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Massachusetts Pay-Range Posting Rules Take Effect Oct. 29; Delaware Law Follows in 2027 With Benefits Disclosure

Fresh guidance in Massachusetts defines who is covered, how remote roles are counted and how violations will be enforced.

Overview

  • Massachusetts now requires employers with an average headcount of 25 or more whose employees’ primary place of work is in the state to include a good‑faith pay range in job postings, with remote telecommuters counted under that test.
  • Postings must state the expected salary or hourly range; benefits need not be listed in Massachusetts, but commission or piece‑rate roles must include the expected commission or piece‑rate range.
  • Employers must also provide pay ranges to applicants for specific roles, to current employees upon request for their positions, and automatically when offering promotions or transfers.
  • The Massachusetts Attorney General will enforce the law with anti‑retaliation protections, no private right of action for postings, escalating penalties from a warning up to $25,000, and a two‑business‑day cure period through October 29, 2027.
  • Delaware’s newly signed law applies to employers with more than 25 employees starting September 2027 and will require postings to include pay ranges plus a general description of benefits, with DOL enforcement, an initial written warning, fines of $500 to $10,000 for later violations, and exceptions for immediate temporary hires, third‑party reposts, and roles under current CBAs.