EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

M.G.L. pt. Part I, tit. Title II, ch. c. 23

in effect

M.G.L. c. 23, § 1 Executive office of labor and workforce development created; adoption of regulations; constituent departments

c. 23, § 1. Executive office of labor and workforce development created; adoption of regulations; constituent departments Section 1. There shall be an executive office of labor and workforce development, which shall be under the supervision and control of a secretary of labor and workforce development, appointed by the governor. The secretary of labor and workforce development may, pursuant to chapter 30A, adopt regulations for the implementation or interpretation of any law enforced or administered by any department, office, agency, or other entity in the executive office of labor and workforce development. In the executive office shall be the department of unemployment assistance, the department of career services, the department of industrial accidents, the department of labor standards, the department of family and medical leave and the department of labor relations. Each department shall be headed by a director and each department may, with the approval of the secretary of labor and workforce development, adopt regulations under chapter 30A. The executive office shall be organized and shall function as a single state agency with the authority and control for administrative purposes including, but not limited to, for the purposes of the accounting and financial system of the commonwealth. The secretary shall, notwithstanding any general or special law to the contrary, identify and consolidate administrative activities and functions common to the separate offices, departments and divisions within the office and may designate such functions ''core administrative functions' in order to improve administrative efficiency and preserve fiscal resources; provided, however, that common functions that shall be designated core administrative functions shall include, but shall not be limited to, human resources, financial management, information technology, legal, procurement and asset management.

M.G.L. c. 23, § 3A Surcharge on fees assessed by department of labor standards

c. 23, § 3A. Surcharge on fees assessed by department of labor standards Section 3A. There shall be a surcharge on fees assessed by the department of labor standards for the licensure, registration or certification of certain professionals, and on fees assessed for the renewal or duplication of such licenses, registrations or certifications, in accordance with the provisions of this section. The amount of the surcharge shall be as follows: a $25 annual surcharge to those persons licensed or certified individually by the department of labor standards to perform deleading services; a $25 annual surcharge to those persons licensed or certified individually by the department of labor standards to perform asbestos abatement services; a $50 annual surcharge to those persons licensed or certified on behalf of corporate and other classifications of businesses by the department of labor standards to perform deleading services; a $50 annual surcharge to those persons licensed or certified on behalf of corporate and other classifications of businesses by the department of labor standards to perform asbestos abatement services; a $50 annual surcharge to those persons licensed or certified by the department of labor standards to provide asbestos abatement analytical services; a $50 annual surcharge to those persons licensed or certified by the department of labor standards to provide asbestos abatement training; a $50 annual surcharge to those persons licensed or certified by the department of labor standards to provide deleading training; and a $50 annual surcharge to those persons licensed or registered to operate an employment agency as defined by section 46A of chapter 140. Said surcharges shall be collected by the department of labor standards and transmitted to the treasurer for deposit into the general fund.

M.G.L. c. 23, § 9H Emergency commission

c. 23, § 9H. Emergency commission Section 9H. Whenever the Governor shall determine that an emergency exists in respect to food, or fuel, or any other common necessity of life, including the providing of shelter, or any two or more of such necessaries of life, he may, by writing signed by him, designate the adjutant general, the director of civil defense, the secretary of labor and workforce development and the commissioner of the division of occupational licensure to act as an emergency commission, and thereupon the Commission shall have, with respect to the necessary or necessaries of life as to which the emergency exists, all powers and authority granted by the Commonwealth Defense Act of nineteen hundred and seventeen, being chapter three hundred and forty-two of the General Acts of nineteen hundred and seventeen, to persons designated or appointed by the Governor under section twelve of said chapter three hundred and forty-two; and the Governor may revoke such written authority at any time. During such an emergency, the governor, with the approval of the council, may make and promulgate rules and regulations, effective forthwith, for the carrying out of the purposes of this section and for the performance by the commonwealth and the cities and towns thereof of any function affecting food or fuel or any other common necessary of life, including the providing of shelter, authorized under Article XLVII of the amendments to the constitution. Violation of any such rule or regulation shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both. The provisions of said chapter three hundred and forty-two are hereby made operative to such extent as the provisions of this section may from time to time require.

