reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 31.00 - For-profit and occupational schools › Section 31.05 - Required Disclosures

Current through Register 1525, July 5, 2024
(1) It is an
			 unfair or deceptive act or practice for a school to conceal or fail to disclose
			 to a prospective student any fact relating to the school or program, disclosure
			 of which is likely to influence the prospective student not to enter into the
			 transaction with the school.
(2) It
			 is an unfair or deceptive act or practice to fail to make the following
			 disclosure to consumers and prospective students, clearly and conspicuously, at
			 least 72 hours prior to entering into an enrollment agreement with a consumer
			 or prospective student:
(a)
Cost
			 of Program
. The total cost of the program is [program
			 cost].
(b)
Graduation
. [Graduation rate] of students graduated
			 from the program during [the last two calendar years for which data are
			 available].
(c)
Graduation Time
. The average student graduates in
			 [median completion time].
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 31.00 - For-profit and occupational schools › Section 31.06 - Prohibited Practices

Current through Register 1525, July 5, 2024
(1)
Anonymous Advertising
. It is an unfair or deceptive
			 act or practice for a school to use anonymous advertisements, including
			 advertisements that conceal or fail to disclose the name of the school, to
			 solicit prospective students, or to use "help wanted" or other employment
			 columns in a newspaper, or Internet job boards or employment websites, or other
			 publications, whether printed or electronic, in such a manner as to mislead or
			 deceive consumers, prospective students, or any other person or to cause such a
			 person to believe that a job is offered.
(2)
Facilitating Improper
			 Conduct
. It is an unfair or deceptive act or practice for a school
			 to encourage, enable, or reasonably fail to prevent students from cheating on
			 examinations or classwork.
(3)
Falsifying Records
. It is an unfair or deceptive act
			 or practice for a school to misrepresent or falsify a student's attendance or
			 academic progress or record in order to permit a student to continue to receive
			 financial aid or to graduate from a program or for any other reason.
(4)
Misrepresenting Program
			 Content
. It is an unfair or deceptive act or practice for a school
			 to award a certificate or diploma or confer a degree which misrepresents the
			 program or course of study or instruction covered or completed or the
			 accomplishments or standing of the student receiving such certificate, diploma,
			 or degree.
(5)
Failing
			 to Offer Appropriate Internships
. It is an unfair or deceptive act
			 or practice for a school to promise an internship or externship (collectively
			 "internship"), or include an internship as a required element of a program
			 unless the school ensures that all such internships offer training in the field
			 of study, and offers school-based personnel to assist in locating and arranging
			 student internships.
(6)
Enrolling Unqualified Students
. It is an unfair or
			 deceptive act or practice for a school to enroll or induce retention of a
			 student in any program when the school knows, or should know, that due to the
			 student's educational level, training, experience, physical condition, lack of
			 language proficiency, or other material disqualification, the student will not
			 or is unlikely to:
(a) graduate from the
			 program; or
(b) meet the
			 requirements for employment in the occupation to which the program is
			 represented to lead. If a student has a disability, the determination shall be
			 made based on the student's ability to graduate from the program or meet the
			 requirements for employment with the provision of a reasonable accommodation
			 for that disability. In addition, in no event shall
			 940 CMR 31.00 contravene the
			 requirements of, or obligations of a school to accommodate students in
			 accordance with the Americans with Disabilities Act, the Rehabilitation Act, or
			 any other applicable law concerning students with disabilities.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 31.00 - For-profit and occupational schools › Section 31.07 - Unfair or Deceptive Practices Involving Student Loans and Financial Aid

Current through Register 1525, July 5, 2024
(1) It is an unfair
			 or deceptive act or practice for a school to make any statement or
			 representation to students, prospective students, or any other person as to
			 student loans or financial aid that is misleading or has the capacity to
			 deceive students or prospective students.
(2) It is an unfair or deceptive act or
			 practice for a school to make any statement or representation to students,
			 prospective students, or any other person that:
(a) a federal or state grant, or federal,
			 state, or private loan or financial aid is exclusively available at or through
			 the school;
(b) a program is free
			 or costless to the student as a result of financial aid, when the financial aid
			 consists in whole or in part of loans;
(c) financial aid need not be repaid, when
			 the financial aid consists in whole or in part of loans; or
(d) financial aid need not be repaid while
			 the student is in school when the financial aid consists in whole or in part of
			 public or private loans, any of which have no grace period or deferral
			 term.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 31.00 - For-profit and occupational schools › Section 31.08 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR 31.00 or the
				application of any provision of a regulation to any person or circumstance is
				held to be invalid, the validity of the remainder of
				940 CMR 31.00 and the
				applicability of such provision to other persons or circumstances shall not be
				affected.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 32.00 - Domestic Workers › Section 32.01 - Purpose, Scope, and Other General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of
			 940 CMR
			 32.00 is to interpret, enforce, and effectuate the
			 purposes of the Domestic Workers Bill of Rights Act, St. 2014, c. 148, as
			 codified at M.G.L. c. 149, § 190.
(2)
Scope
.
			 940 CMR
			 32.00 applies to any individual who performs work of a
			 domestic nature in a household, in accordance with M.G.L. c. 149, §
			 190(a).
(3)
Benefits
			 Maintained
. Nothing in
			 940 CMR
			 32.00 shall affect any policy or practice of an
			 employer which provides for greater, additional, or more generous wages,
			 benefits, or working conditions to a domestic worker than those required under
			 940 CMR
			 32.00 or by M.G.L. c. 149, § 190.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 32.00 - Domestic Workers › Section 32.03 - Working Conditions

