Reminder: Massachusetts Salary Range Disclosure Requirements Take Effect in October | Epstein Becker & Green

Last year, Massachusetts joined the growing list of states with pay equity legislation by passing an Act Relative To Salary Range Transparency (the “Law”).

As we previously reported, the pay data reporting requirements of the Law went into effect earlier this year, requiring most large private employers to submit annual wage data reports to the Commonwealth. Employers need to be prepared to comply with the Law’s pay range disclosure requirements going into effect next month.

Salary Range Disclosure

Beginning October 29, 2025, covered employers must disclose hourly or annual pay ranges:

• in all job postings, including those posted by a third party;
• to employees who are offered a promotion or transfer to a new position with different job responsibilities; and
• upon request, to the employee currently holding a position or an applicant to a position.

If the position is paid on a piece rate or commission basis, the employer should include in the job posting the piece rate or commission range the employer reasonably expects to pay for the position.

Who is a Covered Employer?

A “covered employer” under the  Law is any employer with 25 or more employees whose primary place of work was in Massachusetts during the prior calendar year. The definition of “primary place of work” is consistent with the Massachusetts Earned Sick Time law, and generally means the location where the employee performs most of their work for their employer. This includes remote employees who physically work in Massachusetts but report to an out-of-state employer, and remote employees who physically work outside of Massachusetts but report to an employer in Massachusetts.

Employers should calculate their headcount annually by adding the number of Massachusetts employees — including full time, part-time, seasonal, and temporary employees — who are on the payroll during each pay period of the year, and dividing the sum by the number of pay periods. 

Key Takeaways for Employers

To prepare for the new requirements taking effect, employers should:

• Calculate their headcount to determine whether the Law applies to their workforce;
• Review guidance released by the Massachusetts Attorney General’s Office;
• Consider a pay equity audit;
• Educate staff on the disclosure and anti-retaliation requirements of the Law; and
• Review hiring protocols and all job postings and advertisements to ensure inclusion of required pay range information for each position advertised on or after the Law’s October 29, 2025 effective date.

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