reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.15 - Recordkeeping

Current through Register 1525, July 5, 2024
(1) Maintenance, Submission and Retention of
			 Records. Certified Asbestos Training Providers, Contractors, Analytical Service
			 Provider, Asbestos Consulting Services and employers of Operations and
			 Maintenance Workers must maintain the records as indicated at
			 454
			 CMR 28.15(2) through (4) and
			 make said records available to the Director upon request.
(2) Entities must provide photocopies of such
			 records or documents within ten business days of receipt of a written request
			 from the Director.
(3) Records and
			 documents required to be kept by
			 454
			 CMR 28.10 must be retained for a period of 30
			 years from the date of project or activity completion, except those records
			 required to be kept by
			 454
			 CMR 28.11(2)  must be kept
			 for a period of at least 15 years.
(4) Entities or persons ceasing to do
			 business or relocating the principal place of business must notify the Director
			 in writing within 30 days of such event. The Director, on receipt of such
			 notification, may instruct that the records be surrendered to the Department or
			 may specify a repository for such records. The entity or person must comply
			 with the Director's instructions within 60 days.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.17 - Cease and Desist Orders

Current through Register 1525, July 5, 2024
(1)
General
. The Director, upon determination that there
			 is a violation of any work place standard which compromises the protection of
			 the general public or the occupational health and safety of workers, or of any
			 standard or requirement for licensure or certification, may order any worksite
			 to be closed by way of the issuance of a Cease and Desist order enforceable in
			 the appropriate courts of the Commonwealth. For purposes of such Cease and
			 Desist orders, the worksite may include the area where asbestos related work is
			 being performed and other areas of a facility or location which the Director
			 determines may be hazardous to the health and safety of workers and the general
			 public as a result of such asbestos work.
(2)
Form and Content of
			 Order
. Cease and Desist Orders shall be in writing and shall, at a
			 minimum, contain the following:
(a) A
			 description of the premises or work area to which the order applies;
(b) Violations or conditions serving as the
			 basis for issuing the order; and
(c) Any conditions that must be met or
			 remedial action to be taken before the order can be lifted.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.18 - Responsibility For Compliance; Penalties

Current through Register 1525, July 5, 2024
(1) Any
			 person, firm, corporation, or other entity performing work subject to the
			 requirements of 454 CMR 28.00, including, without limitation, Asbestos
			 Contractors, Asbestos Workers, Supervisors, and, Asbestos Consulting Services,
			 Asbestos Consultants, Providers of Asbestos Training and Analytical Service
			 Provider must be responsible for compliance with the provisions
			 thereof.
(2) Any person, firm,
			 corporation, or other entity who or which violates the provisions of 454 CMR
			 28.00 shall be subject to the administrative sanctions specified herein and any
			 civil penalty allowed by M.G.L. c. 149, § 6F½, the laws of the
			 Commonwealth, and, pursuant to M.G.L. c. 149, § 6F, may be punished by a
			 fine of not less than $100 and not more than $5000 for each offense.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.19 - Severability

Current through Register 1525, July 5, 2024
If any provision of 454 CMR 28.00 shall be held inconsistent
				with the laws of the Commonwealth, or held unconstitutional, either on its
				face, or as applied, the inconsistency or unconstitutionality shall not affect
				the remaining provisions.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 29.00 - Civil Administrative Penalties › Section 29.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. 454 CMR 29.00 is intended to:
(a) Promote the health, safety, and welfare of workers, businesses, and the general public by deterring noncompliance with the laws, regulations, and related requirements to which 454 CMR 29.00 applies.
(b) Ensure that the Department assesses civil administrative penalties lawfully, fairly, and consistently.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 29.00 - Civil Administrative Penalties › Section 29.03 - Issuance of Written Warnings

Current through Register 1525, July 5, 2024
The Director, at his or her discretion, may issue a Written
				Warning for Violations of requirements of regulations and statutes to which
				454 CMR
				29.00 applies. Written Warnings shall identify the
				specific requirement(s) of the applicable regulation or statute that has been
				violated and shall serve as official, legal notice to the person, firm,
				corporation, or other entity of the occurrence or existence of the
				Violation(s). Said Written Warning may contain an Order to correct the
				Violation and specify a period of time for the correction of said Violation.
				Failure to correct the Violation within the period of time specified may result
				in the issuance of a Civil Citation or other enforcement
				action.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 29.00 - Civil Administrative Penalties › Section 29.04 - Civil Citations

