Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4890 Compare Versions

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

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2	2	HOUSE . . . . . . . . . . . . . . No. 4890
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4	4	The Commonwealth of Massachusetts
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6	6
7	7	_______________
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9	9	The committee of conference on the disagreeing votes of the two branches with reference
10	10	to the Senate amendment (striking out all after the enacting clause and inserting in place thereof
11	11	the text contained in Senate document numbered 2484) of the House Bill relative to salary range
12	12	transparency (House, No. 4109), reports recommending passage of the accompanying bill
13	13	(House, No. 4890). July 19, 2024.
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15	15
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18	18	Danielle W. Gregoire Patricial D. Jehlen
19	19	Brandy Fluker Oakley Paul R. Feeney
20	20	Hannah Kane Patrick M. O’Connor
21	21	2 of 12
22	22	FILED ON: 7/19/2024
23	23	HOUSE . . . . . . . . . . . . . . . No. 4890
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26	26	The Commonwealth of Massachusetts
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28	28	_______________
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30	30	In the One Hundred and Ninety-Third General Court
31	31	(2023-2024)
32	32	_______________
33	33
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35	35	An Act relative to salary range transparency.
36	36
37	37	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
38	38	of the same, as follows:
39	39
40	40	SECTION 1. Chapter 9 of the General Laws is hereby amended by adding the following 1
41	41	section:- 2
42	42	Section 32. (a) As used in this section, the words, “covered employer”, “EEO-1 data 3
43	43	report”, “EEO-3 data report”, “EEO-4 data report”, “EEO-5 data report” and “wage data report” 4
44	44	shall have the same meanings as defined in section 105E of chapter 149, unless the context 5
45	45	clearly requires otherwise. 6
46	46	(b)(1) Annually, not later than April 1, the state secretary shall provide to the executive 7
47	47	office of labor and workforce development the EEO-1 data reports submitted by covered 8
48	48	employers. 9
49	49	(2) Not later than April 1 of each odd-numbered year, the state secretary shall provide to 10
50	50	the executive office of labor and workforce development the EEO-3 data reports and EEO-5 data 11
51	51	reports submitted by covered employers. 12 3 of 12
52	52	(3) Not later than April 1 of each even-numbered year, the state secretary shall provide to 13
53	53	the executive office of labor and workforce development the EEO-4 data reports submitted by 14
54	54	covered employers. 15
55	55	(c) (1) The state secretary shall accept wage data reports filed by covered employers 16
56	56	subject to the filing requirements of an EEO-1 data report, EEO-3 data report, EEO-4 data report 17
57	57	or EEO-5 data report through the least restrictive means available, including, but not limited to, 18
58	58	web portals, email submissions or paper forms. 19
59	59	(2) The state secretary may establish a web portal, sample email submission or paper 20
60	60	form to facilitate the submission of the wage data reports by covered employers. 21
61	61	(d) Wage data reports in the custody of the state secretary shall not be considered “public 22
62	62	records” as defined by clause Twenty-sixth of section 7 of chapter 4 and shall not be subject to 23
63	63	chapter 66 or chapter 66A. 24
64	64	SECTION 2. Chapter 23 of the General Laws is hereby amended by adding the following 25
65	65	section:- 26
66	66	Section 27. (a) As used in this section, the following words shall have the following 27
67	67	meanings unless the context clearly requires otherwise: 28
68	68	“Aggregate wage and workforce data report”, a report reflecting aggregate data from 29
69	69	wage data reports, collected from covered employers pursuant to subsection (c) of section 32 of 30
70	70	chapter 9 and provided to the executive office of labor and workforce development by the state 31
71	71	secretary pursuant to subsection (b) of said section 32 of said chapter 9; provided, however, that 32 4 of 12
72	72	an “aggregate wage and workforce data report” shall be separated by the following industries 33
73	73	consistent with the North American Industry Classification System: 34
74	74	(i) agriculture, forestry, fishing and hunting; 35
75	75	(ii) mining; 36
76	76	(iii) utilities; 37
77	77	(iv) construction; 38
78	78	(v) manufacturing; 39
