Massachusetts State Laws

On April 13, 2018 Governor Charlie Baker signed a bill known as An Act Relative to Criminal Justice Reform. This bill, which goes into effect on October 13 2018, updates existing “Ban The Box” laws that were initially introduced in 2010. The bill:

• Limits the timeframe for which an employer may inquire about certain misdemeanor convictions. Currently, employers may not ask about these misdemeanors if the conviction or final date of incarceration occurred more than five years before the individual completed a job application. The new bill reduces that timeframe to three years. This does not apply to applicants who incurred a new conviction within that three year period.
• Prohibits employers from asking about criminal records or convictions that have been expunged or sealed.

Massachusetts Governor Charlie Baker signed bill S.2119, An Act to Establish Pay Equity on August 1, 2016. It is intended to prevent gender-based discrimination in regards to salary, benefits and other compensation. The bill, which goes into effect on January 1, 2018 will prohibit employers from:

• Requiring applicants to disclose or discuss their salary, benefits or other forms of compensation.
• Screening applicants based on their salary history, benefits or other forms of compensation.
• Seeking out the salary history of an applicant unless that applicant provides written authorization for the employer to do so.
• Taking any adverse action against an employee who opposes any practice that is made unlawful by the bill.
• Establishing a contract with an employee in order to avoid compliance with the bill.

Exceptions to this law can be made based on:

• A seniority-based system.
• A bona fide merit system.
• Levels of education, training and experience.
• Position location.
• The amount of travel that will be required by the position.