HOUSE DOCKET, NO. 4039        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1940

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David M. Rogers and Christine P. Barber

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to transparency in the workplace.

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PETITION OF:

HOUSE DOCKET, NO. 4039        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1940

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to transparency in the workplace.

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. Chapter 23 of the General Laws is hereby amended by inserting after section 25 the following section:-

Section 26. (a) As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meanings:

“Aggregate wage data report,” shall mean an industry-based wage data report reflecting aggregate data from annual wage data reports, provided by the Secretary of State, pursuant to chapter 149 section 105E(c), separated by the following industries:

             1.Agriculture, Forestry, Fishing and Hunting

             2.Mining

             3.Utilities

             4.Construction

             5.Manufacturing

             6.Wholesale Trade

             7.Retail Trade

             8.Transportation and Warehousing

             9.Information

             10.Finance and Insurance

             11.Real Estate Rental and Leasing

             12.Professional, Scientific, and Technical Services

             13.Management of Companies and Enterprises

             14.Administrative Support and Waste Management and Remediation Services

             15.Education Services

             16.Health Care and Social Assistance

             17.Arts, Entertainment, and Recreation

             18.Accommodation and Food Services

             19.Government

             20.Other Services

(b) No later than June 1st beginning calendar year 2024, the executive office of labor and workforce development shall publish aggregate wage data reports on the executive office of labor and workforce development website, provided however that the report on aggregate wage data for government employers will be published only in years when employers are required to file an EEO-4 data report.

             SECTION 2. 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 3. 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, unless the context clearly requires otherwise, shall have the following meanings:

“Covered Employer,” shall mean a private and nonprofit entity employing 100 or more full-time employees in Massachusetts any time during the prior calendar year subject to the filing requirements of the EEO-1 data report; the Governor of the Commonwealth of Massachusetts; and mayors and town administrators with 100 or more full-time employees any time during the prior calendar year subject to the filing requirements of the EEO-4 data report.

“EEO-1 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.

“EEO-4 data report” shall be a completed copy of the State and Local Governmental Information Report, otherwise known as an EEO-4 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.

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

“Wage data report” shall be an EEO-1 or an EEO-4 data report.

(b)(1) Beginning in 2024 and for each year thereafter, a covered employer subject to EEO-1 filing requirements shall submit the EEO-1 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.

(b)(2) Beginning in 2025 and each odd-numbered year thereafter, a covered employer subject to EEO-4 filing requirements shall submit the EEO-4 data report to the secretary covering the prior two calendar years.

(c) The secretary shall provide to the executive office of labor and workforce development the wage data reports of each covered employer for the prior calendar year no later than April 1st of each calendar year beginning in 2024. The secretary may establish a web portal or online form to facilitate the submission of the wage data reports.              

(d) Except for the publishing of reports by the executive office of labor and workforce development on the department's website as directed in this section, aggregate wage data reports shall not be considered “public records”: as defined by chapter 4 section 7 clause 26 and shall not be subject to chapter 66 nor chapter 66A of the General Laws.

(e) The Attorney General shall enforce this section and may obtain injunctive or declaratory relief for this purpose. Any covered employer who violates this section, including failure to disclose a good-faith pay range, shall be punished by a warning for the first offense and not more than $500 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. No violation of this section shall be construed to carry treble damages in chapter 149 section 150.