Mark Carlson's blog

Important Pending Changes to MA Healthcare Law

ATTENTION MEMBERS AND PAST MEMBERS:

CALL TO ACTION

Ask Sen. Kerry to Ensure That Any Employer Fees Can Be Prorated Based on Hours Worked


The U.S. Senate Finance Committee will soon consider a health care reform bill that is likely to include an employer mandate. It is vitally important that any such provision take into account the unique needs of temporary/contractor staffing firms.

Licensing vs. Registration Changes made by MA Div. of Occupational Safety

Late last year, the MA Div. of Occupational Safety (DOS) made a procedural change to its form regarding the licensing/registration of employment agencies in Massachusetts.

Because this was a procedural change on a form, there were no public hearings and no input sought (nor had to be by MA General Law) to this change.

Dept of Occupational Safety - Proposed New Regulations for Civil Administrative Penalties

On April 10, 2009, the MA Dept. Of Occupational Safety (DOS) posted a Notice of Public Hearing for changes to the regulations on licensing/registration of employment agencies and new civil administrative penalties.

The DOS is holding a public hearing on Tuesday, May 12, 2009 from 10am to 2pm in Minihan Hall, 6th Fl., Charles F. Hurley Bldg, 19 Stanford St., Boston, MA  and on Thursday, May 14, 2009 from 10am to 2pm in Rm 305, Springfield State Office Bldg, 436 Dwight St., Springfield MA.

Discussion regarding Licensing vs. Registration of Staffing/Recruiting Agencies in MA

I recently attended the MA Staffing Association meeting where the issue of the Department of Occupational Safety has recently decided to re-interpret a 40 year old statute regarding the difference between registration of an agency vs. licensing of an agency.

During this discussion, it was brought to light that the unions have pushed for this change because of the success of defeating the "Temporary Workers Bill of Rights" (again, a union sponsored piece of legislation).

Massachusetts Agency Requires Licensure of Staffing Firms - From ASA

In a departure from over 40 years of practice, the Massachusetts Division of Occupational Safety has begun requiring staffing firms doing business within the commonwealth to become licensed. Previously, only firms charging candidates a fee for employment had to become licensed. Staffing firms providing temporary services and direct hire firms paid by clients only had to register.

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