Massachusetts Pay Equity Act – Senate Bill No. 2119

Massachusetts is the first state to enact a law prohibiting an employer from obtaining past salary information. This act prohibitions certain inquiries of the applicant and past employers regarding:

1) past wage/salary history;

2) past benefits;

3) any other past component of compensation.

The Act will become effective on July 1, 2018 giving employers time to evaluate their pay practices and make necessary changes to comply with the law.

Similar measures are being considered in California and New York.

Take Away:

  •  • Review job applications, including applications embedded within applicant tracking systems, and related forms for impermissible inquiries regarding salary.
  •  • Provide training and FAQs to employees who conduct job interviews and make or influence hiring and personnel decisions to explain permissible and impermissible inquiries into, and uses of, salary records, and convey protocols for storing such records and documenting related hiring and personnel decisions.


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