Salary Range Transparency Act (M.G.L.c. 149, s. 105F) (FAQs) (EEO Wage and Workforce Data Reports) (Office of the Attorney General)

• Effective July 31, 2025, employers with at least 25 employees in Massachusetts must:
• Include the pay range for an employment position on all job postings. The pay range is defined as the annual salary range or hourly wage range that the covered employer reasonably and in good faith expects to pay for such position at that time.
• Disclose the pay range for a particular employment position to an existing employee who is offered either a promotion, transfer, or new position with different job responsibilities.
• Provide the pay range for a particular employment position to an employee holding said position, or to an applicant for such position, upon receipt of such request.
  
  
• The posting requirements are broadly defined to cover "any advertisement or job posting intended to recruit job applicants for a particular and specific employment position," including posts by the employer and third parties. For employers who sponsor foreign nationals for "green cards" this includes postings that are used in the PERM recruitment process.


• No later than Febuary 1, 2025, employers with at least 100 employees who are subject to EEO-1, EEO-3, EEO-4, or EEO-5 reporting requirements will need to file a wage data report to the state secretary. The wage data report will include workforce demographic and pay data categorized by race, ethnicity, sex, and job category. Union, state, and local government, and elementary-secondary data reports are also subject to these reporting requirements. The aggregated data will be published and available on the Massachusetts Executive Office of Labor and Workforce Development's website. (M.G.L.c. 149, s. 105E)


• Covered employers are prohibited from discharging, retaliating, or discriminating against any employee or applicant who engages in protected activity or exercises their rights under the law if they::
• Enforced their rights under the no-retaliation provision;
• Complained to their employer, their employer's agent, or the attorney general under this provision;
• Instituted a proceeding under the law; or
• Testified or is about to testify in any such proceeding.
  
  
• The new law does not contain a private right of action, which means employees and applicants cannot bring lawsuits against employers for alleged violations. But the state attorney general is authorized to bring an action against a covered employer for a violation of the law, and impose fines for non-compliance.

   

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