Massachusetts’ new Pay Equity law attempts to ensure that men and women performing “comparable work” receive equitable pay rates. Massachusetts is the third state to pass a pay equity law, New York (Senate Bill S1) and California (CA Labor Code section 1197.5) being the other two.
The law requires employers with locations in Massachusetts to “…post a notice in their workplaces notifying employees of their rights under section 105A of chapter 149. The notice shall be posted in a conspicuous place in at least one location where employees congregate.”
Updated Massachusetts Minimum Wage Posting or Separate Pay Equity Posting?
GovDocs Compliance Counsel Anne Jakala, Esq. noted that the Massachusetts law doesn’t take effect until January 1, 2018.
“It’s too soon to tell if the State will release a separate Pay Equity posting or if they will update the Massachusetts Minimum Wage posting. We will continue to watch to see if a separate posting is released.”
Will Pay Equity Laws Trend?
Just like Ban the Box, Paid Sick Leave, and City/County Minimum Wages have swept the nation in the past few years, Pay Equity laws could begin to sweep the nation, with at least some of them including posting and notice requirements.
At the very least, employers with locations in multiple states should assess wage rates within job classifications to ensure that no gender pay disparity exists within a job classification.
No Muzzling Employees In Gender Wage Discussions
One common component among the three state Pay Equity laws is the allowance of employees to discuss pay with one another. This allowance makes it easier for workers to identify wage inequity based on gender.
For example, the new Massachusetts law makes it illegal for employers to discharge or otherwise punish employees for disclosing “the employee’s wages, benefits or other compensation” or for asking about or discussing other workers’ wages.
Likewise, the New York law states: No employer shall prohibit an employee from inquiring about, discussing, or disclosing the wages of such employee or another employee.
Discussing wage rates is also considered protected concerted activity at the federal level under Section 7 of the National Labor Relations Act (NLRA). READ MORE: Can Employees Discuss Pay and Salaries?
GovDocs Compliance is Trending!
Fashionista billionaire Aerin Lauder once said:
“The trends that last and the trends that are relevant are the ones that make you look pretty.”
GovDocs can’t claim to make you look prettier, but by keeping ahead of labor law trends and managing posting compliance programs for North America’s largest employers, we can make your job easier. And that definitely can make you look good!
Contact us today to learn how we can help you simplify labor law posting compliance.