State Equal Pay Act Changes

    Several states have recently modified their Equal Pay Acts, increasing the scope of those laws. For example, California eliminated its requirements that to be actionable, the wage differential must be within the “same establishment” and the work must be “equal.” Rather than being “equal” the work must now be “substantially similar” and the modified establishment language means that the prohibition could potentially apply across an entire business, not merely to a single physical location.  (Cal. Laws 2015, Ch. 546). Similarly, New York modified its law so that the term “same establishment” is now defined as workplaces in the same geographic region no larger than a county. (N.Y. Laws 2016, Ch. 362). In Massachusetts, a recent change to the law (effective 1/1/2018) will prohibit employers from requesting salary history during the job interview process. The new legislation also updates the definition of “comparable work” to clarify that it means work that is substantially similar in skill, effort, and responsibility. (Mass. Laws 2016, Ch. 177).