in court to show a violation of MEPA or the Massachusetts anti-discrimination law, Massachusetts General Law Chapter 151B, in certain specified circumstances. ) or https:// means youve safely connected to the official website. More than 70 years after Massachusetts became the first state to pass an equal pay law, we still have not achieved equality in our state. An official website of the Commonwealth of Massachusetts, Invite Attorney General Andrea Joy Campbell to your event, Request office hours, trainings, or other meetings with staff, Find more ways to contact the Attorney General's Office, for the Office of the Attorney General > Organization Sections > Content. whether the evaluation considers a reasonable number of jobs and employees; whether the evaluation takes into account all reasonably relevant and available information; and. twice the amount of the employees unpaid wages), and attorneys fees are recoverable if a judgment is awarded to the plaintiff. Court Brief Argues That the Second Amendment Permits Reasonable Gun Safety Laws, 16 State Attorneys General Signed Brief in Support of Massachusetts School Districts Policy on Transgender Students Privacy Rights. The Guidance contains a basic guide for conducting self-evaluations, including a link to the Attorney General Offices pay calculation tool and a checklist for employers to review their internal policies and practices.