Current through Register 1525, July 5, 2024
(1)
General
. In addition to the penalties permitted by
			 M.G.L. c. 111, § 197B; M.G.L. c. 140, §§ 46A through 46R; and
			 M.G.L. c. 149, §§ 6, 6½ and 6A through 6F½, the
			 Director or his or her representative may issue a Civil Citation for each
			 Violation. Said Civil Citation may include an Order to correct the deficiency
			 or infraction that resulted in the issuance of the Civil Citation, a Civil
			 Penalty, or both. Said Civil Citation shall include:
(a) A statement of the alleged act or
			 omission for which the Civil Citation is issued;
(b) Identification of the law, regulation or
			 order that has not been complied with as a result of such alleged act or
			 omission;
(c) If a Civil Penalty is
			 issued, the amount of the Civil Penalty for each alleged act or omission for
			 which the Civil Penalty is assessed;
(d) A statement that the person to whom the
			 Civil Citation is issued has a right to appeal the Civil Citation through an
			 adjudicatory hearing;
(e) A
			 statement that sets forth the actions that must be taken by the person to whom
			 the Civil Citation is issued in order for said person to avoid being deemed to
			 have waived his or her right to an adjudicatory hearing; and
(f) If a Civil Penalty is assessed, a
			 statement of how and when the Civil Penalty must be paid.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 29.00 - Civil Administrative Penalties › Section 29.05 - Temporary Restraining Orders and Preliminary and Permanent Injunctions for Asbestos and Lead Violations

Current through Register 1525, July 5, 2024
(1)
Initiation
. Whenever the Director has reason to
			 believe that a person, firm, corporation, or other entity is engaging in, or is
			 about to engage in, a Violation of M.G.L. c. 111, § 197 or 197B; or M.G.L.
			 c. 149, §§ 6A through 6E, he or she may bring an action in the name
			 of the Commonwealth against such person, firm, corporation, or other entity to
			 restrain the Violation by temporary restraining order or preliminary or
			 permanent injunction. The action may be brought in the superior court of the
			 county in which such person, firm, corporation, or other entity resides or has
			 as his or her principal place of business, or the action may be brought in the
			 superior court of Suffolk County with the consent of the parties or if the
			 person, firm, corporation, or other entity has no place of business within the
			 Commonwealth. If more than one person, firm, corporation, or other entity is
			 joined as a defendant, the action may be brought in the superior court of the
			 county where any one of the defendants reside or has his or her principal place
			 of business, or in Suffolk County.
(2)
Penalty for Violation of an
			 Injunction
. Any person, firm, corporation, or other entity that
			 violates an injunction issued pursuant to
			 454
			 CMR 29.05 shall be subject to a Civil Penalty
			 of not more than $10,000 for each such Violation. Each day during which a
			 person, firm, corporation, or other entity fails to correct the Violation that
			 formed the basis for the injunction shall be considered a separate Violation.
			 For the purposes of454 CMR
			 29.05(2), the Department may
			 petition the court retaining jurisdiction for recovery of this Civil
			 Penalty.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 29.00 - Civil Administrative Penalties › Section 29.06 - Service of Written Warnings and Civil Citations

Current through Register 1525, July 5, 2024
(1)
Date of Issuance
.
(a)
Service in Hand
. Written Warnings and Civil Citations
			 issued by the Department pursuant to
			 454 CMR
			 29.00 shall be deemed to have been issued on the date
			 delivered, when served in hand to:
1. the
			 person, firm, corporation, or other entity to whom the Written Warning or Civil
			 Citation is addressed;
2. any
			 officer, employee, or agent of the person, firm, corporation, or entity to whom
			 the Written Warning or Civil Citation is addressed, who has been authorized by
			 said person, firm, corporation, or entity, or by law, to accept
			 service;
3. the last known address
			 of said person, firm, corporation, or other entity; or
4. the last known address of any officer,
			 employee, or agent of the person, firm, corporation, or entity to whom the
			 Written Warning or Civil Citation is addressed, who has been authorized by said
			 person, firm, corporation, or entity, or by law, to accept service.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 29.00 - Civil Administrative Penalties › Section 29.07 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				454 CMR
				29.00 shall be held inconsistent with the laws of the
				Commonwealth, or held unconstitutional, either on its face, or as applied, the
				inconsistency or unconstitutionality shall not affect the remaining
				provisions.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
454 CMR 30.00 effectuates the purposes of M.G.L. c. 149,
				§§ 192 through 203.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.03 - Registration Requirements

