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 24.10 - Provisions and Restrictions Relating to Charges by Staffing Agencies and Work Site Employers

Universal Citation: 454 MA Code of Regs 454.24

Current through Register 1531, September 27, 2024

(1) No Staffing Agency or Work Site Employer or a person acting directly or indirectly in either's interest shall deduct any costs or charges from the wages of a Job Applicant or Worker except for those deductions permitted by law. Unlawful deductions include but are not limited to deductions for damaged, lost, or stolen property of the Work Site Employer, Staffing Agency, or third parties, deductions for transportation other than those expressly allowed by 454 CMR 24.15, deductions for the purchase or cleaning of uniforms, deductions for supplies or equipment used by the Job Applicant or Worker, deductions for any other business-related or job-related expenses or losses incurred by the Work Site Employer or Staffing Agency, and any other deductions prohibited by M.G.L. c. 151 and its regulations and M.G.L. c. 149, §§ 148 and 150. No staffing agency or work site employer or a person acting directly or indirectly in either's interest shall deduct any costs or fees from the wages of an employee without the express written authorization of the employee. A staffing agency or work site employer shall furnish to the employee a copy of the signed authorization in a language that the employee understands. Written authorization does not make a deduction lawful if it is otherwise unlawful.

(2) No Staffing Agency or Work Site Employer shall charge or accept any form of consideration from a Worker or Job Applicant for:

(a) the cost of registration of the Staffing Agency or the cost of procuring employment;

(b) Any good or service unless under the terms of a written contract with a Worker or Job Applicant which clearly states in a language which the Job Applicant or Worker can understand that the purchase is voluntary and which provides that the Staffing Agency will not gain a profit from any charge to the Worker or Job Applicant;

(c) The provisions of any of the following that exceed the actual cost per Job Applicant or Worker: bank card, debit card, payroll card, voucher, draft, money order, or similar form of payment of wages, or any drug screen;

(d) A CORI request;

(e) transportation, except as provided in 454 CMR 24.15; or

(f) any good or service the payment of which would cause the Worker or Job Applicant to earn less than the applicable minimum wage.

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