Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2484 Compare Versions

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1	1	1 of 11
2	2	SENATE . . . . . . . . . . . . . . No. 2484
3	3	Senate, October 19, 2023 -- Text of the Senate amendment to the House Bill relative to salary
4	4	range transparency (House, No. 4109) (being the text of Senate, No. 2468, printed as amended)
5	5	The Commonwealth of Massachusetts
6	6	_______________
7	7	In the One Hundred and Ninety-Third General Court
8	8	(2023-2024)
9	9	_______________
10	10	1 SECTION 1. Chapter 9 of the General Laws is hereby amended by adding the following
11	11	2section:-
12	12	3 Section 32. (a) As used in this section, the words “annual report”, “covered employer”,
13	13	4“EEO-1 data report”, “EEO-3 data report”, “EEO-4 data report”, “EEO-5 data report” and “wage
14	14	5data report” shall have the same meanings as defined in section 105E of chapter 149 unless the
15	15	6context clearly requires otherwise.
16	16	7 (b)(1) Annually, not later than May 1, the state secretary shall provide to the executive
17	17	8office of labor and workforce development the EEO-1 data reports of each covered employer for
18	18	9the prior calendar year.
19	19	10 (2) Not later than May 1 of each even-numbered year, the state secretary shall provide to
20	20	11the executive office of labor and workforce development the EEO-3 data reports and EEO-5 data
21	21	12reports of each covered employer, as applicable, covering the prior 2 calendar years.
22	22	13 (3) Not later than May 1 of each odd-numbered year, the state secretary shall provide to
23	23	14the executive office of labor and workforce development the EEO-4 data reports of each covered
24	24	15employer, as applicable, covering the prior 2 calendar years. 2 of 11
25	25	16 (c)(1) The state secretary shall accept wage data reports filed by covered employers
26	26	17subject to the filing requirements of an EEO-1 data report as a separate supplement to their
27	27	18annual report, which shall be filed at the same time as the covered employer’s annual report;
28	28	19provided, however, that the filing of an annual report by a covered employer shall not be rejected
29	29	20on the basis of an incomplete or omitted wage data report.
30	30	21 (2) The state secretary shall accept wage data reports filed by covered employers subject
31	31	22to the filing requirements of an EEO-3 data report, EEO-4 data report or EEO-5 data report
32	32	23through the least restrictive means available including, but not limited to, web portals, email
33	33	24submissions or paper forms and reports by covered employers may be submitted through a web
34	34	25portal, email submission or paper form.
35	35	26 (3) The state secretary may establish a web portal, sample email submission or paper
36	36	27form to facilitate the submission of the wage data reports by covered employers.
37	37	28 (d) Wage data reports in the custody of the state secretary shall not be considered public
38	38	29records as defined by clause Twenty-sixth of section 7 of chapter 4 and shall not be subject to
39	39	30chapter 66 or chapter 66A.
40	40	31 SECTION 2. Chapter 23 of the General Laws is hereby amended by adding the following
41	41	32section:-
42	42	33 Section 27. (a) As used in this section, the following words shall have the following
43	43	34meanings unless the context clearly requires otherwise:
44	44	35 “Aggregate wage data report”, a report reflecting aggregate data from wage data reports,
45	45	36collected from covered employers pursuant to subsection (c) of section 32 of chapter 9 and 3 of 11
46	46	37provided to the executive office of labor and workforce development by the state secretary
47	47	38pursuant to subsection (b) of said section 32 of said chapter 9; provided, however, that an
48	48	39“aggregate wage data report” shall be separated by the following industries consistent with the
49	49	40North American Industry Classification System:
50	50	41 (i) agriculture, forestry, fishing and hunting;
51	51	42 (ii) mining;
52	52	43 (iii) utilities;
53	53	44 (iv) construction;
54	54	45 (v) manufacturing;
55	55	46 (vi) wholesale trade;
56	56	47 (vii) retail trade;
57	57	48 (viii) transportation and warehousing;
58	58	49 (ix) information;
59	59	50 (x) finance and insurance;
60	60	51 (xi) real estate rental and leasing;
61	61	52 (xii) professional, scientific and technical services;
62	62	53 (xiii) management of companies and enterprises;
63	63	54 (xiv) administrative support and waste management and remediation services; 4 of 11
64	64	55 (xv) education services;
65	65	56 (xvi) health care and social assistance;
66	66	57 (xvii) arts, entertainment and recreation;
67	67	58 (xviii) accommodation and food services;
68	68	59 (xix) public administration; and
69	69	60 (xx) other services.
