Free Massachusetts Labor and Employment FAQs | Free Massachusetts Labor and Employment Legal Documents

Am I Still Eligible For Benefits If I Work Part Time?

Tue, 29 May 2007 21:19:00 GMT

You may supplement your UI benefits with parttime work if you continue to conduct an active work search and you report your earnings. Your benefits will be adjusted according to a formula set by law. You are allowed to earn up to onethird of your weekly benefit rate (not including dependency allowance) each week before deductions are made from your benefit check.

Are Companies Required To Give Vacations?

Tue, 29 May 2007 21:19:00 GMT

No, vacations do not have to be provided, but if an employer agrees to provide a vacation, the company must abide by the criteria set forth by its policy.

Are Employees Entitled To Breaks?

Tue, 29 May 2007 21:19:00 GMT

Yes, employees may not be required to work more than six hours in any given day without having been provided at least one half hour meal period. If an employer restricts the employee's movement during the break, the employee must be paid for that period. The break period may be unpaid.

Are Unemployment Benefits Taxable?

Tue, 29 May 2007 21:19:00 GMT

Your unemployment insurance benefits are taxable. Any unemployment benefits you receive must be reported as part of your gross income on your federal and state income tax returns.

If you wish, you may choose to have federal and/or state taxes withheld from your unemployment benefit payments as you receive them. You may request to have federal and/or state taxes withheld from your weekly benefit check and forwarded by DET to the IRS and the DOR automatically. The federal tax withheld is currently 10 percent of your weekly benefit payment rate. The state tax withheld is currently 5.3 percent.

In order to have taxes withheld from your UI benefit payment, you must complete an Income Tax Withholding Request Form (Form W4VMA) .

Can A Child Be Employed On The Entertainment Industry?

Mon, 04 Jun 2007 21:51:22 GMT

Minors under the age of 16 may not be engaged in any capacity in entertainment unless their employer is granted a special waiver by the Attorney General. There are several exceptions to this provision, including participation in educational activities.

How Can An Employee Find The Prevailing Wage Rates For A Particular Job?

Mon, 04 Jun 2007 21:51:22 GMT

The law requires that contractors post prevailing wage rates in a conspicuous place on all public construction sites. Prevailing wage rates are set for each individual project, and may vary. To obtain a copy of the rates for a particular job, contact the awarding authority and ask for the prevailing wage rate schedule.

How Can My Company Apply?

Tue, 29 May 2007 21:19:00 GMT

Application packets are available from a variety of sources. You can call the Division of Employment and Training at 18002521591 for an application packet. Information and application forms are also available online by clicking here .

How Do I File A Claim For Unemployment Insurance Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may either file your initial claim by phone or in person.

File by telephone:
Call the TeleClaim Center at 18776266800
if you are calling from the following area codes:
351, 413, 508, 774, and 978.
Call the TeleClaim Center at 6176266800
if you are calling from any other area code.
TeleClaim Center hours are Monday Thursday, 8:00 a.m. to 6:30 p.m.; Friday, 8:00 a.m. to 4:30 p.m.
File in person:
If you choose to do so, you may file your claim in person at a WalkIn Center. There are locations throughout Massachusetts. Click on the following link to find the office nearest you: http://www.detma.org/offices/multisearch.asp

When you file a claim, you will need the following information:

Your Social Security Number
The year you were born
Your home address and telephone number
Whether you have filed an unemployment insurance claim in Massachusetts or in any other state during the past 12 months
Your last day of employment
The names and addresses of all of the employers you have worked for during the 15 months prior to filing your claim and the dates you worked for each of these employers.
The reason that you are no longer working or that your hours have been reduced
The names, dates of birth and social security numbers for any dependent children, if you are going to apply for dependency allowance
Your alien registration number if you are not a U.S. citizen

An unemployment insurance orientation session will provide you with information about:
collecting unemployment insurance, being covered by health insurance while you are collecting UI, obtaining job search assistance, and applying for training to help you become reemployed.

How Do I File For Continued Weekly Benefits?

Tue, 29 May 2007 21:19:00 GMT

There are three ways to do this using TeleCert, mailing a certification card, or online.

