Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS
Section 24.02 - Definitions
Applicant Fee. Any money or other valuable consideration paid or promised to be paid either by a job applicant or worker to an agency for the purpose of procuring or attempting to procure permanent or temporary help or employment or engagement, or for receiving information as to where and of whom such help, employment or engagement may be procured.
Application. A form prescribed by the director to be completed by any person applying to be licensed as an employment agency or registering as a placement agency doing business in Massachusetts.
Bona Fide Order. A written authorization by a client for the provision of services by a Staffing Agency, which shall include the specifics of the employment, engagement, work assignment, or job, including, but not limited to, the anticipated wages or compensation, the agency fee, and the expected daily starting time and anticipated end time and duration of the engagement. An email or written record of a telephone call shall be considered to be a bona fide work order, provided that the employment agency additionally records the name of the client, the contact person with whom the agency representative communicated and the date and time of the conversation or email.
Certificate of Registration. A document issued by the director to a Placement Agency indicating that said agency has submitted a completed initial or renewal application for registration, as applicable, that includes all submissions and documentation specified in the application.
Client. Any individual, business, organization, or entity that utilizes the services of an agency to obtain help.
Client Fee. Any money or other valuable consideration paid or promised to be paid by a client to an agency for the purpose of compensating the agency for the provision of its services.
Complaint. A written protest against any person or entity alleging a violation of the Employment Agency Statute or the Temporary Workers Right to Know Law or 454 CMR 24.00.
Complainant. Any person filing a complaint under the Employment Agency Statute or the Temporary Workers Right to Know Law or 454 CMR 24.00.
CORI. Criminal Offender Record Information as provided by the Massachusetts Department of Criminal Justice Information Services (DCJIS).
Department. The Department of Labor Standards.
Director. The Director of the Department of Labor Standards.
Domestic Employee. Any worker who is paid directly by a household, family, or individual to perform work of a domestic nature, including, but not limited to, housekeeping, home management, nanny services, child monitoring, caretaking, laundering, cooking, home companion services, house sitting, and butler services for members of households or their guests in or about private homes. Domestic Employee does not include a person who performs services of a domestic nature as an employee of the business that places him or her, or a licensed medical professional, such as a medical doctor, registered or licensed practical nurse, or similarly trained and licensed individual who performs services relating to the delivery of specialized medical care.
Emigrant Agent. Any person who, on behalf of an Employment Agency and for a fee, procures or attempts to procure:
(a) domestic or household employment in the Commonwealth for persons outside the Commonwealth who are seeking such employment; or
(b) domestic employees from outside the Commonwealth for employers in the Commonwealth who are seeking to hire such employees.
Employee. An individual employed directly by an employer, including by a staffing agency, or an individual for whom an agency procures or arranges employment for a worksite employer.
Employer. An individual, company, corporation, partnership, or other entity that directly or indirectly engages the services of an employee or employees.
Employment Agency. Any person, business or entity engaged in the business, or organized for the purpose, of procuring or attempting to procure permanent or temporary help, employment or engagements, that meets any of the following three criteria:
(a) Charges a fee to applicants or workers for procuring or attempting to procure permanent or temporary employment or engagements;
(b) Procures or attempts to procure temporary or part time engagements or work assignments for domestic employees; or
(c) Procures or attempts to procure temporary or part time engagements or work assignments for models.
An Employment Agency must be licensed by the Department of Labor Standards.
Employment Agency License. A license duly issued by the director to permit a person to operate an Employment Agency, as defined in 454 CMR 24.02: Employment Agency, subject to M.G.L. c. 140, §§ 46A through 46R and 454 CMR 24.00.
Employment Agency Statute. The employment agency statute, M.G.L. c. 140, §§ 46A through 46R.
Engagement. A period of employment as defined in M.G.L. c. 140, §§ 46A through 46R, or work which by its nature lasts for a limited period of time including, but not limited to, modeling engagements.
Help. Any individual who performs work under the direction of another person or entity, for wages, regardless of whether the individual is an employee of that other person or entity, or whether the individual's wages are paid by that other person or entity, or are paid by a third party.
Job Applicant. An individual who an agency has referred or recommended for employment, engagement, a work assignment, or a job.
Job Application. A document completed by a person seeking employment, engagement, a work assignment, or a job or the process of applying for employment, engagement, a work assignment, or a job.