M.G.L. c. 23, § 9J Rules, regulations and orders necessary for the administration and enforcement of chapter 151A; expenditures; reports

c. 23, § 9J. Rules, regulations and orders necessary for the administration and enforcement of chapter 151A; expenditures; reports Section 9J. The secretary, in consultation with the director of unemployment assistance, may adopt, amend, alter or repeal, and shall enforce, all rules, regulations and orders necessary for the administration and enforcement of Chapter 151A. The secretary shall seek the approval of the director of unemployment assistance if the changes may affect the operations of the free public employment offices. Such rules and regulations, and any amendments, alterations or repeals thereof, shall, so far as they affect the property rights of any class of employers or employees, be subject to the approval of said state advisory council, and shall, upon the filing with the state secretary of a certified copy thereof and a certificate that they have been approved by said state advisory council if subject to such approval, have the force and effect of law. Copies of such rules and regulations, and amendments, alterations and repeals thereof, shall be provided by the director of unemployment assistance for public distribution. The director of unemployment assistance may make any expenditures, subject to appropriation, require any reports and take any other action, necessary and suitable to carry out the provisions of said chapter. He shall make an annual report to the governor and to the general court covering the administration and operation of said chapter during the preceding fiscal year, together with such recommendations as he deems proper.

M.G.L. c. 23, § 9K Deputy or assistant directors; bonding

c. 23, § 9K. Deputy or assistant directors; bonding Section 9K. Subject to appropriation, the commissioner may appoint and employ all deputy or assistant directors, one of whom shall be designated to the labor relations representative, officers, accountants, clerks, secretaries, agents, investigators, auditors and other officers and employees, necessary for the proper administration of chapter one hundred and fifty-one A. All persons so appointed or employed shall be selected on a non-partisan merit basis, subject to chapter thirty-one and the rules and regulations made thereunder, and also subject to such rules and regulations consistent therewith as may be adopted by the commissioner. The commissioner shall not appoint or employ any person who is serving as an officer or committee member of any political party. The commissioner shall fix the duties of all persons appointed and employed by him, and may authorize any such person to perform such duties, functions and powers of the commissioner as may be necessary or suitable for the proper administration and enforcement of chapter one hundred and fifty-one A. The commissioner may, in his discretion, bond any person handling moneys or signing checks hereunder.