You may use TeleCert and get your checks weekly. When you use TeleCert there are no certification forms to fill out and mail. You simply answer the eligibility questions using the numbers on a touchtone telephone. With TeleCert, you make one weekly telephone call to certify your eligibility for your unemployment insurance benefits. You can even call on Sunday. When you are eligible for benefits, instead of getting your checks every two weeks, you can get your benefits weekly.

If you choose to file by mail, within one week from the time you file your claim, you will receive your first benefit claim certification form. Complete and mail each certification form you receive to the address preprinted on the card. When you are eligible for benefits, your check will be mailed to you. Attached to your check will be another certification card for the next two weeks. On each certification form you are signing for benefits for the prior twoweek period, and must meet all eligibility requirements for that time.

File your unemployment insurance claim for weekly benefits online. If you have chosen to claim benefits electronically, you may alternate between WebCert and Telecert. Click on the link below: WebCert

How Do I Register My Business?

Tue, 29 May 2007 21:19:00 GMT

To register with the Department of Employment and Training, complete an Employer's Status Report 1110A . This will enable DET to establish your employer account and assign you a DET identification number.

How Does An Employer Get Started To Use Webfile For Employers?

Tue, 29 May 2007 21:19:00 GMT

First, the employer needs to apply for a MassDebit Withholding PIN if they do not already have one. The application for a MassDebit Withholding PIN can be filled out on the WebFile for Employers web site and mailed or faxed to the Department of Revenue. The employer will receive a PIN by mail within 10 business days.

After receiving a PIN, the employer registers to use WebFile for Employers. This is a onetime process that can be done in seconds. Once registered, the employer can just log in to use WebFile for Employers. CLICK HERE to access WebFile.

How Old Must A Minor Be To Work?

Tue, 29 May 2007 21:19:00 GMT

A minor must be 14 to work, but there are certain exceptions. Children as young as 9 may deliver newspapers with a special badge and written consent of a parent or guardian. Minors 12 or older may sell certain articles for sale in public places, although selling doortodoor is prohibited until the age of 16. Minors aged 12 and 13 may work on farms with their parents or at other farms if they have the written consent of their parents, and minors aged 10 and 11 may engage in limited seasonal work with special permission from the federal Secretary of Labor. Children may work at any age on a farm owned or operated by their parents.

How Will Grants Be Approved?

Tue, 29 May 2007 21:19:00 GMT

Grants are awarded by the Division of Employment and Training. Applications are reviewed by the Workforce Training Fund Advisory Panel, a board comprised of leaders from the business and labor communities. Decisions will be made approximately 60 days after the application deadline.

Is An Employment Permit Transferable From One Job To Another?

Tue, 29 May 2007 21:19:00 GMT

No, the permit is only good for one job. When the minor gets a new job, a new permit must be issued. In addition, an employer who wishes to employ a minor at more than one location must keep a permit or certificate on file at each business location.

What Are The Eligibility Requirements?

Tue, 29 May 2007 21:19:00 GMT

Initial eligibility for benefits is based on your earnings and the reason for separation from your employment. You must have earned at least $3,000 during a period of time specified by law and at least 30 times the amount you would be eligible to collect weekly in UI benefits. Ongoing requirements include being able to work, being available for work and conducting an active search for new employment.

What Are The Matching Funds Requirements?

Tue, 29 May 2007 21:19:00 GMT

Grants must be matched dollar for dollar. The applicant needs to meet the match requirements. Applicants should keep in mind that one of the priorities of the fund is to encourage significant private investment in training. Match may be cash or inkind and includes only those current or newly incurred costs that are directly related to undertaking the proposed training. Match may not include costs that are not part of the proposed training plan, but rather are general costs of doing business.

What Can I Do If I Am Denied Benefits?

Tue, 29 May 2007 21:19:00 GMT

You have the right to appeal a denial of benefits. Likewise, your employer may dispute your claim for benefits and appeal a determination made in your favor.

You will receive your "Notice of Disqualification" by mail. A request for a hearing must be made in writing within 10 days after the mailing date of the notice, which appears at the bottom of the disqualification notice. A late request for a hearing may be allowed if it is filed within a 30day period after the disqualification notice, and if you can establish that there was "good cause" for the delayed request.