Job Order. A written notice given to a Job Applicant or Worker by the Agency describing the specifics of the employment, engagement, work assignment, or job, which shall include the information required to be furnished by Employment Agencies as set forth in 454 CMR 24.07, or the information required to be furnished by Staffing Agencies as set forth in 454 CMR 24.08.
License Applicant. A person applying for an Employment Agency License.
Licensee. A person who has been issued an Employment Agency License.
Model. Any worker who: wears, promotes, or displays garments or other items for the purpose of promotion or advertising; engages in product or industry promotions other than those related to garments or fashion to convey an image, vision, or idea; or demonstrates, displays, or provides merchandise or products to promote, market, publicize, sell, or increase consumer awareness.
Modeling Agency. An agency that procures or attempts to procure temporary or part time employment, engagements, or work assignments, for models.
Owner. Any person who owns an employment agency. In the case of a sole proprietorship, the owner shall be the sole proprietor; in the case of a partnership, any partner; and in the case of a corporation, the president and treasurer.
Person. Any individual, company, society, association, corporation, manager, contractor, subcontractor, or their agents or employees. For the purposes of the Employment Agency Statute only, Person, shall not include any labor organization, as defined in M.G.L. c. 150A, § 2; nor any agency operated by a religious, charitable, nonprofit organization, or accredited educational institution no part of the earnings of which inures to the benefit of any private shareholder or individual; nor any agency operated by the federal, state or municipal governments; nor any person validly licensed pursuant to M.G.L. c. 140, § 180C.
Placement Agency. Any person, business or entity engaged in the business, or organized for the purpose, of procuring or attempting to procure permanent or temporary help, employment or engagements, that do not meet the criteria necessary to be considered "employment agencies". Placement Agencies must be registered with, although need not be Licensed by, the Department of Labor Standards.
Professional Employee. An employee as defined in 29 U.S.C. § 152 (12). Any applicant or worker engaged in work:
(a) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work;
(b) involving the consistent exercise of discretion and judgment in its performance;
(c) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and
(d) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical processes; or any employee, who:
1. has completed the courses of specialized intellectual instruction and study described in 454 CMR 24.02: Professional Employee(d); and
2. is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in 454 CMR 24.02: Professional Employee(a) through (d).
Examples of fields of science or learning may include law, medicine, theology, accounting, actuarial computation, engineering, information technology, architecture, teaching, various types of physical, chemical and biological sciences, pharmacy and other occupations that have a recognized professional status. An employee must satisfy all the requirements of 454 CMR 24.02: Professional Employee(a) through (d) or (d)1. and 2. to qualify as a professional employee; merely working in a field of science or learning is insufficient.
An employee does not have to be paid on a salaried basis to qualify as a professional employee.
Registration. The submission to the department by a placement agency of a completed initial or renewal registration application.
Registration Applicant. A person applying for Placement Agency registration.
Respondent. A person responding to a complaint or enforcement action issued by the department.
Retaliate. Any adverse action taken against a worker or job applicant by a work site employer or agency on account of such person exercising his or her rights under the Temporary Workers Right to Know Law, including, but not limited to discharging or firing a worker, discriminating against a worker or job applicant by demotion, scheduling changes or the like, assaulting a worker or job applicant, giving false negative references about a worker or job applicant regarding future work or assignments, or threatening a worker or job applicant's family with these or other negative consequences or harm.
Secretary or Administrative Assistant. An employee whose main or primary duties are described by the bureau of labor statistics of the United States Department of Labor as involving one or more of the following: drafting or revising correspondence, scheduling appointments, creating, organizing, and maintaining paper and electronic files and providing information to callers or visitors. A secretary or Administrative Assistant is exempt from the Temporary Workers Right to Know requirements, pursuant to 454 CMR 24.08.
Staffing Agency. An individual, company, corporation, or partnership that procures or provides temporary or part-time employment to an individual who then works under the supervision or direction of a worksite employer. All agencies send individuals to work sites; however, not all workers may be under the supervision or direction of a worksite employer. A Staffing Agency is subject to the Temporary Workers Right to Know Law and is either a licensed Employment Agency or a registered Placement Agency.
Temporary Employment. For the purposes of the Employment Agency Statute only, "any employment, engagement, work assignment, or job lasting fewer than ten weeks in duration."
Temporary Workers Right to Know Law. M.G.L. c. 149, § 159C.
Work Site Employer. An individual, company, corporation, or partnership with which an agency contracts or otherwise agrees to furnish persons to perform work.
Worker. Any individual hired, referred, recommended, placed, or sent to perform work.
