Deadline to Implement Pay Range Transparency Disclosures in Massachusetts Rapidly Approaching

A key component of the Massachusetts Pay Transparency Act will take effect on October 29, 2025, when many employers will be required for the first time to disclose the “pay range” of jobs in Massachusetts. 

Which Employers Are Covered by the Act’s Disclosure Requirements?

The Act’s disclosure requirements apply to any employer that employs 25 or more employees in Massachusetts. According to the Massachusetts Attorney General’s Office (which enforces the Act), employees who have a “primary place of work” in Massachusetts must be included in this headcount. Massachusetts is an employee’s “primary place of work” if the employee spends more time in Massachusetts than in any other single state. For instance, an employee who spends 40 percent of their time in Massachusetts, 30 percent in Rhode Island, and 30 percent in Connecticut is considered to have their primary place of work in Massachusetts. All employees, including full-time, part-time, seasonal, and temporary employees must be included in the headcount.

Employers must calculate their headcount once per year, as an average over all payroll periods of that year. According to the Attorney General’s Office, employers should do this by adding the number of employees on the payroll during each pay period of the year and dividing by the number of pay periods. 

The Disclosure Requirement

Starting October 29, 2025, employers will be required to disclose the “pay range” for a “particular and specific employment position” in three circumstances: (1) in an advertisement or job posting intended to recruit job applicants for the position; (2) to an employee who is offered a promotion or transfer to a new position with different job responsibilities; or (3) upon request, to an employee holding the position or an applicant for the position. Anyone applying for a job is considered an “applicant” even if they are not otherwise qualified for the job. 

The Act applies to any position for which the primary place of work is expected to be Massachusetts. Because this includes positions that can be performed remotely to a Massachusetts worksite, employers should take care to provide disclosures for remote positions reporting to a Massachusetts location.

What Is a “Pay Range”?

The “pay range” that must be included in the disclosure is the minimum and maximum salary or hourly rate for the position that the employer reasonably and in good faith believes at the time of the posting it would pay for the position. If the position includes a piece rate or commission, the employer should include the piece rate or commission rate in the posting. 

Penalties for Noncompliance 

The Act provides employers with opportunities to cure non-compliance with the law prior to incurring monetary penalties. The Attorney General’s Office will send a “Notice to Cure” to employers not in compliance with the Act. Until October 29, 2027 (two years from the date the disclosure requirement takes effect) employers will have two business days from their receipt of a Notice to Cure to remedy non-compliance with the Act. 

An employer that fails to cure non-compliance within two business days will be subject to the following penalties:

• Warning for the first offense;
• A fine of not more than $500 for the second offense;
• A fine of not more than $1000 for the third;
• A fourth or subsequent offense shall be subject to paragraphs (1) and (2) of subsection (b) of General Laws Chapter 149, Section 27C.

Reminder: EEO Reporting to the Attorney General’s Office Required 

The Act requires that employers with 100 or more employees with a primary place of work in Massachusetts in the prior calendar year submit their EEO-1 report to the Massachusetts secretary of state by February 1 each year. The link to submit the report can be found here.