430 C.M.R. 12.05 – Notification to Employee

(1) Employers who have filed an application for certification as a seasonal employer, including employers who have been determined by the Director not to be a seasonal employer but who have appealed that determination or decision in accordance with M.G.L. c. 151A, §§ 39 through 42, must post a Notice of Application for Seasonal Status on forms provided by the Director. Such employers must further give a copy of such Notice to each prospective seasonal employee prior to hire or if a current employee, at the time of application, so that such seasonal employees will be on notice that such application has been filed. In addition, if such employees are represented by a labor union, employers must notify those unions representing employees likely to be affected, that an application for seasonal status has been filed.
(2) An employer certified by the Director as a seasonal employer shall display notices of its seasonal status conspicuously on its premises in a sufficient number of places to be available for inspection by its employees. Such notices shall be furnished by the Director.
(3) An employer who is certified by the Director as a seasonal employer, must notify the seasonal employee in writing prior to hire, or immediately following the seasonal determination of the following:
1. (a) The employee will be or has been hired for a specific seasonal period as certified by the Director;
2. (b) The employee will be performing services in seasonal employment for a certified seasonal employer;
3. (c) Employment is limited to the beginning and ending dates of the seasonal period or periods as certified by the Director.
4. (d) If a claim for unemployment benefits is filed and denied or the amount of benefits is reduced because of a seasonal determination, the affected employee may appeal his or her designation as a seasonal employee under M.G.L. c. 151A, §§ 39 through 42.