70	70	61 “EEO-1 data report”, as defined in section 105E of chapter 149.
71	71	62 “EEO-3 data report”, as defined in section 105E of chapter 149.
72	72	63 “EEO-4 data report”, as defined in section 105E of chapter 149.
73	73	64 “EEO-5 data report”, as defined in section 105E of chapter 149.
74	74	65 “Wage data report”, as defined in section 105E of chapter 149.
75	75	66 (b) The executive office of labor and workforce development shall publish on its website
76	76	67aggregate wage data reports consisting of data received pursuant to subsection (c) of section
77	77	68105E of chapter 149 as follows:
78	78	69 (i) annually, not later than July 31, an aggregate wage data report consisting of data from
79	79	70all EEO-1 data reports;
80	80	71 (ii) in every even-numbered calendar year, not later than July 31, an aggregate wage data
81	81	72report consisting of data from all EEO-3 data reports and EEO-5 data reports; and 5 of 11
82	82	73 (iii) in every odd-numbered calendar year, not later than July 31, an aggregate wage data
83	83	74report consisting of data from all EEO-4 data reports.
84	84	75 SECTION 3. Section 1 of chapter 149 of the General Laws, as appearing in the 2022
85	85	76Official Edition, is hereby amended by striking out, in lines 31 and 32, the words “one hundred
86	86	77and five A to one hundred and five C, inclusive” and inserting in place thereof the following
87	87	78words:- 105A to 105C, inclusive, 105E and 105F.
88	88	79 SECTION 4. Said section 1 of said chapter 149, as so appearing, is hereby further
89	89	80amended by striking out, in lines 39 and 40, the words “one hundred and five A to one hundred
90	90	81and five C, inclusive” and inserting in place thereof the following words:- 105A to 105C,
91	91	82inclusive, 105E and 105F.
92	92	83 SECTION 5. Said chapter 149 is hereby further amended by inserting after section 105D
93	93	84the following 2 sections:-
94	94	85 Section 105E. (a) As used in this section, the following words shall have the following
95	95	86meanings unless the context clearly requires otherwise:
96	96	87 “Annual report”, an annual report to be filed by a covered employer with the state
97	97	88secretary pursuant to section 45 of chapter 108A, section 63 of chapter 109, sections 12 and 48
98	98	89of chapter 156C, section 16.22 of chapter 156D or any other applicable law or regulation.
99	99	90 “Covered employer”, an employer: (i) with not less than 100 full-time employees in the
100	100	91commonwealth at any time during the prior calendar year; and (ii) subject to the federal filing
101	101	92requirements of a wage data report. 6 of 11
102	102	93 “EEO-1 data report”, a completed copy of all required components of an employer’s
103	103	94Employer Information Report, as issued by the United States Equal Employment Opportunity
104	104	95Commission, including any successor report containing the same or substantially similar
105	105	96workforce demographic and pay data categorized by race, ethnicity, sex and job category.
106	106	97 “EEO-3 data report”, a completed copy of all required components of a local union’s
107	107	98Local Union Report, as issued by the United States Equal Employment Opportunity
108	108	99Commission, including any successor report containing the same or substantially similar
109	109	100workforce demographic and pay data categorized by race, ethnicity, sex and job category.
110	110	101 “EEO-4 data report”, a completed copy of a State and Local Governmental Information
111	111	102Report, as issued by the United States Equal Employment Opportunity Commission, including
112	112	103any successor report containing the same or substantially similar workforce demographic and
113	113	104pay data categorized by race, ethnicity, sex and job category.
