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HOUSE . . . . . . . . . . . . . . No. 4890
The Commonwealth of Massachusetts
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The committee of conference on the disagreeing votes of the two branches with reference
to the Senate amendment (striking out all after the enacting clause and inserting in place thereof
the text contained in Senate document numbered 2484) of the House Bill relative to salary range
transparency (House, No. 4109), reports recommending passage of the accompanying bill
(House, No. 4890). July 19, 2024.
Danielle W. Gregoire Patricial D. Jehlen
Brandy Fluker Oakley Paul R. Feeney
Hannah Kane Patrick M. O’Connor
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FILED ON: 7/19/2024
HOUSE . . . . . . . . . . . . . . . No. 4890
The Commonwealth of Massachusetts
_______________
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:
SECTION 1. Chapter 9 of the General Laws is hereby amended by adding the following 1
section:- 2
Section 32. (a) As used in this section, the words, “covered employer”, “EEO-1 data 3
report”, “EEO-3 data report”, “EEO-4 data report”, “EEO-5 data report” and “wage data report” 4
shall have the same meanings as defined in section 105E of chapter 149, unless the context 5
clearly requires otherwise. 6
(b)(1) Annually, not later than April 1, the state secretary shall provide to the executive 7
office of labor and workforce development the EEO-1 data reports submitted by covered 8
employers. 9
(2) Not later than April 1 of each odd-numbered year, the state secretary shall provide to 10
the executive office of labor and workforce development the EEO-3 data reports and EEO-5 data 11
reports submitted by covered employers. 12 3 of 12
(3) Not later than April 1 of each even-numbered year, the state secretary shall provide to 13
the executive office of labor and workforce development the EEO-4 data reports submitted by 14
covered employers. 15
(c) (1) The state secretary shall accept wage data reports filed by covered employers 16
subject to the filing requirements of an EEO-1 data report, EEO-3 data report, EEO-4 data report 17
or EEO-5 data report through the least restrictive means available, including, but not limited to, 18
web portals, email submissions or paper forms. 19
(2) The state secretary may establish a web portal, sample email submission or paper 20
form to facilitate the submission of the wage data reports by covered employers. 21
(d) Wage data reports in the custody of the state secretary shall not be considered “public 22
records” as defined by clause Twenty-sixth of section 7 of chapter 4 and shall not be subject to 23
chapter 66 or chapter 66A. 24
SECTION 2. Chapter 23 of the General Laws is hereby amended by adding the following 25
section:- 26
Section 27. (a) As used in this section, the following words shall have the following 27
meanings unless the context clearly requires otherwise: 28
“Aggregate wage and workforce data report”, a report reflecting aggregate data from 29
wage data reports, collected from covered employers pursuant to subsection (c) of section 32 of 30
chapter 9 and provided to the executive office of labor and workforce development by the state 31
secretary pursuant to subsection (b) of said section 32 of said chapter 9; provided, however, that 32 4 of 12
an “aggregate wage and workforce data report” shall be separated by the following industries 33
consistent with the North American Industry Classification System: 34
(i) agriculture, forestry, fishing and hunting; 35
(ii) mining; 36
(iii) utilities; 37
(iv) construction; 38
(v) manufacturing; 39
(vi) wholesale trade; 40
(vii) retail trade; 41
(viii) transportation and warehousing; 42
(ix) information; 43
(x) finance and insurance; 44
(xi) real estate rental and leasing; 45
(xii) professional, scientific and technical services; 46
(xiii) management of companies and enterprises; 47
(xiv) administrative support and waste management and remediation services; 48
(xv) education services; 49
(xvi) health care and social assistance; 50 5 of 12
(xvii) arts, entertainment and recreation; 51
(xviii) accommodation and food services; 52
(xix) public administration; and 53
(xx) other services. 54
“EEO-1 data report”, as defined in section 105E of chapter 149. 55
“EEO-3 data report”, as defined in section 105E of chapter 149. 56
“EEO-4 data report”, as defined in section 105E of chapter 149. 57
“EEO-5 data report”, as defined in section 105E of chapter 149. 58
“Wage data report”, as defined in section 105E of chapter 149. 59
(b) The executive office of labor and workforce development shall publish on its website 60
aggregate wage data reports consisting of data received pursuant to subsection (c) of section 61
105E of chapter 149 as follows: 62
(i) annually, not later than July 1, an aggregate wage and workforce data report consisting 63
of data from all EEO-1 data reports; 64
(ii) every odd-numbered calendar year, not later than July 1, an aggregate wage and 65
workforce data report consisting of data from all EEO-3 data reports and EEO-5 data reports; 66
and 67
(iii) every even-numbered calendar year, not later than July 1, an aggregate wage and 68
workforce data report consisting of data from all EEO-4 data reports. 69 6 of 12
SECTION 3. Section 5 of chapter 32 of the General Laws, as appearing in the 2022 70
Official Edition, is hereby amended by inserting after the word “law”, in line 211, the following 71
