Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4100 Compare Versions

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

Old	New	Differences
1	1	HOUSE . . . . . . . . No. 4100
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES , September 25, 2023.
5	5	The committee on Labor and Workforce Development to whom was
6	6	referred the petition (accompanied by bill, Senate, No. 1181) of Paul R.
7	7	Feeney, Liz Miranda, Jacob R. Oliveira, Patrick M. O'Connor and other
8	8	members of the Senate for legislation relative to transparency in the
9	9	workplace, the petition (accompanied by bill, Senate, No. 1191) of Patricia
10	10	D. Jehlen, Patrick M. O'Connor, Rebecca L. Rausch, Michael J. Barrett
11	11	and other members of the Senate for legislation relative to wage
12	12	transparency, the petition (accompanied by bill, House, No. 1849) of Josh
13	13	S. Cutler, Brandy Fluker Oakley and others relative to salary range
14	14	transparency by certain employers and the petition (accompanied by bill,
15	15	House, No. 1940) of David M. Rogers, Christine P. Barber and others
16	16	relative to the publishing of aggregate wage data reports, reports
17	17	recommending that the accompanying bill (House, No. 4100) ought to
18	18	pass.
19	19	For the committee,
20	20	JOSH S. CUTLER. 1 of 7
21	21	FILED ON: 9/22/2023
22	22	HOUSE . . . . . . . . . . . . . . . No. 4100
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to salary range transparency.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. This act shall be known as The Frances Perkins Workplace Equity Act
32	32	2 SECTION 2. Chapter 23 of the General Laws is hereby amended by inserting after
33	33	3section 26 the following section:-
34	34	4 Section 27. (a) As used in this section, the following words, unless the context clearly
35	35	5requires otherwise, shall have the following meanings:
36	36	6 “Aggregate wage data report,” shall mean an industry-based wage data report reflecting
37	37	7aggregate data from annual wage data reports, provided by the Secretary of State, pursuant to
38	38	8chapter 149 section 105E(c), separated by the following industries:
39	39	9 1. Agriculture, Forestry, Fishing and Hunting
40	40	10 2. Mining
41	41	11 3. Utilities 2 of 7
42	42	12 4. Construction
43	43	13 5. Manufacturing
44	44	14 6. Wholesale Trade
45	45	15 7. Retail Trade
46	46	16 8. Transportation and Warehousing
47	47	17 9. Information
48	48	18 10. Finance and Insurance
49	49	19 11. Real Estate Rental and Leasing
50	50	20 12. Professional, Scientific, and Technical Services
51	51	21 13. Management of Companies and Enterprises
52	52	22 14. Administrative Support and Waste Management and Remediation
53	53	23Services
54	54	24 15. Education Services
55	55	25 16. Health Care and Social Assistance
56	56	26 17. Arts, Entertainment, and Recreation
57	57	27 18. Accommodation and Food Services
58	58	28 19. Public Administration
59	59	29 20. Other Services 3 of 7
60	60	30 (b) No later than June 1st beginning calendar year 2024, the executive office of labor and
61	61	31workforce development shall publish aggregate wage data reports on the executive office of
62	62	32labor and workforce development website, provided however that aggregate wage data reports
63	63	33for covered employers subject to the filing requirements of an EEO-3, EEO-4 or EEO-5 data
64	64	34report will be published every other year.
65	65	35 SECTION 3. The eleventh paragraph of Section 1 of Chapter 149 of the General Laws is
66	66	36hereby amended by striking out the words “to one hundred and five C” and inserting the words “,
67	67	37one hundred and five C, one hundred and five E, and one hundred and five F”. The twelfth
68	68	38paragraph of Section 1 of Chapter 149 of the General Laws is hereby amended by striking out
69	69	39the words “to one hundred and five C” and inserting the words “, one hundred and five C, one
70	70	40hundred and five E, and one hundred and five F”.
71	71	41 SECTION 4. Said chapter 149, as so appearing, is hereby further amended by inserting
72	72	42after section 105D the following section:-
73	73	43 Section 105E (a) As used in this section, the following words, unless the context clearly
74	74	44requires otherwise, shall have the following meanings:
75	75	45 “Covered Employer,” shall mean an employer with 100 or more full-time employees in
76	76	46Massachusetts any time during the prior calendar year subject to the filing requirements of the
77	77	47EEO-1 data report; subject to the filing requirements of the EEO-3 data report; subject to the
78	78	48filing requirements of the EEO-4 data report; or subject to the filing requirements of the EEO-5
79	79	49data report.
80	80	50 “EEO-1 data report” shall be a completed copy of all required components of the
81	81	51employer’s Employer Information Report, otherwise known as an EEO-1 Report, as issued by 4 of 7
82	82	52the U.S. Equal Employment Opportunity Commission, including any successor report containing
83	83	53the same or substantially similar workforce demographic and pay data by race, gender identity
84	84	54and employment category.
85	85	55 “EEO-3 data report” shall be a completed copy of all required components of the local
86	86	56union’s Local Union Report, otherwise known as an EEO-3 Report, as issued by the U.S. Equal
87	87	57Employment Opportunity Commission, including any successor report containing the same or
88	88	58substantially similar workforce demographic and pay data by race, gender identity and
89	89	59employment category.