Current through Register 1525, July 5, 2024
(1)
Rest Periods
.
(a) An
			 employer who employs a domestic worker for 40 hours a week or more shall
			 provide a rest period of at least 24 consecutive hours in each calendar week
			 and a rest period of at least 48 consecutive hours during each calendar month.
			 The 24 consecutive hours of rest that must be provided per week may, at the
			 discretion of the employer, during one such week, run concurrently with the
			 minimum 48 consecutive hours that must be provided by an employer at least once
			 per calendar month.
(b) Where
			 possible, a rest period should accommodate religious worship, including the
			 domestic worker's attendance at a place of worship, if any.
(c) When a domestic worker is employed for 40
			 hours a week or more, the domestic worker and the employer may enter into a
			 written agreement where the domestic worker agrees to work during a previously
			 designated rest period. Such written agreement to work during a
			 previously-designated rest period shall:
1.
			 be in a language easily understood by the domestic worker;
2. be entered into prior to performance of
			 services during the previously designated rest period;
3. specify the rest period or periods which
			 the domestic worker agrees to work; and
4. be signed or acknowledged (whether in
			 writing or by means of electronic communication) by the domestic worker and the
			 employer.
(d) Rest
			 periods, whether paid or unpaid, shall be considered job-protected leave. Rest
			 periods shall be in addition to any job-protected leave to which a domestic
			 worker may have a right under the Family Medical Leave Act, 29 U.S.C. §
			 2601
et seq
., the Parental Leave Act, M.G.L. c. 149, §
			 105D, the Domestic Violence Leave Act, M.G.L. c. 149, § 52E, the Small
			 Necessities Leave Act, M.G.L. c. 149, § 52D and
			 940 CMR 20.00:
Employee Leave for Certain Family Obligations
, the Earned Sick
			 Time Law, M.G.L. c. 149, §§ 148C and 148D and
			 940 CMR
			 33.00:
Earned Sick Time
.
(e) If an employer provides a paid rest
			 period, the rest period shall be considered vacation time and pay under M.G.L.
			 c. 149, § 148.
(f) When a
			 domestic worker who does not reside on the employer's premises is on duty for
			 less than 24 consecutive hours, the employer shall pay the domestic worker for
			 all such time as working time pursuant to
			 454 CMR 27.02:
Definitions
.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 32.00 - Domestic Workers › Section 32.04 - Notice and Recordkeeping

Current through Register 1525, July 5, 2024
(1)
Written Evaluation
. A domestic worker may request a
			 written evaluation of his or her work performance from an employer after three
			 months of employment and annually thereafter. A domestic worker may inspect and
			 dispute any written evaluation as provided under M.G.L. c. 149, §
			 52C.
(2)
Recordkeeping
. An employer who employs a domestic
			 worker shall keep a true and accurate record of wages and hours for three years
			 in accordance with M.G.L. c. 151, § 15.
(3)
Written
			 Agreement
. An employer who employs a domestic worker for 16 hours
			 or more per week shall provide to the domestic worker, and retain for a period
			 of three years from the date when services were performed, signed and dated by
			 both the worker and employer, a written agreement in a language or languages
			 easily understood by both the worker and employer(s), regarding the following
			 information:
(a) the rate of pay, including
			 overtime and additional compensation for added duties or multilingual
			 skills;
(b) working hours,
			 including meal periods and other time off;
(c) if applicable, the provisions for days of
			 rest, sick days, vacation days, personal days, holidays, transportation, health
			 insurance, severance and yearly raises and whether or not earned vacation days,
			 personal days, holidays, severance, transportation and health insurance costs
			 are paid or reimbursed;
(d) any
			 fees or other costs, including costs for meals and lodging;
(e) the responsibilities, including
			 regularity, associated with the job;
(f) the process for raising and addressing
			 grievances and additional compensation if new duties are added;
(g) the right to collect workers'
			 compensation benefits if injured on the job;
(h) if applicable, the circumstances under
			 which the employer may enter the domestic worker's designated living space on
			 the employer's premises;
(i) the
			 required notice of employment termination by the employer and by the domestic
			 worker;
(j) any additional
			 benefits afforded to the domestic worker by the employer; and
(k) for live-in domestic workers only, a
			 description of what the employer deems as cause for purposes of immediate
			 termination and removal within 48 hours from the employer's home without
			 severance pay. An employer need not list all conduct that would constitute
			 cause for termination but shall make a good faith effort to describe the
			 circumstances that would result in the worker's loss of lodging and severance.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 32.00 - Domestic Workers › Section 32.05 - Additional Provisions

