Section 46H Register; contents; record of receipts and income; charges; monthly reports to commissioner - Massachusetts Statutes

Section 46H. Each licensee shall keep a register or other record-keeping device approved by the commissioner, in which shall be entered under the penalties of perjury the date of each application for employment and the name and address of each applicant, a file designation for each such applicant, and the name and address of a former employer of the applicant, or of a person to whom such applicant is known. The licensee shall also enter in the same register or shall enter under the penalties of perjury in a separate register, approved by the commissioner, the name and address of every employer from whom a fee is received or charged, the date of such employer’s request or assent that applicants be furnished, the kind of position for which applicants are requested, the names of the applicants sent, the total amount of the fee received or charged, and the rate of salary or wages agreed upon. Each licensee shall keep complete and accurate written records of all receipts and income received or derived directly from the operation of his employment agency. Each licensee or his duly authorized agent or employee shall communicate with at least one of the persons given as reference by an applicant for domestic or household work and the result of such communication shall be kept on file in such agency for a period of at least three years. Every register shall be retained on the premises of the agency concerned for three years following the date of the last entry therein. Each employment agency shall also enter into its register the last home address; the name and address of the emigrant agent, if any, through whom such applicant was obtained; the name and address of all persons to whom the employment agency has made payments in connection with the recruitment of the applicant, and the amounts of such payments; and the total charges made in the employment agency to the applicant. Said charges shall be separately stated by such agency and shall include: (a) charges for transportation, (b) other charges and (c) the agency fee.

Each recruiting domestic employment agency shall furnish the commissioner on the first Wednesday of each month, in writing, the following information with respect to each out-of-state resident engaged as a domestic or household employee and placed by that agency during the preceding month: (a) the name, and out-of-state home address of the applicant and the file designation assigned to the applicant by the agency; (b) the rate of wage to be paid the applicant, and an itemization of all charges which the employment agency has made to the applicant for its services; and (c) the name and address of any emigrant agent, or other person or organization to whom the employment agency has made any payment, or who or which helped recruit the applicant.