Bill H.4100

FILED ON: 9/22/2023

HOUSE . . . . . . . . . . . . . . . No. 4100

The Commonwealth of Massachusetts

_______________

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

_______________

An Act relative to salary range transparency.

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. Chapter 23 of the General Laws is hereby amended by inserting after section 26 the following section:-

Section 27. (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. Public Administration

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 aggregate wage data reports for covered employers subject to the filing requirements of an EEO-3, EEO-4 or EEO-5 data report will be published every other year.

SECTION 3. The eleventh paragraph of Section 1 of Chapter 149 of the General Laws is hereby amended by striking out the words “to one hundred and five C” and inserting the words “, one hundred and five C, one hundred and five E, and one hundred and five F”. The twelfth paragraph of Section 1 of Chapter 149 of the General Laws is hereby amended by striking out the words “to one hundred and five C” and inserting the words “, one hundred and five C, one hundred and five E, and one hundred and five F”.

SECTION 4. 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 an employer with 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; subject to the filing requirements of the EEO-3 data report; subject to the filing requirements of the EEO-4 data report; or subject to the filing requirements of the EEO-5 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-3 data report” shall be a completed copy of all required components of the local union’s Local Union Report, otherwise known as an EEO-3 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.

“EEO-5 data report” shall be a completed copy of the Elementary-Secondary Staff Information Report, otherwise known as an EEO-5 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, EEO-3, EEO-4 or EEO-5 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 2024 and each even-numbered year thereafter, a covered employer subject to EEO-3 or EEO-5 filing requirements shall submit the EEO-3 data report or EEO-5 data report, as applicable, to the secretary covering the prior two calendar years.

(b)(3) 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. The state secretary shall accept reports filed by covered employers subject to the filing requirements of an EEO-3, EEO-4 or EEO-5 through the least restrictive means, and reports by these employers may be submitted through a web portal established by the secretary for submission, through email submission, or in paper form from the employer.

(d) Except for the publishing of aggregate reports by the executive office of labor and workforce development on the department's website as directed in this section, wage data reports in the custody of the secretary of state or the secretary of labor and workforce development 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.

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

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

“covered employer” shall mean any employer, public or private, that employs 25 or more employees in Massachusetts.

“pay range” shall mean the annual salary range or hourly wage range that the employer reasonably and in good faith expects to pay for such position at that time.

“posting” shall mean any advertisement or job posting intended to recruit job applicants for a particular and specific employment position, including recruitment done directly by an employer or indirectly through a third party.

(b) A covered employer, or agent of said employer, shall disclose the pay range for a particular and specific employment position within the advertising or posting of the position.

(c) A covered employer, or agent of said employer, shall provide the pay range for a particular and specific employment position to an employee offered a promotion, or transfer, to a new position with different job responsibilities.

(d) A covered employer, or agent of said employer, shall provide the pay range for a particular and specific employment position to an employee holding such position, or to an applicant for such position, upon request.

(e) It shall be an unlawful practice for any employer to discharge or in any other manner retaliate or discriminate against any employee or applicant because such employee or applicant has opposed any act or practice made unlawful by this section, or has made any complaint to their employer, an agent of the employer, or the attorney general, or instituted, or caused to be instituted, any proceeding under this section, or has testified or is about to testify in any such proceeding.

(f) The Attorney General shall exclusively enforce section 105E of Chapter 149 and subsections (b) through (d) of this section and may obtain injunctive or declaratory relief for this purpose. Any covered employer who violates this section shall be punished by a warning for the first offense, not more than $500 for the second offense, and not more than $1000 for a third offense. For a fourth 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 section 150 of chapter 149.

SECTION 6. The Attorney General shall conduct a public awareness outreach campaign, which shall include, but not be limited to, making information available on its website and otherwise informing employers of the provisions of this section.

SECTION 7. Sections 5 and 6 shall take effect 6 months after the effective date of this act.