Current through Register 1525, July 5, 2024
(1)
Shared Services
. If shared services are provided by a
			 domestic worker, each employer shall be jointly and severally liable for their
			 obligations under M.G.L. c. 149, § 190 and
			 940 CMR
			 32.00. Every employer who has engaged a domestic
			 worker to provide shared services shall sign all written agreements affecting
			 the parties and, if the total employment equals or exceeds 16 hours, every
			 employer shall sign and be a party to an agreement that provides the
			 information required under
			 940 CMR 32.04(3)(a)
			 through (k).
(2)
Retaliation
			 Prohibited
. No domestic worker shall be penalized or suffer any
			 adverse action in any way by an employer as a result of any action on the part
			 of domestic worker to seek to exercise the worker's rights under
			 940 CMR
			 32.00 or M.G.L. c. 149, § 190, pursuant to M.G.L.
			 c. 149, § 148A.
(3)
Enforcement by the Attorney General
. The Attorney
			 General may enforce the obligations set forth in M.G.L. c. 149, § 190 and
			 940 CMR
			 32.00 by seeking injunctive or declaratory relief in
			 Superior Court. Pursuant to M.G.L. c. 149, § 27C, the Attorney General may
			 also issue a written warning or a civil citation to an employer, requiring that
			 an infraction be rectified, that restitution be made to the domestic worker, if
			 any, and/or that a civil penalty be paid to the Commonwealth. Civil citations
			 may be appealed to the Division of Administrative Law Appeals, as provided by
			 M.G.L. c. 149, § 27C.
(4)
Private Right of Action
. A domestic worker claiming to
			 be aggrieved by a violation of M.G.L. c. 149, § 190, may, 90 days after
			 the filing of a complaint with the Attorney General, or sooner if the Attorney
			 General assents in writing, and within three years after the violation,
			 institute and prosecute in the domestic worker's own name and on the domestic
			 worker's own behalf, or for the domestic worker and for others similarly
			 situated, a civil action for injunctive relief, for any damages incurred, and
			 for any lost wages and other benefits. An employee so aggrieved who prevails in
			 such an action shall be awarded treble damages, as liquidated damages, for any
			 lost wages and other benefits and shall also be awarded the costs of the
			 litigation and reasonable attorneys' fees.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 32.00 - Domestic Workers › Section 32.06 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR
				32.00 or the application of any provision of
				940 CMR
				32.00 to any person or circumstance is held invalid,
				the validity of the remainder of
				940 CMR
				32.00 and the applicability of such provision to other
				persons or circumstances shall not be affected.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 33.00 - Earned Sick Time › Section 33.01 - Purpose, Scope and Other General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose.
To clarify practices and policies in the administration
			 and enforcement of the Earned Sick Time Law, M.G.L. c. 149, §
			 148C.
(2)
Scope
.
			 940 CMR
			 33.00 applies to all employers with employees eligible
			 to accrue and use earned sick time and all employees of those employers in
			 accordance with M.G.L. c. 149, § 148C.
(3)
Interaction with State and Federal
			 Leave Laws.
The time off provided by M.G.L. c. 149, § 148C, may run
			 concurrently with time off provided by the Family Medical Leave Act, 29 U.S.C.
			 § 2601 et seq., the Massachusetts Parental Leave Act, M.G.L. c. 149,
			 § 105D, the Massachusetts Domestic Violence Leave Act, M.G.L. c. 149,
			 § 52E, the Small Necessities Leave Act, M.G.L. c. 149, § 52D, and
			 other leave laws that may allow employees to make concurrent use of leave for
			 the same purposes as M.G.L. c. 149, § 148C. Employees may choose to use,
			 or employers may require employees to use, concurrent earned paid sick time, as
			 provided under M.G.L. c. 149, § 148C, to receive pay when taking other
			 statutorily-authorized leave that would otherwise be unpaid.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 33.00 - Earned Sick Time › Section 33.03 - Accrual and Use of Earned Sick Time