79	79	(vi) wholesale trade; 40
80	80	(vii) retail trade; 41
81	81	(viii) transportation and warehousing; 42
82	82	(ix) information; 43
83	83	(x) finance and insurance; 44
84	84	(xi) real estate rental and leasing; 45
85	85	(xii) professional, scientific and technical services; 46
86	86	(xiii) management of companies and enterprises; 47
87	87	(xiv) administrative support and waste management and remediation services; 48
88	88	(xv) education services; 49
89	89	(xvi) health care and social assistance; 50 5 of 12
90	90	(xvii) arts, entertainment and recreation; 51
91	91	(xviii) accommodation and food services; 52
92	92	(xix) public administration; and 53
93	93	(xx) other services. 54
94	94	“EEO-1 data report”, as defined in section 105E of chapter 149. 55
95	95	“EEO-3 data report”, as defined in section 105E of chapter 149. 56
96	96	“EEO-4 data report”, as defined in section 105E of chapter 149. 57
97	97	“EEO-5 data report”, as defined in section 105E of chapter 149. 58
98	98	“Wage data report”, as defined in section 105E of chapter 149. 59
99	99	(b) The executive office of labor and workforce development shall publish on its website 60
100	100	aggregate wage data reports consisting of data received pursuant to subsection (c) of section 61
101	101	105E of chapter 149 as follows: 62
102	102	(i) annually, not later than July 1, an aggregate wage and workforce data report consisting 63
103	103	of data from all EEO-1 data reports; 64
104	104	(ii) every odd-numbered calendar year, not later than July 1, an aggregate wage and 65
105	105	workforce data report consisting of data from all EEO-3 data reports and EEO-5 data reports; 66
106	106	and 67
107	107	(iii) every even-numbered calendar year, not later than July 1, an aggregate wage and 68
108	108	workforce data report consisting of data from all EEO-4 data reports. 69 6 of 12
109	109	SECTION 3. Section 5 of chapter 32 of the General Laws, as appearing in the 2022 70
110	110	Official Edition, is hereby amended by inserting after the word “law”, in line 211, the following 71
111	111	words:- , from a bona-fide increase in salary related to eliminating wage differentials as required 72
112	112	pursuant to section 105A of chapter 149 or from an employer’s systemic wage adjustments. 73
113	113	SECTION 4. Section 91 of said chapter 32, as so appearing, is hereby amended by 74
114	114	inserting after the word “terminated”, in line 100, the following words:- or the salary upon which 75
115	115	the retirement allowance is based, whichever is greater,. 76
116	116	SECTION 5. Section 1 of chapter 149 of the General Laws, as so appearing, is hereby 77
117	117	amended by striking out, in lines 31 and 32, the words “one hundred and five A to one hundred 78
118	118	and five C, inclusive” and inserting in place thereof the following words:- 105A to 105C, 79
119	119	inclusive, 105E and 105F. 80
120	120	SECTION 6. Said section 1 of said chapter 149, as so appearing, is hereby further 81
121	121	amended by striking out, in lines 39 and 40, the words “one hundred and five A to one hundred 82
122	122	and five C, inclusive” and inserting in place thereof the following words:- 105A to 105C, 83
123	123	inclusive, 105E and 105F. 84
124	124	SECTION 7. Said chapter 149 is hereby further amended by inserting after section 105D 85
125	125	the following 2 sections:- 86
126	126	Section 105E. (a) As used in this section, the following words shall have the following 87
127	127	meanings unless the context clearly requires otherwise: 88 7 of 12
128	128	“Covered employer”, an employer: (i) with not less than 100 employees in the 89
129	129	commonwealth at any time during the prior calendar year; and (ii) subject to the federal filing 90
130	130	requirements of a wage data report. 91
131	131	“EEO-1 data report”, a completed copy of all required components of an employer’s 92
132	132	Employer Information Report, as issued by the U.S. Equal Employment Opportunity 93
133	133	Commission, including any successor report containing the same or substantially similar 94
134	134	workforce demographic and pay data categorized by race, ethnicity, sex and job category. 95
135	135	“EEO-3 data report”, a completed copy of all required components of a local union’s 96
136	136	Local Union Report, as issued by the U.S. Equal Employment Opportunity Commission, 97
137	137	including any successor report containing the same or substantially similar workforce 98
138	138	demographic and pay data categorized by race, ethnicity, sex and job category. 99
139	139	“EEO-4 data report”, a completed copy of a State and Local Governmental Information 100
140	140	Report, as issued by the U.S. Equal Employment Opportunity Commission, including any 101
