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SENATE DOCKET, NO. 1698 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1215
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Marc R. Pacheco
_________________
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 to promote pay transparency.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Marc R. PachecoThird Bristol and Plymouth 1 of 5
SENATE DOCKET, NO. 1698 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1215
By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1215) of Marc R. Pacheco for
legislation to promote pay transparency. Labor and Workforce Development.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1244 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to promote pay transparency.
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 149 of the General Laws, as appearing in the 2020 Official Edition,
2is hereby amended by inserting after section 105A the following section:
3 Section 105A½. (a) As used in this section, the following words, unless the context
4clearly requires otherwise, shall have the following meanings:-
5 “Covered Employer” shall mean any employer that employed 100 or more employees in
6Massachusetts at any time during the prior calendar year;
7 “DOL”, the United States Department of Labor;
8 “EOLWD”, the executive office of labor and workforce development under chapter 23; 2 of 5
9 “PPOF” shall mean Pipeline Promotional Opportunities Fund as described by this
10section.
11 “Senior positions” shall mean employment positions at covered employers, as defined by
12the secretary of EOLWD, that are associated with a high degree of authority and leadership
13within a covered employer representing senior management and mid-level management;
14 “Secretary”, shall mean the secretary of labor and workforce development under chapter
1523.
16 (b) On or before April 1 of each calendar year, every covered employer shall file a report
17with the EOLWD specifying the race and gender ratios of the employees within each senior
18position, as reported by such employees. Such positions include but are not limited to, executive
19vice president, senior vice president, assistant vice president, general manager, regional manager,
20division manager, manager, project manager, director, assistant director, and chief (c-level)
21officers.
22 (c) On or before April 1 of each calendar year, the EOLWD shall prepare and post on its
23website the gender and racial ratios of the labor force in the DOL’s six metropolitan statistical
24areas of Massachusetts.
25 (d) Employees of a covered employer whose ratios of women or minority employees
26among senior positions is below the ratio of women or minorities in the labor force within the
27same metropolitan statistical area may apply to the Pipeline Promotional Opportunities Fund, as
28described under section 26 of chapter 23, for funds to pay for professional development and
29coaching services to enhance their prospects for promotion, where such promotion would
30advance gender and racial parity in the leadership of her or his employer. 3 of 5
31 SECTION 2. Chapter 23 of the General Laws, as appearing in the 2018 Official Edition,
32is hereby amended by inserting after section 25 the following section:
33 Section 26. (a) As used in this section, the following words, unless the context clearly
34requires otherwise, shall have the following meanings:-
35 “Covered Employer” shall mean any employer that employed 100 or more employees in
36Massachusetts at any time during the prior calendar year;
37 “DOL”, the United States Department of Labor;
38 “Employee” shall have the same meaning as described under section 1 of this chapter;
39 “EOLWD”, the Executive Office of Labor and Workforce Development under chapter
4023;
41 “PPOF” shall mean Pipeline Promotional Opportunities Fund as described by this
42section;
43 “Qualified employees” shall mean employees of a covered employer, whose ratios of
44women or minority employees among senior positions is below the average ratio of women or
45minorities in the labor force within the same metropolitan statistical area;
46 “Secretary” shall mean the secretary of labor and workforce development as described
47under section 1 of this chapter;
48 “Senior positions” shall mean employment positions at covered employers, as defined by
49the secretary of EOLWD, that are associated with a high degree of authority and leadership
50within a covered employer representing senior management and mid-level management. 4 of 5
51 (b) Each year, the executive office of labor and workforce development shall prepare and
52publish, including by posting on its website, the gender and racial ratios of each senior position
53at all covered employers in each of the DOL’s six metropolitan statistical areas of Massachusetts.
54The EOLWD shall also make available on its website annually the reports of gender and racial
55ratios of the senior positions filed by each covered employer. Such information shall be posted in
56a form that does not specify the identity of any individual person.
57 (c) In order to facilitate the reporting of the race and gender ratios of those in senior
58positions at covered employers, the secretary shall issue a reporting form for each reporting year
59on which she or he defines the term “senior position” and list all job titles that she or he
60determines are associated with a high degree of authority and leadership at covered employers.
61 (d) On or before April 1 of each calendar year, the EOLWD shall prepare and post on its
62website the gender and racial ratios of the labor force in the DOL’s six metropolitan statistical
63areas of Massachusetts.
64 (e) Subsections (f) – (h) of this section shall be known and may be cited as the “Pipeline
65Promotional Opportunities Fund.”
66 (f) There shall be established a Pipeline Promotional Opportunities Fund by the EOLWD
67to provide covered employers with funds to provide qualified employees with financial aid for
68specified professional development or coaching services intended to help such qualified
69employees advance professionally. The PPOF shall be administered by the secretary.
70 (g) The secretary shall set a standard allowable hourly fee for professional development
71or coaching services, establish a process for reviewing applications for funding to ascertain an
72employee’s promotional prospect, and verify the covered employer’s variance from proportional 5 of 5
73gender and/or racial ratios in the metropolitan statistical area. The secretary shall further
74promulgate any rules and regulations necessary to effectuate the purposes of this section,
75including but not limited to those related to the determination of initial and continued eligibility
76requirements for qualified applicants and the allocation of funds to qualified applicants.
77 (h) All recipients of PPOF funds agree to make an equivalent contribution to the PPOF
78fund if, within 18 months of receiving funds from the PPOF, they realize a raise and/or
79promotion.
80 SECTION 3. Notwithstanding any general law or special law or regulation to the
81contrary, the legislature shall appropriate $25 million dollars to the executive office of labor and
82workforce development for the establishment and maintenance of the Pipeline Promotional
83Opportunities Fund. The legislature shall replenish said fund annually to ensure adequate funds
84to satisfy all qualified applicants.