Mass. Gen. Laws ch. 149, sec. 105E — MA Code / Part I / Title XXI / Chapter 149 / Section 105E
Wage data reports; submission to state secretary; submission to executive office of labor and workforce development; violations
Status: in_force

Section 105E. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Covered employer'', an employer: (i) with not less than 100 employees in the commonwealth at any time during the prior calendar year; and (ii) subject to the federal filing requirements of a wage data report. ''EEO–1 data report'', a completed copy of all required components of an employer's Employer Information Report, as issued by the U.S. Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data categorized by race, ethnicity, sex and job category. ''EEO–3 data report'', a completed copy of all required components of a local union's Local Union Report, as issued by the U.S. Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data categorized by race, ethnicity, sex and job category. ''EEO–4 data report'', a completed copy of a State and Local Governmental Information Report, as issued by the U.S. Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data categorized by race, ethnicity, sex and job category. ''EEO–5 data report'', a completed copy of an Elementary–Secondary Staff Information Report, as issued by the U.S. Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data categorized by race, ethnicity, sex and job category. ''State secretary'', as defined in chapter 9. ''Wage data report'', an EEO–1, EEO–3, EEO–4 or EEO–5 data report. (b)(1) Annually, not later than February 1, a covered employer, subject to EEO–1 data report filing requirements, shall submit to the state secretary a copy of its EEO–1 data report for the prior year pursuant to section 32 of chapter 9. (2) In each odd-numbered year, not later than February 1, a covered employer, subject to federal EEO–3 data report or EEO–5 data report filing requirements, shall submit to the state secretary a copy of its EEO–3 data report or EEO–5 data report, as applicable, covering the most recent filing period pursuant to section 32 of chapter 9. (3) In each even-numbered year, not later than February 1, a covered employer, subject to federal EEO–4 data report filing requirements, shall submit to the state secretary a copy of its EEO–4 data report covering the most recent filing period pursuant to section 32 of chapter 9. (c) Annually, not later than April 1, the state secretary shall submit to the executive office of labor and workforce development the wage data reports submitted by covered employers pursuant to section 32 of chapter 9. (d) Wage data reports in the custody of the secretary of labor and workforce development shall not be considered ''public records'' as defined by clause Twenty-sixth of section 7 of chapter 4 and shall not be subject to chapter 66 or chapter 66A; provided, however, that the publishing of aggregate wage and workforce data reports, as defined in section 27 of chapter 23, by the executive office of labor and workforce development on its website pursuant to said section 27 of said chapter 23 shall be considered public records as defined by said clause Twenty-sixth of said section 7 of said chapter 4. (e)(1) The attorney general shall have the exclusive jurisdiction to enforce this section and may obtain injunctive or declaratory relief for this purpose. Any covered employer who violates this section shall be punished by a warning for the first offense, by a fine of not more than $500 for the second offense and by a fine of not more than $1,000 for the third offense. A fourth or subsequent offense shall be subject to paragraphs (1) and (2) of subsection (b) of section 27C. (2) No violation of this section shall be construed to carry treble damages pursuant to section 150.

Section 105E. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

''Covered employer'', an employer: (i) with not less than 100 employees in the commonwealth at any time during the prior calendar year; and (ii) subject to the federal filing requirements of a wage data report.

''EEO–1 data report'', a completed copy of all required components of an employer's Employer Information Report, as issued by the U.S. Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data categorized by race, ethnicity, sex and job category.

''EEO–3 data report'', a completed copy of all required components of a local union's Local Union Report, as issued by the U.S. Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data categorized by race, ethnicity, sex and job category.

''EEO–4 data report'', a completed copy of a State and Local Governmental Information Report, as issued by the U.S. Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data categorized by race, ethnicity, sex and job category.

''EEO–5 data report'', a completed copy of an Elementary–Secondary Staff Information Report, as issued by the U.S. Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data categorized by race, ethnicity, sex and job category.

''State secretary'', as defined in chapter 9.

''Wage data report'', an EEO–1, EEO–3, EEO–4 or EEO–5 data report.

(b)(1) Annually, not later than February 1, a covered employer, subject to EEO–1 data report filing requirements, shall submit to the state secretary a copy of its EEO–1 data report for the prior year pursuant to section 32 of chapter 9.

(2) In each odd-numbered year, not later than February 1, a covered employer, subject to federal EEO–3 data report or EEO–5 data report filing requirements, shall submit to the state secretary a copy of its EEO–3 data report or EEO–5 data report, as applicable, covering the most recent filing period pursuant to section 32 of chapter 9.

(3) In each even-numbered year, not later than February 1, a covered employer, subject to federal EEO–4 data report filing requirements, shall submit to the state secretary a copy of its EEO–4 data report covering the most recent filing period pursuant to section 32 of chapter 9.

(c) Annually, not later than April 1, the state secretary shall submit to the executive office of labor and workforce development the wage data reports submitted by covered employers pursuant to section 32 of chapter 9.

(d) Wage data reports in the custody of the secretary of labor and workforce development shall not be considered ''public records'' as defined by clause Twenty-sixth of section 7 of chapter 4 and shall not be subject to chapter 66 or chapter 66A; provided, however, that the publishing of aggregate wage and workforce data reports, as defined in section 27 of chapter 23, by the executive office of labor and workforce development on its website pursuant to said section 27 of said chapter 23 shall be considered public records as defined by said clause Twenty-sixth of said section 7 of said chapter 4.

(e)(1) The attorney general shall have the exclusive jurisdiction to enforce this section and may obtain injunctive or declaratory relief for this purpose. Any covered employer who violates this section shall be punished by a warning for the first offense, by a fine of not more than $500 for the second offense and by a fine of not more than $1,000 for the third offense. A fourth or subsequent offense shall be subject to paragraphs (1) and (2) of subsection (b) of section 27C.

(2) No violation of this section shall be construed to carry treble damages pursuant to section 150.