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Can you summarize MGL Chapter 149, Section 105A?
LABOR AND INDUSTRIES > Discrimination on basis of gender in payment of wages prohibited; enforcement; unlawful practices; good faith self-evaluation of payment practices
Short Summary
This section of the Massachusetts General Law prohibits employers from discriminating on the basis of gender in the payment of wages. Employers are required to pay employees of different genders equal rates for comparable work. However, variations in wages are allowed based on seniority, merit, quantity or quality of production, sales or revenue, geographic location, education, training or experience, and regular and necessary travel. Employers who violate this section may be liable for unpaid wages and liquidated damages. Employees can bring an action to recover such liability, and the attorney general can also bring an action on behalf of employees. The section also prohibits certain unlawful practices, such as requiring employees to refrain from discussing wages and seeking salary history from prospective employees. Employers who have completed a good faith self-evaluation of their pay practices and have made reasonable progress towards eliminating gender-based wage differentials may have an affirmative defense to liability.
Whom does it apply to?
Employers
What does it govern?
Discrimination on the basis of gender in the payment of wages
What are exemptions?
Variations in wages based on seniority, merit, quantity or quality of production, sales or revenue, geographic location, education, training or experience, and regular and necessary travel
What are the Penalties?
Employers who violate this section shall be liable to the affected employee for unpaid wages and an additional equal amount of liquidated damages. The attorney general may also bring an action to collect unpaid wages on behalf of employees, along with liquidated damages, costs of the action, and reasonable attorneys' fees.
Jurisdiction
Massachusetts