Mass. Gen. Laws ch. 149 § 105F

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session
Section 149:105F - [Effective 10/29/2025] Salary range transparency
(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Covered employer", any employer, public or private, that employs 25 or more employees in the commonwealth.

"Pay range", the annual salary range or hourly wage range that the covered employer reasonably and in good faith expects to pay for such position at that time.

"Posting", any advertisement or job posting intended to recruit job applicants for a particular and specific employment position, including, but not limited to, recruitment done directly by a covered employer or indirectly through a third party.

(b) A covered employer, or its agent, shall disclose the pay range for a particular and specific employment position in the posting of the position.
(c) A covered employer, or its agent, shall provide the pay range for a particular and specific employment position to an employee who is offered a promotion, or transfer, to a new position with different job responsibilities.
(d) A covered employer, or its agent, 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 unlawful for a covered employer to discharge or in any other manner retaliate or discriminate against any employee or applicant because the employee or applicant has:
(i) taken action to enforce their rights pursuant to this section;
(ii) made any complaint to their employer, an agent of their employer or the attorney general regarding an alleged violation of this section;
(iii) instituted, or caused to be instituted, any proceeding under this section; or
(iv) testified or is about to testify in any such proceeding.
(f)
(1) The attorney general shall have the exclusive jurisdiction to enforce subsections (b) to (d), inclusive, 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, by a fine of not more than $500 for the second offense and by a fine of not more than $1,000 for the third offense. A fourth or subsequent offense shall be subject to paragraphs (1) and (2) of subsection (b) of section 27C.
(2) For enforcement pursuant to paragraph (1), an offense shall include 1 or more job postings for positions made by the same employer during a 48-hour period.
(3) No violation of this section shall be construed to carry treble damages pursuant to section 150.

Mass. Gen. Laws ch. 149, § 149:105F

Added by Acts 2024, c. 141,§ 7, eff. 10/29/2025.
See Acts 2024, c. 141, § 10.