Current through Register 1525, July 5, 2024
Employees Eligible to Accrue and Use Earned Sick
				Time
(1) An employee is
			 eligible to accrue and use earned sick time if the employee's primary place of
			 work is in Massachusetts regardless of the location of the employer. An
			 employee need not spend 50% or more time working in Massachusetts for a single
			 employer in order for Massachusetts to be the employee's primary place of work.
Example
: A painter with a single
				employer works 40% of her hours in Massachusetts, 30% in New Hampshire and 30%
				in other states. Massachusetts is her primary place of work.
Example
: A retail clerk relocates from
				New York to Massachusetts and takes a job at the employer's Boston store. Upon
				the first date of actual work at the Boston store, Massachusetts becomes the
				clerk's primary place of work.
(2) If an employee is eligible to accrue and
			 use earned sick time, then all hours the employee works must be applied toward
			 accrual of earned sick time regardless of the location of the work and
			 regardless of the location of the employer.
Example
: In a single year, an employee
				of a catering company works 550 hours in Massachusetts, 350 hours in New
				Hampshire and 200 hours in Maine. The caterer will accrue earned sick time on
				all 1,100 hours worked for the catering company.
(3) Eligible employees permanently
			 transferred to another state but remaining with the same employer will no
			 longer accrue earned sick time but may use their accrued time.
Accrual of Earned Sick Time
(4) Employees accrue earned sick time on all
			 hours worked at a rate of one hour of earned sick time for every 30 hours
			 worked, including overtime hours, up to a cap of 40 hours per benefit
			 year.
(5) Employees accrue earned
			 sick time only on hours worked, not on hours paid when not working. For
			 example, employees do not accrue earned sick time during vacation, paid time
			 off, or while using earned sick time.
(6) Employees exempt from overtime
			 requirements under
			 29
			 U.S.C. §
									213(a)(1)
			 shall be assumed to work 40 hours in each work week for purposes of earned sick
			 time accrual unless their jobs specify a lower number of hours per week, such
			 as salaried part-time employees. In such cases, earned sick time shall accrue
			 based on that specified number of hours per week.
(7) Employees paid on a piece work or
			 fee-for-service basis accrue earned sick time based on a reasonable measure of
			 the time the employees work, including established practices or billing.
(a) Adjunct faculty compensated on a
			 fee-for-service or per-course basis shall be deemed to work three hours for
			 each classroom hour worked.
(b)
			 Family Child Care Providers, as defined by M.G.L. c. 15D, § 17, shall be
			 deemed to work six hours for each part day worked and ten hours for each full
			 day worked.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 33.00 - Earned Sick Time › Section 33.04 - Employer Size

Current through Register 1525, July 5, 2024
(1) An employer
			 must provide earned paid sick time to all eligible employees if the employer
			 maintained an average of 11 or more employees on the payroll during the
			 preceding benefit year.
Employers shall determine the average number of employees by
				counting the number of employees, including full time, part-time, seasonal, and
				temporary employees, on the payroll during each pay period and dividing by the
				number of pay periods. Employees furnished to an employer by a temporary
				staffing agency and paid by the staffing agency count as employees of both the
				staffing agency and the employer for the purpose of determining employer
				size.
(2) If an employer
			 uses multiple start dates for the benefit year, such as dates based on
			 employees' anniversaries of hire, the employer should calculate employer size
			 based on the previous January 1 to December 31 calendar year.
(3) All of an employer's employees, including
			 full-time, part-time, seasonal, and temporary employees, whether working in or
			 outside Massachusetts and regardless of their eligibility to accrue and use
			 earned sick time, shall be counted for the purpose of determining employer
			 size.
(4) All employers with fewer
			 than 11 employees must provide employees with the right to accrue and use up to
			 40 hours of earned unpaid sick time per benefit year.
(5) Employers shall notify all eligible
			 employees at least 30 days in advance in writing if earned sick time will be
			 changing from paid to unpaid or from unpaid to paid sick time based on a change
			 in employer size.
(6) Earned sick
			 time is paid when used, if the employer provided paid time when the employee
			 accrued the time. Earned sick time is unpaid when used, if the employer
			 provided unpaid time when the employee accrued the time.
(7) When an employee has both unused earned
			 paid and unpaid sick time available for use, the employee has the option of
			 using either or both to cover the use of earned sick time.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 33.00 - Earned Sick Time › Section 33.05 - Notice of Use of Earned Sick Time

Current through Register 1525, July 5, 2024
(1)
			 Employees must notify their employers before they use earned sick time, except
			 in an emergency.
(a) Earned sick time cannot
			 be used as an excuse to be late for work without an authorized purpose under
			 M.G.L. c. 149, § 148C.
(b) For
			 foreseeable or pre-scheduled use of earned sick time, the employer may have a
			 written policy requiring up to seven days' notice, except where the employee
			 learns of the need to use earned sick time within a shorter period.
(c) Notice required for unforeseeable
			 absences is what is reasonable under the circumstances, recognizing that there
			 are certain situations such as accidents or sudden illness for which advance
			 notice might be infeasible.
(d) For
			 multi-day absences, an employer may require notification of the expected
			 duration of the leave or, if unknown, then on a daily basis from the employee
			 or the employee's surrogate (
e.g
. spouse, adult family member
			 or other responsible party), unless the circumstances make such notice
			 unreasonable.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 33.00 - Earned Sick Time › Section 33.06 - Documentation of Use of Earned Sick Time

