New requirements for Massachusetts employers to disclose pay ranges and pay data

At a glance

• From July 31, 2025, employers must disclose the pay range for a particular or specific position in a job posting.
• Employers cannot discriminate or retaliate where action is taken to enforce the new rights.
• Many employers with at least 100 employees will also have to file an annual wage data report.

Effective July 31, 2025, employers with 25 or more employees in Massachusetts will be required to disclose pay ranges in job postings. In addition, employers with at least 100 employees who are subject to EEO-1 reporting requirements will need to file an annual wage data report with the Commonwealth, with the first report due by February 1, 2025. 

Key Takeaways

Employers must disclose the pay range for a particular or specific position in the posting, provide the pay range of a position to an employee who is offered a promotion or transfer to a new position with different responsibilities and, on request, provide the pay range to employees who already hold that position or to an applicant for the position.

'Pay range' refers to the annual salary range or hourly wage range that the employer reasonably and in good faith expects to pay for the position.

Employers cannot discriminate or retaliate against any employee or applicant for action taken to enforce rights under the Act.

Employers with at least 100 employees at any time during the prior calendar year and who are subject to EEO-1 data report filing requirements must submit aggregate wage data reports to the Massachusetts Executive Office of Labor and Workforce Development by February 1, 2025. An employer who violates this section will be punished by a warning for the first offense, by a fine of not more than USD500 for the second offense and by a fine of not more than USD1,000 for the third offense (with additional remedies for subsequent violations).