Massachusetts employment laws are notoriously complex. Employers face the constant challenge of managing their workforces while also complying with the commonwealth’s ever-evolving legal requirements. Below we have listed 10 actionable steps that private-sector employers in Massachusetts should take to promote compliance and avoid common pitfalls.
1. Ensure compliance with Massachusetts background laws
Pursuant to the Massachusetts “Ban the Box” law, it is unlawful for employers to ask about an applicant’s criminal record on an employment application. In addition, with certain exceptions, employers may not ask about an applicant or employee’s criminal history.
2. Fulfill Massachusetts-specific noncompete considerations
Employers wishing to secure noncompetition agreements must comply with the Massachusetts Non-Competition Agreement Act, which went into effect on October 1, 2018. In addition to the minimum drafting requirements set forth by the act (as detailed in our August 2018 client alert), employers should present a noncompetition agreement alongside an offer letter, at least 10 business days before the start date.
3. Audit employee onboarding documentation practices
In addition to workplace posting requirements, numerous notices must be provided to new hires based in Massachusetts. All Massachusetts employers with at least six employees must provide upon hire and annually to all employees a written copy of the company’s sexual harassment policy and provide written...
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