141	141	successor report containing the same or substantially similar workforce demographic and pay 102
142	142	data categorized by race, ethnicity, sex and job category. 103
143	143	“EEO-5 data report”, a completed copy of an Elementary-Secondary Staff Information 104
144	144	Report, as issued by the U.S. Equal Employment Opportunity Commission, including any 105
145	145	successor report containing the same or substantially similar workforce demographic and pay 106
146	146	data categorized by race, ethnicity, sex and job category. 107
147	147	“State secretary”, as defined in chapter 9. 108
148	148	“Wage data report”, an EEO-1, EEO-3, EEO-4 or EEO-5 data report. 109 8 of 12
149	149	(b)(1) Annually, not later than February 1, a covered employer, subject to EEO-1 data 110
150	150	report filing requirements, shall submit to the state secretary a copy of its EEO-1 data report for 111
151	151	the prior year pursuant to section 32 of chapter 9. 112
152	152	(2) In each odd-numbered year, not later than February 1, a covered employer, subject to 113
153	153	federal EEO-3 data report or EEO-5 data report filing requirements, shall submit to the state 114
154	154	secretary a copy of its EEO-3 data report or EEO-5 data report, as applicable, covering the most 115
155	155	recent filing period pursuant to section 32 of chapter 9. 116
156	156	(3) In each even-numbered year, not later than February 1, a covered employer, subject to 117
157	157	federal EEO-4 data report filing requirements, shall submit to the state secretary a copy of its 118
158	158	EEO-4 data report covering the most recent filing period pursuant to section 32 of chapter 9. 119
159	159	(c) Annually, not later than April 1, the state secretary shall submit to the executive office 120
160	160	of labor and workforce development the wage data reports submitted by covered employers 121
161	161	pursuant to section 32 of chapter 9. 122
162	162	(d) Wage data reports in the custody of the secretary of labor and workforce development 123
163	163	shall not be considered “public records” as defined by clause Twenty-sixth of section 7 of 124
164	164	chapter 4 and shall not be subject to chapter 66 or chapter 66A; provided, however, that the 125
165	165	publishing of aggregate wage and workforce data reports, as defined in section 27 of chapter 23, 126
166	166	by the executive office of labor and workforce development on its website pursuant to said 127
167	167	section 27 of said chapter 23 shall be considered public records as defined by said clause 128
168	168	Twenty-sixth of said section 7 of said chapter 4. 129
169	169	(e)(1) The attorney general shall have the exclusive jurisdiction to enforce this section 130
170	170	and may obtain injunctive or declaratory relief for this purpose. Any covered employer who 131 9 of 12
171	171	violates this section shall be punished by a warning for the first offense, by a fine of not more 132
172	172	than $500 for the second offense and by a fine of not more than $1,000 for the third offense. A 133
173	173	fourth or subsequent offense shall be subject to paragraphs (1) and (2) of subsection (b) of 134
174	174	section 27C. 135
175	175	(2) No violation of this section shall be construed to carry treble damages pursuant to 136
176	176	section 150. 137
177	177	Section 105F. (a) As used in this section, the following words shall have the following 138
178	178	meanings unless the context clearly requires otherwise: 139
179	179	“Covered employer”, any employer, public or private, that employs 25 or more 140
180	180	employees in the commonwealth. 141
181	181	“Pay range”, the annual salary range or hourly wage range that the covered employer 142
182	182	reasonably and in good faith expects to pay for such position at that time. 143
183	183	“Posting”, any advertisement or job posting intended to recruit job applicants for a 144
184	184	particular and specific employment position, including, but not limited to, recruitment done 145
185	185	directly by a covered employer or indirectly through a third party. 146
186	186	(b) A covered employer, or its agent, shall disclose the pay range for a particular and 147
187	187	specific employment position in the posting of the position. 148
188	188	(c) A covered employer, or its agent, shall provide the pay range for a particular and 149
189	189	specific employment position to an employee who is offered a promotion, or transfer, to a new 150
190	190	position with different job responsibilities. 151 10 of 12
191	191	(d) A covered employer, or its agent, shall provide the pay range for a particular and 152
192	192	specific employment position to an employee holding such position, or to an applicant for such 153
