454 C.M.R. 24.08 – Information Required to Be Furnished to Job Applicants or Workers by Staffing Agencies

(1) Before each new assignment, each staffing agency shall provide each Worker with the information specified at 454 CMR 24.08(1)(a) through (j). This information may be provided in person, in writing, electronically or by telephone; however, all of the information must be confirmed in writing and provided to the worker before the end of the first pay period for such assignment or employment. The Agency is responsible for ensuring that each Worker understands the specified information. Job Orders are available in multiple languages from the Department, and the Department may obtain additional translations at its sole discretion upon request. The Department recommends that Agencies provide Job Orders in a language that the Worker understands.
1. (a) the name, address and telephone number of the:
  1. 1. staffing agency or the contact information of the agent facilitating the placement;
  2. 2. the workers compensation carrier of the staffing agency;
  3. 3. the work site employer; and
  4. 4. the department.
2. (b) a description of the position and whether the position will require any special clothing, equipment, training or licenses and any costs charged to the worker or employee for supplies or training;
3. (c) the designated pay day, hourly rate of pay and whether overtime pay may occur;
4. (d) the start date and, if known, expected duration of employment;
5. (e) the daily starting time and anticipated end time;
6. (f) whether any meals shall be provided by the staffing agency or work site employer and the charge, if any, to the employee or worker;
7. (g) details of the means of transportation to the work site and any fees charged to the employee by the staffing agency or work site employer for any transportation provided;
8. (h) any charges to the employee or worker;
9. (i) whether the work site location is on strike or lockout; and
10. (j) a multi-lingual statement issued by the department that the job order contains important information concerning the work, employment, engagement, work assignment, or job and that the employee or worker should have the form translated.
(2) The written Job Order as defined in 454 CMR 24.02: Job Order shall be transmitted using a method of transmittal designated by the Worker; provided that the Staffing Agency may transmit the Job Order by a method of its choosing, including by facsimile, electronic mail, or first class mail, as long as the Staffing Agency apprises the Worker of the method of transmittal, and unless and until the Worker designates an alternative method of transmittal.
(3) A Worker paid on a daily basis shall be furnished with the written job order on the same day he or she commences work.
(4) Notwithstanding the first sentence of 454 CMR 24.08(1), a Staffing Agency may satisfy the requirements of 454 CMR 24.08 by having the Work Site Employer hand the Job Order to the Worker. The Staffing Agency shall remain fully responsible for compliance with the law.
(5) (a) A Staffing Agency shall require the Work Site Employer to inform the Staffing Agency by the end of the business day following changes to the current Job Order that:
1. 1. would alter the assignment's job description and such alteration is reasonably expected to continue or recur over the length of an assignment;
2. 2. would require new or different special clothing, equipment, training, or licenses;
3. 3. would result in any additional fees, including costs for meals and transportation, charged to the Worker by the Work Site Employer; or
4. 4. would reasonably be expected to continue or recur over the length of an assignment.
5. (b) Whenever reasonably possible, the Staffing Agency should notify the Worker of any changes set forth in 454 CMR 24.08(5)(a)1. before they go into effect. In any case, the Staffing Agency shall furnish the Worker with a new Job Order by the end of the business day following the date it is informed by the Work Site Employer of changes set forth in 454 CMR 24.08(5)(a)1., or by the end of the next pay period following such notice, whichever is sooner. The new Job Order shall be provided in the same manner in which the current Job Order was provided to the Worker. The Worker shall acknowledge the changes in whatever manner the Worker usually communicates with the Staffing Agency, which may be orally, electronically, or in writing.
6. (c) A Staffing Agency shall provide a Worker with a new Job Order setting forth changes to the following:
  1. 1. the name, address and telephone number of:
    1. a. the Staffing Agency, or the contact information of the staffing agent facilitating the placement;
    2. b. its worker's compensation carrier; or
    3. c. the Work Site Employer;
  2. 2. the designated pay day or the hourly rate of pay;
  3. 3. whether any meals shall be provided by the staffing agency and the charge, if any, to the employee; and
  4. 4. details of the means of transportation to the worksite and any fees charged to the Worker by the Staffing Agency. Whenever reasonably possible, the Staffing Agency should notify the Worker of such
changes before they go into effect. In any case, the new Job Order shall be provided by the end of the next business day following such change(s), or by the end of the next pay period, whichever is sooner. The new Job Order shall be provided in the same manner in which the current Job Order was provided to the Worker. The Worker shall acknowledge the changes in whatever manner the Worker usually communicates with the Staffing Agency, which may be orally, electronically, or in writing. (d) A Worker may decline to accept such changes, stop work on any assignment at any time, and request that the Staffing Agency consider the Worker for future assignments. Any Staffing Agency that sends a Worker to a Work Site Employer for employment that day where the assignment is substantially different from that described in the Job Order or otherwise described by the Staffing Agency to the Worker beforehand will refund any reasonable costs of transportation expended by the Worker if the Worker chooses to decline such assignment. Similarly, if a Staffing Agency or Work Site Employer changes a Worker's assignment or duties during work hours, and the new duties are substantially different from those described in the Job Order or otherwise described by the Staffing Agency to the Worker beforehand, the Staffing Agency will refund any reasonable costs of transportation if no work fitting the job description is available and the Worker chooses to stop working for the day. (e) Any changes to a current Job Order that are not reasonably expected to continue or recur over the length of the assignment shall not necessitate a new Job Order to be provided by a Staffing Agency to a Worker, except for changes that:
1. 1. would require new or different special clothing, equipment, training, or licenses; or
2. 2. would result in any additional fees, including costs for meals and transportation, charged to the Worker.
(6) At any time within the record retention period of three years, a Worker may request and the Staffing Agency shall provide, within five business days of the request, a copy of the original Job Order and any written confirmation of changes to the Job Order.
(7) 454 CMR 24.08(1) through (6) shall not apply to Professional Employees, Secretaries or Administrative Assistants.
(8) Each Staffing Agency shall post in a conspicuous place in each location where it does business, a written notice provided by the Department of a worker's rights under the Temporary Workers Right to Know Law and the name and telephone number of the Department. The Department shall make the notice available in English and other languages as appropriate.
(9) If a staffing agency or worksite employer or a person acting directly or indirectly in either's interest offers transportation services, the staffing agency shall post the written notice of rights in English and in other languages as appropriate in a conspicuous place in each vehicle used for such service.