Massachusetts — Hiring & Onboarding

Massachusetts employers are prohibited from requesting criminal offender record information on an initial written job application, subject to narrow exceptions. This "ban the box" rule applies to all employers covered by M.G.L. c. 151B (generally employers with six or more employees, plus government employers). An employer may inquire about criminal convictions on the initial application only if (i) federal or state law creates a mandatory or presumptive disqualification for the position based on specific criminal offenses, or (ii) the employer is subject to a legal obligation not to employ persons convicted of specific offenses. Employers may ask about criminal history later in the hiring process (during or after an interview), but at all stages are prohibited from asking about arrests that did not result in conviction, sealed or expunged records, first convictions for certain minor misdemeanors (drunkenness, simple assault, speeding, minor traffic violations, affray, disturbance of the peace), and misdemeanor convictions more than three years old (unless the applicant has been convicted of another offense in that three-year period).

Source: M.G.L. c. 151B, §§ 4(9), 4(9½)

Massachusetts employers must report newly hired employees and independent contractors to the Department of Revenue (DOR) within 14 days of the employee's or independent contractor's first day of work. This obligation arises under M.G.L. c. 62E, § 2 and applies to all employers and payors of income regardless of the number of employees or independent contractors they employ — there is no small-employer exemption. The requirement also covers employees who return to work following a lapse in pay of 30 days or more due to termination, separation, layoff, or requested leave of absence without pay; for these reinstatements, the 14-day clock runs from the effective date of reinstatement.

Who must be reported. Employers must report both employees (as defined in Internal Revenue Code § 3401(c)) and independent contractors who reside or are employed in Massachusetts. The new hire reporting obligation is distinct from quarterly wage reporting; the data elements and timing differ. An employee or independent contractor is deemed to have an effective date of employment (or reinstatement) no later than the first day for which the individual is eligible for compensation. If an employer has a probation period before an employee is officially hired but the employee is paid during the probation period, the employer must report the new hire within 14 days of the first day of work, regardless of the probation period.

Required data elements. The report must include the employer's federal employer identification number (FEIN), legal name, and payroll address; and the new hire's or independent contractor's full name, mailing address, Social Security number, work status (employee or independent contractor), and the date of first day of employment or reinstatement. Employers cannot substitute an Individual Taxpayer Identification Number or Resident Alien (green card) number in place of the SSN. On or before the effective date of employment or reinstatement, an employee or independent contractor must provide to the employer this identifying information.

Electronic filing mandate for larger employers. Employers with 25 or more employees or independent contractors in the aggregate must file new hire reports electronically through MassTaxConnect, the DOR's online portal. If such an employer is unable to use electronic transmittal, it must cooperate with the Commissioner of Revenue to identify another means of transmittal, but the 14-day deadline remains unchanged. Employers with fewer than 25 employees or independent contractors may use Form NHR (the paper new hire reporting form) submitted by fax or mail, or they may file electronically; they too must cooperate with the Commissioner if unable to use the prescribed method. Payroll processing services that report 25 or more employees or independent contractors in the aggregate are also subject to the electronic filing requirement.

Multi-state employer election. Employers that have employees in Massachusetts and one or more other states may designate a single state to which they send all new hire reports, pursuant to 42 U.S.C. § 653a(b)(1)(B). Multi-state employers that elect to report to Massachusetts must comply with federal timing requirements (which allow transmission within 20 days of hire or two consecutive transmissions not less than 12 nor more than 16 days apart) as well as the Massachusetts data and format requirements.

Penalties. Failure to report a new hire or reporting inaccurate information may result in a penalty of up to $25 per employee, independent contractor, or other recipient of periodic payments who is not reported or is inaccurately reported. If the failure or inaccurate reporting is the result of a conspiracy (agreement) between the employer and the employee or independent contractor not to report or to report inaccurate information, the penalty is $500 per individual. The DOR uses new hire reporting data primarily for child support enforcement (to locate parents owing support and to establish or enforce support orders) and secondarily to prevent fraud in financial assistance programs, including unemployment insurance fraud detection.

Source: M.G.L. c. 62E, § 2; 830 CMR 62E.2.1; Mass.gov New Hire Reporting page

Any Massachusetts employment application form that seeks information about an applicant’s prior arrests or convictions must, under state law, include a specific statutory notice regarding expunged records. This requirement was added as part of the 2018 amendments to the Commonwealth’s criminal justice reform, codified at M.G.L. c. 276, § 100N (see also the amendments to M.G.L. c. 151B, § 4(9)).

Triggering context: This notice is mandatory on any application “used by any employer which seeks information concerning prior arrests or convictions of the applicant.” The statutory language must appear in clear and legible type on the application itself—it is not enough to provide it separately or orally.

Exact language required: > “An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer “no record” with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer “no record” to an inquiry herein relative to prior arrests, criminal court appearances, juvenile court appearances, adjudications or convictions.”

