Massachusetts Law About Hiring Employees
- MGL c.149 Labor and Industries
- MGL c.151B Unlawful Discrimination
- MGL c.151B, s.4 (9-1/2) An employer may not "request on its initial written application form criminal record information," unless very specific conditions apply.
- St.2010, c.256, s.2-37 completely revamped the CORI law. Most substantive changes, such as limits to CORI given to employers and others, are effective in May 2012; restrictions on CORI questions on job applications are effective now (see above).
- 804 CMR 3 Employment Discrimination
Employment Eligibility Verification Form (I-9), US Dept. of Homeland Security. Form required of new employees to verify identity and employment eligibility; can be filled out online and saved or printed. Includes a list of acceptable forms of identification.
Handbook for Employers: Instructions for Completing the Form I-9, US Dept. of Homeland Security. Extensive (65 page!) document provides answers to key questions such as "What Happens if I Hire an Illegal Alien?"
Employment Law Guide: A Practical Guide to Understanding Massachusetts Employment Law. Boston Bar Association, Labor & Employment Law Section, 2007. Designed to help "employers and employees in understanding their rights and obligations in the workplace." Has an extensive section on the hiring process, including a "hiring checklist".
Hiring Your First Employee: A Step-by-Step Guide, Nolo, 2008. Includes: Deciding Whether to Hire an Employee; Avoiding Legal Pitfalls; Setting the Pay Rate; Considering Benefits to Offer; Getting Ready to Hire; Screening Applicants and Making a Job Offer; Preparing for Your Employee's First Day; Maintaining Employee Files; Dealing With Safety and Health Concerns; Paying Your Employee. Requires Library Card for access.
Human Services Jobs and Your CORI, Mass. Legal Help. Human services agencies face restrictions on who they may hire, depending on the criminal record involved. Outlines the laws and how to overcome obstacles in working for human services if you have a criminal record.
Job Interview Questions: What's Legal, What's Not, Jachowicz and Galvani, LLP. Lists types of questions that you can't ask, with references to applicable regulations. NOTE: This was written before the new CORI law, so the section on criminal records is no longer accurate.
Massachusetts Overhauls Accessibility to Criminal Information of Applicants and Employees, Morgan, Brown & Joy, LLP, 2010. Good explanation of CORI law changes.
New Massachusetts Laws Affect Employment Applications and Personnel Files, Greenberg Traurig. Summary of St.2010, c.240, s.148, effective 8/1/10, and St.2010, c.256, s.2-37 (portion related to job applications effective 11/10). "The new laws regulate criminal record inquiries on job applications, and create new notification requirements related to employee personnel files."
Questions You Shouldn't be Asked in a Job Interview, Metrowest Daily News, Sept. 14, 2008.
Employment Law from A to Z in Massachusetts, Lorman Education Services, 2006.
Hiring and Firing in Massachusetts, MCLE, 2007.