Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1940 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 2
2	2	HOUSE DOCKET, NO. 4039 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1940
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David M. Rogers and Christine P. Barber
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to transparency in the workplace.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/20/2023Christine P. Barber34th Middlesex1/20/2023Kathleen R. LaNatra12th Plymouth1/26/2023Ruth B. Balser12th Middlesex1/27/2023Sean Garballey23rd Middlesex1/27/2023Steven Owens29th Middlesex1/28/2023Lindsay N. Sabadosa1st Hampshire1/30/2023David Henry Argosky LeBoeuf17th Worcester1/30/2023William J. Driscoll, Jr.7th Norfolk1/30/2023Sally P. Kerans13th Essex2/1/2023Kay Khan11th Middlesex2/1/2023Tram T. Nguyen18th Essex2/1/2023Vanna Howard17th Middlesex2/2/2023Thomas M. Stanley9th Middlesex2/2/2023Michael P. Kushmerek3rd Worcester2/2/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/2/2023Carmine Lawrence Gentile13th Middlesex2/2/2023Kevin G. Honan17th Suffolk2/2/2023 2 of 2
16	16	Susannah M. Whipps2nd Franklin2/3/2023Bud L. Williams11th Hampden2/6/2023Adrian C. Madaro1st Suffolk2/6/2023Carol A. Doherty3rd Bristol2/6/2023Patricia A. Duffy5th Hampden2/8/2023Samantha Montaño15th Suffolk2/8/2023David Allen Robertson19th Middlesex2/8/2023Joan Meschino3rd Plymouth2/8/2023Mark J. Cusack5th Norfolk2/9/2023Alan Silvia7th Bristol2/10/2023Colleen M. Garry36th Middlesex2/13/2023Jessica Ann Giannino16th Suffolk2/14/2023Jay D. Livingstone8th Suffolk2/14/2023James B. EldridgeMiddlesex and Worcester2/19/2023Erika Uyterhoeven27th Middlesex2/22/2023Carlos González10th Hampden2/22/2023Mindy Domb3rd Hampshire2/22/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/28/2023Simon Cataldo14th Middlesex2/28/2023Rob Consalvo14th Suffolk3/1/2023Paul R. FeeneyBristol and Norfolk3/5/2023Dylan A. FernandesBarnstable, Dukes and Nantucket3/6/2023Brian W. Murray10th Worcester3/7/2023Michelle L. Ciccolo15th Middlesex3/8/2023Bruce J. Ayers1st Norfolk3/9/2023Russell E. Holmes6th Suffolk3/10/2023Rodney M. Elliott16th Middlesex3/11/2023Natalie M. Higgins4th Worcester3/12/2023Christopher Richard Flanagan1st Barnstable3/14/2023Michael D. BradySecond Plymouth and Norfolk3/14/2023Danillo A. Sena37th Middlesex3/14/2023 1 of 5
17	17	HOUSE DOCKET, NO. 4039 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1940
19	19	By Representatives Rogers of Cambridge and Barber of Somerville, a petition (accompanied by
20	20	bill, House, No. 1940) of David M. Rogers, Christine P. Barber and others relative to the
21	21	publishing of aggregate wage data reports. Labor and Workforce Development.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to transparency in the workplace.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 23 of the General Laws is hereby amended by inserting
31	31	2after section 25 the following section:-
32	32	3 Section 26. (a) As used in this section, the following words, unless the context clearly
33	33	4requires otherwise, shall have the following meanings:
34	34	5 “Aggregate wage data report,” shall mean an industry-based wage data report reflecting
35	35	6aggregate data from annual wage data reports, provided by the Secretary of State, pursuant to
36	36	7chapter 149 section 105E(c), separated by the following industries:
37	37	8 1. Agriculture, Forestry, Fishing and Hunting
38	38	9 2. Mining
39	39	10 3. Utilities 2 of 5
40	40	11 4. Construction
41	41	12 5. Manufacturing
42	42	13 6. Wholesale Trade
43	43	14 7. Retail Trade
44	44	15 8. Transportation and Warehousing
45	45	16 9. Information
46	46	17 10. Finance and Insurance
47	47	18 11. Real Estate Rental and Leasing
48	48	19 12. Professional, Scientific, and Technical Services
49	49	20 13. Management of Companies and Enterprises
50	50	21 14. Administrative Support and Waste Management and Remediation
51	51	22Services
52	52	23 15. Education Services
53	53	24 16. Health Care and Social Assistance
54	54	25 17. Arts, Entertainment, and Recreation
55	55	26 18. Accommodation and Food Services
56	56	27 19. Government
57	57	28 20. Other Services 3 of 5
58	58	29 (b) No later than June 1st beginning calendar year 2024, the executive office of labor and
59	59	30workforce development shall publish aggregate wage data reports on the executive office of
60	60	31labor and workforce development website, provided however that the report on aggregate wage
61	61	32data for government employers will be published only in years when employers are required to
62	62	33file an EEO-4 data report.
