Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.02 - Definitions

Current through Register 1525, July 5, 2024
Applicant Fee
. Any money or other
				valuable consideration paid or promised to be paid either by a job applicant or
				worker to an agency for the purpose of procuring or attempting to procure
				permanent or temporary help or employment or engagement, or for receiving
				information as to where and of whom such help, employment or engagement may be
				procured.
Application
. A form prescribed by the
				director to be completed by any person applying to be licensed as an employment
				agency or registering as a placement agency doing business in
				Massachusetts.
Bona Fide
Order
. A written authorization
				by a client for the provision of services by a Staffing Agency, which shall
				include the specifics of the employment, engagement, work assignment, or job,
				including, but not limited to, the anticipated wages or compensation, the
				agency fee, and the expected daily starting time and anticipated end time and
				duration of the engagement. An email or written record of a telephone call
				shall be considered to be a
bona fide
work order, provided
				that the employment agency additionally records the name of the client, the
				contact person with whom the agency representative communicated and the date
				and time of the conversation or email.
Certificate of Registration
. A
				document issued by the director to a Placement Agency indicating that said
				agency has submitted a completed initial or renewal application for
				registration, as applicable, that includes all submissions and documentation
				specified in the application.
Client
. Any individual, business,
				organization, or entity that utilizes the services of an agency to obtain
				help.
Client Fee
. Any money or other
				valuable consideration paid or promised to be paid by a client to an agency for
				the purpose of compensating the agency for the provision of its
				services.
Complaint
. A written protest against
				any person or entity alleging a violation of the Employment Agency Statute or
				the Temporary Workers Right to Know Law or
				454 CMR 24.00.
Complainant
. Any person filing a
				complaint under the Employment Agency Statute or the Temporary Workers Right to
				Know Law or
				454 CMR 24.00.
CORI
. Criminal Offender Record
				Information as provided by the Massachusetts Department of Criminal Justice
				Information Services (DCJIS).
Department
. The Department of Labor
				Standards.
Director
. The Director of the
				Department of Labor Standards.
Domestic Employee
. Any worker who is
				paid directly by a household, family, or individual to perform work of a
				domestic nature, including, but not limited to, housekeeping, home management,
				nanny services, child monitoring, caretaking, laundering, cooking, home
				companion services, house sitting, and butler services for members of
				households or their guests in or about private homes.
Domestic
				Employee
does not include a person who performs services of a
				domestic nature as an employee of the business that places him or her, or a
				licensed medical professional, such as a medical doctor, registered or licensed
				practical nurse, or similarly trained and licensed individual who performs
				services relating to the delivery of specialized medical care.
Emigrant Agent
. Any person who, on
				behalf of an Employment Agency and for a fee, procures or attempts to
				procure:
(a) domestic or household employment in the Commonwealth for
				persons outside the Commonwealth who are seeking such employment; or
(b) domestic employees from outside the Commonwealth for
				employers in the Commonwealth who are seeking to hire such employees.
Employee
. An individual employed
				directly by an employer, including by a staffing agency, or an individual for
				whom an agency procures or arranges employment for a worksite employer.
Employer
. An individual, company,
				corporation, partnership, or other entity that directly or indirectly engages
				the services of an employee or employees.
Employment Agency
. Any person,
				business or entity engaged in the business, or organized for the purpose, of
				procuring or attempting to procure permanent or temporary help, employment or
				engagements, that meets any of the following three criteria:
(a) Charges a fee to applicants or workers for procuring or
				attempting to procure permanent or temporary employment or engagements;
(b) Procures or attempts to procure temporary or part time
				engagements or work assignments for domestic employees; or
(c) Procures or attempts to procure temporary or part time
				engagements or work assignments for models.
An Employment Agency must be licensed by the Department of
				Labor Standards.
Employment Agency License
. A license
				duly issued by the director to permit a person to operate an Employment Agency,
				as defined in 454 CMR 24.02:
Employment Agency
,
				subject to M.G.L. c. 140, §§ 46A through 46R and
				454 CMR 24.00.
Employment Agency Statute
. The
				employment agency statute, M.G.L. c. 140, §§ 46A through 46R.
Engagement
. A period of employment as
				defined in M.G.L. c. 140, §§ 46A through 46R, or work which by its
				nature lasts for a limited period of time including, but not limited to,
				modeling engagements.
Help
. Any individual who performs work
				under the direction of another person or entity, for wages, regardless of
				whether the individual is an employee of that other person or entity, or
				whether the individual's wages are paid by that other person or entity, or are
				paid by a third party.
Job Applicant
. An individual who an
				agency has referred or recommended for employment, engagement, a work
				assignment, or a job.
Job Application
. A document completed
				by a person seeking employment, engagement, a work assignment, or a job or the
				process of applying for employment, engagement, a work assignment, or a
				job.
Job Order
. A written notice given to a
				Job Applicant or Worker by the Agency describing the specifics of the
				employment, engagement, work assignment, or job, which shall include the
				information required to be furnished by Employment Agencies as set forth in
				454
				CMR 24.07, or the information required to be
				furnished by Staffing Agencies as set forth in
				454
				CMR 24.08.
License Applicant
. A person applying
				for an Employment Agency License.
