Jackson Lewis PC presented an informative webinar “Mind the Gap: The Massachusetts Act to Establish Pay Equity.” The webinar discusses the pay equity gap that exists in the US, and the ongoing efforts at both the federal and state levels to eliminate the gap. See webinar https://vimeo.com/183538697.
At the federal level, the EEOC and OFCCP have become much more attentive to pay equity. According to Jackson Lewis:

• “EEO-1 reports will include ‘W-2 earnings’ and work hours for all employees starting in 2018
• EEOC and OFCCP will use the pay data to “assess complaints of discrimination, focus investigations, and identify employers with existing pay disparities that might warrant further investigation”
• OFCCP [is] adding pay equity inquiries to every audit and asking more information than ever before.”

At the state level, Massachusetts recently amended its Fair Pay Act, making it the strongest pay equity law in the country.

The law defines “comparable work” as “work that is substantially similar in that it requires substantially similar skill, effort and responsibility and is performed under similar working conditions; provided, however, that a job title or job description alone shall not determine comparability.”

The law prohibits employers from discriminating in any way on the basis of gender in the payment of wages, or paying any employee less than other employees of a different gender for comparable work, unless the wage disparity is based on:

(i) a system that rewards seniority with the employer; provided, however, that time spent on leave due to a pregnancy-related condition and protected parental, family and medical leave, shall not reduce seniority;
(ii) a merit system;
(iii) a system which measures earnings by quantity or quality of production, sales, or revenue;
(iv) the geographic location in which a job is performed;
(v) education, training or experience to the extent such factors are reasonably related to the particular job in question; or
(vi) travel, if the travel is a regular and necessary condition of the particular job.

Other provisions include:

• “’Wages’ is now defined as ‘all forms of remuneration for employment’
• Employers must not prohibit employees from discussing pay
• Employers can no longer ask employees about their pay history
• Tougher sanctions
• AG’s Office will provide forms and guidance to employers”