Section 24.12 - Unlawful Practices by Employment AgenciesAn Employment Agency shall not engage in any of the following activities or conduct:
(1) Distribute, circulate or provide any false, fraudulent or misleading information, representation, promise, notice or advertisement to any Job Applicant or Worker;(2) Advertise or utilize any printed materials using any name or address other than that which has been licensed by the Department.(3) Direct a Job Applicant or Worker to an Employer or Client without having first obtained a recent bona fide Order; provided, that: (a) a qualified Job Applicant or Worker may be directed to an Employer or Client who requests interviews with qualified Job Applicants or Workers; and(b) an Employment Agency may attempt to sell the services of a Job Applicant or Worker to an Employer or Client from whom no work order has been received, as long as this information is disclosed to the Job Applicant or Worker in writing before he or she is directed to said Employer or Client. An Agency may direct a Job Applicant or Worker to an employment, engagement, work assignment, or job by telephone, but such telephone message shall comply with the disclosure requirements of 454 CMR 24.07, and shall be, within two business days of the date of assignment, confirmed in writing or electronically by the Agency and sent to the Job Applicant or Worker. Any Job Applicant or Worker who is referred to a Client contrary to the provisions of 454 CMR 24.12(3)(b) without obtaining employment, engagement, work assignment, or job, shall be fully reimbursed by the Employment Agency for all ordinary and necessary travel expenses incurred by the Job Applicant or Worker as a result of such referral, within one business day of requesting such reimbursement.(4) Send or cause to be sent any person to any Employer or Client where the prospective Employment is or would be in violation of state or federal laws governing minimum wages, child labor, or compulsory education, including, but not limited to, M.G.L. c. 151, §§ 1 through 22, c. 149, §§ 56 through 105 or M.G.L. c. 76, § 1.(5) Send or cause to be sent any person to any place which is maintained for illegal or illicit purposes or where illegal or illicit activity takes place.(6) Compel any Job Applicant or Worker to enter into an employment, engagement, work assignment, or job by use of force, fraud or otherwise.(7) Require Job Applicants or Workers to subscribe to any publication, purchase any service, or contribute to the cost of advertising. Any service or product offered by an Employment Agency must be expressly voluntary, and there must be a written agreement, in a language that the Job Applicant or Worker understands, that clearly indicates the Job Applicant or Worker is under no obligation to purchase said service or product.(8) Refuse to return, upon demand of a Job Applicant or Worker, any personal property belonging to such Job Applicant or Worker.(9) Send or cause to be sent any Job Applicant or Worker to any place that is on strike or lockout, unless the fact of such strike or lockout is made known to the Job Applicant or Worker in writing.(10) Solicit, persuade, induce, or attempt to induce any Worker or Job Applicant to leave employment, engagement, work assignment, or job, if such soliciting, persuading, or inducing is for the purpose of securing a new fee from a Job Applicant or Worker, provided that nothing in 454 CMR 24.00 shall prohibit notifying a Job Applicant or Worker that a position exists where the Job Applicant or Worker has requested placement.(11) Divide or share, or offer to divide or share, Applicant Fees with an Employment Agency Client.(12) Solicit, persuade, induce or attempt to induce an Employer to create a vacancy by discharge of any Worker or Employee.Adopted by Mass Register Issue 1276, eff. 12/19/2014.Amended by Mass Register Issue 1329, eff. 12/30/2016.