You will be mailed a "Notice of Hearing," which includes important information regarding your appeal. The date, time and place of your hearing are on the notice, along with a description of the issues involved. In most cases a hearing will be the only opportunity you have to personally present evidence in support of your claim for UI benefits. The review examiner will base the decision solely on testimony and evidence presented at the hearing. For information on your hearing, call the Hearings Department automated information line at 6176266561.

If you are disqualified at the hearings level, you have the right to appeal to the independent Board of Review. Information on Board appeals will be included with your hearings decision. If you disagree with the Board's decision, you have the right to appeal to your local district court.

What Is The Benefit Amount?

Tue, 29 May 2007 21:19:00 GMT

The "monetary" amount of your unemployment insurance (UI) claim is determined by the earnings paid to you over a period of time of up to 52 weeks, as defined by Massachusetts law. This is known as your base period, which is the last four completed calendar quarters immediately preceding the date on which your claim is effective. The two quarters in your base period in which you were paid the highest wages are added together, then divided by 26 to determine your average weekly wage.

You may be able to have your claim based on an "alternate base period" under certain circumstances specified in the law. When the alternate base period is used, your claim is established based on the wages paid to you during the three most recently completed calendar quarters plus the period of time between the last completed quarter and the effective date of your claim.

Unemployed workers who are eligible for unemployment benefits receive approximately 50 percent of their average weekly wages up to the maximum benefit rate in effect at the time the claim is filed. As of October 6, 2002, the maximum benefit rate is $507 a week. The maximum duration of benefits on the regular state program is 30 weeks. (However, there is a reduction to 26 weeks maximum during a period of extended benefits. When the extended benefits program ends, the maximum duration will return to 30 weeks.)

Eligible claimants may also receive $25 dependency allowance for each dependent child.

Deductions may be made for pensions or social security benefits. Benefits may be delayed if the claimant received certain types of severance pay.

What Is The Contribution Rate?

Tue, 29 May 2007 21:19:00 GMT

The initial contribution rate for new employers without an unemployment insurance history is set at the positive reserve percentage of 10.5 11.0 for the current schedule. Therefore, this rate changes any time the schedule changes. This "new employer rate" remains in effect for two years and then experience rating begins. The experience rating takes into account the following:

Your account balance based on the immediately preceding twelve months of activity
Plus the contributions you paid
Less the benefits charged to your account
Less the statewide "solvency assessment" charged to your account. (See explanation below.)

Each year during February, you will receive a "Notice of Unemployment Insurance Contribution Rate" (Form 9701) with your annual rate and the data used to calculate it. This rate is used to compute your next four quarterly contribution payments.

What Is The Law Regarding Paydays?

Tue, 29 May 2007 21:19:00 GMT

Employers must pay their employees within six days of the end of the pay period during which the wages were earned if the individual was employed for five or six days during the pay period. If the employee was employed for seven days or a period of less than three days, they must be paid no later than seven days from the end of the pay period. Discharged (fired or laid off) employees must be paid all wages due and owing on the day of termination.

What Is The Medical Security Plan?

Tue, 29 May 2007 21:19:00 GMT

The Medical Security Plan is a program of the Massachusetts Division of Employment and Training for residents of the Commonwealth who are receiving unemployment insurance benefits. Massachusetts is the first state in the nation to offer a health care plan for unemployment insurance claimants, by providing assistance with the cost of your existing health insurance premiums or by covering the cost of your actual medical expenses. If you are eligible for unemployment insurance benefits in Massachusetts, you should find out if you Û and your family Û may also be eligible for health insurance coverage under the Medical Security Plan (MSP).

You must meet income eligibility guidelines. Your total family income for six months prior to the date you apply for Medical Security Plan coverage Û plus your projected income for the next six months Û is required to be less than the amount shown in the Federal Poverty Income Guidelines chart.

If you have the option of continuing participation in your former employer's health plan, or continuing a health insurance plan you have previously purchased yourself, you may receive monthly subsidies towards your premium payments. If you do not have the option of continuing a health plan in which you were enrolled prior to applying for unemployment insurance benefits, you may be eligible to receive a comprehensive benefits package including doctor visits, hospital care, and treatment for mental health and substance abuse. There is no monthly premium cost for this program. There are, however, some required copayments and deductibles for certain services provided. Your coverage ends when you stop receiving unemployment benefits.