114	114	105 “EEO-5 data report”, a completed copy of an Elementary-Secondary Staff Information
115	115	106Report, as issued by the United States Equal Employment Opportunity Commission, including
116	116	107any successor report containing the same or substantially similar workforce demographic and
117	117	108pay data categorized by race, ethnicity, sex and job category.
118	118	109 “State secretary”, as defined in chapter 9.
119	119	110 “Wage data report”, an EEO-1, EEO-3, EEO-4 or EEO-5 data report.
120	120	111 (b)(1) At the time of filing its annual report, a covered employer, subject to federal EEO-
121	121	1121 data report filing requirements, shall submit to the state secretary a copy of its EEO-1 data 7 of 11
122	122	113report covering the prior calendar year as a separate supplement to its annual report pursuant to
123	123	114section 32 of chapter 9.
124	124	115 (2) In each even-numbered year, a covered employer, subject to federal EEO-3 or EEO-5
125	125	116data report filing requirements, shall submit to the state secretary a copy of its EEO-3 data report
126	126	117or EEO-5 data report, as applicable, covering the prior 2 calendar years pursuant to section 32 of
127	127	118chapter 9.
128	128	119 (3) In each odd-numbered year, a covered employer, subject to federal EEO-4 data report
129	129	120filing requirements, shall submit to the state secretary a copy of its EEO-4 data report covering
130	130	121the prior 2 calendar years pursuant to section 32 of chapter 9.
131	131	122 (c) Annually, not later than May 1, the state secretary shall submit to the executive office
132	132	123of labor and workforce development the wage data reports of each covered employer for the
133	133	124prior calendar year pursuant to section 32 of chapter 9.
134	134	125 (d) Wage data reports in the custody of the secretary of labor and workforce development
135	135	126shall not be considered public records as defined by clause Twenty-sixth of section 7 of chapter 4
136	136	127and shall not be subject to chapter 66 or chapter 66A; provided, however, that the publishing of
137	137	128aggregate wage data reports, as defined in section 27 of chapter 23, by the executive office of
138	138	129labor and workforce development on its website pursuant to said section 27 of said chapter 23
139	139	130shall be considered public records as defined by said clause Twenty-sixth of said section 7 of
140	140	131said chapter 4.
141	141	132 (e)(1) The attorney general shall have the exclusive jurisdiction to enforce this section
142	142	133and may obtain injunctive or declaratory relief for this purpose. Any covered employer who
143	143	134violates this section shall be punished by a warning for the first offense, by a fine of not more 8 of 11
144	144	135than $500 for the second offense and by a fine of not more than $1,000 for the third offense. A
145	145	136fourth or subsequent offense shall be subject to paragraphs (1) and (2) of subsection (b) of
146	146	137section 27C.
147	147	138 (2) No violation of this section shall be construed to carry treble damages pursuant to
148	148	139section 150.
149	149	140 Section 105F. (a) As used in this section, the following words shall have the following
150	150	141meanings unless the context clearly requires otherwise:
151	151	142 “Covered employer”, any employer, public or private, that employs 25 or more
152	152	143employees in the commonwealth.
153	153	144 “Pay range”, the salary range or hourly wage range that the covered employer reasonably
154	154	145and in good faith expects to pay for a particular and specific employment position at that time.
155	155	146 “Posting”, any advertisement or job posting intended to recruit job applicants for a
156	156	147particular and specific employment position, including, but not limited to, recruitment done
157	157	148directly by a covered employer or indirectly through a third party.
158	158	149 (b) A covered employer or its agent shall disclose the pay range for a particular and
159	159	150specific employment position in the posting of the position.
160	160	151 (c) A covered employer or its agent shall provide the pay range for a particular and
161	161	152specific employment position to an employee who is offered a promotion or transfer to a new
162	162	153position with different job responsibilities. 9 of 11
163	163	154 (d) A covered employer or its agent shall provide the pay range for a particular and
164	164	155specific employment position to an employee holding such position or to an applicant for such
165	165	156position upon request.