Licensee
. A person who has been issued
				an Employment Agency License.
Model
. Any worker who: wears,
				promotes, or displays garments or other items for the purpose of promotion or
				advertising; engages in product or industry promotions other than those related
				to garments or fashion to convey an image, vision, or idea; or demonstrates,
				displays, or provides merchandise or products to promote, market, publicize,
				sell, or increase consumer awareness.
Modeling Agency
. An agency that
				procures or attempts to procure temporary or part time employment, engagements,
				or work assignments, for models.
Owner
. Any person who owns an
				employment agency. In the case of a sole proprietorship, the owner shall be the
				sole proprietor; in the case of a partnership, any partner; and in the case of
				a corporation, the president and treasurer.
Person
. Any individual, company,
				society, association, corporation, manager, contractor, subcontractor, or their
				agents or employees. For the purposes of the Employment Agency Statute only,
Person
, shall not include any labor organization, as
				defined in M.G.L. c. 150A, § 2; nor any agency operated by a religious,
				charitable, nonprofit organization, or accredited educational institution no
				part of the earnings of which inures to the benefit of any private shareholder
				or individual; nor any agency operated by the federal, state or municipal
				governments; nor any person validly licensed pursuant to M.G.L. c. 140, §
				180C.
Placement Agency
. Any person, business
				or entity engaged in the business, or organized for the purpose, of procuring
				or attempting to procure permanent or temporary help, employment or
				engagements, that do not meet the criteria necessary to be considered
				"employment agencies". Placement Agencies must be registered with, although
				need not be Licensed by, the Department of Labor Standards.
Professional Employee
. An employee as
				defined in 29 U.S.C. § 152 (12). Any applicant or worker engaged in
				work:
(a) predominantly intellectual and varied in character as
				opposed to routine mental, manual, mechanical, or physical work;
(b) involving the consistent exercise of discretion and
				judgment in its performance;
(c) of such a character that the output produced or the result
				accomplished cannot be standardized in relation to a given period of time;
				and
(d) requiring knowledge of an advanced type in a field of
				science or learning customarily acquired by a prolonged course of specialized
				intellectual instruction and study in an institution of higher learning or a
				hospital, as distinguished from a general academic education or from an
				apprenticeship or from training in the performance of routine mental, manual or
				physical processes; or any employee, who:
1. has completed the courses of specialized intellectual
				instruction and study described in 454 CMR 24.02:
Professional
				Employee
(d); and
2. is performing related work under the supervision of a
				professional person to qualify himself to become a professional employee as
				defined in 454 CMR 24.02:
Professional Employee
(a)
				through (d).
Examples of fields of science or learning may include law,
				medicine, theology, accounting, actuarial computation, engineering, information
				technology, architecture, teaching, various types of physical, chemical and
				biological sciences, pharmacy and other occupations that have a recognized
				professional status. An employee must satisfy all the requirements of 454 CMR
				24.02:
Professional Employee
(a) through (d) or (d)1.
				and 2. to qualify as a professional employee; merely working in a field of
				science or learning is insufficient.
An employee does not have to be paid on a salaried basis to
				qualify as a professional employee.
Registration
. The submission to the
				department by a placement agency of a completed initial or renewal registration
				application.
Registration Applicant
. A person
				applying for Placement Agency registration.
Respondent
. A person responding to a
				complaint or enforcement action issued by the department.
Retaliate
. Any adverse action taken
				against a worker or job applicant by a work site employer or agency on account
				of such person exercising his or her rights under the Temporary Workers Right
				to Know Law, including, but not limited to discharging or firing a worker,
				discriminating against a worker or job applicant by demotion, scheduling
				changes or the like, assaulting a worker or job applicant, giving false
				negative references about a worker or job applicant regarding future work or
				assignments, or threatening a worker or job applicant's family with these or
				other negative consequences or harm.
Secretary or Administrative Assistant
.
				An employee whose main or primary duties are described by the bureau of labor
				statistics of the United States Department of Labor as involving one or more of
				the following: drafting or revising correspondence, scheduling appointments,
				creating, organizing, and maintaining paper and electronic files and providing
				information to callers or visitors. A secretary or Administrative Assistant is
				exempt from the Temporary Workers Right to Know requirements, pursuant to
				454
				CMR 24.08.
Staffing Agency
. An individual,
				company, corporation, or partnership that procures or provides temporary or
				part-time employment to an individual who then works under the supervision or
				direction of a worksite employer. All agencies send individuals to work sites;
				however, not all workers may be under the supervision or direction of a
				worksite employer. A
Staffing Agency
is subject to
				the Temporary Workers Right to Know Law and is either a licensed
Employment Agency
or a registered
Placement Agency
.
Temporary Employment
. For the purposes
				of the Employment Agency Statute only, "any employment, engagement, work
				assignment, or job lasting fewer than ten weeks in duration."
Temporary Workers Right to Know Law
.
				M.G.L. c. 149, § 159C.
Work Site Employer
. An individual,
				company, corporation, or partnership with which an agency contracts or
				otherwise agrees to furnish persons to perform work.
Worker
. Any individual hired,
				referred, recommended, placed, or sent to perform work.