Current through Register 1525, July 5, 2024
(1) PEOs, as defined
			 at 454 CMR 30.02, shall be registered in accordance with 454 CMR 30.03 and
			 30.04. No Person shall advertise, operate, maintain or hold itself out as
			 providing professional employer services in the Commonwealth of Massachusetts
			 unless that person has registered the PEO with the Department of Labor
			 Standards and been granted a certificate of registration as defined in 454 CMR
			 30.02, regardless of whether or not said person has an office for conducting
			 such work in Massachusetts.
(2)
			 Staffing agencies, placement agencies, and employment agencies shall not be
			 granted PEO certificates of registration.
(3) Each entity being advertised, operated,
			 or maintained by a PEO must be individually registered.
(4) A PEO shall register prior to initiating
			 operations within the Commonwealth.
(5) If a PEO that is not registered in the
			 Commonwealth becomes aware that an existing client not based in the
			 Commonwealth has employees and operations in the Commonwealth, the PEO shall:
(a) Decline to provide PEO services for those
			 employees; or
(b) Where the PEO has
			 more than 15 covered employees and wishes to provide PEO services to those
			 employees, the PEO shall notify the department and file for registration within
			 five business days of its knowledge of the fact;
(c) Where the PEO has 14 or fewer covered
			 employees and wishes to provide PEO services to those employees, the PEO shall
			 notify the Department within five business days of its knowledge of the fact
			 and file for registration with the department within 30 calendar
			 days.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.04 - Application Requirements for PEOs

Current through Register 1525, July 5, 2024
(1) Any
			 person providing professional employer services or soliciting clients, or
			 advertising such services in the Commonwealth shall submit to the department a
			 completed application for PEO registration, pay the required registration fee
			 and provide all required information on a form prescribed by the director.
(a) Applicants applying for an initial PEO
			 Registration shall submit the following information with their initial
			 application:
1. The name or names under which
			 the PEO conducts business or will conduct business;
2. The address of the principal place of
			 business of the PEO and the address of each office it maintains in the
			 Commonwealth;
3. All mailing
			 addresses of the PEO. Persons wishing to use a post office box for mailing or
			 public information purposes must specify to the department the actual address
			 where records will be kept and business will be conducted;
4. A statement of ownership, which shall
			 include the name and evidence of the business experience of any person that,
			 individually or acting in concert with one or more persons, owns or controls or
			 will own or control if known or reasonably known at the time of registration,
			 not less than 25% of the equity interest of the PEO;
5. The taxpayer or employer identification
			 number of the PEO;
6. A list by
			 jurisdiction of each name under which the PEO has operated in the preceding
			 five years, including any alternative names, names of predecessors and
			 successor business entities;
7. A
			 statement of management, which shall include the name and evidence of business
			 experience of any person who serves or will serve, if known or reasonably known
			 at time of registration, as president, chief executive officer or otherwise has
			 the authority to act as senior executive officer of the PEO;
8. A financial statement setting forth the
			 financial condition of the PEO or PEO group, which shall include, for initial
			 registrations, the most recent audit of the applicant and said audit shall not
			 be more than 13 months old;
9. A
			 list of clients, including the client name, physical address, telephone number
			 and federal identification number for whom the PEO is providing professional
			 employer services; and
10. Such
			 other information as the director may reasonably require.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.05 - Confidentiality of Submissions

Current through Register 1525, July 5, 2024
Not Public Records
. All financial
				records, PEO agreements, client lists, and other information obtained from a
				PEO for the purposes of registration shall be confidential pursuant to M.G.L.
				c. 149, § 196(j) and shall not be deemed public records subject to
				disclosure pursuant to M.G.L. c. 66, § 10, nor shall they be published or
				open to public in any other manner. Such records shall be kept solely to assist
				department in the performance of its duties in effectuating the purposes of
				M.G.L. c. 149, §§ 192 through 203.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.06 - Notice to Employees

Current through Register 1525, July 5, 2024
(1) Upon initiation
			 of the PEO relationship:
(a) the PEO shall
			 provide the client a notice;
(b)
			 the client shall post said notice in a conspicuous place at the client's
			 worksite; and
(c) depending on the
			 customary way that the client communicates with its employees, the client shall
			 provide a hard copy or an electronic copy of the notice to the employees. The
			 notice shall contain:
1. notice of the
			 general nature of the co-employment relationship between and among the
			 professional employer organization, the client and such covered employees,
			 including the rights, responsibilities and duties that the PEO and the client
			 have with respect to the covered employees;
2. the name and telephone number of the
			 department;
3. the name and
			 telephone number of the PEO;
4.
			 disclosure if the benefit plan is self-funded or is not fully
			 insured;
5. the name of the
			 workers' compensation carrier and the policy number;
6. whether the PEO or the client maintains
			 the workers' compensation policy and performs safety inspections at the
			 workplace;
7. a phone number or
			 contact to report injuries and hazardous worksite conditions; and
8. a multilingual tagline on the notice
			 provided by the department in languages required under M.G.L. c. 151A, §
			 62A, subsection (d) clause (iii) that includes the name and telephone number of
			 the department and states that the notice contains important information that
			 should be translated.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.08 - Registrations and Certificates