Current through Register 1525, July 5, 2024
(1)
			 An employer may require written documentation for an employee's use of earned
			 sick time that:
(a) exceeds 24 consecutively
			 scheduled work hours;
(b) exceeds
			 three consecutive days on which the employee was scheduled to work;
(c) occurs within two weeks prior to an
			 employee's final scheduled day of work before termination of employment, except
			 in the case of temporary employees (
i.e
.
Temp
			 Workers
);
(d) occurs
			 after four unforeseeable and undocumented absences within a three-month period;
			 or
(e) for employees younger than
			 18 years old, occurs after three unforeseeable and undocumented absences within
			 a three-month period.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 33.00 - Earned Sick Time › Section 33.07 - Allowable Substitution of Employers' Paid Leave Policies

Current through Register 1525, July 5, 2024
(1) Employers may have their own sick leave
			 or paid time off policies, so long as all employees can use at least the same
			 amount of time, for the same purposes, under the same conditions, and with the
			 same job protections provided in M.G.L. c. 149, § 148C.
(2) Employers may have different paid leave
			 policies for different groups of employees, so long as all employees can use at
			 least the same amount of time, for the same purposes, under the same
			 conditions, and with the same job protections provided in M.G.L. c. 149, §
			 148C.
Example
: An employer may provide all employees
				working more than 20 hours per week with 80 hours of paid time off per benefit
				year while per diem workers receive earned sick time at the rate of accrual of
				one hour for every 30 hours worked.
(3) An employer's own paid time off,
			 vacation, sick leave, or other policy may be substituted for earned sick time
			 so long as 40 hours of time off provided under the policy, or such lesser
			 amount as each employee might earn if the employer were not using the
			 substitute policy, complies with all the provisions of M.G.L. c. 149, §
			 148C, and
			 940 CMR
			 33.00, including:
a)
			 accrual at the rate of no less than one hour for every 30 hours of
			 work;
b) pay at the employee's same
			 hourly rate;
c) access for all uses
			 authorized under M.G.L. c. 149, § 148C;
d) availability under the same conditions of
			 notice and documentation; and
e)
			 extension of the same job protections.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 33.00 - Earned Sick Time › Section 33.08 - Prohibition on Retaliation and Non-interference

Current through Register 1525, July 5, 2024
(1) It is unlawful for any employer to
			 interfere with, restrain, or deny the exercise of, or the attempt to exercise,
			 any right provided under or in connection with this section, including, but not
			 limited to, using the taking of earned sick time under M.G.L. c. 149, §
			 148C, as a negative factor in any employment action such as evaluation,
			 promotion, disciplinary action, or termination, or otherwise subjecting an
			 employee to discipline for the use of earned sick time under M.G.L. c. 149,
			 § 148C.
(2) It is unlawful for
			 any employer to take any adverse action against an employee because the
			 employee opposes practices which the employee reasonably believes to be in
			 violation of M.G.L. c. 149, § 148C, or 940 CMR 33.08, or because the
			 employee supports the exercise of rights of another employee under M.G.L. c.
			 149, § 148C. Exercising rights under M.G.L. c. 149, § 148C, shall
			 include but not be limited to filing an action, or instituting or causing to be
			 instituted any proceeding, under or related to M.G.L. c. 149, § 148C;
			 providing or intending to provide any information in connection with any
			 inquiry or proceeding relating to any right provided under M.G.L. c. 149,
			 § 148C; or testifying or intending to testify in any inquiry or proceeding
			 relating to any right provided under M.G.L. c. 149, § 148C, or
			 940 CMR
			 33.00.
(3)
			 Examples of adverse actions include but are not limited to:
a) denying use or delaying payment of earned
			 sick time;
b) terminating an
			 employee;
c) taking away work
			 hours;
d) negatively altering the
			 terms or conditions of employment;
e) disciplining an employee under the
			 employer's attendance policy;
f)
			 giving an employee undesirable assignments or schedule changes;
g) giving false negative references for
			 future employment;
h) making false
			 criminal reports to authorities about the employee;
i) reporting an employee to immigration
			 authorities; or
j) threatening an
			 employee with any of the adverse actions listed in 940 CMR 33.08.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 33.00 - Earned Sick Time › Section 33.09 - Recordkeeping and Disclosure

