MA Senate Passes Legislation to Strengthen Mass Equal Pay Act
Saturday, January 30, 2016
The bill now goes to the House of Representatives for consideration.
The bill seeks to bridge the wage gap by ensuring equal pay for comparable work, establishing pay transparency and requiring fairness in hiring practices.
“When President Kennedy signed the Equal Pay Act of 1963, women earned 59 cents on the dollar. It’s been 53 years, and we’ve closed the gap to 82 cents on the dollar in Massachusetts. We cannot – we will not – wait another half century to finally achieve equal pay for equal work. I look forward to working together with the Governor and Speaker to pass this critical piece of legislation," said Senate President Stan Rosenberg.
According to the U.S. Bureau of Labor Statistics, a woman working full time in Massachusetts earns 82 cents for every dollar a man in Massachusetts earns. The institute for Women's Policy Research projects has reported that the wage gap in Massachusetts will not close on its own until 20158.
What the Bill Does
The bill strengthens current law by redefining the term "comparable work" within the Massachusetts Equal Pay Act to ensure comparable work is really comparable in pay.
Variations in pay may exist for comparable work if the difference is based on a bona fide merit system. The bill also prohibits an employer from reducing the pay of any employee in order to comply with the Massachusetts Equal Pay Act.
The bill encourages pay transparency, while ensuring that salary history is not used against employees when negotiating for a new job. The bill prohibits employers from banning employees from discussing or disclosing information about their own wages or other employees' wages.
The bill prohibits retaliation against an employee who opposes any act in violation of the Massachusetts Equal Pay Act, files a complaint or participates in an investigation or discuses wages with another employee.
The bill includes several updates to the way a pay equity claim may be filed to make it easier for individuals to make timely claims and ease administrative barriers to filing a pay equity claim.
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