Coverage and compliance: This statement applies only to records expunged under the cited expungement statutes (sections 100F, 100G, 100H, or 100K). Employers who fail to include this exact text on applicable forms risk non-compliance with state antidiscrimination and criminal history laws. The requirement operates in conjunction with Massachusetts’ “ban the box” law and other limits on criminal history inquiries found in M.G.L. c. 151B, § 4(9). (The 2018 amendment that introduced this requirement became effective October 1, 2018.)

Source: M.G.L. c. 276, § 100N

In Massachusetts, employers must provide new employees a written notice of Paid Family and Medical Leave (PFML) within 30 days of their first day of employment. That notice must be in the employee’s primary language and delivered via a form that the employee either signs to acknowledge receipt or signs to refuse receipt. Delivery is complete upon that signed acknowledgment or refusal. Source: M.G.L. c. 175M, § 4(a)

Here’s what must be included in that written notice (only content as approved by the Department of Family and Medical Leave—DFML):

• Explanation of the availability of family and medical leave benefits, including rights to reinstatement and continuation of health insurance
• The employee’s contribution amount and obligations under PFML
• The employer’s contribution amount and obligations under PFML
• The employer’s name and mailing address
• The DFML-assigned employer identification number
• Instructions on how to file a PFML claim
• The DFML’s mailing address, email, and telephone number
• Any other information deemed necessary by the department

Source: M.G.L. c. 175M, § 4(a)

The DFML also provides templates (posters and written notice forms), but employers may craft their own versions so long as they include all required elements and are approved or consistent with DFML materials. Source: Mass.gov “Informing your workforce about PFML” guidance

This PFML notice is distinct from other required hiring notices (e.g. paid sick leave, pregnant worker rights, sexual harassment, workers’ compensation). It must be provided in addition to those, as part of onboarding compliance.

Massachusetts law sets strict rules for how employers may pay wages. Under M.G.L. c. 149, § 148, wages must usually be paid in cash or by check, but employers may pay by direct deposit or by electronic payroll card if (and only if) the employee gives written consent. There is no statutory basis for an employer to require direct deposit as a condition of employment without such written consent.

Statutory language and employee choice. The Wage Act provides: “Every person having employees in his service shall pay weekly or bi-weekly each such employee the wages earned by him to within six days of the termination of the pay period during which the wages were earned if employed for five or six days in a calendar week, or to within seven days of the termination of the pay period if such employee is employed seven days in a calendar week, or in the case of a casual employee, to within seven days after the termination of the period during which the wages were earned… in cash, or by check, or, with the employee’s written consent, by direct deposit or by electronic payroll card.” If an employee requests to be paid by check or cash, and does not provide written consent to direct deposit or payroll card payment, the employer must accommodate that request—an employer cannot force participation in direct deposit or a payroll card system.

Choice of financial institution. Employers must allow employees to select the bank or credit union at which their wages are deposited. According to state guidance, “Employers may not require that workers be paid using a particular financial institution.”

Electronic payroll cards. Payment by payroll card further requires written employee consent. Mass.gov guidance specifies that employees must have “free and full access to their wages,” meaning they must be able to withdraw the full amount each pay period without paying a fee (see also Attorney General’s Fair Labor Division guidance as of 2026).

Enforcement and penalties. If an employer pays wages by direct deposit or payroll card without employee written consent, or requires use of a particular financial institution, this is a violation of the Wage Act. M.G.L. c. 149, § 150 provides that employees may recover mandatory treble damages and attorney’s fees for any failure to pay wages or to comply with statutory payment method requirements.

Source: M.G.L. c. 149, § 148; Pay and recordkeeping, Mass.gov

Massachusetts law—specifically, chapter 149, section 105A(c)(2)—makes it an unlawful practice for employers to seek a prospective employee’s wage or salary history—whether from the candidate or any current or former employer—before offering compensation terms as part of a job offer. There are two narrow statutory exceptions:

Voluntary disclosure. If the applicant voluntarily provides salary history, the employer may then confirm it or permit the applicant to confirm it—but even then, the statute allows confirmation only after an offer with compensation terms has been extended.

Post-offer only. Employers may seek or confirm salary history only after a job offer that specifies compensation has been made and negotiated. Confirmation, discussion, or reliance on salary history at any earlier stage remains prohibited even if the applicant volunteered the information earlier in the process.

This prohibition is comprehensive: it applies to all parts of the hiring process—application forms, interviews, recruiter communications, background checks, or inquiries via third parties. Employers must ensure that salary-history questions or screens are removed from all pre-offer processes and materials. The law took effect July 1, 2018, as part of the Pay Equity Act amendments.

Permissible practice: Employers may ask about an applicant’s salary expectations, provided this is not used as a workaround to elicit salary history. Massachusetts Attorney General guidance makes clear that "What are your salary expectations?" is lawful only if framed in a way that avoids prompting the applicant to disclose past compensation.

Source: M.G.L. c. 149, § 105A(c)(2) Source: AGO “Overview and FAQs: Act to Establish Pay Equity” (May 2, 2018)