Bill S.2721

FILED ON: 2/2/2022

SENATE . . . . . . . . . . . . . . No. 2721

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act relative to pay equity.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. This act shall be known as The Frances Perkins Workplace Equity Act.

SECTION 2. Section 45 of chapter 108A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “engages”, in line 20, the following:-

. The annual report shall also include a wage data report, as required under Section 105A½ of Chapter 149 for covered employers, as defined in subsection (a) of said Section 105A½

SECTION 3. Section 63 of chapter 109 of the General Laws is hereby amended by inserting after the word “partnership”, in line 6, the following:-

. The annual report shall also include a wage data report, as required under Section 105A½ of Chapter 149 for covered employers, as defined in subsection (a) of said Section 105A½.

SECTION 4. Section 1 of chapter 149 of the General Laws is hereby amended by striking out “one hundred and five C”, in line 40, and inserting in place thereof the following:-

one hundred and five E.

SECTION 5. Said chapter 149, as so appearing, is hereby further amended by inserting after section 105A the following section:-

Section 105A½. (a) As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meanings:

“Covered Employer,” shall mean a limited liability partnership subject to the reporting requirements under section 45 of chapter 108A; a limited partnership subject to the reporting requirements under section 63 of chapter 109; a professional corporation subject to the reporting requirements under section 18 of chapter 156A; a limited liability corporation subject to the reporting requirements under section 12 of chapter 156C; a domestic or foreign corporation subject to the reporting requirements under section 16.22 of Chapter 156D; or a non-profit corporation subject to the reporting requirements under section 26A of Chapter 180, and that employs 100 or more full-time employees in Massachusetts any time during the prior calendar year.

“Secretary” shall mean the State secretary under chapter 9.

“EEO data report” shall be a completed copy of all required components of the employer’s Employer Information Report, otherwise known as an EEO-1 Report, as issued by the U.S. Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data by race, gender identity and employment category.

“Wage data report” shall be an EEO data report, or a report that includes the following information:

(1) The number of employees by race, ethnicity, and gender identity in each of the following job categories:

(A) Executive or senior level officials and managers.

(B) First or mid-level officials and managers.

(D) Technicians.

(E) Sales workers.

(F) Administrative support workers.

(G) Craft workers.

(H) Operatives.

(I) Laborers and helpers.

(J) Service workers.

(2) The number of employees by race, ethnicity, and gender identity, whose annual earnings fall within each of the pay bands used by the United States Bureau of Labor Statistics in the Occupational Employment Statistics survey, as determined during a single pay period of the employer’s choice between October 1 and December 31 of the preceding calendar year.

(b) Beginning in 2023 and for each year thereafter, a covered employer shall submit a wage data report to the secretary covering the prior calendar year as a supplement to their annual report, due to be filed at the same time as their annual report.

(c) The secretary shall publish on their corporate filings website the wage data reports of each covered employer for the prior calendar year. The secretary may establish a web portal or online form to facilitate the submission of the wage data reports.

SECTION 6. Said chapter 149, as so appearing, is hereby further amended by inserting after section 105D the following section:-

Section 105E. (a) As used in this section, the following words shall have the following meanings:-

“covered employer” shall have the same meaning as in Section 105A½ of this chapter.

“pay scale” a salary or hourly wage range for such position.

(b) A covered employer shall provide the pay scale for a particular employment position with said employee upon advertising or posting the position. A covered employer shall provide the pay scale for a particular employment position with said employer to an employee holding such position upon request by said employee.

(c) The Attorney General shall enforce this section and may obtain injunctive or declaratory relief for this purpose. Any covered employer who violates this section shall be punished by a fine of not more than $500 for the first offense and not more than $1,000 for the second offense. For a third or subsequent offense, violation of this section shall be subject to section 27C(b)(1) and (2) of chapter 149.

SECTION 7. Section 18 of chapter 156A of the General Laws is hereby amended by inserting after the word “156D,” in line 3, the following:-

including a wage data report, as required under Section 105A½ of Chapter 149 for covered employers, as defined in subsection (a) of said Section 105A½,

SECTION 8. Section 12 of chapter 156C of the General Laws is hereby amended by inserting in section (c), after the word “report,” the following:-

including a wage data report, as required under Section 105A½ of Chapter 149 for covered employers, as defined in subsection (a) of said Section 105A½.

SECTION 9. Section 16.22 of chapter 156D of the General Laws is hereby amended by inserting after paragraph (8) of subsection (a) the following:-

(9) A wage data report, as required under Section 105A½ of Chapter 149 for covered employers, as defined in subsection (a) of said Section 105A½.

SECTION 10. Paragraph (1) of Section 26A of chapter 180 of the General Laws is hereby amended by striking out “expires”, in line 17, and inserting in place thereof the following:-

expires; a wage data report, as required under Section 105A½ of Chapter 149 for covered employers, as defined in subsection (a) of said Section 105A½.