166	166	157 (e) It shall be unlawful for a covered employer to discharge or in any other manner
167	167	158retaliate or discriminate against any employee or applicant because the employee or applicant
168	168	159has: (i) taken action to enforce their rights pursuant to this section; (ii) made a complaint to their
169	169	160employer, an agent of their employer or the attorney general regarding an alleged violation of
170	170	161this section; (iii) instituted, or caused to be instituted, any proceeding under this section; or (iv)
171	171	162testified or is about to testify in any such proceeding.
172	172	163 (f)(1) The attorney general shall have the exclusive jurisdiction to enforce subsections (b)
173	173	164to (d), inclusive, and may obtain injunctive or declaratory relief for this purpose. Any covered
174	174	165employer who violates this section shall be punished by a warning for the first offense, by a fine
175	175	166of not more than $500 for the second offense and by a fine of not more than $1,000 for the third
176	176	167offense. A fourth or subsequent offense shall be subject to paragraphs (1) and (2) of subsection
177	177	168(b) of section 27C.
178	178	169 (2) For enforcement pursuant to paragraph (1), multiple violations within a 48-hour
179	179	170period of subsections (b) to (d), inclusive, shall have a rebuttable presumption that such offenses
180	180	171constitute a single offense attributed to a single act or set of related actions.
181	181	172 (3) No violation of this section shall be construed to carry treble damages pursuant to
182	182	173section 150.
183	183	174 SECTION 6. Not later than 6 months after the effective date of this act, the attorney
184	184	175general shall conduct a public awareness campaign to provide information to covered employers 10 of 11
185	185	176regarding the requirements of sections 105E and 105F of chapter 149 of the General Laws,
186	186	177which shall include, but not be limited to, making information available on the attorney general’s
187	187	178website and otherwise informing covered employers of said sections 105E and 105F of said
188	188	179chapter 149.
189	189	180 SECTION 7. (a)(1) Not later than May 1, 2024, the state secretary shall provide the
190	190	181executive office of labor and workforce development with initial EEO-1, EEO-3 and EEO-5 data
191	191	182reports pursuant to paragraphs (1) and (2) of subsection (b) of section 32 of chapter 9 of the
192	192	183General Laws, as inserted by section 1.
193	193	184 (2) Not later than May 1, 2025, the state secretary shall provide the executive office of
194	194	185labor and workforce development with initial EEO-4 data reports pursuant to paragraph (3) of
195	195	186subsection (b) of section 32 of chapter 9 of the General Laws, as inserted by section 1.
196	196	187 (b)(1) Not later than July 31, 2024, the executive office of labor and workforce
197	197	188development shall publish the first aggregate wage data reports pursuant to clauses (i) and (ii) of
198	198	189subsection (b) of section 27 of chapter 23 of the General Laws, as inserted by section 2.
199	199	190 (2) Not later than July 31, 2025, the executive office of labor and workforce development
200	200	191shall publish the first aggregate wage data report pursuant to clause (iii) of subsection (b) of
201	201	192section 27 of chapter 23 of the General Laws, as inserted by section 2.
202	202	193 (c)(1) Beginning in calendar year 2024, covered employers subject to EEO-1, EEO-3 and
203	203	194EEO-5 data report requirements shall submit the first reports to the state secretary pursuant to
204	204	195paragraphs (1) and (2) of subsection (b) of section 105E of chapter 149 of the General Laws, as
205	205	196inserted by section 5. 11 of 11
206	206	197 (2) Beginning in calendar year 2025, covered employers subject to EEO-4 data report
207	207	198requirements shall submit the first report to the state secretary pursuant to paragraph (3) of
208	208	199subsection (b) of section 105E of chapter 149 of the General Laws, as inserted by section 5.
209	209	200 SECTION 8. For the first 2 years after the effective date of sections 105E and 105F of
210	210	201chapter 149 of the Generals Laws, as inserted by section 5, a covered employer shall have 2
211	211	202business days after notice of a violation to cure any defect before a fine is imposed.
212	212	203 SECTION 9. Section 105F of chapter 149 of the General Laws, as inserted by section 5,
213	213	204shall take effect 1 year after the effective date of this act.