Current through Register 1525, July 5, 2024
(1) The allocation
			 of rights, duties, and obligations under a professional employer agreement
			 shall not obligate a PEO to be licensed, certified, or registered in any
			 profession requiring such credentials and the performance of professional
			 employer services for clients engaged in licensed professions shall not subject
			 a PEO to liability or punishment for engaging in a profession without due
			 certification. All licenses, certificates, registrations and credentials and
			 all privileges and burdens of the same remain with the license holder and are
			 unaffected by the PEO relationship.
(a) A
			 covered employee who is required to be licensed, registered or certified
			 according to law or regulation shall be deemed solely an employee of the client
			 for purposes of any such license, registration or certification
			 requirement.
(b) A PEO shall not be
			 engaged in any occupation, trade, profession or other activity that is subject
			 to licensing, registration or certification requirements or is otherwise
			 regulated by a government agency solely by entering into and maintaining a PEO
			 relationship with a covered employee who is subject to such requirements or
			 regulation.
(c) A client shall have
			 the sole right of direction and control of the professional or licensed
			 activities of covered employees and of the client's business. Covered employees
			 and clients shall remain subject to regulation by the regulatory or
			 governmental entity responsible for licensing, registration or certification of
			 such covered employees or clients.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.09 - Tax Credits, Incentives and Status

Current through Register 1525, July 5, 2024
(1) For
			 purposes of the determination of tax credits and other economic incentives
			 provided by the Commonwealth or other government entity and based on
			 employment, covered employees shall be deemed solely the client's employees. A
			 client shall be entitled to the benefit of any tax credit, economic incentive
			 or other benefit arising as the result of the employment of covered employees
			 of such client. Notwithstanding that the PEO is the reporting employer for the
			 purposes of the federal Internal Revenue Service form W-2, the client shall
			 continue to qualify for the benefit, incentive or credit. Each PEO shall
			 provide, upon request by a client or by agency employment information
			 reasonably required for administration of any tax credit or economic incentive
			 and necessary to support any request, claim, application or other action by a
			 client seeking any tax credit or economic incentive.
(2) With respect to a bid, contract, purchase
			 order or agreement entered into with the Commonwealth or a political
			 subdivision thereof, a client company's status or certification under federal
			 or state law as a small, minority-owned, disadvantaged, woman-owned business or
			 other underutilized class of enterprise shall not be affected because the
			 client company has entered into a PEO relationship.
(3) If there is a tax or assessment imposed
			 or calculated upon the basis of total payroll, the PEO shall be eligible to
			 apply any small business allowance or exemption available to the client for the
			 covered employees for the purpose of computing the tax.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.10 - Decisions on Registration Applications

Current through Register 1525, July 5, 2024
(1)
			 Each application for registration shall be granted or denied by the director
			 within 40 calendar days from the date of submission. Upon receipt of a complete
			 application, the department shall review said application and supporting
			 documentation. The department shall have the right to investigate and determine
			 whether the PEO may be registered. In making such determinations, the
			 department may utilize information from all sources legally available to it,
			 including but not limited to, information provided by the applicant,
			 information in the public domain and information supplied through government
			 agencies, inspections, hearings, and testimony.
(a)
Approval of
			 Application
. Persons who submit registration applications which
			 are approved by the director shall be notified in writing in the form of a
			 certificate of registration.
(b)
Denial of Registration and Opportunity for Adjudicatory
			 Hearing
. If the director finds that the applicant does not meet
			 the requirements for registration or that the applicant has provided
			 incomplete, unclear, or untruthful information, or the applicant or authorized
			 representative failed to appear at a hearing as required by the department, the
			 application shall be denied and shall not be granted.
(c)
Issuance of Registration with
			 Conditions
. The director may register a PEO with conditions. Said
			 conditions shall be clearly stated in the director's decision.
(d)
Failure to Uphold
			 Registration Conditions
. If a PEO fails to uphold the conditions
			 of any registration, said PEO shall be suspended or revoked by the director,
			 pursuant to 454 CMR 30.15.
(e)
Appeals
. If the director denies an application for
			 registration or grants a registration with conditions that are unacceptable to
			 an applicant, said applicant shall have 30 calendar days from the date of the
			 receipt of the director's decision to file an appeal, otherwise, the director's
			 decision shall become final. In the case of a timely appeal, the applicant
			 shall be afforded an administrative hearing in accordance with the Standard
			 Adjudicatory Rules of Practice and Procedure,
			 801 CMR 1.01:
Formal Rules
, or as otherwise agreed by the parties.
(f)
Judicial Review
.
			 After the issuance of a decision following an administrative review, any person
			 aggrieved by the final decision shall be entitled to a judicial review thereof
			 in accordance with M.G.L. c. 30A, § 14.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.11 - Registrations and Renewals of Registrations