Current through Register 1525, July 5, 2024
(1) Employers
			 shall keep true and accurate records of the accrual and use of earned sick
			 time, consistent with the recordkeeping requirements of M.G.L. c. 151, §
			 15. However, if an employer provides time off to employees under a paid time
			 off, vacation or other policy that complies with M.G.L. c. 149, § 148C,
			 the employer is not required to track and keep a separate record on accrual and
			 use of earned sick time, except employers must keep records of the time
			 designated as earned sick time where the employer chooses to maintain separate
			 policies under
			 940 CMR
			 33.07(7).
(2) Employers shall maintain such records for
			 a period of three years and must provide copies upon demand by the Attorney
			 General or a designee from the Attorney General's Office. An employee who
			 requests such records pertaining to the employee shall be provided with a copy
			 within ten business days, and, if the employee so requests, shall be allowed to
			 inspect the original paper or electronic records at a reasonable time and
			 place.
(3) Employers shall post a
			 notice of the M.G.L. c. 149, § 148C, prepared by the Attorney General, in
			 a conspicuous place accessible to employees in every location where eligible
			 employees work.
(4) Employers shall
			 provide a hard copy or electronic copy of this notice to all eligible
			 employees, or include the employer's policy on earned sick time or the
			 employer's allowable substitute paid leave policy in any employee manual or
			 handbook.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 33.00 - Earned Sick Time › Section 33.10 - Violations of the Earned Sick Time Law

Current through Register 1525, July 5, 2024
Violation of any provision of M.G.L. c. 149, § 148C, or
				940 CMR
				33.00 shall be subject to M.G.L c. 149, § 27C(b)
				(1), (2), (4), (6) and (7) and to § 150.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 33.00 - Earned Sick Time › Section 33.11 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR
				33.00 or the application of any provision of a
				regulation to any person or circumstance is finally held invalid by a court of
				competent jurisdiction, the validity of the remainder of
				940 CMR
				33.00 shall not be affected.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.01 - Purpose

Current through Register 1525, July 5, 2024
940 CMR 34.00 is intended to protect Massachusetts consumers
				who play Daily Fantasy Sports contests for prizes from unfair and deceptive
				acts and practices that may arise in the gaming process. 940 CMR 34.00 is also
				intended to protect the families of persons who play Daily Fantasy Sports to
				the extent that they may be affected by unfair and deceptive practices that
				lead to unaffordable losses.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.02 - Scope

Current through Register 1525, July 5, 2024
940 CMR 34.00 defines unfair or deceptive acts or practices
				that violate M.G.L. c. 93A, § 2(a), but is not intended to define all
				Daily Fantasy Sports activities that violate the statute. Daily Fantasy Sports
				acts or practices not specifically proscribed in 940 CMR 34.00 are not to be
				treated, by implication, as permitted under M.G.L. c. 93A or other applicable
				law. Nor shall 940 CMR 34.00 be interpreted to limit claims available under
				M.G.L. c. 93A and other law prior to April 8, 2016.
940 CMR 34.00 applies to acts or practices of Daily Fantasy
				Sports Operators doing business in Massachusetts.
Nothing in 940 CMR 34.00 may be interpreted as authorizing a
				wager, bet, or gambling activity that is prohibited by law.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.04 - Gameplay by Minors; Prohibition of Games Based on Student Sporting Events

Current through Register 1525, July 5, 2024
With respect to DFS Consumers and to any other person present
				in Massachusetts:
(1)
No
			 Gameplay by Minors
. A DFSO shall not allow a Minor to participate
			 in any DFS contest, whether or not a Prize is offered in that
			 contest.
(2)
Refunds of
			 Deposits by Minors
. A DFSO shall promptly refund any money held in
			 a Minor's account, whether or not the Minor has engaged in or attempted to
			 engage in gameplay. A DFSO may refuse to award a Prize to a Minor upon a
			 good-faith determination, following reasonable investigation, that the Minor
			 misrepresented his or her age in order to enter the DFS contest, provided,
			 however, that such Prize must then be awarded to another participant in the
			 contest who would have won the Prize had the Minor not participated.
(3)
No DFS Games Based on Amateur
			 Sporting Events
. DFSOs shall not permit entry in DFS contests that
			 include amateur, college, high school or student sporting events.
(4)
Parental
			 Controls
. DFSOs shall make available, Prominently Publish and
			 facilitate parental control procedures to allow parents or guardians to exclude
			 Minors from access to any DFS Contest Platform.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.05 - Protection of Consumer Funds on Deposit and Compliance with Data Security Requirements

Current through Register 1525, July 5, 2024
(1)
Data Security
. DFSOs shall comply with all applicable
			 state and federal requirements for data security.
(2)
Protections for DFS
			 Accounts
.
(a) Funds in DFS
			 Consumer accounts must either be held:
1. in
			 trust for the DFS Consumer in a Segregated Account; or
2. in a special purpose Segregated Account
			 that is maintained and controlled by a properly constituted corporate entity
			 that is not the DFSO and whose governing board includes one or more corporate
			 directors who are independent of the DFSO and of any corporation related to or
			 controlled by the DFSO. Said corporate entity must require a unanimous vote of
			 all corporate directors to file bankruptcy and must have articles of
			 incorporation that prohibit commingling of funds with those of the DFSO except
			 as necessary to reconcile the accounts of DFS Consumers with sums owed by those
			 Consumers to the DFSO. Said special purpose corporate entity must also be:
a. Restricted from incurring debt other than
			 to DFS players pursuant to the rules that govern their accounts as consumers of
			 DFS contests;
b. Restricted from
			 taking on obligations of the DFSO other than obligations to DFS players
			 pursuant to the rules that govern their accounts as consumers of DFS contests;
			 and
c. Prohibited from dissolving,
			 merging or consolidating with another company (other than a special purpose
			 corporate entity established by another DFSO that meets the requirements of
			 this section) while there are unsatisfied obligations to DFS players including,
			 without limitation, to DFS Consumers.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.06 - Limitation to One Account per DFS Player

