Think You Can Verify Salaries? Think Again: Massachusetts Passes Comprehensive Pay Equity Law, Bans Pay History Inquiries

On August 1, 2016, Massachusetts joined a growing state and federal trend by passing a comprehensive “pay equity” law. Indeed, the focus on equitable pay has been a major priority for the Obama Administration since 2009, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 just after taking office. Since that time, the federal government has enacted several laws aimed at closing the pay gap for women and minorities, and many states have passed pay equity/pay secrecy laws, including Connecticut, Maryland, California, and New York.

The Massachusetts law goes into effect January 1, 2018, and imposes strict guidelines on employers in regards to applying equitable compensation, limiting the right of employees to discuss compensation, and restricting employers from inquiring about the pay history of job applicants until after making an offer of employment with compensation (this provision is the first of its kind passed by any state).

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