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 24.14 - Record-keeping Requirements

Universal Citation: 454 MA Code of Regs 454.24

Current through Register 1531, September 27, 2024

(1) All Agencies shall maintain a separate file for each Worker or Job Applicant which shall, at a minimum, contain the following information:

(a) his or her name, phone number, email address, if any, and mailing address;

(b) dated job application, or resume;

(c) the Job Order;

(d) anticipated duration of assignment;

(e) total Applicant Fees, if any; and

(f) transportation arrangements and related charges, if any; and

(g) other charges, if any.

(2) Client Records. Employment Agencies shall maintain a separate file for each Client to whom Job Applicants or Workers are referred or assigned, which shall, at a minimum, contain the following information:

(a) bona fide orders;

(b) each Client's name, phone number, email address, if any, and mailing address;

(c) the date when services of the Agency were requested;

(d) the names of the Job Applicants or Workers sent;

(e) the total amount of the Client Fee received or charged; and

(f) the rate of salary or wages agreed upon.

(3) Special Record-keeping Requirements for Employment Agencies Placing Domestic Employees. Each Employment Agency that places or attempts to place Domestic Employees shall maintain, in addition to the records specified by 454 CMR 24.11, the following records:

(a) the result of at least one reference check for each Job Applicant for work as a Domestic Employee;

(b) the name and address of any Emigrant Agent used to recruit or obtain, or used to attempt to recruit or obtain, Job Applicants or Workers;

(c) the names and addresses of all persons to whom the Employment Agency has made payments in connection with the recruitment of the Job Applicant or Worker and the amounts of such payments;

(d) an itemization of all fees and charges assessed to the Job Applicant or Worker by the Employment Agency including but not limited to:
1. charges made for transportation;

2. other charges; and

3. Applicant fees paid by the Job Applicant or Worker to the Agency; and

(e) evidence that CORI checks on Domestic Employee Job Applicants or Workers are being conducted in accordance with M.G.L. c. 6, § 172C.

(4) Financial Records. Each Employment Agency shall keep complete and accurate written records of all receipts and income received or derived directly from the operation of his or her Employment Agency.

(5) Language Requirement for Records. Records required by 454 CMR 24.14 shall be maintained in the English language, or translated from a language other than English to the English language upon request by the Department, as necessary for inspection by the Department.

(6) Format. Records may be maintained in electronic or paper form, provided that they can be retrieved and reviewed by the Department upon request.

(7) Retention Period. Employment Agencies and Staffing Agencies are required to keep a copy of all documents, communications, confirmations, financial records, and contracts necessary for the operation of the business for three years or the time within which any final determination of any appeal made pursuant to 454 CMR 24.17 and 24.18, is issued, whichever occurs later.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.