M.G.L. c. 23, § 9N State advisory council; board of review

c. 23, § 9N. State advisory council; board of review Section 9N. (a) There shall be in the department of unemployment assistance, but not subject to the control of the director of unemployment assistance, a state advisory council of six members, citizens of the commonwealth, to be appointed by the governor. Two of said members shall be persons who, because of their vocations, employments, occupations or affiliations, can be classed as employers; two shall be persons who, for like reasons, can be classed as employees from a list of 3 persons recommended by the president of the Massachusetts AFL–CIO; and two shall be persons representative of the public. The governor shall from time to time designate as chairman one of the members who was appointed as representative of the public. Of the members originally appointed, one of each of the aforesaid groups shall be chosen for a term of four years, and one of each group for a term of six years; and thereafter as their terms expire the governor shall appoint members for terms of six years. Vacancies shall be filled by appointment by the governor, with like advice and consent, for the remainder of the unexpired term. All members shall serve until the qualification of their respective successors. Each of the members of the council shall receive the sum of forty dollars as compensation for each day's attendance at meetings of the council; provided, that the total amount paid hereunder to any such member shall not exceed twenty-four hundred dollars in any period of twelve months. The council shall meet at least once a month, but not more than sixty times a year. Members of the council shall receive their traveling and other necessary expenses incurred in the performance of their duties. The director of unemployment assistance shall provide for the council suitable quarters and such clerical and other assistance as the council may deem necessary. Said offices and the incumbents thereof shall not be subject to chapter thirty-one and the rules and regulations made thereunder. The state advisory council shall serve as the nominating panel for the board of review established pursuant to subsection (b). Before any submission of nominations for appointment or reappointment to the board of review, the advisory council shall review applications for such nominations and consider the following factors: (1) skills in fact-finding; (2) demonstrated basic understanding of the unemployment insurance law; and (3) a bachelor's degree or demonstrated writing ability as evidenced by at least 4 years in positions in which writing skills are a major job responsibility. The review shall be made on the basis of the application, experience, education and training of the applicant, writing samples, interviews, and any other information the panel may require. When the application is for reappointment, the panel shall review, in addition to any other information, the performance since the candidate's appointment including, but not limited to: (1) three decisions written and selected by the applicant; (2) where applicable, the total number of cases decided by the applicant heard by an appellate body, and the number of those cases which were remanded for further proceedings; (3) any decisions of an appellate body which specifically reference the candidate's demeanor or temperament; (4) at the discretion of the director, written complaints from attorneys received by the director regarding the candidate's demeanor or temperament; and (5) evidence of any demonstrable bias against particular defendants, claimants or attorneys. The state advisory council shall rate the candidate as highly qualified, qualified or unqualified. Any information regarding a candidate compiled by the state advisory council or the director shall be forwarded to the governor. (b) There shall be in the department a board of review consisting of 3 persons to be appointed by the governor, with the advice and consent of the council. Nominees to the board of review shall be selected from a list submitted to the governor by the state advisory council. Of the members first appointed, 1 shall be appointed for a term of 2 years, 1 for a term of 4 years and 1 for a term of 6 years and thereafter, as the term of a member expires, his successor shall be appointed for a term of 6 years. Vacancies shall be filled in like manner for the remainder of an unexpired term. All members shall serve until the qualification of their respective successors. The governor shall from time to time designate 1 of the members as chairman; provided, however, that the member designated as chairman shall be an attorney. The offices and the incumbents thereof shall not be subject to chapter 31 and the rules and regulations thereunder. The positions of chairman and each of the other members of the board shall be classified in accordance with section 45 of chapter 30 and the salaries shall be determined in accordance with section 46C of said chapter 30 and each member shall devote his full time during business hours to the duties of his office. Members of the board shall receive their traveling and other necessary expenses incurred in the performance of their duties.

M.G.L. c. 23, § 9O Department of labor relations; creation; jurisdiction of executive office of labor and workforce development over certain functions; declaration of public policy

c. 23, § 9O. Department of labor relations; creation; jurisdiction of executive office of labor and workforce development over certain functions; declaration of public policy Section 9O. There shall be within the executive office of labor and workforce development a department of labor relations, in this and the following 6 sections called the ''department,'' which shall be administered by a director, who shall be appointed by the governor. The department shall include: (1) a dispute resolution office; (2) an advisory council; (3) the commonwealth employment relations board; and (4) the joint labor-management committee. The department and its staff shall be subject to the jurisdiction of the executive office for all administrative functions, but shall not be subject to the executive office in the performance of adjudicatory functions, including but not limited to the assignment, evaluation, hiring, and firing of individual adjudicatory personnel. It is hereby declared to be the public policy of the commonwealth that the best interests of the people of the state are served by the prevention or prompt settlement of labor disputes; and it shall be the responsibility and objective of the department to take such steps as will most effectively and expeditiously encourage the parties to a labor dispute to agree on the terms of a settlement or to agree on the method and procedure which shall be used to resolve a dispute. It is recognized that a constructive and harmonious long-term collective bargaining relationship is the most positive way to avoid labor disputes, and such a relationship can be effectively developed in the public sector through the use of joint labor management committees.

M.G.L. c. 23, § 9P Dispute resolution office

c. 23, § 9P. Dispute resolution office Section 9P. The dispute resolution office shall consist of hearing officers, mediators, arbitrators, investigators, and other skilled professionals who shall attempt, through the use of pre-hearing investigative conferences, expedited hearings, mediation, deferral to arbitration, and other dispute resolution procedures, to resolve any labor dispute brought to the attention of the division. Such staff may be assigned to investigate labor disputes pursuant to section 11 of chapter 150E, to mediate labor disputes pursuant to section 9 of chapter 150E, to assist the joint labor-management committee in the investigation of disputes involving municipal police and fire departments, and to perform such other duties as the division may require.

