Happy New Year for MA Wage Act Defense

On the last day of 2025, the Massachusetts Appeals Court reminded employers about the value of a self-audit. This case is the first to apply  the “affirmative defense” under the Massachusetts Equal Pay Act (MEPA) since it was enacted in 2018.  Instead of allowing  fact-intensive, complicated litigation under an employee’s equal pay claim, the defendant employer was able to assert the MEPA affirmative defense:

1. That they had conducted a self-evaluation within three years of the date the complaint was filed;
2. That the self-evaluation was done in good faith; and
3. That the employer had made progress in eliminating pay disparities.

You may recall this case at the Superior Court level because it was a state agency that was being sued. In a delicious twist, it is the Massachusetts Office of the Attorney General who made the successful argument that a proper self evaluation and reasonable progress towards equity can be a full defense against equal pay claims, even if disparities initially existed. No cap as the kids say.

We were early proponents of how useful a self-audit is for an affirmative defense and developed a fixed fee service, which has helped so many employers. If the self-audit worked for the AG, it will certainly work for you. And if you have done a self-audit in the past, make sure it is updated every three years to be a valid defense.

We can help. Contact us or check out our MEPA audit service.