What Employers Must Know About Salary Range Transparency Law
Out in the Open
By Michael Lewis, Esq.
On Oct. 29, Massachusetts’ pay transparency law took effect. Employers must post a good-faith pay range for each specific position and provide that range to applicants and employees on request. Larger employers must also submit workforce equal employment opportunity (EEO) data to the state.
Actions to take now: Set credible pay ranges, update posting templates, train managers and recruiters, and calendar your EEO data submission.
Posting and disclosure duties apply if you averaged 25 or more Massachusetts employees last year. Count all employees whose primary place of work is Massachusetts, including full-time, part-time, seasonal, and temporary workers. Include remote employees tied to a Massachusetts worksite and out-of-state employees who report to or are assigned to a Massachusetts base. Determine coverage once a year by averaging headcount across all pay periods. The separate EEO data reporting duty applies to employers with 100 or more Massachusetts employees that already file EEO reports with the Equal Employment Opportunity Commission (EEOC).
Your postings must show a real pay range for Massachusetts roles. Every advertisement or job posting for a particular and specific position with a Massachusetts primary place of work must list a range you reasonably expect to pay at the time of posting. Third-party and agency postings count. If pay is by commission or piece rate, include the expected commission or piece rate range. The law does not require listing benefits or bonuses.
You also must disclose ranges to applicants and current employees. Upon request, give any applicant the range for the posted position. Give current employees the range when you offer a promotion or transfer, and upon request for their own position, even if no vacancy exists. Make sure managers know who answers these requests and how.
“Every advertisement or job posting for a particular and specific position with a Massachusetts primary place of work must list a range you reasonably expect to pay at the time of posting.”
‘Primary place of work’ reaches remote and hybrid setups. If a role reports to or is assigned to a Massachusetts worksite, treat it as covered, even when the individual works outside the state. If the role can be performed in Massachusetts, assume the posting rule applies.
Enforcement sits with the attorney general; there is no private lawsuit. Expect a warning for a first violation, then escalating civil penalties. Through Oct. 29, 2027, you get two business days to cure after a notice. Retaliation against applicants or employees who seek ranges or complain about violations is prohibited.
Large employers must submit EEO workforce data to the Commonwealth. If you file EEO-1 (or EEO-3/4/5, as applicable) with the EEOC, you must transmit the same reports to the Secretary of the Commonwealth on the state schedule. The state will publish aggregate industry reports; individual employer submissions are not public records.
Seven Practical Steps to Get Compliant Quickly
• Decide coverage. Run the 25-employee average using last year’s payroll periods. Flag multi-state and remote roles tied to Massachusetts.
• Map positions. List all ‘particular and specific’ jobs in Massachusetts, including internal ladders and common transfer paths.
• Set ranges now. Build good-faith minimums and maximums for each position using market data, internal equity, geography, and level. Avoid inflated bands that you would not actually pay.
• Standardize postings. Add a salary-range line to every template and require recruiters and agencies to include it. For social posts, link to the full posting with the range.
• Train managers and recruiters. Give a script for handling range requests. Remind teams not to ask for salary history until after an offer. Reinforce anti-retaliation.
• Document and monitor. Keep a living list of ranges, the date set, the factors considered, and the owner. Review at set intervals and after material changes.
• Calendar the data filings. If you file EEO reports federally, calendar the Massachusetts submission dates and designate the filer.
Templates You Can Use Today
Required range line for postings: “Pay range for this role: $__ to $__ per year [or $__ to $__ per hour]. Actual pay will reflect skills, experience, and job-related factors. This role [includes commission with an expected range of $__ to $__ ] is paid by piece rate with an expected range of $__ to $__].”
Applicant range request response: “Thank you for your interest. The pay range for the [position] is $__ to $__ [plus commission/piece rate as posted].”
Employee request for current position: “The current pay range for your position, [position/title/level/location], is $__ to $__. We review ranges on [cadence] based on market data, skills, and responsibilities.”
Common Questions from Employers
Do we need to update a posting if the range changes during the search? Post the range you reasonably expect to pay when you publish the posting. If your range materially changes during the search, update the posting and your internal file.
Do we need to include bonuses or benefits? No. List the base salary or hourly range. Include commission or piece-rate ranges if those pay forms apply.
Do internal promotions without a posting trigger disclosure? Yes. Provide the range when offering a promotion or transfer.
Do we have to share ranges for every job on demand? Applicants get the posted position’s range on request. Employees get their own position’s range on request, even when no opening exists.
How should we handle multi-state postings? If the role could be filled by someone whose primary place of work is Massachusetts — or the role reports to a Massachusetts worksite — include a Massachusetts-compliant range.
Key Dates and Thresholds at a Glance
• Oct. 29, 2025: Salary-range posting and disclosure duties began for employers with 25 or more Massachusetts employees.
• Feb. 1, 2026 (EEO reporting): EEO-1 due annually; EEO-3 and EEO-5 due in odd-numbered years; EEO-4 due in even-numbered years — only for employers that file these reports with the EEOC.
• Through Oct. 29, 2027: Two-business-day cure period after a notice from the attorney general.
Why Act Now?
Pay ranges will surface internally and externally. Employees will compare. Posting ranges that you cannot defend invites morale issues and legal risk. You control the narrative by setting credible bands, training your teams, and responding cleanly to requests.
Michael Lewis is an attorney with the Commercial Litigation Group at Halloran Sage, handling complex business and employment disputes for a wide range of clients in industries including healthcare, manufacturing, retail, and technology.
