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David C. Henderson Evaluates Pay Equity Law in New England In-House

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David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, authored an article in New England In-House that evaluated the Massachusetts Pay Equity Act, which takes effect on July 1, 2018. In the article, “Employers: time to take another look at pay equity law,” David notes that there are preparations for 2018 that employers should consider taking now, or at least in the next year or so, before the new law becomes effective, to ensure their compliance or, at the very least, place their pay practices in the most defensible of positions in the event an adverse claim is made. He points out that one other aspect of the new law should recapture the attention of Massachusetts employers: liability under the Pay Equity Act, as well as under related laws, can be severe if a violation occurs.

According to David, there are three primary points that employers should understand now: the Pay Equity Act has four primary prohibitions, and three of them are new; employee rights under the Pay Equity Act will be enforceable by either the employee or the attorney general, and in either situation, sanctions for violation will be significant; and the Pay Equity Act provides substantial incentive to employers to undertake pre-claim, self-evaluation and remediation measures now, before the new law takes effect in 2018.

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