Current through Register 1525, July 5, 2024
(1)
Annual Registration
. PEO registrations and any
			 renewals thereof shall be valid for a period of one year following the date of
			 issuance.
(2)
Renewal
			 Application
. A PEO renewing its registration shall submit to the
			 department a completed renewal application on a form issued by the director not
			 later than 30 calendar days prior to the expiration date of the registration.
			 Said application shall contain a current financial statement setting forth the
			 financial conditions of the PEO or the PEO group and shall include the most
			 recent audit of the applicant, any changes to the items specified at 454 CMR
			 30.04 since the time of registration or the most recent renewal and a
			 renewal-application fee made payable to the "Commonwealth of Massachusetts" in
			 the amount of $500.00. Payments may be processed online through the Department
			 of Labor Standards website at
www.mass.gov/dols
. The department shall
			 make administrative decisions on renewal applications in accordance with the
			 provisions of 454 CMR 30.10.
(3)
Operation of PEO Without a Registration
. It is the
			 responsibility of the PEO to keep the registration current. The operation of a
			 PEO without a registration may subject the PEO to civil penalties pursuant to
			 454 CMR 29.04:
Civil Citations
. However, a registrant's existing registration
			 shall remain in effect during the pendency of a renewal application.
(4)
Additional
			 Assessments
. In addition to any civil administrative penalty
			 assessed, a PEO found to be operating without a registration may be back
			 charged for the registration fee and/or any renewal fees plus interest in the
			 amount of 10% per annum on any back charges for the period of time for which
			 they were operating without registration.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.12 - Restrictions Relating to Fees and Charges

Current through Register 1525, July 5, 2024
(1)
Covered Employees
. Employees covered under a PEO
			 agreement shall not be charged any fee relating to the administration of
			 professional employer services or the PEO relationship.
(2)
Client Fees
.
			 There are no restrictions on the fees a PEO may charge a client.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.13 - Record-keeping Requirements

Current through Register 1525, July 5, 2024
(1) All PEOs shall
			 maintain, at a minimum, the following records and materials with the following
			 information:
(a) names, phone numbers, email
			 addresses and mailing addresses of clients and covered employees subject to PEO
			 agreements;
(b) any and all PEO
			 agreements;
(c) all documents
			 related to the commencement , termination, or administration of the PEO
			 services rendered;
(d) any client
			 records provided to the PEO for the administration of PEO services;
			 and
(e) any and all financial
			 records relating to a PEO agreement, PEO services or a PEO
			 relationship.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.14 - Inspections Conducted by the Department

Current through Register 1525, July 5, 2024
(1)
Right of Inspection
. The department shall have the
			 right to inspect the premises and the records of all PEOs and to interview
			 clients, employers, and workers. The director may suspend or revoke the
			 registration of any PEO that fails to furnish records and requested information
			 to the department or its inspector, or if the PEO hinders or interferes with
			 any authorized inspector while in the performance of his or her
			 duties.
(2)
Subpoena
			 Authority
. The director, when investigating any matter pertaining
			 to the issuance, transfer, revocation, or suspension of a PEO registration, may
			 take such testimony as may be necessary on which to base an official action.
			 When taking such testimony, the director may subpoena witnesses and also direct
			 that the department be furnished with necessary materials, books, papers, and
			 other records.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.15 - Complaints

