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Women are
84%
more likely to
live in poverty
than white men in
Massachusetts
Single-woman led households are at the
highest risk
of poverty in
Massachusetts
In
Massachusetts
, women earn
$0.72
for every dollar a white man makes
Women in
Massachusetts
are
55%
more likely to earn
minimum wage
than white men
Women in
Massachusetts
are
45%
more likely to earn a
tipped wage
than white men
In
Massachusetts
, at least
68%
of women are essential to the financial security of their household
The Massachusetts equal pay law requires equal pay for comparable work, based on gender.[1] The law defines “comparable work” as work that requires substantially similar skill, effort, and responsibility, and is performed under similar working conditions.
a. Affirmative Defenses: To justify a pay disparity, an employer can assert that the disparity is based on a seniority system (except that time spent on leave due to pregnancy or protected parental, family and medical leave does not reduce seniority); a merit system; a system based on quantity or quality of production, sales, or revenue; geographic location where the job is performed; education, training, or experience if relevant to the job; or travel.[2]
b. Retaliation: An employer cannot retaliate against an employee for opposing a practice made unlawful under the equal pay act; making a complaint or instituting a proceeding under the equal pay act; or testifying, assisting, or participating in an investigation or proceeding under the equal pay act.[3] Retaliation is punishable by a fine of not more than $100.[4]
[1] Mass. Gen. Laws ch. 149, § 105A(b) (2022).
[2] Mass. Gen. Laws ch. 149, § 105A(b) (2022).
[3] Mass. Gen. Laws ch. 149, § 105A(c)(3) (2022).
[4] Mass. Gen. Laws ch. 149, § 105B (2022).
Yes. While federal law requires equal pay for equal work, Massachusetts’ standard references “comparable work,” which is a more protective standard. The law also includes broader limitations on the affirmative defenses that an employer can raise and provides that leave for pregnancy or family cannot be used to reduce seniority.
Yes. Effective July 31, 2025, Massachusetts will require employers with 25 or more employees in Massachusetts to disclose salary range information in job postings; disclose pay ranges for promotion or transfer opportunity to an employee offered the position; and provide pay range information for a position to any current employees holding that position upon request.[1]
[1] H.4890, 193rd Legis. (Mass. 2024).
Yes. An employer may not seek the wage or salary history of a prospective employee.[1] However, if a prospective employer voluntary discloses such information, the employer may confirm it, and the employer may seek or confirm wage or salary history after an offer of employment with compensation has been negotiated and made.[2]
[1] Mass. Gen. Laws ch. 149, § 105A(c)(2) (2022).
[2] Mass. Gen. Laws ch. 149, § 105A(c)(2) (2022).
Yes. Employers cannot require that an employee refrain from inquiring about, discussing, or disclosing information about the employee’s wage or another employee’s wage.[1]
[1] Mass. Gen. Laws ch. 149, § 105A(c)(1) (2022).
Yes. Effective February 1, 2025, private employer with over 100 Massachusetts employees will be required to submit an aggregated wage data report to the state annually, which includes workforce pay data based on gender, race, and ethnicity.[1] The Massachusetts equal pay law also creates an incentive for employers to conduct self-evaluations of its pay practices by allowing employers to raise the evaluation as an affirmative defense to an equal pay claim.[2]
[1] H.4890, 193rd Legis. (Mass. 2024).
[2] Mass. Gen. Laws ch. 149, § 105A(d) (Mass. 2024).
Yes. The minimum wage in Massachusetts is above the federal minimum wage and is adjusted annually to inflation.[1] An employer can be issued a civil citation of “not more than $25,000” for a minimum wage violation with each failure to pay constituting a different offense.[2] A minimum wage violation can also be a misdemeanor, subject fine of not more than $25,000 and imprisonment for not more than one year for a willful violation for a first offense.[3]
[1] Massachusetts Law About Minimum Wage, Mass.gov (Oct. 24, 2022), https://www.mass.gov/info-details/massachusetts-law-about-minimum-wage.
[2] Mass. Gen. Laws ch. 149, § 27C(b) (2022).
[3] Mass. Gen. Laws ch. 149, § 27C(a) (2022).
No. Employers can pay certain tipped workers less than minimum wage.[1]
[1] Mass. Gen. Laws ch. 151, § 7 (2022).
Yes. Employers must pay wages weekly or biweekly, but employers can pay executive, administrative, or professional capacity semi-monthly.[1]
[1] Mass. Gen. Laws ch. 149, § 148 (2022).
Yes. Employers must provide each employee with a paystub each pay period showing the employer’s name, the employee’s name, the date, the number of hours worked, hourly rate, and any deductions or increases in that pay period.[1]
[1] Mass. Gen. Laws ch. 149, § 150A (2022).
Yes. Generally, overtime payment at 1.5 times the employee’s regular rate is required for an employee who works over 40 hours, with certain exceptions.[1]
[1] Mass. Gen. Laws ch. 151, § 1A (2022).
Yes. The Massachusetts Wage Act, prohibits wage theft and allows workers to institute an action for treble damages as liquidated damages, any lost wages and other benefits, and costs and attorneys’ fees.[1] The Act also makes certain corporate officers individually liable for violations. The law covers minimum wage violations, non-payment of wages, and misclassification of workers. An employer who retaliates against an employee for making a wage theft complaint can also face these same sanctions.[2]
[1] Mass. Gen. Laws ch. 149, § 150 (2022).
[2] Mass. Gen. Laws ch. 149, § 148 (2022).
