Massachusetts laws
MGL c.149 Labor and industries; numerous sections throughout this chapter apply to the hiring process
- MGL c.149, §§ 105A-105D Equal pay; employers may not ask about wage or salary history until after an offer of employment with compensation has been made
MGL c.151B Unlawful discrimination
- MGL c.151B, § 4 (9-1/2) An employer may not "request on its initial written application form criminal record information," unless very specific conditions apply
Massachusetts regulations
Federal laws
15 USC §§ 1681 et seq. Fair credit reporting act
29 USC §§ 621-624 Age discrimination in employment
29 USC § 791 Rehabilitation act
42 USC §§ 2000e-2000e-17 Equal employment opportunity act
42 USC §§ 2000ff-2000ff-11 Genetic information nondiscrimination act
42 USC §§ 12101-12213 Americans with disabilities act (ADA)
Federal regulations
15 CFR 600-698 Fair credit reporting
29 CFR 1600-1699 Equal employment opportunity
Job applications and interviews
In general, employers should not ask about:
- Age other than whether you are over 18.
- Criminal record information, except in very limited circumstances (MGL c.151B, § 4)
- Is it hard to get a human services job if I have a CORI?, MassLegalHelp.
Human services agencies face restrictions on who they may hire, depending on the criminal record involved. Outlines the laws and how to overcome obstacles in working for human services if you have a criminal record. - Massachusetts ban the box 2018: further amendments to criminal history and hiring law, National Law Review, December 7, 2018.
"Here is an overview of the general state of the law in Massachusetts, highlighting the recent changes. Employers may want to take this opportunity to review their background check policies and practices to ensure they comply with the law, as amended." - Massachusetts law on employer use of arrest and conviction records, Nolo.com.
- Is it hard to get a human services job if I have a CORI?, MassLegalHelp.
- Disability
- Gender identity (MGL c.151B, § 4)
- Genetic information (MGL c.151B, § 4)
- National origin (MGL c.151B, § 4)
- Polygraph (Lie detector) (MGL c.149, § 19B)
- Pregnancy (MGL c.151B, § 4)
- Race/Color (MGL c.151B, § 4)
- Religion (MGL c.151B, § 4)
- Salary history (MGL c.149, §§ 105A-105D)
- Interview questions you may and may not ask under new Massachusetts pay equity law, Small Business Trends, June 2018. Explains which salary questions you can and can't ask.
- Massachusetts Equal Pay Law, Mass. Attorney General. The equal pay law limits questions employers can ask job applicants.
- Sexual orientation (MGL c.151B, § 4)
Employers may ask for:
- Your social security number, but if they do, they must follow the strict limits of the Mass. data privacy law (201 CMR 17) to keep it private
- Credit report, but if they do, they must follow the rules in the Fair Credit Reporting Act
- References are generally considered privileged, not considered defamation. See Doane v. Grew, 220 Mass 171 (1915) “where inquiries are made as to the character and capabilities of a former servant, the occasion is a privileged one. Of that there is no question. It is the typical case of a privileged occasion.”
- For more info see Labor and Employment Law in Massachusetts, § 11-3(a) references.
Working interview
Hiring and the law – do I pay for a "working interview"?, Employee Testing Center.
Generally, a candidate should be paid at least minimum wage for a working interview.
Pre-employment training
Determining whether employees should be paid for training time under Massachusetts and federal laws, Steffans Legal.
Explains the Massachusetts courts' "six factors when determining whether an individual is a 'trainee' or an 'employee'" in order to determine if a person is eligible to be compensated for pre-employment training.
Forms and notices for newly-hired employees
Forms to be filled out
- Form I-9 Employment eligibility verification form, US Dept. of Homeland Security.
Form required of new employees to verify identity and employment eligibility — can be filled out online and saved or printed. Includes a list of acceptable forms of identification.- Handbook for employers: instructions for completing the form I-9, US Dept. of Homeland Security.
Extensive (65 page) document provides answers to key questions such as "What Happens if I Hire an Illegal Alien?"
- Handbook for employers: instructions for completing the form I-9, US Dept. of Homeland Security.
- Form M-4: Massachusetts employee's withholding exemption certificate, Mass. Dept. of Revenue.
- Form NHR: New hire and independent contractor reporting form, Mass. Dept. of Revenue.
- Learn about the new hire reporting program, Mass. Dept. of Revenue.
"Federal law requires all employers to follow their state's New Hire Reporting requirements. In Massachusetts, the new hire reporting requirements apply to all employers and payors of income regardless of the number of employees or independent contractors they employ."
- Learn about the new hire reporting program, Mass. Dept. of Revenue.
- Form W2 Federal tax withholding, IRS.
Notices and information to be provided to new employee
- Domestic violence leave notification (50 or more employees) (MGL c.149, § 52E(k))
- Domestic workers notice (for household workers only) (MGL c.149, § 190(m))
- Paid family and medical leave notice (MGL c.175M, § 4)
- Paid sick leave notice (MGL c.149, § 148C(o))
- Pregnant workers notice (MGL c.151B, § 4)
- Sexual harassment policy (MGL c.151B, § 3A(b)(2))
- Workers' compensation notice (MGL c.152 § 22)
Print sources
Employment law, 3rd ed. (Mass. Practice vol. 45-45A), Thomson Reuters, 2016 with supplement. Chapter 15. Regulation of the Hiring Process, Testing, Inquiries and Personnel Records.
Hiring and firing in Massachusetts, John F. Adkins, MCLE, 2007.
Labor and employment in Massachusetts, Jeffrey L. Hirsch, 2nd edition, LexisNexis, loose-leaf. Chapter 1: Hiring.
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| Last updated: | March 29, 2023 |
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