Current through Register 1525, July 5, 2024
(1)
Filing of a
			 Complaint
. Any individual may file a complaint with the department
			 against a PEO. The complaint shall be filed in writing, with the department, in
			 a form prescribed by the director.
(2)
Review of
			 Complaint
. Upon receipt of a complaint, the department will
			 proceed to review and investigate the complaint to determine if further action
			 is warranted.
(3)
Referral to the Attorney General
. If the director,
			 after investigation, has cause to believe that any laws have been violated, the
			 director may refer said complaint to the Office of the Attorney General for
			 further action.
(4)
Hearings on Complaints Made Pursuant to the PEO Registration
			 Statute
. Notice of any complaint shall be provided to the PEO
			 owner against whom the complaint has been filed, within ten calendar days of
			 the filing of the complaint with the department. The department will hold any
			 hearing on alleged violations of the PEO registration statute no later than 30
			 calendar days from the date of receipt of a complaint by the department.
(a)
Notice
. Both the
			 complainant and respondent shall be given notice of a complaint hearing. Said
			 notice shall be in the form of a hearing notice stating the nature of the
			 complaint and section(s) of the statute and or regulation alleged to have been
			 violated, and shall be sent to complainant and respondent electronically at the
			 e-mail addresses provided to the department by the complainant and
			 respondent.
(b)
Appearance
. Complainant and respondent shall appear at
			 the appointed time and place of the hearing. Any request for a continuance
			 shall be made in writing and received at the department not later than two
			 business days prior to the scheduled hearing date.
(c)
Record
. A record
			 of all complaints and hearings shall be maintained by the department.
(d)
Recommended
			 Decision
. If the director has presided at the hearing, a "final
			 decision" shall be issued. If the director has not presided at the hearing, a
			 "recommended decision" shall be issued by the hearing officer, pursuant to
			 M.G.L. c. 30A, § 11(2) and the director may, in his or her sole
			 discretion, either adopt, amend or negate the recommended decision when issuing
			 a final decision.
(e)
Decision
. The director shall render his or her
			 decision on a complaint hearing not later than eight business days from the
			 date that either a recommended decision is provided to him or her or from the
			 date upon which the record of a hearing over which he or she has presided as
			 the hearing officer has closed.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.16 - Revocations and Suspensions of Registrations

Current through Register 1525, July 5, 2024
If it is revealed, through inspection, investigation, hearing,
				or any other means, that a PEO or any representative thereof is guilty of any
				fraudulent or illegal conduct in connection with the operation of such PEO, or
				of any violation of the provisions of M.G.L. c. 149, §§ 192 through
				203 or 454 CMR 30.00, the director may suspend or revoke the PEO's
				registration. If the director suspends or revokes the registration, said action
				shall be subject to judicial review in proceedings brought pursuant to M.G.L.
				c. 30A. If a registration is revoked, another registration shall not be issued
				within three years from the date of such revocation to said PEO, PEO owner,
				representative, or any associated entity of the same as determined by the
				director in his or her sole discretion.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.17 - Violations and Civil Administrative Penalties

Current through Register 1525, July 5, 2024
If the director, after investigation, has cause to believe that
				a person offering professional employer services or client has violated one or
				more provisions of M.G.L. c. 149, §§ 192 through 203 or 454 CMR
				30.00, then the director may among other available remedies and
				penalties:
(1) deny an application for
			 registration or renewal registration;
(2) revoke, suspend, restrict a
			 registration;
(3) place the
			 registrant on probation for the period and subject said registrant to
			 conditions that the department specifies;
(4) issue a cease and desist order;
(5) impose an administrative penalty in an
			 amount not to exceed $1,000 for each material violation; or
(6) refer the matter to the Office of the
			 Attorney General for criminal prosecution.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.18 - Public Disclosure

Current through Register 1525, July 5, 2024
The department shall, on an annual basis, make available to the
				public on its website at
www.mass.gov/dols
a list of businesses
				who have received a certificate of registration for the operation of a PEO
				pursuant to 454 CMR 30. 10. Such lists shall contain, at a minimum, the name
				which has been registered, the PEO's address, telephone number, and the
				registration number assigned by the department.
Additionally, if the department or the Office of the Attorney
				General takes any action against anyone operating a PEO, or against any client
				employer subject to 454 CMR 30.00, then the action and any penalty imposed may
				be disclosed to the public.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations › Section 30.19 - Severability

Current through Register 1525, July 5, 2024
The provisions of 454 CMR 30.00 are severable. If any provision
				or application thereof is held to be invalid by a court of competent
				jurisdiction, such invalidity will be severed and will not affect the remainder
				of 454 CMR 30.00.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 31.00

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
454 CMR 31.00: M.G.L. c. 149, §§ 6 and 6½ and
				the Governor's COVID-19 Order Nos. 33, 35, 37 ,40 ,43, 50 and 51 issued
				pursuant to St. 1950, c. 639.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 2.00 - Administration Of The Labor Relations Law: M.G.L. c. 150A › Section 2.01 - Definitions

