Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations
Section 30.13 - Record-keeping Requirements

Universal Citation: 454 MA Code of Regs 454.30

Current through Register 1531, September 27, 2024

(1) All PEOs shall maintain, at a minimum, the following records and materials with the following information:

(a) names, phone numbers, email addresses and mailing addresses of clients and covered employees subject to PEO agreements;

(b) any and all PEO agreements;

(c) all documents related to the commencement , termination, or administration of the PEO services rendered;

(d) any client records provided to the PEO for the administration of PEO services; and

(e) any and all financial records relating to a PEO agreement, PEO services or a PEO relationship.

(2) Retention Period. PEOs are required to keep a copy of all documents required by 454 CMR 30.13(1). PEOs shall retain the complete records as required to be kept under 454 CMR 30.13(2) without deletions or expungement of information related to all covered employees including, communications, confirmations, financial records, and contracts for three years after the termination of the PEO agreement or the three years after the termination of the covered employee's employment with the client, whichever occurs first. However, in any cause of action brought by an employee where the PEO has been notified thereof in any administrative or judicial proceeding, including but not limited to, the Massachusetts Office of Affirmative Action, the Massachusetts Commission Against Discrimination, Massachusetts Civil Service Commission, Massachusetts Labor Relations Commission, Attorney General, or a court of appropriate jurisdiction, such PEO shall retain records required to be kept under 454 CMR 30.13(2) that are relevant to such action until the final disposition thereof.

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