T here have been many questions about the law since its passage in 2016. Today the Attorney General published a Guidance Document to help answer those questions.  The guidance is entitled "An Act to Establish Pay Equity: Overview and Frequently Asked Questions," and it addresses issues such as:

• whether incentive pay and benefits (such as vacation, holidays, etc.) are included in the term "wages" under the Act (they are);
• what constitutes a valid seniority system and merit system;
• whether market forces can be used to justify pay disparities (they can't); 
• whether employers can ask applicants what their salary expectations are (they can); and
• what it means for a self-evaluation to be performed in "good faith," as well as providing some tips for employers on how to conduct a good-faith self-evaluation.
   

You can access the information on the Attorney General's website by clicking here or download the PDF here.  

 

As a reminder, under the new law which goes into effect on July 1, 2018, pay differences between persons performing comparable work are only acceptable if based upon: (1) a seniority system; (2) a merit system; (3) a per unit or sales compensation scheme; (4) geographic location of the job; (5) education, training and experience, or; (6) the amount of travel required. The new law defines "comparable work" as work that requires "substantially similar skill, effort and responsibility" and is performed under "similar working conditions."