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).

The DOS, through nothing more than a form change, with no public input, hearings or testimony, has decided that if your bill rate is greater than your pay rate, you indirectly charge the candidate a fee and therefore, your firm should be licensed.

What does this mean?  It means you would have to disclose information, in writing, to your field employee.  Items to be disclosed are (but not limited to): location of job, pay rate, supervisor, nature of assignment, etc. 

Based on the currrent economic climate in MA, you can rest assured that the cost for licensing will go up as well (this is opinion, not fact yet).

I strongly urge owners of agencies, managers, recruiters, anyone who is affiliated with recruiting and staffing to write to their congressional leadership about this egregious attack on small businesses.  Additionally, when your registration does come up for renewal, please be sure to indicate, in writing, that you are "licensing under protest and reserve all rights associated with protesting this process at a later date".

Please be sure to protect your rights.  MAPS will report more on this as it develops.

Regards,

Mark Carlson

President - MA Association of Personnel Services.

president@mapsweb.org