Massachusetts law about hiring employees

Laws, regulations, cases, and web sources on hiring employees law.

• This page is only about the hiring process. For information on any other aspect of employment law, see Massachusetts law about employment and work leave.

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Note

Due to continual and rapid changes in U.S. policy, please check the websites of all relevant federal agencies for the most current information.

See also the Massachusetts Law Libraries' legal reference overview and disclaimers.

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. 149, § 105F Salary range transparency
  Effective October 29, 2025: Massachusetts employers with 25 or more employees will be required to disclose salary ranges and protect an employee’s right to ask for salary ranges

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

201 CMR 17 Data privacy

804 CMR 3 Discrimination in employment 

830 CMR 62E Wage reporting system 

Federal laws

15 USC §§ 1681 et seq. Fair credit reporting act

29 USC §§ 621-624 Age discrimination in employment

29 USC § 791 Rehabilitation act

29 USC §§ 2001-2009 Employee polygraph protection 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)
  • 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.
  • Jobs and CORI, Mass. Legal Help, 2024.
    Only after you apply can an employer ask about felony and misdemeanor convictions. You do not have to provide information about sealed or expunged convictions.
• 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)
  • Employee polygraph protection act, U.S. Department of Labor.
• 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
  • Can prospective employers check your credit report?, Nolo.
• 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.

Additional resources

Know your rights: Digital discrimination in hiring, ACLU.
Explains the rights prospective job candidates have, and how to recognize discrimination, when automated screening tools are used during the hiring process.

Massachusetts Commission Against Discrimination

• Overview of workplace discrimination. Learn about the different kinds of discrimination that can happen in the workplace and how you are protected under Massachusetts law.
• File a Complaint of Discrimination at the MCAD. A questionnaire to help you determine whether or not you are able to file a complaint with the MCAD.

Forms and notices for newly-hired employees

Forms to be filled out

• Form I-9 Employment eligibility verification form, U.S. Department 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, U.S. Department of Homeland Security.
    Extensive (65 page) document provides answers to key questions such as "What Happens if I Hire an Illegal Alien?"
• Form M-4: Massachusetts employee's withholding exemption certificate, Mass. Department of Revenue.
• Form NHR: New hire and independent contractor reporting form, Mass. Department of Revenue.
  • Learn about the new hire reporting program, Mass. Department 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."
• 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, 3^rd 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 by John F. Adkins, MCLE, 2007. 

Labor and employment in Massachusetts by Jeffrey L. Hirsch, 2^nd edition, LexisNexis, loose-leaf. (eBook available with library card)
Chapter 1: Hiring.

What employers can & cannot ask during an interview by Alexandra L. Pichette, MCLE, 2022.

Last updated:	March 20, 2025