words:- , from a bona-fide increase in salary related to eliminating wage differentials as required 72
pursuant to section 105A of chapter 149 or from an employer’s systemic wage adjustments. 73
SECTION 4. Section 91 of said chapter 32, as so appearing, is hereby amended by 74
inserting after the word “terminated”, in line 100, the following words:- or the salary upon which 75
the retirement allowance is based, whichever is greater,. 76
SECTION 5. Section 1 of chapter 149 of the General Laws, as so appearing, is hereby 77
amended by striking out, in lines 31 and 32, the words “one hundred and five A to one hundred 78
and five C, inclusive” and inserting in place thereof the following words:- 105A to 105C, 79
inclusive, 105E and 105F. 80
SECTION 6. Said section 1 of said chapter 149, as so appearing, is hereby further 81
amended by striking out, in lines 39 and 40, the words “one hundred and five A to one hundred 82
and five C, inclusive” and inserting in place thereof the following words:- 105A to 105C, 83
inclusive, 105E and 105F. 84
SECTION 7. Said chapter 149 is hereby further amended by inserting after section 105D 85
the following 2 sections:- 86
Section 105E. (a) As used in this section, the following words shall have the following 87
meanings unless the context clearly requires otherwise: 88 7 of 12
“Covered employer”, an employer: (i) with not less than 100 employees in the 89
commonwealth at any time during the prior calendar year; and (ii) subject to the federal filing 90
requirements of a wage data report. 91
“EEO-1 data report”, a completed copy of all required components of an employer’s 92
Employer Information Report, as issued by the U.S. Equal Employment Opportunity 93
Commission, including any successor report containing the same or substantially similar 94
workforce demographic and pay data categorized by race, ethnicity, sex and job category. 95
“EEO-3 data report”, a completed copy of all required components of a local union’s 96
Local Union Report, as issued by the U.S. Equal Employment Opportunity Commission, 97
including any successor report containing the same or substantially similar workforce 98
demographic and pay data categorized by race, ethnicity, sex and job category. 99
“EEO-4 data report”, a completed copy of a State and Local Governmental Information 100
Report, as issued by the U.S. Equal Employment Opportunity Commission, including any 101
successor report containing the same or substantially similar workforce demographic and pay 102
data categorized by race, ethnicity, sex and job category. 103
“EEO-5 data report”, a completed copy of an Elementary-Secondary Staff Information 104
Report, as issued by the U.S. Equal Employment Opportunity Commission, including any 105
successor report containing the same or substantially similar workforce demographic and pay 106
data categorized by race, ethnicity, sex and job category. 107
“State secretary”, as defined in chapter 9. 108
“Wage data report”, an EEO-1, EEO-3, EEO-4 or EEO-5 data report. 109 8 of 12
(b)(1) Annually, not later than February 1, a covered employer, subject to EEO-1 data 110
report filing requirements, shall submit to the state secretary a copy of its EEO-1 data report for 111
the prior year pursuant to section 32 of chapter 9. 112
(2) In each odd-numbered year, not later than February 1, a covered employer, subject to 113
federal EEO-3 data report or EEO-5 data report filing requirements, shall submit to the state 114
secretary a copy of its EEO-3 data report or EEO-5 data report, as applicable, covering the most 115
recent filing period pursuant to section 32 of chapter 9. 116
(3) In each even-numbered year, not later than February 1, a covered employer, subject to 117
federal EEO-4 data report filing requirements, shall submit to the state secretary a copy of its 118
EEO-4 data report covering the most recent filing period pursuant to section 32 of chapter 9. 119
(c) Annually, not later than April 1, the state secretary shall submit to the executive office 120
of labor and workforce development the wage data reports submitted by covered employers 121
pursuant to section 32 of chapter 9. 122
(d) Wage data reports in the custody of the secretary of labor and workforce development 123
shall not be considered “public records” as defined by clause Twenty-sixth of section 7 of 124
chapter 4 and shall not be subject to chapter 66 or chapter 66A; provided, however, that the 125
publishing of aggregate wage and workforce data reports, as defined in section 27 of chapter 23, 126
by the executive office of labor and workforce development on its website pursuant to said 127
section 27 of said chapter 23 shall be considered public records as defined by said clause 128
Twenty-sixth of said section 7 of said chapter 4. 129
(e)(1) The attorney general shall have the exclusive jurisdiction to enforce this section 130
and may obtain injunctive or declaratory relief for this purpose. Any covered employer who 131 9 of 12
violates this section shall be punished by a warning for the first offense, by a fine of not more 132
than $500 for the second offense and by a fine of not more than $1,000 for the third offense. A 133
fourth or subsequent offense shall be subject to paragraphs (1) and (2) of subsection (b) of 134
section 27C. 135
(2) No violation of this section shall be construed to carry treble damages pursuant to 136
section 150. 137
Section 105F. (a) As used in this section, the following words shall have the following 138
