Massachusetts law about hiring employees

This page is only about the hiring process. For information on any other aspect of employment law, see Massachusetts law about employment, which links to over 20 other pages on employment topics.

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

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

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.
• 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
  • Can prospective employers check your credit report?, Nolo.com
• 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

Is pre-employment training compensable? HRSource. 
Explains the Dept. of Labor’s six part test.

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?"

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."

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)

Last updated:	July 12, 2021