Massachusetts
In the state:
1. Is there an existing salary history ban (prohibiting employers from asking about prior salary(ies))? If so, what is the name of the State law that establishes that ban?
Yes. In accordance with the Massachusetts Equal Pay Act employers are prohibited from asking about an applicant's salary history until after an offer of employment with compensation has been made.
2. Is there a legal obligation to publish salaries when advertising roles internally or externally? If so, what is the requirement and what is the name of the State law that establishes that requirement?
Not currently, but see 7. Below.
3. Is there a duty on employers to report on any gender pay differences? If so, what is the name of the State law that establishes that duty?
Yes, since 1 February 2025, public and private employers with 100 or more employees in Massachusetts at any time during the prior calendar year who are also subject to federal wage data reporting requirements must submit an equal employment opportunity and wage data report to the Secretary of the Commonwealth. This includes demographic and pay data by race, ethnicity, sex, and job category.
4. Is there a duty on employers to report on any other pay (eg. ethnicity or disability etc.) differences? If so, what is the name of the State law that establishes that duty?
See 3. above. There is no requirement to report pay gaps between disabled and non-disabled workers, the primary focus being on race, ethnicity, and sex.
5. Are employers required to take steps to reduce any identified pay gap?
The Massachusetts Equal Pay Act aims to eliminate gender-based wage disparities and ensure fair compensation practices. Employers can therefore face liability if they fail to take steps to reduce any pay gap in circumstances where such differences cannot be justified based on permissible pay differences.
6. Where there is a duty to report on any pay difference:
- What is the required frequency of reporting? The equal employment opportunity and wage data report must be submitted annually.
- What are the requirement triggers (e.g. employee headcount)? See 3. above.
- Is the report required to be published externally? No. The Executive Office of Labor and Workforce Development compiles the data, then publishes an aggregated report broken down by industry sector.
- Is there any sanction for non-compliance? Penalties for non-compliance can range from a warning for a first offense to fines up to $25,000 for subsequent offenses.
7. Is there any pending legislation relating to pay transparency? If so, what is the current position?
Yes, on July 31, 2024, Governor Maura Healey signed into law the Act Relative to Salary Transparency. Of the changes that have not yet come into force, starting October 29, 2025, public and private employers with 25 or more employees in Massachusetts must:
- disclose pay ranges in job postings
- provide pay ranges of positions to employees who are offered promotions or transfers to new positions with different job responsibilities
- on request, provide the pay range to an employee who already holds an employment position or to an applicant for such position
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