Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1215 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1698 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1215
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marc R. Pacheco
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 to promote pay transparency.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Marc R. PachecoThird Bristol and Plymouth 1 of 5
16	16	SENATE DOCKET, NO. 1698 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1215
18	18	By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1215) of Marc R. Pacheco for
19	19	legislation to promote pay transparency. Labor and Workforce Development.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1244 OF 2021-2022.]
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 to promote pay transparency.
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 149 of the General Laws, as appearing in the 2020 Official Edition,
31	31	2is hereby amended by inserting after section 105A the following section:
32	32	3 Section 105A½. (a) As used in this section, the following words, unless the context
33	33	4clearly requires otherwise, shall have the following meanings:-
34	34	5 “Covered Employer” shall mean any employer that employed 100 or more employees in
35	35	6Massachusetts at any time during the prior calendar year;
36	36	7 “DOL”, the United States Department of Labor;
37	37	8 “EOLWD”, the executive office of labor and workforce development under chapter 23; 2 of 5
38	38	9 “PPOF” shall mean Pipeline Promotional Opportunities Fund as described by this
39	39	10section.
40	40	11 “Senior positions” shall mean employment positions at covered employers, as defined by
41	41	12the secretary of EOLWD, that are associated with a high degree of authority and leadership
42	42	13within a covered employer representing senior management and mid-level management;
43	43	14 “Secretary”, shall mean the secretary of labor and workforce development under chapter
44	44	1523.
45	45	16 (b) On or before April 1 of each calendar year, every covered employer shall file a report
46	46	17with the EOLWD specifying the race and gender ratios of the employees within each senior
47	47	18position, as reported by such employees. Such positions include but are not limited to, executive
48	48	19vice president, senior vice president, assistant vice president, general manager, regional manager,
49	49	20division manager, manager, project manager, director, assistant director, and chief (c-level)
50	50	21officers.
51	51	22 (c) On or before April 1 of each calendar year, the EOLWD shall prepare and post on its
52	52	23website the gender and racial ratios of the labor force in the DOL’s six metropolitan statistical
53	53	24areas of Massachusetts.
54	54	25 (d) Employees of a covered employer whose ratios of women or minority employees
55	55	26among senior positions is below the ratio of women or minorities in the labor force within the
56	56	27same metropolitan statistical area may apply to the Pipeline Promotional Opportunities Fund, as
57	57	28described under section 26 of chapter 23, for funds to pay for professional development and
58	58	29coaching services to enhance their prospects for promotion, where such promotion would
59	59	30advance gender and racial parity in the leadership of her or his employer. 3 of 5
60	60	31 SECTION 2. Chapter 23 of the General Laws, as appearing in the 2018 Official Edition,
61	61	32is hereby amended by inserting after section 25 the following section:
62	62	33 Section 26. (a) As used in this section, the following words, unless the context clearly
63	63	34requires otherwise, shall have the following meanings:-
64	64	35 “Covered Employer” shall mean any employer that employed 100 or more employees in
65	65	36Massachusetts at any time during the prior calendar year;
66	66	37 “DOL”, the United States Department of Labor;
67	67	38 “Employee” shall have the same meaning as described under section 1 of this chapter;
68	68	39 “EOLWD”, the Executive Office of Labor and Workforce Development under chapter
69	69	4023;
70	70	41 “PPOF” shall mean Pipeline Promotional Opportunities Fund as described by this
71	71	42section;
72	72	43 “Qualified employees” shall mean employees of a covered employer, whose ratios of
73	73	44women or minority employees among senior positions is below the average ratio of women or
74	74	45minorities in the labor force within the same metropolitan statistical area;
75	75	46 “Secretary” shall mean the secretary of labor and workforce development as described
76	76	47under section 1 of this chapter;
77	77	48 “Senior positions” shall mean employment positions at covered employers, as defined by
78	78	49the secretary of EOLWD, that are associated with a high degree of authority and leadership
79	79	50within a covered employer representing senior management and mid-level management. 4 of 5
80	80	51 (b) Each year, the executive office of labor and workforce development shall prepare and
81	81	52publish, including by posting on its website, the gender and racial ratios of each senior position
82	82	53at all covered employers in each of the DOL’s six metropolitan statistical areas of Massachusetts.
83	83	54The EOLWD shall also make available on its website annually the reports of gender and racial
84	84	55ratios of the senior positions filed by each covered employer. Such information shall be posted in
85	85	56a form that does not specify the identity of any individual person.
86	86	57 (c) In order to facilitate the reporting of the race and gender ratios of those in senior
87	87	58positions at covered employers, the secretary shall issue a reporting form for each reporting year
88	88	59on which she or he defines the term “senior position” and list all job titles that she or he
89	89	60determines are associated with a high degree of authority and leadership at covered employers.
90	90	61 (d) On or before April 1 of each calendar year, the EOLWD shall prepare and post on its
91	91	62website the gender and racial ratios of the labor force in the DOL’s six metropolitan statistical
92	92	63areas of Massachusetts.
93	93	64 (e) Subsections (f) – (h) of this section shall be known and may be cited as the “Pipeline
94	94	65Promotional Opportunities Fund.”
95	95	66 (f) There shall be established a Pipeline Promotional Opportunities Fund by the EOLWD
96	96	67to provide covered employers with funds to provide qualified employees with financial aid for
97	97	68specified professional development or coaching services intended to help such qualified
98	98	69employees advance professionally. The PPOF shall be administered by the secretary.
99	99	70 (g) The secretary shall set a standard allowable hourly fee for professional development
100	100	71or coaching services, establish a process for reviewing applications for funding to ascertain an
101	101	72employee’s promotional prospect, and verify the covered employer’s variance from proportional 5 of 5
102	102	73gender and/or racial ratios in the metropolitan statistical area. The secretary shall further
103	103	74promulgate any rules and regulations necessary to effectuate the purposes of this section,
104	104	75including but not limited to those related to the determination of initial and continued eligibility
105	105	76requirements for qualified applicants and the allocation of funds to qualified applicants.
106	106	77 (h) All recipients of PPOF funds agree to make an equivalent contribution to the PPOF
107	107	78fund if, within 18 months of receiving funds from the PPOF, they realize a raise and/or
108	108	79promotion.
109	109	80 SECTION 3. Notwithstanding any general law or special law or regulation to the
110	110	81contrary, the legislature shall appropriate $25 million dollars to the executive office of labor and
111	111	82workforce development for the establishment and maintenance of the Pipeline Promotional
112	112	83Opportunities Fund. The legislature shall replenish said fund annually to ensure adequate funds
113	113	84to satisfy all qualified applicants.