Salary Transparency Laws in Massachusetts: What Employers Must Disclose

Federal law does not generally require employers to disclose salary ranges in job postings. The Equal Pay Act, 29 U.S.C. § 206(d), prohibits gender-based wage discrimination but does not mandate transparency about compensation ranges.

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., governs minimum wage and overtime but contains no salary disclosure requirements. Executive Order 14026 directs federal contractors to disclose pay ranges, but this applies only to employers with federal contracts exceeding $15,000.

The EEOC enforces pay discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, but does not proactively require salary transparency. Several states have adopted salary range transparency laws similar to Massachusetts, but Massachusetts was among the first to implement a comprehensive statewide mandate. Without federal requirements, Massachusetts's law represents a significant state-level deviation protecting worker access to compensation information.

Massachusetts General Laws chapter 149, section 24L establishes one of the nation's broadest salary transparency requirements. This state law is substantially stronger than federal law because it mandates proactive disclosure rather than reactive compliance.

The law requires all employers with one or more employees to include the salary range in all job postings, whether posted internally, externally, online, or in print. The range must reflect the compensation the employer reasonably expects to offer the successful applicant for the position. This applies to all positions, including remote work, contract positions, and part-time roles. Employers may not exclude positions based on tenure or experience level.

Under M.G.L. chapter 149, section 24L, employees and applicants can request the range of compensation available for their position at any time, and employers must provide this information. The law explicitly permits employees to discuss wages with coworkers and prohibits retaliation under section 24M. Unlike federal law, which requires proof of discriminatory intent to establish pay equity violations, Massachusetts focuses on transparency as a preventive mechanism.

Employers covered under this law cannot use prior salary history as a justification for pay ranges, and they cannot restrict applicants from discussing compensation. Violations are enforced by the Massachusetts Attorney General and can result in civil penalties of up to $5,000 per violation, with each job posting or failure to provide requested wage information constituting a separate violation.

Massachusetts salary transparency law contains limited exceptions. The law explicitly does not apply to positions filled internally without external posting, though employers must still disclose ranges to internal applicants requesting the information.

Employers may adjust salary ranges based on legitimate factors including education, experience, skills, and geographic location, provided these adjustments are applied consistently. However, adjustments cannot be based on prior salary history or discriminatory factors.

The law does not preempt collective bargaining agreements that establish specific wage scales. Unionized employees remain subject to negotiated compensation structures, though employers must still disclose the range applicable to the bargaining unit position.

Federal contractors subject to Executive Order 14026 have separate, more stringent requirements and should comply with both federal contractor rules and Massachusetts law, whichever is more protective. Independent contractors and certain volunteer positions may fall outside the definition of 'employees,' though Massachusetts courts interpret this narrowly.

Employers are not required to disclose individual employee compensation or specific bonuses beyond the stated range, only the range of compensation available for the position. Part-time, temporary, and contract positions are fully covered and cannot be exempt from disclosure.

Critically, there is no exception for 'competitive concerns' or market conditions. Employers cannot withhold ranges based on claims that transparency harms recruitment or competitiveness. The law assumes transparency benefits workers and the labor market overall.

Step 1 — Document all communication. Keep screenshots of job postings that lack salary ranges. Save emails or messages requesting compensation information that went unanswered. Retain your own salary history documentation and any comparative wage information showing disparity. Photograph postings on the employer's website, LinkedIn, Indeed, or internal job boards. Document the date of each posting and whether a range was omitted or provided.

Step 2 — Request compensation information in writing. Send an email to your HR department or hiring manager requesting the salary range for your position or the position you applied for. Use clear language: 'Please provide the range of compensation available for this position.' Keep a copy of this request and the date sent. If no response is received within five business days, send a follow-up email. Document any response or lack thereof, and whether the employer retaliated after your request (e.g., discipline, exclusion, negative performance review).

Step 3 — File with the Massachusetts Attorney General. The Attorney General's Office enforces salary transparency violations. Submit a complaint through the Consumer Protection Division or file with the Fair Labor Division. Include: (1) employer name and address, (2) the job posting date and posting location, (3) your request for compensation information if applicable, (4) screenshots or copies of the job posting, (5) the date range was requested and employer response, (6) any documentation of retaliation. You can file online at mass.gov/office-of-attorney-general or call 617-727-8400. There is no statutory filing deadline, but filing within 90 days of the violation strengthens your case.

Step 4 — Expect investigation and response. The Attorney General's office will review your complaint and determine whether to investigate. If investigation is warranted, the office will contact the employer and request documentation, compliance history, and job posting records. This process typically takes 30–90 days. You may be asked for additional information. The employer will have opportunity to respond and provide evidence of compliance. The Attorney General may pursue civil action seeking penalties up to $5,000 per violation if a violation is substantiated.

Step 5 — Consider private attorney consultation. If retaliation occurs after your complaint or request, consult an employment law attorney immediately. Massachusetts recognizes implied retaliation claims under M.G.L. chapter 149, section 24M, and a breach could result in additional damages. An attorney can evaluate whether your case involves wage discrimination (which carries broader remedies), violation of wage and hour law, or retaliation. Many employment attorneys offer free initial consultations and work on contingency. Look for counsel specializing in employment discrimination and wage law.