Mass. Gen. Laws ch. 140 § 46A

Current through Chapter 223 of the 2024 Legislative Session

Section 140:46A - Definitions

As used in this section and in sections forty-six B to forty-six R, inclusive, the following words shall have the following meanings:

"Commissioner", the commissioner of labor and industries.

"Employment agency", any person who conducts in whole or in part an agency for the purpose of procuring or attempting to procure permanent or temporary help or employment or engagements, or for the registration of persons seeking such help, employment or engagement, or for giving information as to where and of whom such help, employment or engagement may be procured, where a fee is exacted or attempted to be collected for such service; provided, however, that except with respect to the inspection authority of the commissioner under section forty-six Q, the term "employment agency" shall not include a firm none of whose fees or charges are paid either directly or indirectly by any applicant for employment, unless such firm is engaged in providing domestic employees, nor shall such definition apply to any person conducting a business which consists of employing individuals directly for the purpose of furnishing part time or temporary help to others or to any person conducting a business which consists solely of providing employers or prospective employers, by electronic means, biographical information, background and experience of applicants for temporary employment, help or engagement.

"Fee"

(a) Any money or other valuable consideration paid or promised to be paid either by an applicant for employment or by an employer of an applicant for services rendered or to be rendered by any person conducting an employment agency under this chapter.

(b) the difference between the amount of money received by any person who furnishes employees and the amount paid by him to such employee.

"Recruiting domestic employment agency", any agency which, for a fee, procures or attempts to procure, from outside the commonwealth but within the United States one or more employees to do domestic or household work in the commonwealth.

"Emigrant agent", any person who, on behalf of an employment agency and for a fee, procures or attempts to procure domestic or household employment in the commonwealth for persons outside the commonwealth seeking such employment, or, domestic or household employees from outside the commonwealth for employers in the commonwealth seeking the services of such employees.

"Placement employee", any placement manager, placement director, counsellor, interviewer, or any other person employed by an employment agency who spends a substantial part of his time interviewing, counselling or conferring with job applicants.

"Person", any individual, company, society, association, corporation, manager, contractor, subcontractor, or their agents or employees but shall not include any labor organization, as defined in section two of chapter one hundred and fifty A; nor any agency operated by a religious, charitable, nonprofit organization or accredited educational institution no part of the earnings of which inures to the benefit of any private shareholder or individual; nor any agency operated by the federal, state or municipal governments; nor any person validly licensed pursuant to section one hundred and eighty C; provided, however, the provisions of sections forty-six L through forty-six O, inclusive, shall apply to such person.

"Applicant", any applicant for employment residing within the United States. It shall be immaterial for coverage under this section whether the applicant is paid by the employment agency or by his employer.

Mass. Gen. Laws ch. 140, § 46A