Massachusetts Pay Transparency Law: Key Updates Regarding Job Posting Requirements Effective October 29, 2025

As we approach the October 29, 2025 effective date for employers to ensure compliance with Massachusetts’s new pay transparency law, An Act Relative to Salary Range Transparency (the “Act”), we write to highlight the guidance that the Office of the Attorney General published since our most recent update here.

Below is a comprehensive summary of the Act’s original provisions and the latest updates.

The Act will require covered employers in Massachusetts to join the growing list of states requiring some form of pay transparency in covered job postings. 

When are the Pay Transparency Components of the Act Effective? October 29, 2025

Who are Covered Employers? Applies to all employers (public and private) with 25 or more employees whose “primary place of work” is in Massachusetts.

• According to the Commonwealth, the “primary place of work” determination will track the same analysis as under the Massachusetts Earned Sick Time Law. Under this guidance, this calculation includes remote employees who live in Massachusetts but telecommute outside of Massachusetts, as well as employees who live outside of Massachusetts but telecommute into Massachusetts for work.
• The calculation of the number of employees will be based on the average payroll across all pay periods in the prior calendar year.

What are the Key Requirements?

• Job Postings: Requires disclosure of “pay range” in all internal and external job postings, including postings made on third-party sites or through recruiters.
• Pay Range:
  • “Annual salary range or hourly wage range” that an employer “reasonably and in good faith expects to pay for such position.”
  • Benefits and bonus information does not need to be included.
  • However, based on updated guidance from the Commonwealth, if an employee’s pay is based on “piece rate or commission, then the piece rate or commission range the employer reasonably expects to pay for the position must be included in the job posting.”
• Additional Disclosures: Pay ranges must also be disclosed in the following instances:
  • To Applicants: The pay range of the specific position must be disclosed to an applicant who applies for such specific position. Guidance from the Commonwealth clarifies that a person does not have to be qualified for the position to be considered an “applicant” which means that nearly anyone can be a plaintiff and makes it even more important that employers comply with the law’s requirements. While not expressly stated, implicit in the guidance is that there must be a specific position for which the employer is hiring in order for someone to be an “applicant” for the position.
  • Upon Request: The pay range must be disclosed if an employee, who holds a particular position, requests the pay range information for their particular position.
  • Promotion/Transfer: The pay range must be disclosed if an employee receives a promotion or transfer to a new position with different job responsibilities.

How are the Pay Transparency Provisions Enforced?

• Employers are prohibited from retaliating against employees or applicants for seeking pay range information under the Act or otherwise enforcing their rights or participating in proceedings under the Act.
• Enforcement is handled by the Attorney General’s Office.
• There is no private right of action for posting violations.

What are the Penalties for Noncompliance?

• Violations of the Act are not deemed violations of the Massachusetts Wage Act (i.e., there are no treble damages).
• Penalties range from written warnings to fines (a warning for a first offense, up to a $500 fine for a second offense; up to a $1,000 fine for a third offense, and up to $25,000 for fourth and subsequent offenses).
• Employers have a two-business-day cure period through October 29, 2027, which reflects the Commonwealth’s goal to see employers come into compliance without penalty. Employers who receive notices from the Commonwealth should consult with counsel about how to respond, and if appropriate, revise and repost.
• The Act also empowers the Attorney General’s office to seek injunctive relief to ensure employer compliance.

What about Pay Reporting?

• Since February 1, 2025 (and continuing annually, and for certain employers biannually), Massachusetts employers are obligated to submit their EEO and pay data to the Massachusetts Executive Office of Labor and Workforce Development.
• Reports must mirror federal EEO-1 filings and include data by race, ethnicity, sex, and job category.

Recommended Employer Actions

In consultation with counsel, covered businesses can begin taking these steps:

• Because current employees can request the pay range for their own positions, even if there is no current job opening, employers should begin to develop and calculate a pay range for each current role in the business that reflects the range the employer reasonably expects to pay for each position. The same process should be done for prospective roles to use in upcoming job postings.
• While reasonableness may depend on the specific facts and circumstances of the business and the role, a range should be grounded in factors such as concrete data, such as the current salary, hourly rate, or commission range for a position, the current salary, hourly rate, or commission range for positions just above and/or below the position being posted, market data reflecting what other employers in similar industries in the same location are advertising for the same or similar position, and internal information, like the budget for the position.
• Develop a process to consistently post the required information in job postings through both internal and external channels.
• Develop a training for all employees involved in the recruitment process, including those who may post informal social media postings alerting applicants to job opportunities.
• Draft proposed language to include the requisite pay range information, including any necessary disclaimers regarding the posted pay range (i.e., the advertised pay range is not a promise of a particular wage).
• Consider and prepare to answer questions from both employees and applicants regarding pay ranges and other information relevant to the position and circumstances. For example, employers should be prepared to explain why an individual applicant or employee qualified for salary on the lower range of the pay scale. Regarding existing employees, consider whether a proactive communication regarding their salary as compared to the advertised pay ranges makes sense.
• Consider conducting a pay audit with counsel to determine whether salary adjustments should be made prior to the publication of salary information.
• Prepare appropriate processes to compile the demographic and wage information required for the wage data report due by February 1 of each year. 

Mintz’s Employment Practice will continue to monitor updates, including any clarification around open questions, and stands ready to assist with any pay transparency questions or compliance concerns you may have.

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