PEOs, as defined
at 454 CMR 30.02
, shall be registered in accordance with 454 CMR 30.03
. No Person shall advertise, operate, maintain or hold itself out as
providing professional employer services in the Commonwealth of Massachusetts
unless that person has registered the PEO with the Department of Labor
Standards and been granted a certificate of registration as defined in 454 CMR
, regardless of whether or not said person has an office for conducting
such work in Massachusetts.
Staffing agencies, placement agencies, and employment agencies shall not be
granted PEO certificates of registration.
(3) Each entity being advertised, operated,
or maintained by a PEO must be individually registered.
(4) A PEO shall register prior to initiating
operations within the Commonwealth.
If a PEO that is not registered in the
Commonwealth becomes aware that an existing client not based in the
Commonwealth has employees and operations in the Commonwealth, the PEO shall:
(a) Decline to provide PEO services for those
(b) Where the PEO has
more than 15 covered employees and wishes to provide PEO services to those
employees, the PEO shall notify the department and file for registration within
five business days of its knowledge of the fact;
(c) Where the PEO has 14 or fewer covered
employees and wishes to provide PEO services to those employees, the PEO shall
notify the Department within five business days of its knowledge of the fact
and file for registration with the department within 30 calendar