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HOUSE DOCKET, NO. 2814 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1849
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Josh S. Cutler and Brandy Fluker Oakley
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to salary range transparency.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Josh S. Cutler6th Plymouth1/19/2023Brandy Fluker Oakley12th Suffolk1/23/2023Chynah Tyler7th Suffolk1/23/2023Mindy Domb3rd Hampshire1/23/2023Smitty Pignatelli3rd Berkshire1/24/2023Patricia D. JehlenSecond Middlesex1/24/2023Kenneth I. Gordon21st Middlesex1/24/2023Francisco E. Paulino16th Essex1/24/2023Brian W. Murray10th Worcester1/25/2023Christopher J. Worrell5th Suffolk1/25/2023Christine P. Barber34th Middlesex1/25/2023Lindsay N. Sabadosa1st Hampshire1/25/2023Jack Patrick Lewis7th Middlesex1/25/2023Kathleen R. LaNatra12th Plymouth1/26/2023Ruth B. Balser12th Middlesex1/27/2023Sean Garballey23rd Middlesex1/27/2023Steven Owens29th Middlesex1/28/2023William J. Driscoll, Jr.7th Norfolk1/30/2023 2 of 3
Vanna Howard17th Middlesex1/30/2023Kay Khan11th Middlesex2/1/2023Sally P. Kerans13th Essex2/1/2023Tram T. Nguyen18th Essex2/1/2023Thomas M. Stanley9th Middlesex2/2/2023Michael P. Kushmerek3rd Worcester2/2/2023Carlos González10th Hampden2/2/2023Steven Ultrino33rd Middlesex2/2/2023Carmine Lawrence Gentile13th Middlesex2/2/2023Carol A. Doherty3rd Bristol2/2/2023Christopher M. Markey9th Bristol2/3/2023Susannah M. Whipps2nd Franklin2/3/2023David Paul Linsky5th Middlesex2/6/2023Adrian C. Madaro1st Suffolk2/6/2023Jon Santiago9th Suffolk2/6/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/6/2023Patricia A. Duffy5th Hampden2/8/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/8/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023David Allen Robertson19th Middlesex2/8/2023Joan Meschino3rd Plymouth2/8/2023Mark J. Cusack5th Norfolk2/9/2023Edward R. Philips8th Norfolk2/9/2023Dylan A. FernandesBarnstable, Dukes and Nantucket2/10/2023Alan Silvia7th Bristol2/10/2023Colleen M. Garry36th Middlesex2/13/2023Jessica Ann Giannino16th Suffolk2/14/2023Jay D. Livingstone8th Suffolk2/14/2023Samantha Montaño15th Suffolk2/20/2023Patricia A. Haddad5th Bristol2/23/2023Shirley B. Arriaga8th Hampden2/28/2023Simon Cataldo14th Middlesex2/28/2023Mathew J. Muratore1st Plymouth3/1/2023Rob Consalvo14th Suffolk3/1/2023Paul R. FeeneyBristol and Norfolk3/5/2023Hannah Kane11th Worcester3/6/2023Michelle L. Ciccolo15th Middlesex3/8/2023Bruce J. Ayers1st Norfolk3/9/2023Russell E. Holmes6th Suffolk3/10/2023 3 of 3
Rodney M. Elliott16th Middlesex3/11/2023Natalie M. Higgins4th Worcester3/12/2023Patrick Joseph Kearney4th Plymouth3/13/2023Marcus S. Vaughn9th Norfolk3/13/2023Christopher Richard Flanagan1st Barnstable3/14/2023Michael D. BradySecond Plymouth and Norfolk3/14/2023Danillo A. Sena37th Middlesex3/14/2023Tommy Vitolo15th Norfolk3/15/2023Adrianne Pusateri Ramos14th Essex3/15/2023 1 of 2
HOUSE DOCKET, NO. 2814 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1849
By Representatives Cutler of Pembroke and Fluker Oakley of Boston, a petition (accompanied
by bill, House, No. 1849) of Josh S. Cutler, Brandy Fluker Oakley and others relative to salary
range transparency by certain employers. Labor and Workforce Development.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to salary range transparency.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after
2section 105D the following section:-
3 Section 105E. (a) As used in this section, the following words shall have the following
4meanings:
5 “covered employer” shall mean any employer, public or private, that employs 15 or more
6employees in Massachusetts.
7 “pay range” shall mean the annual salary range or hourly wage range or other
8compensation that the employer reasonably and in good faith expects to pay for such position at
9that time.
10 (b) A covered employer, or agent of said employer, shall disclose the pay range for a
11particular employment position within the advertising or posting of the position. 2 of 2
12 (c) A covered employer, or agent of said employer, shall provide the pay range for a
13particular employment position to an employee offered a promotion or a transfer to a new
14position.
15 (d) A covered employer, or agent of said employer, shall provide the pay range for a
16particular employment position to an employee holding such position, or to an applicant for such
17position, upon request.
18 (e) It shall be an unlawful practice for any employer to discharge or in any other manner
19retaliate or discriminate against any employee or applicant because such employee or applicant
20has opposed any act or practice made unlawful by this section, or has made any complaint to his
21employer, the attorney general, or any other person, or instituted, or caused to be instituted, any
22proceeding under or related to this section, or has testified or is about to testify in any such
23proceeding.
24 (f) The Attorney General shall enforce this section and may obtain injunctive or
25declaratory relief for this purpose. Any covered employer who violates this section, including
26failure to disclose a good-faith pay range, shall be punished by a warning for the first offense and
27not more than $500 for the second offense. For a third or subsequent offense, violation of this
28section shall be subject to section 27C(b)(1) and (2) of chapter 149. No violation of this section
29shall be construed to carry treble damages in chapter 149 section 150.
30 (g) The Attorney General shall conduct a public awareness outreach campaign, which
31shall include, but not be limited to, making information available on its website and otherwise
32informing employers of the provisions of this section.