massachusetts equal pay act attorney general guidanceaudit assistant manager duties and responsibilities

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. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. Further, changes in the labor market or other market forces cannot be used to justify a pay disparity. Stockholm All Stripes historia gr tillbaka till 2003, d HBTQ-ishockeylaget Stockholm Snipers bildades. 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. 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). 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. The Massachusetts Attorney General's Office issued on March 1, 2018, its much anticipated guidance on the new Massachusetts Equal Pay Act (MEPA). EPA Announces Efforts to Close Out Specific Antimicrobial VAT tax consequences due to the offsetting of debts. 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. To view the AGs guidance on the amended Massachusetts Equal Pay Act, click here. Other Protections. The From JDSupra, Nancy Gunzenhauser Popper and Susan Gross Sholinsky from Epstein Becker & Green discuss the Attorney Generals guidance on Massachusetts Pay Equity Act. Before joining Proskauer, Samantha was an intern with the Enforcement Unit of the Massachusetts Commission Against Discrimination, where she investigated complaints and drafted dispositions. The decision for an employer over whether to complete a self-evaluation should be carefully considered, as it is a significant undertaking with respect to time, money (both for conducting the evaluation and the resulting wage increases) and human capital resources. Top-requested sites to log in to services provided by the state. var addy535a535a8ab395d39ed57d0317c8a62c = 'kontakt' + '@'; Employers may have a "complete defense" to MEPA claims if they have conducted a legally sufficient self-audit of their pay practices within three years before the claim is filed. A .mass.gov website belongs to an official government organization in Massachusetts. Massachusetts Equal Pay Copyright 19962023 Holland & Knight LLP. Please limit your input to 500 characters. A bona fide seniority system is defined as a system that recognizes and compensates employees based on length of service with the employer, excluding time spent on leave due to pregnancy-related conditions and protected parental, family and medical leave (, A bona fide merit system is defined as a system that provides for variations in pay based upon employee performance as measured through legitimate, job-related criteria (, A bona fide productivity system is defined as a system that measure earnings by quantity or quality of production, sales or revenue in a uniform, reasonably objective fashion (. Du mste tillta JavaScript fr att se den. Please remove any contact information or personal data from your feedback. Attorney General Maura Healey is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts. . Who are covered employees? Working together, we can create a stronger and more equitable economy for everyone., Associated Industries of Massachusetts (AIM) and its member employers are pleased to have played a constructive role in the development of the pay equity law and guidance, said Richard C. Lord, President & CEO of AIM. Share sensitive information only on official, secure websites. WebThe official website of Massachusetts Attorney General Maura Healey. (For a summary of The Attorney General's Office has issued guidance and resources to assist employers in complying with 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. The Office of the Massachusetts Attorney General (AG) recently issued an Overview and Frequently Asked Questions document (Guidance) for the Massachusetts var prefix = 'ma' + 'il' + 'to'; The feedback will only be used for improving the website. However, nothing prevents an applicant from truly volunteering the information, and employers are permitted to ask applicants for salary requirements or expectations. 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. Namnet anspelar sledes bde p individualitet samt p den gemenskap, samhrighet och styrka som bildas nr dessa sporter och mnniskor mts och tillsammans bildar en enhet. Det r ocks en referens till idiomet of all stripes, vilket betyder of all kinds eller av alla sorter, fr att visa att vr frening r en plats bde fr en mngd olika sporter men ocks fr mnniskor med olika bakgrund samt allt som ryms inom hbtqi. 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. A .mass.gov website belongs to an official government organization in Massachusetts. 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. Effort is defined as the amount of physical or mental exertion needed to perform a job. The law covers any employee whose primary place of work is in Massachusetts; residency is not a dispositive test. A new Algonquian Equal Pay Law went into effect on July 1, 2018. 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. 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. Unlike a typical employment discrimination claim, an employee need not file first with the Massachusetts Commission Against Discrimination or the Attorney General the aggrieved employee (and/or the Attorney Generals office) may go directly to court. 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. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. WebOn March 1, 2018, the Massachusetts Attorney Generals Office published guidance on the amendments to the Massachusetts Equal Pay Act (MEPA), as described below. 