Chapter 149

Section 194. (a) Nothing in sections 192 to 203, inclusive, or any professional employer agreement shall affect, modify or amend any federal, state or local licensing, registration or certification requirement applicable to any client or covered employee. (b) A covered employee w…

Section 195. (a) For purposes of the determination of tax credits and other economic incentives provided by the commonwealth or other government entity and based on employment, covered employees shall be deemed solely the client's employees. A client shall be entitled to the bene…

Section 196. (a) Except as otherwise provided in sections 192 to 203, inclusive, no person shall provide, advertise or otherwise hold itself out as providing professional employer services in the commonwealth, unless such person is registered pursuant to this section. (b) Each ap…

Section 197. (a) Except as specifically provided in sections 192 to 203, inclusive, and in the professional employer agreement pursuant to this section, or under any subsequent written agreement or amendment, in each PEO relationship: (i) the client shall be entitled to exercise …

Section 198. (a) A tax assessed or an assessment or a mandated expenditure on a per capita or per employee basis shall be assessed against the client for covered employees and against the PEO for its employees who are not covered employees involved in a PEO relationship with a cl…

Section 199. (a) Workers' compensation shall be provided to covered employees at each client company either by the PEO or by the client company of the covered employee pursuant to chapter 152 and regulations promulgated pursuant to said chapter 152. (b) PEOs and clients shall com…

Section 19A. Any employer requiring a physical examination of an employee shall, upon request, cause said person to be furnished with a copy of the medical report following the said examination.

Section 19B. (1) As used in this section the term ''lie detector test'' shall mean any test utilizing a polygraph or any other device, mechanism, instrument or written examination, which is operated, or the results of which are used or interpreted by an examiner for the purpose o…

Section 19C. It shall be unlawful for any employer knowingly to employ any alien in the commonwealth, who is a student or visitor or, who has not been admitted to the United States for permanent residence, except those who are admitted under a work permit, or unless the employmen…

Section 2. The attorney general shall, except as otherwise specifically provided, enforce the provisions of this chapter, and shall have all necessary powers therefor.

Section 20. No person shall, himself or by his agent, coerce or compel a person into a written or oral agreement not to join or become a member of a labor organization as a condition of his securing employment or continuing in the employment of such person.

Section 200. (a) For purposes of chapter 151A, covered employees of a PEO shall be considered the employees of the client and the PEO shall be responsible for the payment of contributions, penalties and interest on wages paid by the PEO to its covered employees during the term of…

Section 201. Except as otherwise provided in this chapter, for the purposes of federal, state or local laws relating to employee count, including, but not limited to, paid and unpaid leave, health and transportation benefits and protection under fair employment laws, the employee…

Section 202. (a) A person shall not knowingly and intentionally: (i) offer or provide professional employer services or use the names PEO, professional employer organization, staff leasing, employee leasing, administrative employer or other title representing professional employe…

Section 203. Wages shall be paid in accordance with section 148 of this chapter and any minimum wage and overtime requirements as provided for in chapter 151. A PEO who fails to pay wages, to the extent the PEO has assumed responsibility in the professional employer agreement or …

Section 20A. No contract, whether written or oral, between any employee or prospective employee and his employer, prospective employer or any other person, whereby either party thereto undertakes or promises not to join or not to remain a member of some specified labor organizati…

Section 20B. No officer or member of any association or organization, and no association or organization, participating or interested in a labor dispute, as defined in section twenty C, shall be held responsible or liable in any court for the unlawful acts of individual officers,…

Section 20C. For the purposes of this and the preceding section, section twenty-four of chapter one hundred and forty-nine, sections one and six of chapter two hundred and fourteen, and sections thirteen A and thirteen B of chapter two hundred and twenty,— (a) A case shall be hel…

Section 20D. No employer and no person retained or engaged by him as a labor relations expert, adviser or consultant or retained or engaged by such employer for the purpose of dealing or negotiating with any of his employees or with any labor organization representing or seeking …

Section 20E. No business combination transaction shall result in the termination or impairment of the provisions of any labor contract covering persons engaged in employment in the commonwealth negotiated by a labor organization or by a collective bargaining agent or other repres…

Section 21. Whoever knowingly causes to be printed or published a false or fraudulent notice or advertisement for help or for obtaining work or employment, or whoever, in an advertisement for help, if the person to be employed is required to purchase a particular article of value…

Section 22. If an employer, during the continuance of a strike, lockout or other labor trouble among his employees, publicly advertises in newspapers or by posters or otherwise for employees, or by himself or his agents solicits persons to work for him to fill the places of strik…

Section 22A. No person shall knowingly employ any professional strikebreaker in the place of an employee involved in a lockout or lawful strike. No professional strikebreaker shall take or offer to take the place in employment of an employee who is involved in a lockout or lawful…

Section 23. No person, during the continuance of a strike, lockout or other labor trouble among his employees or those of another person, shall directly or indirectly procure or attempt to procure, or assist in any way in procuring or attempting to procure, persons to fill the pl…

Section 23A. No person, during the continuance of a strike, lockout or other labor trouble among his employees or those of another person, shall directly or indirectly employ or procure for the protection of such employees any armed guards other than watchmen regularly employed b…

