The Massachusetts Attorney General has issued guidance on the significant changes to the Massachusetts Equal Pay Act, which will be implemented July 1st.
The document provides definitions of key terms, as well as explains the factors employers can use to explain wage differentials.
The definitions for determining “comparable work” are outlined by Hogan Lovells as follows:
- “Skill” includes “such factors as experience, training, education, and ability required to perform the jobs.”
- “Effort” is described as “the amount of physical or mental exertion needed to perform a job.”
- “Responsibility” is explained as encompassing “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.”
- “Working conditions” mean “environmental and other similar circumstances customarily taken into account in setting salary or wages.” These can include physical surroundings and hazards. Working conditions may include the day or time of work, such as the types of scheduling differences that are taken into account in establishing shift differentials.
The Attorney General also provided explanation of a “Good Faith” Self-Evaluation for employers. Hogan Lovells explains:
The Guidance explains that whether an evaluation is “reasonable in detail and scope” depends on the “size and complexity of an employer’s workforce,” in light of factors including “whether the evaluation includes a reasonable number of jobs and employees,” and is “reasonably sophisticated.”
For more information on these changes, please click here.
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