© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 163 The law also prohibits staffing agencies and work site employers from deducting any costs or fees from the wages of an employee without express written authorization from that employee. Under the law, a staffing agency or work site employer must furnish to an employee a copy of the signed authorization in a language that the employee can understand.995 In addition, a staffing agency must reimburse a temporary employee’s transportation costs if it sends the employee to a work site but no job is available that day.996 3. Additional Restrictions The Act places some additional restrictions on staffing agencies. Staffing agencies may not: “[K]nowingly issue, distribute, circulate or provide any false, fraudulent, or misleading information, representation, promise, notice or advertisement to any applicant or employee” Use any name that they have not registered with the DLS Assign or place an employee by force, fraud, or for illegal purposes Assign or place an employee “where the employment is in violation of state or federal laws governing minimum wage, child labor, compulsory school attendance, required licensure or certification, or at any location that is on strike or lockout without notifying the employee of this fact” Refuse to return personal belongings or fees or charges in excess of what is allowed under the statute to an employee997 4. Enforcement and Penalties The DLS interprets the law,998 and the Office of the Attorney General is responsible for enforcing it.999 Violations of the law are subject to criminal and civil sanctions, including criminal penalties of up to two years in jail and fines of up to $50,000, and civil penalties of up to $25,000 per violation.1000 will be jointly liable for any unlawful fee charged by either of them to transport workers to or from the designated work site.” Id. at *2. 995 M.G.L. ch. 149, § 159C. 996 Id. 997 Id. 998 Id. 999 M.G.L. ch. 149, §§ 27C(b)(1), 159C. 1000 M.G.L. ch. 149, §§ 27C(a)(1), 159C.
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