Current through Register 1525, July 5, 2024
When used in the following sections, with reference to M.G.L. c. 150A, the words and phrases in 456 CMR 2.01 have the meanings as defined:
456 CMR 12.00:
General Provisions
;
456 CMR 13.00:
Conduct of Hearings
;
456 CMR 14.00:
Questions of Representation
;
456 CMR 15.00:
Investigations
;
456 CMR 16.00:
Various Provisions of M.G.L. c. 150E
;
456 CMR 18.00:
Designation of Department Agents
.
Board
. The Commonwealth Employment Relations Board established pursuant to M.G.L. c. 23, § 9R.
Days
. Calendar days, including Saturdays, Sundays and legal holidays.
Department
. The Department of Labor Relations established pursuant to M.G.L. c. 23, § 9O.
Director
. The Director of the Department of Labor Relations established pursuant to M.G.L. c. 23, § 9T.
Employee
. The meaning set forth in M.G.L. c. 150A, § 2.
Employer
. The meaning set forth in M.G.L. c. 150A, § 2.
Hearing Officer
. The Board member or Department agent designated to preside at a hearing.
Labor Organizations
. The meaning set forth in M.G.L. c. 150A, § 2.
Party
(as used in connection with the proceedings under M.G.L. c. 150A, § 6). The respondent to the charge, the charging party and any other persons, labor organizations, or entities whose intervention in the proceedings has been permitted by the Department.
Party
(as used in connection with proceedings under M.G.L. c. 150A, § 5). The employer, or employers, the person or organization designated in the notice of hearing and served therewith, the petitioner and any other person, labor organization, or entity whose intervention has been permitted by the Department, except as limited by the Department in granting such permission.
Person
. The meaning set forth in M.G.L. c. 150A, § 2.
Representatives
. The meaning set forth in M.G.L. c. 150A, § 2.
Showing of Interest
.
(a) Authorization cards or petitions, authorizing the named labor organization to represent such employees for the purpose of collective bargaining, provided that any such authorization cards or petitions are signed and individually dated by employees within six months prior to the filing of a petition pursuant to 456 CMR 14.03:
Petitions by Employee Organizations
.
(b) Authorization cards or petitions stating that such employees no longer wish to be represented by the named labor organization for the purpose of collective bargaining, provided that any such authorization cards or petitions are signed and individually dated by employees within six months prior to the filing of a petition pursuant to 456 CMR 14.04:
Petitions by Employees
.
(c) Other evidence approved by the Department.
Unfair Labor Practice
. The meaning set forth in M.G.L. c. 150A, § 2.
Written Majority Authorization
. The meaning set forth in M.G.L. c. 150A, § 2.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 2.00 - Administration Of The Labor Relations Law: M.G.L. c. 150A › Section 2.02 - General Provisions

Current through Register 1525, July 5, 2024
The provisions of 456 CMR 12.00:
General Provisions
are applicable to all proceedings conducted under 456 CMR 2.00.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 2.00 - Administration Of The Labor Relations Law: M.G.L. c. 150A › Section 2.03 - Conduct of Hearings

Current through Register 1525, July 5, 2024
The provisions of 456 CMR 13.00:
Conduct of Hearings
are applicable to all proceedings conducted under 456 CMR 14.00:
Questions of Representation
.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 2.00 - Administration Of The Labor Relations Law: M.G.L. c. 150A › Section 2.04 - Questions of Representation

Current through Register 1525, July 5, 2024
(1) The provisions of 456 CMR 14.00:
Questions of Representation
, except 456 CMR 14.06(1):
Contract Bar
and 14.07:
Employees of the Commonwealth
, are applicable to all proceedings conducted under M.G.L. c. 150A, §§ 5 and 5A, except that all references to M.G.L. c. 150E, § 4 in 456 CMR 14.00 shall be considered references to M.G.L. c. 150A, §§ 5 or 5A.
(2) Except for good cause shown, no petition filed under the provisions of M.G.L. c. 150A, §§ 5 or 5A, and no petition filed pursuant to 456 CMR 14.02(2)  or 14.03(2)  seeking to alter the composition or scope of a unit during the term of an existing valid collective bargaining agreement, shall be entertained unless such petition is filed no more than 90 days and no fewer than 60 days prior to the termination date of said agreement. A petition to alter the composition or scope of an existing unit by adding or deleting job classifications which have been created or whose duties have been substantially changed since the effective date of the collective bargaining agreement may be entertained at other times. No collective bargaining agreement shall operate as a bar for a period of more than three years.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 2.00 - Administration Of The Labor Relations Law: M.G.L. c. 150A › Section 2.05 - Prohibited Practices

