© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 161 1. Notice Requirements The focus of the Act is the new notice requirements, which require staffing agencies to provide temporary employees written notices concerning the following:986 The name, address, and telephone number of (i) the staffing agency or the agent “facilitating” the work placement; (ii) the staffing agency’s workers’ compensation carrier; (iii) the work site company; and (iv) the DLS A description of the position and whether it requires special clothing, equipment, training, or licenses, and any costs charged to the employee for supplies or training The designated pay day, hourly rate of pay, starting time, anticipated end time, whether “overtime pay may occur,” and, when known, the expected duration of employment Whether any meals will be provided by the agency or work site employer and the charge, if any, to the employee Details concerning the means of transportation to the work site and any transportation fees charged by the staffing agency or work site employer for transportation services987 The DLS has drafted a “Sample Job Order” that contains the required information.988 If a staffing agency conveys this information to the employee by telephone initially, it must confirm the terms in writing in a form (fax, mail, in person, or e-mail) designated by the employee before the end of the first pay period. Any changes to these initial terms must be immediately provided to, and acknowledged by, the employee.989 Staffing agencies will be required to display a poster listing these requirements, and the telephone number of the DLS, in a conspicuous location within their places of business. The DLS has created a sample “Notice of Rights” poster.990 986 The regulations provide separate notice requirements that employment agencies must provide in writing to job applicants or workers within two days of assignment or employment. Those requirements include a written description of the nature of the duties required for any employment; the name and address of the client to whom the employment agency has referred or placed the individual; anticipated compensation; the start date and, if known, anticipated duration of the assignment; the total fees to be paid by the individual to the employment agency; transportation arrangements and charges; a copy of the contract executed between the employment agency and the individual; and a receipt for every fee assessed by the employment agency to the individual that the individual has paid. 454 C.M.R. § 24.07. 987 M.G.L. ch. 149, § 159C. 988 Available at https://www.mass.gov/service-details/sample-job-orders (last visited Mar. 6, 2025). 989 M.G.L. ch. 149, § 159C. 990 Available at https://www.mass.gov/service-details/notice-of-temporary-workers-rights-posters (last visited Mar. 6, 2025).
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