Section 23B. The auxiliary police or other personnel originally organized by civil defense agencies under state or federal civil defense laws shall not be used or called upon for service as such in any industrial or labor dispute or to regulate picketing in connection with a stri…

Section 24. No person shall be punished criminally, or held liable or answerable in any action at law or suit in equity, for persuading or attempting to persuade, by printing or otherwise, any other person to do anything, or to pursue any line of conduct not unlawful or actionabl…

Section 24A. Whoever dismisses from private sector employment any person over the age of forty, or refuses to employ such person because of his age, except as permitted by subsection 17 of section 4 of chapter one hundred and fifty-one B, shall be punished by a fine of not more t…

Section 24B. Any provision in any contract, agreement or understanding entered into on or after September first, nineteen hundred and eighty-four, which shall prevent the private sector employment of any person over the age of forty because of his age, except as permitted by subs…

Section 24C. The department shall investigate all complaints of discrimination, and for that purpose the commissioner or his authorized representative shall have full power and authority (1) to investigate and ascertain the age of each person employed within the commonwealth and …

Section 24D. Every person shall keep true and accurate records of the ages of all persons employed by him, as far as practicable to do so, and shall upon demand furnish to the commissioner or his authorized representative a true copy of any such record, verified upon oath. Such r…

Section 24E. Whoever hinders or delays an inspector of the department, or a duly authorized representative of the commissioner, in the performance of his duties in the investigation of a complaint under any provision of sections twenty-four A to twenty-four J, inclusive, or who r…

Section 24F. Whoever, personally or by his agent, shall discharge an employee for the reason that such employee has furnished evidence in connection with a complaint under any provision of said sections twenty-four A to twenty-four J, inclusive, or that such employee has testifie…

Section 24G. If the commissioner or any of his authorized representatives has reason to believe that any employer has dismissed from private sector employment or has refused to employ any person over the age of forty because of his age, except as permitted by subsection 17 of sec…

Section 24H. Any person aggrieved by any decision of the commissioner under any provision of sections twenty-four A to twenty-four G, inclusive, may appeal to the superior court, for a review thereof within thirty days after the recommendation of such decision. Sections sixteen t…

Section 24I. Sections twenty-four A to twenty-four H, inclusive, shall not apply to persons employed in service as farm laborers.

Section 24J. If any part or subdivision of any of sections twenty-four A to twenty-four I, inclusive, or the application thereof, shall be held invalid, unconstitutional or inoperative as to any particular person, condition or circumstance, the remainder thereof, or the applicati…

Section 24L. (a) As used in this section, the following words shall have the following meanings:- ''Business entity'', any person or group of persons performing or engaging in any activity, enterprise, profession or occupation for gain, benefit, advantage or livelihood, whether f…

Section 25. Every employee in public work shall lodge, board and trade where and with whom he elects; and no person or his agents or employees under contract with the commonwealth, a county, city or town, or with a department, board, commission or officer acting therefor, for the…

Section 26. In the employment of mechanics and apprentices, teamsters, chauffeurs and laborers in the construction of public works by the commonwealth, or by a county, town, authority or district, or by persons contracting or subcontracting for such works, preference shall first …

Section 27. The commissioner shall prepare, for the use of such public officials or public bodies whose duty it shall be to cause public works to be constructed, a list of the several jobs usually performed on various types of public works upon which mechanics and apprentices, te…

Section 27A. Within five days from the date of the first advertisement or call for bids, two or more employers of labor, or two or more members of a labor organization, or the awarding officer or official, or five or more residents of the town or towns where the public works are …

Section 27B. Every contractor, subcontractor or public body engaged in said public works project by an agency, executive office, department, board, commission, bureau, division or authority of the commonwealth or county, or municipality or any subdivision thereof to which section…

Section 27C. (a)(1) Any employer, contractor or subcontractor, or any officer, agent, superintendent, foreman, or employee thereof, or staffing agency or work site employer who willfully violates any provision of section 26, 27, 27A, 27B, 27F, 27G, 27H, 148, 148A, 148B or 159C or…

Section 27D. Wherever used in sections twenty-six to twenty-seven C, inclusive, the words ''construction'' and ''constructed'' as applied to public buildings and public works shall include additions to and alterations of public works, the installation of resilient flooring in, an…

Section 27E. At least seventy-five per cent of the persons employed by the department of highways to work in connection with the construction, reconstruction, alteration or repair of any public works, in positions other than those subject to the civil service laws and rules and r…

Section 27F. No agreement of lease, rental or other arrangement, and no order or requisition under which a truck or any automotive or other vehicle or equipment is to be engaged in public works by the commonwealth or by a county, city, town or district, shall be entered into or g…

Section 27G. No contract for the moving of office furniture and fixtures shall be entered into or given by the commonwealth or by a county, city, town or district unless said contract contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, t…

Section 27H. No agreement or contract providing for the cleaning and maintenance of public buildings or space rented by the commonwealth, shall be entered into or given by the commonwealth unless said contract or agreement contains a stipulation requiring prescribed rates of wage…

Section 28. A person to whom a debt is due for labor performed in constructing a building, sewer or drain, or water works or other public works owned by a city or town, under a contract with any person having authority from or rightfully acting for such city or town in furnishing…