Mass-Peculiarities: An Employers Guide to Wage & Hour Law in the Bay State 2022 Edition

© 2022 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2022 ed. | 159 purpose of furnishing part time or temporary help” from the definition of an “employment agency.” 946 1. Notice Requirements The focus of the Act is the new notice requirements, which require staffing agencies to provide temporary employees written notices concerning the following : 947 • The name, address, and telephone number of (i) the staffing agency or the agent “facilitating” the work placement; (ii) the staffing agency’s workers’ compensation carrier; (iii) the work site employer; and (iv) the DLS • A description of the position and whether it requires special clothing, equipment, training, or licenses, and any costs charged to the employee for supplies or training • The designated pay day, hourly rate of pay, starting time, anticipated end time, whether “overtime pay may occur,” and, when known, the expected duration of employment • Whether any meals will be provided by the agency or work site employer and the charge, if any, to the employee • Details concerning the means of transportation to the work site and any transportation fees charged by the staffing agency or work site employer for transportation services 948 The DLS has drafted a “Sample Job Order” that contains the required information. 949 If a staffing agency conveys this information to the employee by telephone initially, it must confirm the terms in writing in a form (fax, mail, in person, or e-mail) designated by the employee before the end of the first pay period. Any changes to these initial terms must be immediately provided to, and acknowledged by, the employee. 950 Staffing agencies will be required to display a poster listing 946 Id. Employment agencies are subject to their own provisions of the regulat ions. However, an “employment agency” might also be a “staffing agency” subject to the law and the “staffing agency” regulat ions. 947 The regulat ions provide separate not ice requirement s that employment agencies must provide in writ ing to job applicant s or workers within two days of assignment or employment . Those requirement s include a writ ten descript ion of the nature of the dut ies required for any employment ; the name and address of the client to whom the employment agency has referred or placed the individual; ant icipated compensat ion; the start date and, if known, ant icipated durat ion of the assignment ; the total fees to be paid by the individual to the employment agency; t ransportation arrangement s and charges; a copy of the cont ract executed between the employment agency and the individual; and a receipt for every fee assessed by the employment agency to the individual that the individual has paid. 454 C.M.R. § 24.07. 948 M.G.L. ch. 149, § 159C. 949 Available at ht tps://www.mass.gov/service-details/sample-job-orders ( last visited July 14, 2021). 950 M.G.L. ch. 149, § 159C.