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 24.12 - Unlawful Practices by Employment Agencies
Current through Register 1531, September 27, 2024
An Employment Agency shall not engage in any of the following activities or conduct:
(1) Distribute, circulate or provide any false, fraudulent or misleading information, representation, promise, notice or advertisement to any Job Applicant or Worker;
(2) Advertise or utilize any printed materials using any name or address other than that which has been licensed by the Department.
(3) Direct a Job Applicant or Worker to an Employer or Client without having first obtained a recent bona fide Order; provided, that:
(4) Send or cause to be sent any person to any Employer or Client where the prospective Employment is or would be in violation of state or federal laws governing minimum wages, child labor, or compulsory education, including, but not limited to, M.G.L. c. 151, §§ 1 through 22, c. 149, §§ 56 through 105 or M.G.L. c. 76, § 1.
(5) Send or cause to be sent any person to any place which is maintained for illegal or illicit purposes or where illegal or illicit activity takes place.
(6) Compel any Job Applicant or Worker to enter into an employment, engagement, work assignment, or job by use of force, fraud or otherwise.
(7) Require Job Applicants or Workers to subscribe to any publication, purchase any service, or contribute to the cost of advertising. Any service or product offered by an Employment Agency must be expressly voluntary, and there must be a written agreement, in a language that the Job Applicant or Worker understands, that clearly indicates the Job Applicant or Worker is under no obligation to purchase said service or product.
(8) Refuse to return, upon demand of a Job Applicant or Worker, any personal property belonging to such Job Applicant or Worker.
(9) Send or cause to be sent any Job Applicant or Worker to any place that is on strike or lockout, unless the fact of such strike or lockout is made known to the Job Applicant or Worker in writing.
(10) Solicit, persuade, induce, or attempt to induce any Worker or Job Applicant to leave employment, engagement, work assignment, or job, if such soliciting, persuading, or inducing is for the purpose of securing a new fee from a Job Applicant or Worker, provided that nothing in 454 CMR 24.00 shall prohibit notifying a Job Applicant or Worker that a position exists where the Job Applicant or Worker has requested placement.
(11) Divide or share, or offer to divide or share, Applicant Fees with an Employment Agency Client.
(12) Solicit, persuade, induce or attempt to induce an Employer to create a vacancy by discharge of any Worker or Employee.