Outside Publication

Recruiting: Massachusetts, XpertHR Employment Law Manual

June 2014

Employers and job seekers may take advantage of training and recruitment resources provided by the Massachusetts Division of Labor and Workforce Development. The Massachusetts fair employment practices law prohibits discrimination based on numerous protected classes and applies to private employers with six or more employees and all public employers. Employers should take care not to demonstrate preference for, or take into account, protected characteristics when using social media as part of the recruiting and hiring process. While Massachusetts employers may terminate an employee with or without cause under state law, exceptions do exist. The at-will relationship also may be altered by language in employee handbooks. Employers need to classify new hires correctly as employees or independent contractors to comply with several Massachusetts employment laws, including minimum wage laws and unemployment insurance laws. Most workers should be classified as employees in Massachusetts. When recruiting minors, employers need to comply with Massachusetts child labor laws, including provisions that regulate the hours and time of year a minor may work.

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