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HOUSE DOCKET, NO. 4039 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1940
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
David M. Rogers and Christine P. Barber
_________________
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 transparency in the workplace.
_______________
PETITION OF:
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
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
HOUSE DOCKET, NO. 4039 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1940
By Representatives Rogers of Cambridge and Barber of Somerville, a petition (accompanied by
bill, House, No. 1940) of David M. Rogers, Christine P. Barber and others relative to the
publishing of aggregate wage data reports. Labor and Workforce Development.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to transparency in the workplace.
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 23 of the General Laws is hereby amended by inserting
2after section 25 the following section:-
3 Section 26. (a) As used in this section, the following words, unless the context clearly
4requires otherwise, shall have the following meanings:
5 “Aggregate wage data report,” shall mean an industry-based wage data report reflecting
6aggregate data from annual wage data reports, provided by the Secretary of State, pursuant to
7chapter 149 section 105E(c), separated by the following industries:
8 1. Agriculture, Forestry, Fishing and Hunting
9 2. Mining
10 3. Utilities 2 of 5
11 4. Construction
12 5. Manufacturing
13 6. Wholesale Trade
14 7. Retail Trade
15 8. Transportation and Warehousing
16 9. Information
17 10. Finance and Insurance
18 11. Real Estate Rental and Leasing
19 12. Professional, Scientific, and Technical Services
20 13. Management of Companies and Enterprises
21 14. Administrative Support and Waste Management and Remediation
22Services
23 15. Education Services
24 16. Health Care and Social Assistance
25 17. Arts, Entertainment, and Recreation
26 18. Accommodation and Food Services
27 19. Government
28 20. Other Services 3 of 5
29 (b) No later than June 1st beginning calendar year 2024, the executive office of labor and
30workforce development shall publish aggregate wage data reports on the executive office of
31labor and workforce development website, provided however that the report on aggregate wage
32data for government employers will be published only in years when employers are required to
33file an EEO-4 data report.
34 SECTION 2. Section 1 of chapter 149 of the General Laws is hereby amended by
35striking out “one hundred and five C”, in line 40, and inserting in place thereof the following:-
36 one hundred and five E
37 SECTION 3. Said chapter 149, as so appearing, is hereby further amended by
38inserting after section 105D the following section:-
39 Section 105E (a) As used in this section, the following words, unless the context clearly
40requires otherwise, shall have the following meanings:
41 “Covered Employer,” shall mean a private and nonprofit entity employing 100 or more
42full-time employees in Massachusetts any time during the prior calendar year subject to the filing
43requirements of the EEO-1 data report; the Governor of the Commonwealth of Massachusetts;
44and mayors and town administrators with 100 or more full-time employees any time during the
45prior calendar year subject to the filing requirements of the EEO-4 data report.
46 “EEO-1 data report” shall be a completed copy of all required components of the
47employer’s Employer Information Report, otherwise known as an EEO-1 Report, as issued by
48the U.S. Equal Employment Opportunity Commission, including any successor report containing 4 of 5
49the same or substantially similar workforce demographic and pay data by race, gender identity
50and employment category.
51 “EEO-4 data report” shall be a completed copy of the State and Local Governmental
52Information Report, otherwise known as an EEO-4 report, as issued by the U.S. Equal
53Employment Opportunity Commission, including any successor report containing the same or
54substantially similar workforce demographic and pay data by race, gender identity and
55employment category.
56 “Secretary” shall mean the State secretary under chapter 9.
57 “Wage data report” shall be an EEO-1 or an EEO-4 data report.
58 (b)(1) Beginning in 2024 and for each year thereafter, a covered employer subject to
59EEO-1 filing requirements shall submit the EEO-1 data report to the secretary covering the prior
60calendar year as a supplement to their annual report, due to be filed at the same time as their
61annual report.
62 (b)(2) Beginning in 2025 and each odd-numbered year thereafter, a covered employer
63subject to EEO-4 filing requirements shall submit the EEO-4 data report to the secretary
64covering the prior two calendar years.
65 (c) The secretary shall provide to the executive office of labor and workforce
66development the wage data reports of each covered employer for the prior calendar year no later
67than April 1st of each calendar year beginning in 2024. The secretary may establish a web portal
68or online form to facilitate the submission of the wage data reports. 5 of 5
69 (d) Except for the publishing of reports by the executive office of labor and workforce
70development on the department's website as directed in this section, aggregate wage data reports
71shall not be considered “public records”: as defined by chapter 4 section 7 clause 26 and shall
72not be subject to chapter 66 nor chapter 66A of the General Laws.
73 (e) The Attorney General shall enforce this section and may obtain injunctive or
74declaratory relief for this purpose. Any covered employer who violates this section, including
75failure to disclose a good-faith pay range, shall be punished by a warning for the first offense and
76not more than $500 for the second offense. For a third or subsequent offense, violation of this
77section shall be subject to section 27C(b)(1) and (2) of chapter 149. No violation of this section
78shall be construed to carry treble damages in chapter 149 section 150.