193	193	position, upon request. 154
194	194	(e) It shall be unlawful for a covered employer to discharge or in any other manner 155
195	195	retaliate or discriminate against any employee or applicant because the employee or applicant 156
196	196	has: (i) taken action to enforce their rights pursuant to this section; (ii) made any complaint to 157
197	197	their employer, an agent of their employer or the attorney general regarding an alleged violation 158
198	198	of this section; (iii) instituted, or caused to be instituted, any proceeding under this section; or 159
199	199	(iv) testified or is about to testify in any such proceeding. 160
200	200	(f)(1) The attorney general shall have the exclusive jurisdiction to enforce subsections (b) 161
201	201	to (d), inclusive, and may obtain injunctive or declaratory relief for this purpose. Any covered 162
202	202	employer who violates this section shall be punished by a warning for the first offense, by a fine 163
203	203	of not more than $500 for the second offense and by a fine of not more than $1,000 for the third 164
204	204	offense. A fourth or subsequent offense shall be subject to paragraphs (1) and (2) of subsection 165
205	205	(b) of section 27C. 166
206	206	(2) For enforcement pursuant to paragraph (1), an offense shall include 1 or more job 167
207	207	postings for positions made by the same employer during a 48-hour period. 168
208	208	(3) No violation of this section shall be construed to carry treble damages pursuant to 169
209	209	section 150. 170
210	210	SECTION 8. Not later than 6 months after the effective date of this act, the attorney 171
211	211	general shall conduct a public awareness campaign to provide information to covered employers 172
212	212	regarding the requirements of sections 105E and 105F of chapter 149 of the General Laws, 173 11 of 12
213	213	which shall include, but not be limited to, making information available on the attorney general’s 174
214	214	website and otherwise informing covered employers of said sections 105E and 105F of said 175
215	215	chapter 149. 176
216	216	SECTION 9. (a)(1) Not later than April 1, 2025, the state secretary shall provide the 177
217	217	executive office of labor and workforce development with initial EEO-1, EEO-3 and EEO-5 data 178
218	218	reports pursuant to paragraphs (1) and (2) of subsection (b) of section 32 of chapter 9 of the 179
219	219	General Laws. 180
220	220	(2) Not later than April 1, 2026, the state secretary shall provide the executive office of 181
221	221	labor and workforce development with initial EEO-4 data reports pursuant to paragraph (3) of 182
222	222	subsection (b) of section 32 of chapter 9 of the General Laws. 183
223	223	(b)(1) Not later than June 1, 2025, the executive office of labor and workforce 184
224	224	development shall publish the first aggregate wage and workforce data reports pursuant to 185
225	225	clauses (i) and (ii) of subsection (b) of section 27 of chapter 23 of the General Laws. 186
226	226	(2) Not later than June 1, 2026, the executive office of labor and workforce development 187
227	227	shall publish the first aggregate wage and workforce data report pursuant to clause (iii) of 188
228	228	subsection (b) of section 27 of chapter 23 of the General Laws. 189
229	229	(c)(1) Not later than February 1, 2025, covered employers subject to EEO-1, EEO-3 and 190
230	230	EEO-5 data report requirements shall submit the first reports to the state secretary pursuant to 191
231	231	paragraphs (1) and (2) of subsection (b) of section 105E of chapter 149 of the General Laws. 192 12 of 12
232	232	(2) Not later than February 1, 2026, covered employers subject to EEO-4 data report 193
233	233	requirements shall submit the first report to the state secretary pursuant to paragraph (3) of 194
234	234	subsection (b) of section 105E of chapter 149 of the General Laws. 195
235	235	SECTION 10. For the first 2 years after the effective date of sections 105E and 105F of 196
236	236	chapter 149 of the General Laws, a covered employer shall have 2 business days after notice of a 197
237	237	violation to cure any defect before a fine is imposed. 198
238	238	SECTION 11. Anyone who had their earnings capacity calculated under section 91 of 199
239	239	chapter 32 of the General Laws using the salary upon which their retirement allowance was 200
240	240	based prior to the effective date of this act shall not have their earnings capacity recalculated. 201
241	241	SECTION 12. Section 3 shall take effect July 1, 2018. 202
242	242	SECTION 13. Section 105F of chapter 149 of the General Laws, as inserted by section 7, 203
243	243	shall take effect 1 year after the effective date of this act. 204