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 24.07 - Information Required to Be Furnished to Job Applicants or Workers by Employment Agencies

Universal Citation: 454 MA Code of Regs 454.24

Current through Register 1531, September 27, 2024

(1) Each Employment Agency shall furnish each Job Applicant or Worker with the information specified at 454 CMR 24.07(1)(a) through (i) within two days of assignment or employment. All information provided to Job Applicants or Workers shall be in writing. The Agency is responsible for ensuring that each Job Applicant or Worker understands the specified information. Job Orders are available in multiple languages from the Department, and the Department may obtain additional translations at its sole discretion upon request. The Department recommends that Agencies provide Job Orders in a language that the Job Applicant or Worker understands.

(a) A written description of the nature of duties required for any employment, engagement, work assignment, or job to which the Job Applicant or Worker is placed, referred, or assigned by the Employment Agency;

(b) The name and address of the client to whom the Employment Agency has referred, placed, or assigned the Job Applicant or Worker;

(c) Anticipated wages or rates of compensation;

(d) The start date and, if known, anticipated duration of the assignment;

(e) The total fee to be paid by the Job Applicant to the Employment Agency;

(f) Transportation arrangements and charges;

(g) A copy of the contract executed between the Employment Agency and the Job Applicant or Worker, including the Job Applicant Fee schedule if the Employment Agency charges Applicant Fees. Any Employment Agency that assesses a Job Applicant or Worker a charge of any kind and for any goods or services shall contract in writing with the Job Applicant or Worker for payment of said charge. Charges are limited as set forth in M.G.L. c. 140 and 454 CMR 24.09, 24.11, 24.12, and 24.15, and may be further limited by M.G.L. c. 149, §§ 148 and 150, and c. 151 and its regulations. Written authorization does not make a charge lawful if it is otherwise unlawful. The contract shall contain at minimum:
1. the amount of the Applicant Fee paid, or to be paid, and any charges assessed to the Job Applicant or Worker by the Employment Agency;

2. the terms and conditions of the contract; and

3. the following statement: "I have read my contract with (name of Employment Agency) and accept its terms."

A sample of each such contract and any revised or updated versions of such contracts shall be filed with the Department, for approval in compliance with the provisions of M.G.L. c. 140, §§ 46A through 46R and 454 CMR 24.00.

(h) A receipt for every Applicant Fee or charge assessed by the Employment Agency to the Job Applicant or Worker and which the Job Applicant or Worker has paid.

(i) A multi-lingual statement issued by the department that the job order contains important information concerning the work, employment, engagement, work assignment, or job, and that the applicant or worker should have the form translated.

(2) A copy of the Employment Agency Statute with the Director's name and address shall be posted in a conspicuous place in the Employment Agency or otherwise made readily available to Job Applicants or Employees. The Employment Agency shall post the Employment Agency Statute in languages which persons commonly doing business with such office can understand.

(3) A copy of the most current Massachusetts Minimum Wage poster shall be posted in a conspicuous place in the Employment Agency or otherwise made readily available to Job Applicants or Employees.

(4) At any time within the record retention period of three years, a Worker may request and the Employment Agency shall provide, within five business days of the request, a copy of the original contract or Job Order and any subsequent contracts or Job Orders.

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