Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
Massachusetts’ Executive Office of Labor and Workforce Development (LWD) recently published FAQs that provide guidance on the state’s new pay transparency law, formally titled the Frances Perkins Workplace Equity Act. The Act requires employers with 100 or more employees to submit their EEO-1 reports to the Commonwealth by February 1 of each year. LWD’s recently published FAQs clarify key components of the Act and provide guidance to employers regarding their reporting obligations.
EEO-1 Forms Must Be Submitted Through the State’s Online Portal by February 3, 2025
Employers with 100 or more employees must submit their most recently filed federal Employment Information Report (EEO-1 Report) to the Commonwealth by February 1, 2025. Massachusetts has not published its own EEO form. Instead, according to the FAQs, employers should submit the same federal EEO-1 Report that they filed with the EEOC during the most recent calendar year.
Employers will be required to submit EEO-1 Reports through an online portal, which is not yet available. Because February 1 lands on a Saturday, reports will be accepted until February 3, 2025.
Wage Data Not Required
Employers are not required to submit W-2 income earnings data by race/ethnicity, sex, and job category to the state. The federal government has not collected this data through “Component 2” of the EEO-1 form since 2018. Because Massachusetts’ pay transparency law is designed to mirror the EEOC’s reporting requirements, the Commonwealth will not require wage data at this time. However, the Commonwealth will require this information if the EEOC requires it again in the future.
Save the Date: October 29, 2025 - Salary Ranges Required
The Act also requires Massachusetts employers to disclose salary ranges for most employment postings by October 29, 2025. We expect the Commonwealth to issue guidance regarding this requirement in the coming months.
Be Prepared
The deadline for Massachusetts employers to file their EEO-1 Reports with the state is just a few weeks away. Employers should check the state’s website periodically for the go-live date of the EEO-1 submission portal and retrieve their EEO-1 forms now to ensure compliance by February 3, 2025. Littler will provide additional updates on the Act as more information becomes available.
