Workforce Data Reporting FAQs

Frequently asked questions about the Massachusetts Salary Range Transparency Act and new EEO reporting requirements.

On July 31, 2024, Governor Healey signed into law An Act Relative to Salary Range Transparency, now Chapter 141 of the Acts of 2024. This Act includes a new workforce data reporting requirement applies to employers with 100 or more employees in Massachusetts. 

The Executive Office of Labor and Workforce Development in collaboration with the Secretary of State’s Office will implement this provision of the new law. 

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Since 1966, the U.S. Equal Employment Opportunity Commission (EEOC) has required certain private employers to submit a workforce demographic data report on an annual basis. This is usually referred to as an EEO-1 report. The EEOC also requires other types of employers to submit similar reports, which include Local Union Reports (EEO-3), State and Local Government Reports, (EEO-4); and Elementary-Secondary Staff Information Reports (EEO-5).

What is new? 

Under the new Massachusetts law, covered employers are required to submit a copy of their most recent EEO report to the Commonwealth as well as the EEOC. 

Who is considered a covered employer? 

Employers with 100 or more employees in the Commonwealth at any time during the prior calendar year. 

How do I submit the report? 

Covered employers will submit the report to the Secretary of State’s office through a web portal. Reports will be accepted in PDF, JPG or PNG format. 

When is the filing deadline?

The initial EEO-1 report is due by February 1, 2025, and annually on the same date thereafter. If the deadline falls on a weekend or holiday, it will be extended to the next business day. Since February 1st falls on a Saturday this year, reports will be accepted until Monday, February 3, 2025. The other EEO reports are due by the same deadline but on a biennial basis: EEO-3 and EEO-5 this year, and EEO-4 next year.

Do I need to create a new report or make changes to my existing report?

No. If you are a covered employer, you file the same copy of the EEO report you filed with the EEOC.

Which year’s EEO-1 report am I supposed to file?

You should file the most recent report, which is typically for the previous calendar year’s report, unless EEOC adjusts its own filing deadlines. In all cases. the filing deadline for Massachusetts remains February 1st annually.

What is Component 2 of the EEO-1 report and is it required now?

No, filing Component 2 of the EEO-1 report is not currently required. Previously, the EEOC added a second component to their EEO-1 report, which collected data on W-2 income earnings (aggregated into pay bands) by race/ethnicity, sex, and job category. This data was collected for the 2017 and 2018 calendar year, but has not been required since then. The Massachusetts statute was drafted to mirror EEOC reporting requirements. If the EEOC decides to re-implements Component 2 in the future, it would also become part of the required filing in Massachusetts.

The EEOC requires certain federal contractors with 50 or more employees to file an EEO-1 report. If I am in that category, do I need to file with Massachusetts as well?

No, the Massachusetts law only applies to employers with 100 or more employees. See Chapter 141 of the Acts of 2024.

What is being done with this data?  

The Executive Office of Labor and Workforce Development will compile this data, then publish an aggregated report broken down by industry sector (NAICS code).

Is my company’s individual data going to be made public?

No. Only aggregated data will be published. Under the statute, individual reports are not considered public records.

When will the aggregate data be published?

The Executive Office of Labor and Workforce Development will publish the inaugural wage and workforce data report by June 1, 2025.

If I am a large, muti-state employer, which version of the EEO-1 report should I file?

If you are a muti-state employer you should file an EEO-1 report that covers your Massachusetts establishments. There is no requirement to create an additional EEO-1 report solely for Massachusetts filing purposes. Accordingly, covered employers may elect to submit a copy of their consolidation report, headquarter report, establishment report, or a similar successor report as required by the EEOC, as long as it covers all Massachusetts establishments.

What else is included in this new law?

Chapter 141 of the Acts of 2024 also adds a new salary range disclosure requirement for most employment job postings, set to take effect on October 29, 2025. Additional information will be provided at a later date. 

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