90	90	60 “EEO-4 data report” shall be a completed copy of the State and Local Governmental
91	91	61Information Report, otherwise known as an EEO-4 report, as issued by the U.S. Equal
92	92	62Employment Opportunity Commission, including any successor report containing the same or
93	93	63substantially similar workforce demographic and pay data by race, gender identity and
94	94	64employment category.
95	95	65 “EEO-5 data report” shall be a completed copy of the Elementary-Secondary Staff
96	96	66Information Report, otherwise known as an EEO-5 report, as issued by the U.S. Equal
97	97	67Employment Opportunity Commission, including any successor report containing the same or
98	98	68substantially similar workforce demographic and pay data by race, gender identity and
99	99	69employment category.
100	100	70 “Secretary” shall mean the State secretary under chapter 9.
101	101	71 “Wage data report” shall be an EEO-1, EEO-3, EEO-4 or EEO-5 data report. 5 of 7
102	102	72 (b)(1) Beginning in 2024 and for each year thereafter, a covered employer subject to
103	103	73EEO-1 filing requirements shall submit the EEO-1 data report to the secretary covering the prior
104	104	74calendar year as a supplement to their annual report, due to be filed at the same time as their
105	105	75annual report.
106	106	76 (b)(2) Beginning in 2024 and each even-numbered year thereafter, a covered employer
107	107	77subject to EEO-3 or EEO-5 filing requirements shall submit the EEO-3 data report or EEO-5
108	108	78data report, as applicable, to the secretary covering the prior two calendar years.
109	109	79 (b)(3) Beginning in 2025 and each odd-numbered year thereafter, a covered employer
110	110	80subject to EEO-4 filing requirements shall submit the EEO-4 data report to the secretary
111	111	81covering the prior two calendar years.
112	112	82 (c) The secretary shall provide to the executive office of labor and workforce
113	113	83development the wage data reports of each covered employer for the prior calendar year no later
114	114	84than April 1st of each calendar year beginning in 2024. The secretary may establish a web portal
115	115	85or online form to facilitate the submission of the wage data reports. The state secretary shall
116	116	86accept reports filed by covered employers subject to the filing requirements of an EEO-3, EEO-4
117	117	87or EEO-5 through the least restrictive means, and reports by these employers may be submitted
118	118	88through a web portal established by the secretary for submission, through email submission, or in
119	119	89paper form from the employer.
120	120	90 (d) Except for the publishing of aggregate reports by the executive office of labor and
121	121	91workforce development on the department's website as directed in this section, wage data reports
122	122	92in the custody of the secretary of state or the secretary of labor and workforce development shall 6 of 7
123	123	93not be considered “public records” as defined by chapter 4 section 7 clause 26 and shall not be
124	124	94subject to chapter 66 nor chapter 66A of the General Laws.
125	125	95 SECTION 5. Said chapter 149, as so appearing is hereby further amended by inserting
126	126	96after section 105E the following section:-
127	127	97 Section 105F. (a) As used in this section, the following words shall have the following
128	128	98meanings:
129	129	99 “covered employer” shall mean any employer, public or private, that employs 25 or more
130	130	100employees in Massachusetts.
131	131	101 “pay range” shall mean the annual salary range or hourly wage range that the employer
132	132	102reasonably and in good faith expects to pay for such position at that time.
133	133	103 “posting” shall mean any advertisement or job posting intended to recruit job applicants
134	134	104for a particular and specific employment position, including recruitment done directly by an
135	135	105employer or indirectly through a third party.
136	136	106 (b) A covered employer, or agent of said employer, shall disclose the pay range for a
137	137	107particular and specific employment position within the advertising or posting of the position.
138	138	108 (c) A covered employer, or agent of said employer, shall provide the pay range for a
139	139	109particular and specific employment position to an employee offered a promotion, or transfer, to a
140	140	110new position with different job responsibilities.
141	141	111 (d) A covered employer, or agent of said employer, shall provide the pay range for a
142	142	112particular and specific employment position to an employee holding such position, or to an
143	143	113applicant for such position, upon request. 7 of 7
144	144	114 (e) It shall be an unlawful practice for any employer to discharge or in any other manner
145	145	115retaliate or discriminate against any employee or applicant because such employee or applicant
146	146	116has opposed any act or practice made unlawful by this section, or has made any complaint to
147	147	117their employer, an agent of the employer, or the attorney general, or instituted, or caused to be
148	148	118instituted, any proceeding under this section, or has testified or is about to testify in any such
149	149	119proceeding.
150	150	120 (f) The Attorney General shall exclusively enforce section 105E of Chapter 149 and
151	151	121subsections (b) through (d) of this section and may obtain injunctive or declaratory relief for this
152	152	122purpose. Any covered employer who violates this section shall be punished by a warning for the
153	153	123first offense, not more than $500 for the second offense, and not more than $1000 for a third
154	154	124offense. For a fourth or subsequent offense, violation of this section shall be subject to section
155	155	12527C(b)(1) and (2) of chapter 149. No violation of this section shall be construed to carry treble
156	156	126damages in section 150 of chapter 149.
157	157	127 SECTION 6. The Attorney General shall conduct a public awareness outreach campaign,
158	158	128which shall include, but not be limited to, making information available on its website and
159	159	129otherwise informing employers of the provisions of this section.
160	160	130 SECTION 7. Sections 5 and 6 shall take effect 6 months after the effective date of this
161	161	131act.