Current through Register 1525, July 5, 2024
(1)
One Account per Player
. DFSOs shall not allow a DFS
			 player to establish more than one username or more than one account.
(2)
Identification of
			 Players
. DFSOs shall take commercially and technologically
			 reasonable measures to verify DFS players' true identities and addresses and
			 shall use such information, at a minimum, to enforce 940 CMR
			 34.06(1).
(3)
Termination of Players that Establish More than One
			 Account
. DFSOs shall implement and Prominently Publish procedures
			 to terminate all accounts of any DFS player that establishes or seeks to
			 establish more than one username or more than one account, whether directly or
			 by use of another person as proxy. Such procedures may allow a DFS player that
			 establishes or seeks to establish more than one username or more than one
			 account to retain one account provided that the DFSO investigates and makes a
			 good-faith determination that the DFS player's conduct was not intended to
			 obtain a competitive advantage.
(4)
No Proxy Servers
. DFSOs shall not allow DFS players to
			 use a proxy server for the purpose of misrepresenting their location in order
			 to engage in DFS contest play.
(5)
No Proxy Players
. DFSOs shall take commercially and
			 technologically reasonable measures to prevent one DFS player from acting as a
			 proxy for another. Such measures shall include, without limitation, use of
			 geolocation technologies to prevent simultaneous logins to a single account
			 from geographically inconsistent locations.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.07 - Requirements for Fair and Truthful Advertising

Current through Register 1525, July 5, 2024
(1)
Compliance with Existing
			 Advertising Regulations
. DFSOs shall comply with the following
			 regulations promulgated by the AGO to the extent they concern advertising and
			 apply to the DFS business model:
			 940 CMR
			 3.00:
General
and 6.00:
Retail Advertising
.
(2)
No Depiction of
			 Minors
. DFSO advertisements shall not depict:
(a) Minors (other than professional athletes
			 who may be Minors);
(b)
			 students;
(c) schools or colleges;
			 or
(d) school or college settings,
			 provided, however, that incidental depiction of non-featured Minors
			 (
e.g
., as a face in a crowd) will not be a violation of 940
			 CMR 34.07(2).
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.08 - Restrictions on Advertising to Minors or at Schools or School Sporting Events

Current through Register 1525, July 5, 2024
(1)
No
			 Advertisements Targeted to Minors
. DFSOs shall not advertise in
			 publications or other media in Massachusetts that are aimed exclusively or
			 primarily at Minors.
(2)
No Promotional Activities at Schools or Colleges
.
			 DFSOs shall not advertise or run promotional activities at elementary or
			 secondary schools or on college campuses in Massachusetts.
(3)
No Promotion in Massachusetts
			 of DFS Contests that Include Amateur, College, High School or Student Sporting
			 Events
. DFSOs shall not run promotional activities in
			 Massachusetts for games based on amateur, college, high school or student
			 sporting events.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.09 - Promotional Offers

Current through Register 1525, July 5, 2024
(1)
Compliance with Existing Law on Promotional Offers
. A
			 DFSO's promotional offers shall comply with
			 940 CMR
			 3.13(3):
Deceptive
			 Use of "Loss Leaders
" and 6.08:
Prizes
excepting
			 6.08(3)(b) and (c), (5)(b) and (c) and (6).
(2)
Pre-disclosure of Terms of
			 Promotional Offers
. DFSOs shall fully and accurately disclose the
			 material terms of all promotional offers at the time such offers are advertised
			 and provide full disclosures of the terms of and limitations on the offer
			 before the DFS Consumer provides anything of value in exchange for the offer.
			 If the material terms of a promotional offer cannot be fully and accurately
			 disclosed within the constraints of a particular advertising medium
			 (
e.g
., on a billboard), the promotional offer may not be
			 advertised in that medium.
(3)
Limitation of Delay of Implementation of Promotional Offers
			 Available to New Customers
. No promotional offer available to new
			 DFS Consumers may contain terms that delay its full implementation by the DFSO
			 for a period of longer than 90 days, regardless of the amount of gameplay in
			 that period by the DFS Consumer.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.10 - Protections for Problem Gamers