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. WebThis page, Introduction to the basics of the Massachusetts Equal Pay Act, is offered by Office of the Attorney General; show more Vi erbjuder badminton, bowling, damfotboll, friidrott, herrfotboll, innebandy och lngdskidkning, inklusive regelbunden trning samt mjligheten att tvla bde i Sverige och utomlands. In 1945, Massachusetts became the first state in the country to pass an equal pay law, but the gender pay gap persists in Massachusetts and across the country. Massachusetts Any employer contemplating such an audit also should consider whether it could or should be subject to the attorney-client privilege. For midsize and large employers, conducting a formal statistical analysis will likely be necessary. Considerations for Deciding Whether or Not to Complete a Self-Evaluation. On March 1, 2018, the Massachusetts Attorney Generals Office issued its formal Guidance on the amendments to the Massachusetts Equal Pay Act (MEPA) taking 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. 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. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. MEPA applies to all employers in Massachusetts as well as employers based outside of Massachusetts who have employees with a primary place of work in Massachusetts. 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 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. On July 1, 2018, an updated equal pay law will go into effect in Massachusetts, providing more clarity as to what constitutes unlawful wage discrimination and adding Employees have three years from the date of the alleged violation to file a claim in court. Back in July 2016, the Massachusetts legislature passed an Act to Establish Pay Equity (Mass. Massachusetts Attorney General Issues Guidance on Pay Equity Law WebThe Attorney Generals Office offers detailed guidance to help employers comply with the law. For example: The Guidance further notes that similar working conditions would exclude meaningful differences in the days and times an employees shifts are scheduled, or shift differentials (i.e. Massachusetts Equal Pay Act Massachusetts Attorney General Issues Pay Equity Guidelines. Employers have responsibility to ensure pay equity twice the amount of the employees unpaid wages), and attorneys fees are recoverable if a judgment is awarded to the plaintiff. Massachusetts Attorney General Issues Guidance on New Damages include double the employees unpaid wages, benefits or other compensation, as well as attorneys fees. 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. Should an employer opt to perform a proactive self-evaluation/pay audit, the employer may want to consider hiring an outside consultant to perform the self-evaluation for purposes of efficiency, credibility (an independent neutral analysis offers a more unbiased viewpoint) and outside expertise. Under the updated MEPA, an employer is not liable if it can demonstrate that pay differentials are based on: (1) a bona fide seniority system (provided that time spent on a pregnancy-related leave or protected parental, family or medical leave shall not reduce an employees seniority); (2) a bona fide merit system; (3) a bona fide productivity system (such as quantity or quality of production or sales); (4) the geographic location in which a job is performed; (5) education, training or experience, to the extent such factors are reasonably related to the particular job in question and consistent with business necessity; or (6) travel, if the travel is a regular and necessary condition of the particular job. Introduction to the basics of the Massachusetts Equal Pay The AGs Guidance contains a Frequently Asked Questions section that drills down into the finer points of the new MEPA. 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. It provides greater clarity as to what constitutes gender-based wage discrimination, adds new protections for workers, and incentivizes employers to address gender-based pay disparities. Learner regarding employer responsibilities and your rights under those law. During her time at Harvard Law School, Samantha served as a You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Massachusetts Attorney General Issues Guidance 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. Moreover, the laws of each jurisdiction are different and are constantly changing. The information includes an extensive section of frequently asked questions, sample ) or https:// means youve safely connected to the official website. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. 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. For small comparable job groupings (those with up to thirty employees), the Basic Guide recommends that employers look at similarly-situated male and female employees within each group to assess whether any differentials in pay are explained by these permissible factors. 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. Second, the new law more broadly defines what type of work is considered comparable for purposes of gender pay equity. To be eligible for this affirmative defense, the self-evaluation must be reasonable in detail and scope and the employer must also show reasonable progress towards eliminating any unlawful gender-based wage differentials that its self-evaluation reveals. What are the Exceptions for Pay Inequities? 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. an employee responsible for signing documents may have greater responsibility than one simply tasked with drafting said documents. Massachusetts AG issues Equal Pay Act Guidance - National Law On March 1, 2018, the Massachusetts Attorney General (AG) issued detailed guidance on the amendments to the Massachusetts Equal Pay Act (MEPA), which are set to go into effect on July 1, 2018. Key Provisions of the Law and the Guidance. Do not send any privileged or confidential information to the firm through this website. The Basic Guide goes on to describe six steps that together will form the basis of a self-evaluation that is reasonable in scope and detail.. On March 1, 2018, the Massachusetts Attorney Generals Office published guidance on the amendments to the Massachusetts Equal Pay Act (MEPA), as described below.

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