Massachusetts and Federal Equal Pay Laws: Bridging the Gender Wage Gap
Understanding the Gender Pay Gap and Equal Pay LawsThe gender pay gap, a well-documented issue, continues to persist across various industries and professions, with women generally earning less than men. Debates on whether this gap arises from discrimination or occupational choices have been ongoing. However, it's essential to recognize that if within the same organization, men and women receive unequal pay for similar work, it could potentially violate both federal and state equal pay laws.
As a woman earning less than male counterparts with similar roles, you may have grounds for a sex discrimination claim and rights protected under equal pay laws. Employers should also familiarize themselves with these laws. For more information, explore our frequently asked questions regarding equal pay laws. Closing the Gender Gap-Equal Pay Act RequirementsThe Federal Equal Pay Act and the Massachusetts Equal Pay Act aim to bridge the gender wage gap by prohibiting compensation discrimination—ensuring that men and women receive equal or comparable pay for similar work. In Massachusetts, the criteria revolve around comparable work, which is slightly broader than the federal requirement for equal work. Comparable work typically involves jobs that demand similar skills, effort, and responsibility, all performed under similar working conditions.
Certain exceptions permit employers to pay men and women differently. These exceptions include seniority systems, merit-based systems, or systems that measure earnings based on production quality or quantity. Additionally, a "catch-all" exception under federal law allows pay differences for "any factor other than sex." Notably, the Massachusetts Equal Pay Act does not include this catch-all exception but permits pay differences related to job-related travel or educational requirements. It also prevents seniority systems from penalizing employees for time spent on pregnancy-related or family and medical leave. Employers can establish an affirmative defense to a Massachusetts Equal Pay Act claim by conducting a good faith equal pay audit. Equal Pay Laws and Other Discrimination LawsIn numerous instances, the protections provided by Equal Pay laws overlap with existing discrimination laws. For instance, employers consistently paying women less than men may violate laws against sex discrimination and equal pay laws simultaneously.
It's essential to bear in mind the overlapping rights, especially for women of color. The wage gap is more pronounced for people of color compared to white women. While equal pay laws do not directly address pay gaps based on race, color, or national origin, discrimination based on any of these factors is illegal. If a woman of color earns less than white colleagues for equal or comparable work, she may have grounds for a claim under these laws. Proving Equal or Comparable WorkEqual or comparable work encompasses roles that require substantially similar skills, effort, and responsibility, performed under similar conditions. It does not mandate identical job duties for pay equity determinations.
Neither federal nor state equal pay laws set precise criteria for allowable pay differences in cases of equal or comparable work. An employer facing an equal pay claim may cite a "merit system" as a justification for unequal pay. However, such a system may rely on subjective criteria that impact women's earnings compared to men. Pay differences based on production quality or quantity could also conceal discrimination, particularly if women are assigned more challenging or less profitable tasks, such as sales territories. In many business settings, employers may control access to opportunities, leading to varying performance, even on objective metrics. Under federal law, the "catch-all" exception permits pay differences based on "any factor other than sex." Consequently, an equal pay claim often involves competing facts, with the employer presenting multiple justifications for unequal pay. |
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Proving the Pay Gap
Comparing compensation plans can be straightforward in roles where employees receive fixed salaries. However, complexities arise when compensation includes bonuses or incentive pay.
An effective starting point involves analyzing total compensation from all sources, but this information is not always readily available before initiating a lawsuit—unless coworkers are willing to share their salary details.
Massachusetts has addressed this concern by prohibiting employers from preventing employees from sharing compensation information.
An effective starting point involves analyzing total compensation from all sources, but this information is not always readily available before initiating a lawsuit—unless coworkers are willing to share their salary details.
Massachusetts has addressed this concern by prohibiting employers from preventing employees from sharing compensation information.
Time Limits for Bringing an Equal Pay Claim
An important distinction between sex discrimination claims and equal pay claims is the statute of limitations. In Massachusetts, the statute of limitations for discrimination claims is 300 days from the discriminatory act. In contrast, a federal equal pay claim has a two-year statute of limitations, and a Massachusetts equal pay claim has a three-year statute of limitations. Therefore, if you miss the deadline for a sex discrimination complaint, you may still have time to challenge your compensation due to these extended time frames.
In the past, many women with unequal pay were unable to bring claims because the pay disparity persisted for more than two or three years. The Lilly Ledbetter Fair Pay Act, enacted in 2009, addressed this issue by considering each unequal paycheck as a new violation. Consequently, even if you received unequal pay for several years, you can still file a claim as long as some of the affected paychecks fall within the statute of limitations.
In the past, many women with unequal pay were unable to bring claims because the pay disparity persisted for more than two or three years. The Lilly Ledbetter Fair Pay Act, enacted in 2009, addressed this issue by considering each unequal paycheck as a new violation. Consequently, even if you received unequal pay for several years, you can still file a claim as long as some of the affected paychecks fall within the statute of limitations.
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Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, workplace sexual harassment situations, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination, harassment and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, discrimination, harassment and retaliation claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, harassment, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination, harassment and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
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Our experienced team can provide legal guidance and representation if you believe you're facing pay discrimination. Contact us to discuss your situation and take steps toward fair compensation. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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