63	63	34 SECTION 2. Section 1 of chapter 149 of the General Laws is hereby amended by
64	64	35striking out “one hundred and five C”, in line 40, and inserting in place thereof the following:-
65	65	36 one hundred and five E
66	66	37 SECTION 3. Said chapter 149, as so appearing, is hereby further amended by
67	67	38inserting after section 105D the following section:-
68	68	39 Section 105E (a) As used in this section, the following words, unless the context clearly
69	69	40requires otherwise, shall have the following meanings:
70	70	41 “Covered Employer,” shall mean a private and nonprofit entity employing 100 or more
71	71	42full-time employees in Massachusetts any time during the prior calendar year subject to the filing
72	72	43requirements of the EEO-1 data report; the Governor of the Commonwealth of Massachusetts;
73	73	44and mayors and town administrators with 100 or more full-time employees any time during the
74	74	45prior calendar year subject to the filing requirements of the EEO-4 data report.
75	75	46 “EEO-1 data report” shall be a completed copy of all required components of the
76	76	47employer’s Employer Information Report, otherwise known as an EEO-1 Report, as issued by
77	77	48the U.S. Equal Employment Opportunity Commission, including any successor report containing 4 of 5
78	78	49the same or substantially similar workforce demographic and pay data by race, gender identity
79	79	50and employment category.
80	80	51 “EEO-4 data report” shall be a completed copy of the State and Local Governmental
81	81	52Information Report, otherwise known as an EEO-4 report, as issued by the U.S. Equal
82	82	53Employment Opportunity Commission, including any successor report containing the same or
83	83	54substantially similar workforce demographic and pay data by race, gender identity and
84	84	55employment category.
85	85	56 “Secretary” shall mean the State secretary under chapter 9.
86	86	57 “Wage data report” shall be an EEO-1 or an EEO-4 data report.
87	87	58 (b)(1) Beginning in 2024 and for each year thereafter, a covered employer subject to
88	88	59EEO-1 filing requirements shall submit the EEO-1 data report to the secretary covering the prior
89	89	60calendar year as a supplement to their annual report, due to be filed at the same time as their
90	90	61annual report.
91	91	62 (b)(2) Beginning in 2025 and each odd-numbered year thereafter, a covered employer
92	92	63subject to EEO-4 filing requirements shall submit the EEO-4 data report to the secretary
93	93	64covering the prior two calendar years.
94	94	65 (c) The secretary shall provide to the executive office of labor and workforce
95	95	66development the wage data reports of each covered employer for the prior calendar year no later
96	96	67than April 1st of each calendar year beginning in 2024. The secretary may establish a web portal
97	97	68or online form to facilitate the submission of the wage data reports. 5 of 5
98	98	69 (d) Except for the publishing of reports by the executive office of labor and workforce
99	99	70development on the department's website as directed in this section, aggregate wage data reports
100	100	71shall not be considered “public records”: as defined by chapter 4 section 7 clause 26 and shall
101	101	72not be subject to chapter 66 nor chapter 66A of the General Laws.
102	102	73 (e) The Attorney General shall enforce this section and may obtain injunctive or
103	103	74declaratory relief for this purpose. Any covered employer who violates this section, including
104	104	75failure to disclose a good-faith pay range, shall be punished by a warning for the first offense and
105	105	76not more than $500 for the second offense. For a third or subsequent offense, violation of this
106	106	77section shall be subject to section 27C(b)(1) and (2) of chapter 149. No violation of this section
107	107	78shall be construed to carry treble damages in chapter 149 section 150.