454 CMR 30.03 - Registration Requirements

(1) PEOs, as defined at 454 CMR 30.02, shall be registered in accordance with 454 CMR 30.03 and 30.04. 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 30.02, regardless of whether or not said person has an office for conducting such work in Massachusetts.

(2) 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.

(5) 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 employees; or

(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 days.

Notes

454 CMR 30.03

Adopted by Mass Register Issue 1389, eff. 4/19/2019.