Massachusetts is in the second year of its 2-year session, formal sessions end July 31, 2024, and the session closes on December 31, 2024.
6,000 bills were filed last February, and all were heard by the committee with jurisdiction. Most did not make it past the first committee, but several bills of concern are still in play.
Salary Transparency
Both House and Senate passed legislation creating more transparency when it comes to the expected salary ranges for job positions. However, because temporary staffing agencies advertise and hire for jobs differently than most employers, we were concerned the language could be interpreted to require temporary staffing firms to do something they cannot do. Section 105E. (b) of the proposed legislation states that, “A covered employer, or agent of said employer, shall disclose the pay range for a particular employment position within the advertising or posting of the position.” The concern that we have with this language is that, while most employers hire for a specific current job opening, temporary staffing firms often post job advertisements without reference to any particular position, for the purpose of filling their pools of qualified applicants for potential job openings that may arise in the future. For example, while a company may post a job advertisement for a specific open administrative assistant position, staffing companies, to fill their pools, will often post advertisements for people generally qualified and willing to work in such positions. Since there is no specific position at that time, there can be no meaningful salary range given. However, once candidates have been interviewed by the temporary staffing firm, and their individual experience, background, and interests have been assessed, the staffing firm can then provide salary ranges for future assignments.
We are happy to report that both the House and Senate amended the language to include our recommendation:
“Posting”, any advertisement or job posting intended to recruit job applicants for a particular and specific employment position, including, but not limited to, recruitment done directly by a covered employer or indirectly through a third party.
The two versions are currently being reconciled by a conference committee and should be released soon.
Credit Reporting
A bill is on the move that would bar employers from seeking a credit report from job applicants. MSA is working to amend the legislation to exempt staffing firms who are placing employees in jobs with substantial financial responsibility.
Date Privacy
We anticipate that an omnibus bill addressing Data Privacy and Cybersecurity will be on agenda this summer. There are several bills in play and the committee requested an extension to gather more information. MSA met with the Chairs of the committee and shared concerns with the legislation. MSA does not want members held liable for using software that generates discriminatory patterns.
Reuter V. Methuen
MSA filed corrective language to address a recent SJC decision which makes employers liable for treble damages if a dismissed employee is paid an incorrect amount on day employee is dismissed. We are seeking notice and opportunity to cure prior to employee filing a lawsuit.
Temporary Nursing Caps
There are several bills in play that cap temporary nursing rates. MSA met with the Chairs of the committee with jurisdiction and relayed our concerns.
Wage Theft
This issue continues to be a threat. This legislation seeks to impose vicarious liability up and down the supply chain. MSA offered an amendment to eliminate vicarious liability from the proposal and instead impose liability just between contractor and sub-contractor. MSA also is seeking ability to receive notice of aggrieved wage violation and opportunity to cure.
UI
One vexing issue that has not been resolved by Governor Healey is a $2.5 billion UI bill due to the federal government. During Covid the Baker administration used federal dollars to pay back the feds for UI. They should have used state dollars. Governor Healey says she is “in discussions with the feds to forgive and/or reduce the amount. The state is currently housing thousands of migrants at a cost of $1 billion a year. Hopefully, she can leverage this fact to reduce the UI bill.
Taxes
The Governor has not raised taxes this year; however, the fiscal outlook is grim. Revenue is not on pace and the state is facing huge issue especially with the MBTA. MSA is opposed to any new taxes on the backs of employers and will aggressively oppose any and all new taxes especially one on services. This will not be an issue on 2024 (an election year), but most likely taxes will be on the table in 2025.