M.G.L. c. 23, § 9Q Advisory council; appointment of members; meetings; designation of chairperson; performance standards

c. 23, § 9Q. Advisory council; appointment of members; meetings; designation of chairperson; performance standards Section 9Q. (a) There shall be an advisory council to advise the department concerning policies, practices, and specific actions that the division might implement to better discharge its labor relations duties. The director shall provide for the council suitable meeting space and such clerical and other assistance as the director and the council may deem necessary. (b) The advisory council shall consist of 13 members to be appointed by the governor, 5 of whom shall be members or representatives of public sector labor unions, 5 of whom shall be representatives of public sector managers, including the director of employee relations for the commonwealth, and 3 of whom shall be at large members. Seven members shall constitute a quorum for purposes of holding a meeting and voting. No action shall be taken by the council without the affirmative vote of at least 7 members. All members of the advisory council shall serve without compensation and at the pleasure of the governor. The advisory council shall meet no less than quarterly during each calendar year. Meetings of the advisory council shall be called by the chair or upon petition by a majority of voting members. Such meetings shall be subject to section 11A1/2 of chapter 30A. The secretary of labor and workforce development or designee, the chair of the commonwealth employment relations board, and the director of the department shall serve as ex-officio non-voting members of the advisory council. (c) The governor shall, from time to time, designate one of the council members as chair of the advisory council. The chair shall serve for no more than 2 years, and the position shall rotate among employee, employer, and at large members. No member of the advisory council shall be subject to chapter 31. (d) With the approval of the advisory council, the secretary of labor and workforce development may establish standards regarding the performance of the department, and require periodic reports from the director of the division regarding the division's attainment of such standards.

M.G.L. c. 23, § 9R Commonwealth employment relations board; appointment of members; designation of chairperson; reimbursement; powers and duties

c. 23, § 9R. Commonwealth employment relations board; appointment of members; designation of chairperson; reimbursement; powers and duties Section 9R. (a) There shall be in the department of labor relations a commonwealth employment relations board, in this and the following 5 sections called the ''board,'' consisting of 3 members to be appointed by the governor. The board shall in no respect be subject to the jurisdiction of the executive office of labor and workforce development except to the extent of compliance with reasonable requests from the secretary for the sharing of information which does not interfere with the efficient and independent functioning of the board. Each member of the board shall be appointed for a term of 5 years; provided, however, that a term of appointment shall be shortened, if necessary, to ensure that the members' terms are staggered such that a term expires every 2 years. Any vacancy in the board shall be filled by appointment in like manner. No more than 2 members shall be from the same political party. Upon the expiration of the term of any member, her successor shall be appointed in like manner. Any member may be removed by the governor for neglect of duty or malfeasance in office, but for no other cause. (b) The governor shall designate one of the members of the board as chair. The chair shall be responsible for convening meetings of the board. The position of chair shall be classified in accordance with section 45 of chapter 30 and the chair's salary shall be determined in accordance with section 46C of said chapter 30. The chair shall devote her full time to the duties of her office and shall not engage in other employment or business activities during regular business hours. (c) The board members other than the chair shall serve on a per diem basis, to be reimbursed at an appropriate rate to be established by the director, in consultation with the advisory council. The board members shall hold no other public office or public employment in the commonwealth, and shall devote whatever time is necessary to fulfill the obligations of their positions. (d) Pursuant to section 11 of chapter 150E, the members shall be responsible for reviewing orders and issuing decisions. (e) A vacancy in the board shall not impair the right of the remaining members to exercise all the powers of the board, and 2 members of the board shall at all times constitute a quorum. The board shall have an official seal which shall be judicially noticed. (f) The appointment or reappointment of a member shall be made by the governor from names submitted to the governor by the advisory council. Before any appointment or reappointment to the position of member of the commonwealth employment relations board, the advisory council shall review all applications for such nominations and consider the following factors: (1) basic understanding of the commonwealth's public sector labor relations law; (2) skills in decision-making; (3) a law degree; and (4) demonstrated familiarity with legal processes. The advisory council shall rank each candidate as qualified, unqualified, or highly qualified. The governor may select 1 or more candidates recommended by the advisory council; provided, however, that the governor may decline to appoint any of the proffered candidates, in which case the council shall reopen the application process and submit new candidates for the governor's consideration. (g) Attorneys employed by the division may appear for and represent the board in any case in court.

