“An Act relative to salary range transparency” was signed into law by Governor Healy on July 31, 2024. St. 2024, c. 141. This law imposes requirements on certain employers to provide a pay range when posting an open position, impose data collection requirements, and make corrections to how public employee retirements are calculated.
The law provides that public or private employers of 25 or more employees in the Commonwealth, must disclose a pay range, which is the salary or wage the employer reasonably expects in good faith to pay: 1) in a job posting for a particular and specific position; 2) when an employee is offered a promotion, transfer or new position; and 3) to an employee or applicant for a particular and specific position upon request. It is unlawful for an employer to discharge, retaliate or discriminate against an employee who has sought to enforce their rights under the law, made a complaint regarding a violation of the law or testified in such a proceeding. The Attorney General has exclusive jurisdiction to enforce the provisions of this law. The pay range disclosure provisions go into effect on October 29, 2025.
The law requires employers of 100 or more employees in the Commonwealth and subject to federal wage data reporting requirements to submit their federal wage data reports to the Secretary of the Commonwealth. The Secretary will then provide such reports to the Executive Office of Labor and Workforce Development (EOLWD.) The EOLWD will then publish aggregate wage and workforce data reports on its website, with the aggregate data separated by industry. The Attorney General has exclusive jurisdiction to enforce the provisions of this law. The first wage data reports must be submitted no later than February 1, 2025.
Finally, the law retroactively allows retirees who received Equal Pay Act wage increases to include those increases in the calculation of their retirement benefits. This provision is now in effect.
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