Current through Register 1525, July 5, 2024
The provisions of 456 CMR 15.00:
Investigations
(except 15.04:
Six-month Limitation
), 16.06:
Advisory Rulings
and 16.08:
Compliance with Enforcement of Department Orders
are applicable to all proceedings under M.G.L. c. 150A, § 6, except that all references to M.G.L. c. 150E, § 10 shall be considered references to M.G.L. c. 150A, §§ 4, 4A, 4B, and 4C, and all references to M.G.L. c. 150E shall be considered references to M.G.L. c. 150A.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 2.00 - Administration Of The Labor Relations Law: M.G.L. c. 150A › Section 2.06 - Time Limit for Filing Charges

Current through Register 1525, July 5, 2024
(1)
15 Day Limit - M.G.L. c. 150A, § 6A Charges
. Any employee required to maintain union membership as a condition of employment who files a charge pursuant to M.G.L. c. 150A, § 6A, must file such charge not more than 15 days after notice that the union has requested the employee's discharge or other adverse action for failure to maintain union membership.
(2)
Six Month Limit - All Other Charges
. Except for good cause shown, no charge alleging a violation of other provisions of M.G.L. c. 150A shall be entertained by the Department based upon any prohibited practice occurring more than six months prior to the filing of the charges with the Department.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 2.00 - Administration Of The Labor Relations Law: M.G.L. c. 150A › Section 2.07 - Designation of Agents of the Department

Current through Register 1525, July 5, 2024
The provisions of 456 CMR 18.00:
Designation of Department Agents
are applicable to all proceedings under 456 CMR 2.00, except that all references to M.G.L. c. 150E shall be considered references to M.G.L. c. 150A.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 2.00 - Administration Of The Labor Relations Law: M.G.L. c. 150A › Section 2.08 - Construction of Rules and Amendments

Current through Register 1525, July 5, 2024
(1)
								456 CMR 2.00 shall be liberally construed to effectuate the purposes and provisions of M.G.L. c. 150A.
(2) The provisions of 456 CMR 14.19:
Certification by Written Majority Authorization
, 14.20:
Bars to Petitions for Certification by Written Majority Authorization
, and 14.21:
Intervention in Written Majority Authorization Cases
, except 456 CMR 14.19(1)(g), (13), and (14)(b), are applicable to all proceedings under M.G.L. c. 150A, § 5, except that all references to M.G.L. c. 150E, § 1 shall be considered references to M.G.L. c. 150A, § 2, all references to M.G.L. c. 150E, §§ 3 and 4 shall be considered references to M.G.L. c. 150A, § 5, and all references to employee organization shall be considered references to labor organization as defined in M.G.L. c. 150A, § 2.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 10.00 - Administration Of M.G.L. c. 150E, An Act Providing For Collective Bargaining For Public Employees › Section 10.01 - Applicability of Rules

Current through Register 1525, July 5, 2024
All proceedings before the Department of Labor Relations arising under M.G.L. c. 150E shall be conducted in accordance with 456 CMR 10.00 through 23.00.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 11.00 - Definitions › Section 11.02 - Terms Defined by Law

Current through Register 1525, July 5, 2024
Adjudicatory proceeding shall have the meaning set forth in M.G.L. c. 30A, § 1 and shall include proceedings governed pursuant to the following:
456 CMR 11.00;
456 CMR 12.00:
General Provisions
;
456 CMR 13.00:
Conduct of Hearings
;
456 CMR 15.00:
Investigations
;
456 CMR 17:00:
Agency Service Fee
.
Advisory Council
. The Advisory Council established pursuant to M.G.L. c. 23, § 9Q.
Appropriate Bargaining Unit
. A bargaining unit determined by the criteria set forth in M.G.L. c. 150E, § 3.
Board
. The Commonwealth Employment Relations Board established pursuant to M.G.L. c. 23, § 9R.
Cost Items
. The meaning set forth in M.G.L. c. 150E, § 1.
Department
. The Department of Labor Relations established pursuant to M.G.L. c. 23, § 9O.
Director
. The Director of the Department of Labor Relations established pursuant to M.G.L. c. 23, § 9T.
Employee
or
Public Employee
. The meanings set forth in M.G.L. c. 150E, § 1.
Employee Organization
. The meaning set forth in M.G.L. c. 150E, § 1.
Employer
. The meaning set forth in M.G.L. c. 150E, § 1.
Incremental Cost Items
. The meaning set forth in M.G.L. c. 150E, § 1.
Legislative Body
. The meaning set forth in M.G.L. c. 150E, § 1.
Professional Employee
. The meaning set forth in M.G.L. c. 150E, § 1.
Prohibited Practice
. The meaning set forth in M.G.L. c. 150E, § 10.
Strike
. The meaning set forth in M.G.L. c. 150E, § 1.
Written Majority Authorization
. The meaning as set forth in M.G.L. c. 150E, § 1.