After you file your claim for unemployment insurance benefits, you will automatically receive an application packet directly from Blue Cross/Blue Shield of Massachusetts. For more information on the Medical Security Plan, please call the Medical Security Plan Customer Service Office, Monday through Friday between 8:00 a.m. and 6:00 p.m. The tollfree number is 18009144455. The TTY/TDD: 617 9563801.

What Is The Minimum Hourly Wage An Employer Must Pay Employees In Massachusetts?

Tue, 29 May 2007 21:19:00 GMT

The Massachusetts minimum wage is $6.75 per hour. Tipped employees may be paid $2.63 per hour. However, if the employee does not receive $6.75 per hour including tips, the employer must make up the difference. The minimum hourly wage for agricultural employees is $1.60.

What Is The Prevailing Wage?

Tue, 29 May 2007 21:19:00 GMT

The prevailing wage is the minimum hourly wage rate for certain classifications of labor performed on state and local public construction projects. The Department of Labor and Workforce Development issues the rates for each project and determines which rates apply to which classifications. The prevailing wage rate applies to all public construction contracts, regardless of the estimated price of the project.

All contractors and subcontractors are required to file certified payroll records directly with the awarding authority on a weekly basis. These records must contain accurate information detailing each employee's name, address, occupational classification, hours worked and wages paid.

What Is The Requirement For Overtime Pay?

Tue, 29 May 2007 21:19:00 GMT

Generally, nonmanagerial employees working more than forty hours in any given week must be paid one and one half times their regular rate of pay. There are several exemptions to this requirement.

What Is The Workforce Training Fund?

Tue, 29 May 2007 21:19:00 GMT

The Workforce Training Fund is a state fund financed entirely by Massachusetts employers, and enacted into law in July 1998. Its purpose is to provide resources to Massachusetts businesses and workers to train current and newly hired employees. The fund's major focus is on small to mediumsized businesses that would not be able to make this investment without the assistance of the fund.

There is no limit on the number of times an organization can apply for Workforce Training funds, either within a round or within a fiscal year. The only specified limit on training funds is $250,000 per training grant. However, applicants should be aware that an effort will be made to distribute funds across geographic areas, industry sectors, and occupations.

What Kind Of Training Is Allowable?

Tue, 29 May 2007 21:19:00 GMT

The Workforce Training Fund imposes few restrictions on training. What is taught, how it is taught, and when it is taught is up to the employer. There are no rigid standards for subject matter or hours of instruction. The duration of training may be up to two years. Training may be provided by inhouse expert trainers or external vendors.

Allowable training costs include those expenses that will occur during the course of the training grant period. Funds can be used to pay for the cost of training, but not for the costs of certification following the training. They may include costs for training providers, curriculum development, tuition, and supplies and equipment used for the training.

Where Can I Get More Information On Child Labor Laws?

Tue, 29 May 2007 21:19:00 GMT

The child labor laws restrict both the number of hours minors may work, and the occupations in which they may work. For complete information about the child labor laws, please call the Fair Labor and Business Practices Division in Boston at (617) 7273465, or in Springfield at (413) 7841128.

For detailed information, refer to the Child Labor laws at Chapter 149, Sections 56105.

Which Employers Are Liable For Unemployment Tax?

Tue, 29 May 2007 21:19:00 GMT

In general, if you have people working one or more days in each of 13 weeks during a calendar year, or if you pay wages of $1,500 or more in any calendar quarter, you are liable for contributions. The weeks of employment need not be consecutive, nor must the employees remain the same.

As an agricultural employer, you are subject to the law if you paid total cash wages of $20,000 or more in any calendar quarter, or you employed 10 or more individuals on any day in each of 20 weeks in a calendar year.

If you employ domestic workers and paid $1,000 or more in cash wages in any calendar quarter, you are liable. This category includes private homeowners, clubs, college fraternities and sororities.

Who Is Eligible For Training?

Tue, 29 May 2007 21:19:00 GMT

Massachusettsbased employees. This means that workers whose training is funded by this program must be working at a location in the state. As long as your employees work in Massachusetts, they are eligible for training regardless of where they live. Contract employees are not eligible to be trained with these funds.

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