February 2, 2026 Deadline Approaching for Massachusetts Pay Data Reporting

In July 2024, Massachusetts enacted An Act Relative to Salary Range Transparency (the “Act”), introducing new pay transparency and workforce reporting obligations for employers operating in the Commonwealth. We previously wrote about the Act here, here, and here.

EEO Reporting Requirements

Per the Act’s reporting obligations, employers with at least 100 employees in Massachusetts at any time in the prior calendar year who are already subject to federal EEO disclosures must submit their federally compliant EEO reports to the Commonwealth on an annual basis. 

The EEO-1 report is due by February 2, 2026 (extended by one day because February 1 falls on a Sunday). Employers must make their submissions in PDF, JPEG, or PNG format through the Secretary of State’s online portal, linked here. The statute permits submission of an employer’s federally compliant EEO report, meaning no revisions or Massachusetts‑specific versions are required. 

Although the federal EEO‑1 filing deadline for the upcoming cycle has not yet been announced, employers must still comply with Massachusetts’ February 2, 2026 submission deadline. Submitted reports must include the same workforce demographic information required at the federal level, including job category, race/ethnicity, and sex data for all covered employees. Massachusetts does not require Component 2 pay data (i.e., collected data on W-2 income earnings (aggregated into pay bands) by race/ethnicity, sex, and job category) unless and until the EEOC reinstates that requirement on the federal level.

In addition to the EEO‑1 report, the EEO‑3 and EEO‑5 reports are due on a biennial basis, as is the EEO‑4 report but on an alternating cycle. This year, the EEO‑4 report is due by February 2, 2026, and the EEO‑3 and EEO‑5 reports will be due next year by February 1, 2027. 

The Commonwealth will then aggregate the collected EEO and pay data. The Executive Office of Labor and Workforce Development, as required by the Act, will publish the statewide aggregated wage and workforce data by June 1, 2026. The 2025 Report is available here.

Massachusetts Pay Transparency Requirements (Now in Effect)

As a reminder, as of October 29, 2025, Massachusetts’ salary range disclosure requirements are fully in effect. Public and private employers with 25 or more employees whose primary place of work is in Massachusetts (including remote employees tied to a Massachusetts worksite) must now disclose the good‑faith pay range in all internal and external job postings, and must provide pay ranges to current employees upon request or in connection with promotions or transfers. These obligations apply to Massachusetts‑based positions, including remote roles tied to a Massachusetts worksite. 

Mintz’s Employment Practice continues to monitor state guidance and remains available to assist with compliance questions, implementation strategies, and audits of pay transparency practices.

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