Several changes to Massachusetts law may require employers to review and edit their current practices and policies:
PAY RANGE DISCLOSURE
Beginning October 25, 2025, employers (with 25 or more employees, who work from or in Massachusetts) have new obligations related to providing pay ranges.
Job Postings
Employers must disclose the anticipated pay range for a Massachusetts position in any advertisement or job posting. This includes positions (i) located in the state, (ii) tied to a worksite within the state, or (iii) performed remotely by an employee located within the state. It is important to note that the employer’s obligations extend to job postings or advertisements that are posted or maintained by third parties (i.e., LinkedIn, Indeed, third-party recruiters, etc.).
Prospective Employees/Applicants
Employers must provide prospective employees with the anticipated pay range for a position (i) upon request, (ii) when they apply, or (iii) when they begin a position with the company. This applies to anyone who applies regardless of qualification for the position.
Current Employees
Employers must provide current employees with the anticipated pay range for a position when they (i) are promoted, (ii) begin a new position, or (iii) are transferred. Current employees may also request the pay range for their current position.
EQUAL EMPLOYMENT OPPORTUNITY (EEO) REPORTS
Pursuant to the Pay Transparency Law, Massachusetts employers, who are already required by the Equal Employment Opportunity Commission (EEOC) to file EEO reports, must also submit those EEO reports to the secretary of the Commonwealth. A link to the submission portal can be found here.
Employers must file EEO-1 reports annually by February 1st of each year. Employers only have to submit other EEO reports (EEO-3, EEO-4, and EE0-5) every other year, starting with EE0-3 and EE0-5 in 2025. Employers are not required to file EEO-2.
The law does not create a private right of action. The Attorney General’s Office has exclusive authority to investigate complaints and issue penalties for noncompliance. Until October 29, 2027, covered employers will have two business days to correct any violation upon receiving a notice to cure from the Attorney General’s Office. If the defect is cured within that timeframe, no penalty will result.
LIE DETECTOR LAW
Massachusetts law prohibits employers from administering lie detector tests as a condition of employment, whether during the application process or continued employment. The law broadly defines “lie detector” as any “device, mechanism, instrument or written examination… [used] to assist in or enable the detection of deception, the verification of truthfulness, or the rendering of a diagnostic opinion regarding the honesty of an individual.”
As a result, employers should review their current application and interview processes to determine if they use traditional lie detector tests or artificial intelligence systems that otherwise gauge an applicant’s honesty.
Additionally, the law requires employers to provide notice of this prohibition by posting the following language in all job postings and applications: “It is unlawful in Massachusetts to require or administer a lie detector test as a condition of employment or continued employment. An employer who violates this law shall be subject to criminal penalties and civil liability.”
Employers should ensure that the notice is included in all applications, regardless of whether the application is a hard copy or online submission. Because the law does not define “application,” employers should also proactively provide the notice language to any person who could be considered an applicant, particularly if the employer does not have a typical job application process.
The law creates a private right of action, which has recently been the basis of class action lawsuits.
If you have any further questions regarding the above Massachusetts state employment updates, please contact a member of Barton’s Labor & Employment team.