SENATE DOCKET, NO. 1521        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1191

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Patricia D. Jehlen

_________________

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 pay range disclosure.

_______________

PETITION OF:

 

Name:

District/Address:

 

Patricia D. Jehlen

Second Middlesex

 

Patrick M. O'Connor

First Plymouth and Norfolk

2/3/2023

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

2/7/2023

Michael J. Barrett

Third Middlesex

2/8/2023

Jason M. Lewis

Fifth Middlesex

2/9/2023

Michael F. Rush

Norfolk and Suffolk

2/13/2023

Susan L. Moran

Plymouth and Barnstable

2/14/2023

Joanne M. Comerford

Hampshire, Franklin and Worcester

2/14/2023

Nick Collins

First Suffolk

2/14/2023

James B. Eldridge

Middlesex and Worcester

2/17/2023

Adam Gomez

Hampden

3/3/2023

Paul R. Feeney

Bristol and Norfolk

3/6/2023

Michael D. Brady

Second Plymouth and Norfolk

3/15/2023

Bradley H. Jones, Jr.

20th Middlesex

4/7/2023

Lydia Edwards

Third Suffolk

5/9/2023

Julian Cyr

Cape and Islands

5/9/2023

Robyn K. Kennedy

First Worcester

5/9/2023

Michael O. Moore

Second Worcester

5/9/2023

Sal N. DiDomenico

Middlesex and Suffolk

6/8/2023


SENATE DOCKET, NO. 1521        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1191

By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1191) of Patricia D. Jehlen, Patrick M. O'Connor, Rebecca L. Rausch, Michael J. Barrett and other members of the Senate for legislation relative to wage transparency.  Labor and Workforce Development.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1208 OF 2021-2022.]

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act relative to pay range disclosure.

 

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 149 of the General Laws is hereby 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 mean any employer, public or private, that employs 15 or more employees in Massachusetts.

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

(b) A covered employer, or agent of said employer, shall disclose the pay range for a particular 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 employment position to an employee offered a promotion or a transfer to a new position.

(d) A covered employer, or agent of said employer, shall provide the pay range for a particular 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 his employer, the attorney general, or any other person, or instituted, or caused to be instituted, any proceeding under or related to this section, or has testified or is about to testify in any such proceeding.

(f) 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.

(g) 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.