fact sheet

MASSACHUSETTS PAY TRANSPARENCY

On July 31, 2024, Governor Healey signed the Massachusetts Pay Transparency Bill into law. Here’s what we know about the requirements for employers in the Commonwealth.

SALARY RANGE DISCLOSURE

Employers with over 25 employees will be required to disclose salary range information on job postings, and in some circumstances, pay range information to current employees.​ Requirements for salary disclosures go into effect one year after the law was signed – July 31, 2025. To meet these requirements, employers will need to:​

  • Post pay range for particular positions on all job postings,​
  • Disclose the pay range for a position to existing employees who receive a promotion or transfer to a new position with different responsibilities, and
  • Provide the pay range for a particular position to an existing employee holding that position or applicant upon their request.​

The language of the law defines “postings” to mean any advertisement or job posting intended to recruit job applicants for a particular and specific employment position. This includes posts made directly by an employer or indirectly through a third party.​

“Pay range” means the annual salary range or hourly wage range that the covered employer reasonably and in good faith expects to pay for such position at the time of posting.​

Unlike similar laws passed in other states, the MA law does not require employers to disclose benefits or bonuses associated with a particular position.​ Employees or other private parties can bring complaints to the Attorney General but will not be able to file lawsuits regarding violations of this statute themselves.​ 

eeo data

Employers with 100 or more employees in the Commonwealth at any time during the prior calendar year will also be required to submit a yearly EEO data report, including both workforce demographics and pay data.​

Requirements for EEO reports go into effect February 1, 2025.​​

  • Reports will need to be categorized by race, ethnicity, sex, and job category.
  • These reports are required to be filed with the Secretary of the Commonwealth each year by February 1.

Employers who fail to submit an annual report (or post salary ranges) open themselves up to monetary penalties and civil citations.

The law also prohibits employers from retaliating against or terminating employees who have taken action to enforce their rights under the law, made a complaint regarding an alleged violation, or instituted a proceeding or provided their testimony to a proceeding under the law.​

While the different requirements of the law don’t come into effect until next year, now is the time for employers to ensure their processes and procedures are up to date and ready to comply with this new statute.

Submission of a properly completed federal EEO-1 will satisfy this requirement.​ While the EEO reports will not be considered public record subject to disclosure under the MA Public Records Law, such records may still be susceptible to discovery during litigation.

DOWNLOAD THIS FACT SHEET

​*The information provided on this fact sheet does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available here are for general informational purposes only.

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