M.G.L. c. 23, § 9S Joint labor-management committee

c. 23, § 9S. Joint labor-management committee Section 9S. There shall be within the division the joint labor-management committee as established by chapter 1078 of the acts of 1973, and as most recently amended by chapter 589 of the acts of 1987.

M.G.L. c. 23, § 9T Director of division; appointment; powers and duties

c. 23, § 9T. Director of division; appointment; powers and duties Section 9T. (a) The division shall be administered by a director, who shall be appointed by the governor to serve for a term coterminous with that of the governor. The position of director shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The director shall devote her full time to the duties of her office and shall not engage in other employment or business activities during regular business hours. (b) The appointment or reappointment of the director of the division shall be made by the governor from names submitted to the governor by the advisory council. Before any appointment or reappointment to the position of director of the division, the advisory council shall review all applications for such nominations and consider the following factors: (1) basic understanding of the commonwealth's public sector labor relations law; (2) skills and experience in managing organizations; and (3) any other relevant experience and education. The advisory council shall rank each candidate as qualified, unqualified, or highly qualified. The governor may select 1 of the candidates recommended by the advisory council; provided, however, that the governor may decline to appoint any of the proffered candidates, in which case the council shall reopen the application process and submit new candidates for the governor's consideration. Any director may be removed by the governor for neglect of duty or malfeasance in office, or for the division's failure to meet the performance standards as set forth in subsection (d) of section 9Q, but for no other cause. (c) The director shall be the executive and administrative head of the division and shall have charge of the administration of the division. The director shall have the authority, pursuant to chapter 30A, and after consultation with the advisory council and the members of the commonwealth employment relations board, to issue any regulation for the enforcement and administration of the provisions of this section and the 3 following sections, as well as chapters 150, 150A, and 150E. The director shall prepare an annual operating budget and other funding requirements and requests pursuant to this chapter to be submitted to the executive office of labor and workforce development. (d) In addition to the responsibilities specified above, the director's duties shall include, but not be limited to, the following: (i) the training of newly appointed board members, hearing officers, mediators, arbitrators, investigators, and any other staff as to their responsibilities and powers, including, but not limited to: the conduct of investigations, conferences, hearings, and mediations; the prompt, clear, and concise writing of decisions; and the prompt resolution of labor disputes brought to the attention of the division; (ii) the establishment of an annual training program to instruct all board members, hearing officers, mediators, arbitrators, investigators, and any other staff as the director deems appropriate, in matters related to their professional development; (iii) the establishment of reasonable criteria, in conjunction with the general counsel, and after consultation with the advisory council, upon which to perform an annual review of each board member; (iv) the establishment of performance standards for all of the functions of the division; (v) the appropriate allocation of all disputes brought to the attention of the division, to ensure that all professional staff receive balanced and equitable case loads; and (vi) the hiring, supervision, and evaluation of hearing officers, mediators, arbitrators, investigators, and other staff, for the purpose of fostering more effective resolution of disputes brought to the attention of the division. (e) While the director shall have oversight over the performance of hearing officers, arbitrators, and other staff, neither the director nor any other person may interfere with, influence, or overrule any written opinion issued by the division's staff or by the board. Any such decision may only be overruled by the members of the commonwealth employment relations board or a court, in accordance with applicable law.

M.G.L. c. 23, § 9U Report to the general court

c. 23, § 9U. Report to the general court Section 9U. The division shall, within 120 days of the close of each fiscal year, make a detailed report in writing to the general court, including without limitation: the number and types of cases filed with the division, including elections, and the disposition of all such cases; statistics regarding the number of decisions it has rendered and unresolved cases, and the timeliness of the division's decisions; the names, salaries, and duties of all employees and officers in the employ or under the supervision of the division; and an account of all moneys it has disbursed.

M.G.L. c. 23, § 11A Department of labor standards; creation; powers and duties

c. 23, § 11A. Department of labor standards; creation; powers and duties Section 11A. In addition to such staff and facilities as may be necessary in the efficient performance of its duties, there shall be employed in the department of labor standards persons having special knowledge of the causes and prevention of occupational diseases. It shall be the duty of the department to investigate conditions of occupation with reference to hazards to health and to determine the degree of such hazards, to investigate and evaluate methods for the control of such hazards, to assist in the preparation of rules and regulations for the preventing of occupational accidents and diseases, and, in co-operation with the department of public health or otherwise, to promote occupational health and safety education.

