164 | Massachusetts Wage & Hour Peculiarities, 2025 ed. © 2025 Seyfarth Shaw LLP C. Massachusetts Pay Transparency Act The Massachusetts Pay Transparency Act, which went into effect in part on October 29, 2024 and will be fully effective October 29, 2025, requires employers with 25 or more employees in the Commonwealth to disclose salary range information on job postings, and to provide pay range information to current employees in certain circumstances.1001 Specifically, it requires impacted employers to: post the “pay range” for a particular position on all job postings disclose the pay range for a position to employees who are offered a promotion or a transfer to a new position with different job responsibilities upon request, provide the pay range for a particular position to an employee holding the position or to an applicant for the position1002 “Posting” encompasses “any advertisement or job posting intended to recruit job applicants for a particular and specific employment position,” including posts made directly by an employer or indirectly through a third party.1003 “Pay range” is defined as “the annual salary range or hourly wage range that the covered employer reasonably and in good faith expects to pay for such position” at the time of posting.1004 The new legislation aligns with recent statutes in a number of other states that have adopted pay transparency requirements over the past several years. However, unlike laws in other states with recently enacted pay transparency laws (e.g., Maryland, Minnesota, Washington), the Massachusetts law does not require disclosure of bonuses or other benefits. Pursuant to the new legislation, employers with 100 or more employees in the Commonwealth at any time during the prior calendar must also now submit an annual EEO data report that includes workforce demographic and pay data categorized by race, ethnicity, sex, and job category.1005 Unions, state and local governments, and elementary and secondary school systems will need to submit similar information every other year.1006 The new law does not necessarily create substantial additional paperwork for private employers because submission of a properly completed federal EEO-1 Employer Information Report will satisfy this filing requirement. Employers must submit this data to the Secretary of the 1001 An Act Relative to Salary Range Transparency, Ch. 141 of the Acts of 2024. A copy of the legislation can be found at https://malegislature.gov/Laws/SessionLaws/Acts/2024/Chapter141 (last visited Mar. 6, 2025). 1002 Id., § 105F(b)-(d) 1003 Id., § 105F(a) 1004 Id. 1005 Id., § 105E(a)-(e) 1006 Id., § 105E(b)(2), (3).
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