meanings unless the context clearly requires otherwise: 139
“Covered employer”, any employer, public or private, that employs 25 or more 140
employees in the commonwealth. 141
“Pay range”, the annual salary range or hourly wage range that the covered employer 142
reasonably and in good faith expects to pay for such position at that time. 143
“Posting”, any advertisement or job posting intended to recruit job applicants for a 144
particular and specific employment position, including, but not limited to, recruitment done 145
directly by a covered employer or indirectly through a third party. 146
(b) A covered employer, or its agent, shall disclose the pay range for a particular and 147
specific employment position in the posting of the position. 148
(c) A covered employer, or its agent, shall provide the pay range for a particular and 149
specific employment position to an employee who is offered a promotion, or transfer, to a new 150
position with different job responsibilities. 151 10 of 12
(d) A covered employer, or its agent, shall provide the pay range for a particular and 152
specific employment position to an employee holding such position, or to an applicant for such 153
position, upon request. 154
(e) It shall be unlawful for a covered employer to discharge or in any other manner 155
retaliate or discriminate against any employee or applicant because the employee or applicant 156
has: (i) taken action to enforce their rights pursuant to this section; (ii) made any complaint to 157
their employer, an agent of their employer or the attorney general regarding an alleged violation 158
of this section; (iii) instituted, or caused to be instituted, any proceeding under this section; or 159
(iv) testified or is about to testify in any such proceeding. 160
(f)(1) The attorney general shall have the exclusive jurisdiction to enforce subsections (b) 161
to (d), inclusive, and may obtain injunctive or declaratory relief for this purpose. Any covered 162
employer who violates this section shall be punished by a warning for the first offense, by a fine 163
of not more than $500 for the second offense and by a fine of not more than $1,000 for the third 164
offense. A fourth or subsequent offense shall be subject to paragraphs (1) and (2) of subsection 165
(b) of section 27C. 166
(2) For enforcement pursuant to paragraph (1), an offense shall include 1 or more job 167
postings for positions made by the same employer during a 48-hour period. 168
(3) No violation of this section shall be construed to carry treble damages pursuant to 169
section 150. 170
SECTION 8. Not later than 6 months after the effective date of this act, the attorney 171
general shall conduct a public awareness campaign to provide information to covered employers 172
regarding the requirements of sections 105E and 105F of chapter 149 of the General Laws, 173 11 of 12
which shall include, but not be limited to, making information available on the attorney general’s 174
website and otherwise informing covered employers of said sections 105E and 105F of said 175
chapter 149. 176
SECTION 9. (a)(1) Not later than April 1, 2025, the state secretary shall provide the 177
executive office of labor and workforce development with initial EEO-1, EEO-3 and EEO-5 data 178
reports pursuant to paragraphs (1) and (2) of subsection (b) of section 32 of chapter 9 of the 179
General Laws. 180
(2) Not later than April 1, 2026, the state secretary shall provide the executive office of 181
labor and workforce development with initial EEO-4 data reports pursuant to paragraph (3) of 182
subsection (b) of section 32 of chapter 9 of the General Laws. 183
(b)(1) Not later than June 1, 2025, the executive office of labor and workforce 184
development shall publish the first aggregate wage and workforce data reports pursuant to 185
clauses (i) and (ii) of subsection (b) of section 27 of chapter 23 of the General Laws. 186
(2) Not later than June 1, 2026, the executive office of labor and workforce development 187
shall publish the first aggregate wage and workforce data report pursuant to clause (iii) of 188
subsection (b) of section 27 of chapter 23 of the General Laws. 189
(c)(1) Not later than February 1, 2025, covered employers subject to EEO-1, EEO-3 and 190
EEO-5 data report requirements shall submit the first reports to the state secretary pursuant to 191
paragraphs (1) and (2) of subsection (b) of section 105E of chapter 149 of the General Laws. 192 12 of 12
(2) Not later than February 1, 2026, covered employers subject to EEO-4 data report 193
requirements shall submit the first report to the state secretary pursuant to paragraph (3) of 194
subsection (b) of section 105E of chapter 149 of the General Laws. 195
SECTION 10. For the first 2 years after the effective date of sections 105E and 105F of 196
chapter 149 of the General Laws, a covered employer shall have 2 business days after notice of a 197
violation to cure any defect before a fine is imposed. 198
SECTION 11. Anyone who had their earnings capacity calculated under section 91 of 199
chapter 32 of the General Laws using the salary upon which their retirement allowance was 200
based prior to the effective date of this act shall not have their earnings capacity recalculated. 201
SECTION 12. Section 3 shall take effect July 1, 2018. 202
SECTION 13. Section 105F of chapter 149 of the General Laws, as inserted by section 7, 203
shall take effect 1 year after the effective date of this act. 204