by JPeters | October 24, 2025 10:58 am
The new law requires the inclusion of pay ranges in job postings
Starting October 29, 2025, employers subject to the Massachusetts Wage Transparency Act[1] (the “Act”) must include pay ranges in Massachusetts job postings and provide pay range information to applicants and current employees upon request. The requirements apply to both internal and external postings, including postings made through third parties (i.e., recruiters and job boards). The Act also covers remote positions that report to a Massachusetts worksite.
The Requirements
Under the Act, also known as An Act Relative to Salary Range Transparency[2], covered employers must:
The Act defines pay range as the “annual salary range or hourly wage range that the covered employer reasonably and in good faith expects to pay for a position at the time.” The Act only requires pay range disclosures in job postings for positions where the primary place of work will be Massachusetts. This includes positions that will be performed remotely to a Massachusetts worksite. If employed by a covered employer, remote workers with a primary place of work in Massachusetts are also covered by the Act.
Covered Employers
The Act applies to employers that had at least 25 employees whose “primary place of work” was Massachusetts during the prior calendar year. Full-time, part-time, temporary[3], and seasonal workers are all counted as employees for purposes of this threshold.
The “primary place of work” determination will follow the same analysis as the Massachusetts Earned Sick Time Law[4]. To determine if an employer is covered by the Act, both (1) remote employees who live in Massachusetts but telecommute outside the state and (2) employees who live outside the state but telecommute into the state for work are counted towards the 25-employee threshold.
To determine coverage, employers should calculate their headcount once per year as an average over all of the payroll periods of that year.
Reporting
Separate from the job posting requirements, the Act requires larger Massachusetts employers to report pay data —federal EEO-1 workforce reports[5] — to the Secretary of Commonwealth on an annual basis. These additional requirements took effect in February 2025 and apply to employers with at least 100 employees with a primary place of work in Massachusetts.
Enforcement
The law does not create a private right of action for employees or applicants. The Massachusetts Attorney General’s Office [6] will enforce the law, and employees or applicants who believe their rights have been violated will be able to file complaints with the Attorney General’s Office. Penalties for noncompliance will range from written warnings to escalating fines for repeat offenses.
The Act also empowers the Attorney General’s Office to seek injunctive relief to ensure compliance.
Employer Actions
Employers should first determine whether they are covered by the Act and its new requirements. If covered, employers should review and update compensation policies and practices, including reviewing and establishing pay ranges for all positions. All internal and external job postings will require scrutiny — including those posted by third-party recruiters — to ensure that pay range information is presented appropriately.
Covered employers should also prepare their managers to answer questions from both employees and applicants about pay ranges. For example, why is an employee or applicant receiving a salary or salary offer at the lower end of the pay range? What kind of employees or applicants are receiving salaries at the higher end of the pay range?
For current employees, employers might consider proactive face-to-face communication about their current salary as compared to the advertised pay ranges for the position.
What Now?
In the coming months, if you receive a notice from the Commonwealth of Massachusetts concerning noncompliance, you should consult with an attorney about how to respond. Through October 29, 2027, employers will have a two-business-day cure period to come into compliance without penalty.
If you have any questions about compliance with the new law, whether your business is covered, or how other emerging pay transparency legislation across the United States affects your business, don’t hesitate to contact Orr & Reno for assistance.
Lindsay E. Nadeau[7] and Samuel R. Fuller[8]
Source URL: https://orr-reno.com/pay-transparency-laws-take-effect/
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