Current through Register 1531, September 27, 2024
(1) Before each new
assignment, each staffing agency shall provide each Worker with the information
specified at 454 CMR 24.08(1)(a) through (j). This information may be provided
in person, in writing, electronically or by telephone; however, all of the
information must be confirmed in writing and provided to the worker before the
end of the first pay period for such assignment or employment. The Agency is
responsible for ensuring that each 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 Worker understands.
(a) the name, address and telephone number of
the:
1. staffing agency or the contact
information of the agent facilitating the placement;
2. the workers compensation carrier of the
staffing agency;
3. the work site
employer; and
4. the
department.
(b) a
description of the position and whether the position will require any special
clothing, equipment, training or licenses and any costs charged to the worker
or employee for supplies or training;
(c) the designated pay day, hourly rate of
pay and whether overtime pay may occur;
(d) the start date and, if known, expected
duration of employment;
(e) the
daily starting time and anticipated end time;
(f) whether any meals shall be provided by
the staffing agency or work site employer and the charge, if any, to the
employee or worker;
(g) details of
the means of transportation to the work site and any fees charged to the
employee by the staffing agency or work site employer for any transportation
provided;
(h) any charges to the
employee or worker;
(i) whether the
work site location is on strike or lockout; and
(j) 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 employee or
worker should have the form translated.
(2) The written Job Order as defined in
454 CMR 24.02:
Job Order shall be transmitted using a method of
transmittal designated by the Worker; provided that the Staffing Agency may
transmit the Job Order by a method of its choosing, including by facsimile,
electronic mail, or first class mail, as long as the Staffing Agency apprises
the Worker of the method of transmittal, and unless and until the Worker
designates an alternative method of transmittal.
(3) A Worker paid on a daily basis shall be
furnished with the written job order on the same day he or she commences
work.
(4) Notwithstanding the first
sentence of 454 CMR 24.08(1), a Staffing Agency may satisfy the requirements of
454 CMR 24.08 by having the Work Site Employer hand the Job Order to the
Worker. The Staffing Agency shall remain fully responsible for compliance with
the law.
(5)
(a) A Staffing Agency shall require the Work
Site Employer to inform the Staffing Agency by the end of the business day
following changes to the current Job Order that:
1. would alter the assignment's job
description and such alteration is reasonably expected to continue or recur
over the length of an assignment;
2. would require new or different special
clothing, equipment, training, or licenses;
3. would result in any additional fees,
including costs for meals and transportation, charged to the Worker by the Work
Site Employer; or
4. would
reasonably be expected to continue or recur over the length of an
assignment.
(b) Whenever
reasonably possible, the Staffing Agency should notify the Worker of any
changes set forth in 454 CMR 24.08(5)(a)1. before they go into effect. In any
case, the Staffing Agency shall furnish the Worker with a new Job Order by the
end of the business day following the date it is informed by the Work Site
Employer of changes set forth in 454 CMR 24.08(5)(a)1., or by the end of the
next pay period following such notice, whichever is sooner. The new Job Order
shall be provided in the same manner in which the current Job Order was
provided to the Worker. The Worker shall acknowledge the changes in whatever
manner the Worker usually communicates with the Staffing Agency, which may be
orally, electronically, or in writing.
(c) A Staffing Agency shall provide a Worker
with a new Job Order setting forth changes to the following:
1. the name, address and telephone number of:
a. the Staffing Agency, or the contact
information of the staffing agent facilitating the placement;
b. its worker's compensation carrier;
or
c. the Work Site
Employer;
2. the
designated pay day or the hourly rate of pay;
3. whether any meals shall be provided by the
staffing agency and the charge, if any, to the employee; and
4. details of the means of transportation to
the worksite and any fees charged to the Worker by the Staffing Agency.
Whenever reasonably possible, the Staffing Agency should notify
the Worker of such changes before they go into effect. In any case, the new Job
Order shall be provided by the end of the next business day following such
change(s), or by the end of the next pay period, whichever is sooner. The new
Job Order shall be provided in the same manner in which the current Job Order
was provided to the Worker. The Worker shall acknowledge the changes in
whatever manner the Worker usually communicates with the Staffing Agency, which
may be orally, electronically, or in writing.
(d) A Worker may decline to accept such
changes, stop work on any assignment at any time, and request that the Staffing
Agency consider the Worker for future assignments. Any Staffing Agency that
sends a Worker to a Work Site Employer for employment that day where the
assignment is substantially different from that described in the Job Order or
otherwise described by the Staffing Agency to the Worker beforehand will refund
any reasonable costs of transportation expended by the Worker if the Worker
chooses to decline such assignment. Similarly, if a Staffing Agency or Work
Site Employer changes a Worker's assignment or duties during work hours, and
the new duties are substantially different from those described in the Job
Order or otherwise described by the Staffing Agency to the Worker beforehand,
the Staffing Agency will refund any reasonable costs of transportation if no
work fitting the job description is available and the Worker chooses to stop
working for the day.
(e) Any
changes to a current Job Order that are not reasonably expected to continue or
recur over the length of the assignment shall not necessitate a new Job Order
to be provided by a Staffing Agency to a Worker, except for changes that:
1. would require new or different special
clothing, equipment, training, or licenses; or
2. would result in any additional fees,
including costs for meals and transportation, charged to the Worker.
(6) At any time within
the record retention period of three years, a Worker may request and the
Staffing Agency shall provide, within five business days of the request, a copy
of the original Job Order and any written confirmation of changes to the Job
Order.
(7)454 CMR 24.08(1) through
(6) shall not apply to Professional Employees, Secretaries or Administrative
Assistants.
(8) Each Staffing
Agency shall post in a conspicuous place in each location where it does
business, a written notice provided by the Department of a worker's rights
under the Temporary Workers Right to Know Law and the name and telephone number
of the Department. The Department shall make the notice available in English
and other languages as appropriate.
(9) If a staffing agency or worksite employer
or a person acting directly or indirectly in either's interest offers
transportation services, the staffing agency shall post the written notice of
rights in English and in other languages as appropriate in a conspicuous place
in each vehicle used for such service.