Current through Register 1525, July 5, 2024
(1)
Self-exclusion
. DFSOs shall honor requests from DFS
			 Consumers to self-exclude from all contests, to set DFS Contest entry limits,
			 to limit play to contests with contest fees below an established limit, or to
			 set self-imposed deposit limits.
(a) DFSOs
			 shall implement and Prominently Publish procedures for DFS Consumers to
			 implement such restrictions.
(b)
			 Such procedures must include, at a minimum, opportunities to self-exclude or to
			 set limits on any DFS Platform used by that DFS Consumer to make deposits into
			 a DFS account and must also include options to set pop-up warnings concerning
			 excessive DFS Contest entries and options to implement DFSO enforced
			 timeouts.
(c) DFS Consumers shall
			 have the option to adjust these limits to make them more restrictive of
			 gameplay as often as they like, but shall not have the option to make limits
			 less restrictive of gameplay within 90 days of setting such limits.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.12 - Fairness of DFS Contests

Current through Register 1525, July 5, 2024
(1)
No
			 Game Play by Employees and Others Affiliated with a DFSO
. No DFSO
			 employee, DFSO principal, DFSO officer, DFSO director, or DFSO Contractor may
			 play on any DFS Contest Platform of any DFSO. Nor may such person play through
			 another person as a proxy. However, such individuals may play in a private
			 contest on a DFS Contest Platform in which the individual's relevant
			 affiliation with a DFSO is fully disclosed to each player. DFSO employees may
			 also use clearly marked test accounts for testing purposes including evaluating
			 a DFS Contest Platform. DFSO employees using test accounts shall not be
			 eligible to win Prizes, provided however, that if a DFSO employee wins a DFS
			 contest, the Prize in that contest must be awarded to a participant in that
			 contest who would have won the Prize if the DFSO employee had not participated.
			 DFSOs shall make these restrictions known to all affected individuals and
			 corporate entities.
(2)
Disclosures Required of DFSO Promoters
. No DFSO
			 Promoter may enter any DFS contest on any DFS Contest Platform unless such DFSO
			 Promoter has disclosed the following in connection with any public
			 recommendation concerning DFS gameplay to other DFS players:
(a) That the DFSO Promoter is also a DFS
			 player;
(b) The user name that the
			 DFSO Promoter uses for gameplay on any DFS Contest Platform;
(c) That the DFSO Promoter may play, in
			 connection with a personal account, in the games on which recommendations are
			 offered;
(d) That the DFSO Promoter
			 may engage in DFS gameplay, in connection with a personal account, using
			 players or strategies different from the recommendations made by the DFSO
			 Promoter; and
(e) That the DFSO
			 Promoter's recommendations do not necessarily reflect the view of the
			 DFSO.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.13 - DFSOs That Run Both DFS Contests and Season-long Fantasy Sports Games

Current through Register 1525, July 5, 2024
(1) If a DFSO has
			 run 1,000 or more Exempt Contests annually for a period of at least two years,
			 940 CMR 34.00 shall apply only to its DFS contest business or businesses
			 provided that:
(a) The Enterprise's DFS
			 contests are segregated from its non-DFS contests and Exempt Contests;
(b) The Enterprise applies this
			 regulation to all of its DFS contests on any game platform;
(c) Entry into the Enterprise's DFS contests
			 and its Exempt Contests requires separate input of personal and financial
			 information in the on-boarding process, separate age-verification routines and
			 a separate login process to access the account, including separate passwords or
			 separate account authentication processes; and
(d) The DFSO does not target individual
			 promotional activities or individual advertising for its DFS contests to Minors
			 who participate in its Exempt Contests.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.14 - Tax Laws and Disclosures

Current through Register 1525, July 5, 2024
(1)
Obligation to Comply with Applicable Tax Laws Including
			 Disclosures
. DFSOs shall comply with all applicable tax laws and
			 regulations including, without limitation, laws and regulations applicable to
			 tax withholding and laws and regulations applicable to providing information
			 about winnings and withholdings to taxing authorities and to DFS
			 Consumers.
(2)
Disclosure of Potential Tax Liabilities
. DFSOs shall
			 disclose potential tax liabilities to DFS Consumers in the on-boarding process
			 and again at the time of award of any prize in excess of $600. Such disclosures
			 will include a statement that the obligation to pay applicable taxes on
			 winnings is the responsibility of the DFS Consumer and that failure to pay
			 applicable tax liabilities may result in civil penalties or criminal
			 liability.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.15 - Data Retention

Current through Register 1525, July 5, 2024
(1)
Consumer Account Information
. DFSOs shall retain
			 information sufficient to trace the deposits into and out of a DFS Consumer's
			 account for at least ten years from the date of deposit or
			 withdrawal.
(2)
Prize
			 Information
. DFSOs shall retain data about the winner(s) of each
			 DFS contest and the amount of any Prizes awarded to the winner(s) for at least
			 ten years from the date of the DFS contest.
(3)
Advertising
.
			 DFSOs shall retain copies of all advertisements for at least four years from
			 the date of the last use of that advertisement and shall retain records
			 sufficient to identify where such advertisements were placed. To the extent
			 that an advertisement cannot be maintained in its original form
			 (
e.g
., billboards), the advertising copy shall be
			 retained.