M.G.L. c. 23, § 11E Apprenticeship council; members; terms; expenses; meetings

c. 23, § 11E. Apprenticeship council; members; terms; expenses; meetings Section 11E. There shall be in the department of labor standards an apprenticeship council, to consist of 10 members, 8 of whom shall be appointed by the secretary of labor and workforce development with the approval of the governor, 1 of whom shall be the director of the department of labor standards or his successor, ex officio, and 1 of whom shall be the associate commissioner of career and technical education or his successor, in the department of education, ex officio. Of the appointive members, 3 of whom shall be persons who, on account of previous vocation, employment, occupation or affiliation, may be classified as representatives of labor and 3 of whom shall be persons who, on account of previous vocation, employment, occupation or affiliation, may be classified as representatives of management. The terms of office of the representatives of labor and management initially appointed shall expire as designated by the director at the time of making the appointments, 1 representative each of labor and management shall be appointed for a term of 1 year, 1 representative each of labor and management shall be appointed for a term of 2 years, and 1 representative each of labor and management shall be appointed for a term of 3 years. Thereafter, each member representing labor and management shall be appointed for a term of 3 years. The 2 remaining appointive members shall be members of the public who shall be appointed for terms of 3 years. Any member appointed to fill a vacancy occurring prior to the expiration of the term of his predecessor shall be appointed for the remainder of the term. Each member of the council not otherwise compensated by the commonwealth may be reimbursed for transportation and other necessary expenses. The council shall not meet more than 15 days in a year. The council shall meet at the call of the director and shall aid the director in formulating policies for the effective administration of this chapter. The council shall suggest standards for apprentice programs and apprentice agreements, which shall in no case be lower than those prescribed by this chapter. The council shall suggest such rules and regulations as it deems necessary to carry out the intent and purposes of this chapter, and shall perform such other functions as the director may direct.

M.G.L. c. 23, § 11F Deputy director of apprentice standards; appointments

c. 23, § 11F. Deputy director of apprentice standards; appointments Section 11F. The secretary of labor and workforce development, subject to approval by the governor, shall appoint a deputy director of apprentice standards. The deputy director may appoint and employ such clerical, technical and professional assistance as shall be necessary to effectuate the purposes of this chapter, and may utilize any federal funds available to aid in the administration of this chapter.

M.G.L. c. 23, § 11G Powers and duties of director of labor standards and deputy director of apprentice standards

c. 23, § 11G. Powers and duties of director of labor standards and deputy director of apprentice standards Section 11G. The director of the department of labor standards and deputy director, with the advice and guidance of the apprenticeship council, shall administer sections 11E to 11W, inclusive, shall keep a record of apprentice programs and apprentice agreements and their disposition, shall cooperate with the state department of education and the local school authorities in regard to the education of apprentices in accordance with the standards established by the director and deputy director for the same occupation or group of occupations, and shall perform such other duties as are necessary to carry out the intent of said sections 11E to 11W, inclusive. The director and deputy director may set up and establish conditions and training standards for apprentice programs and apprentice agreements, which conditions or standards shall in no case be lower than those prescribed by said sections 11E to 11W, inclusive, may create and implement a schedule of progressive sanctions regarding registration of apprentice programs, may act as secretary of the apprenticeship council, may approve an apprentice program or apprentice agreement which meets the standards established under said sections 11E to 11W, inclusive, may terminate or cancel an apprentice program or apprentice agreement in accordance with said sections 11E to 11W, inclusive, and may issue certificates of completion of apprenticeship.

M.G.L. c. 23, § 11H Definitions

c. 23, § 11H. Definitions Section 11H. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meaning:— ''Apprentice'', a person at least 16 years of age who has entered an apprentice agreement with an employer, or an association of employers, or an organization of employees, or other apprentice program sponsor. ''Apprentice agreement'', a written agreement between an apprentice and an apprentice program sponsor which is registered with the division and which provides for not less than 2,000 hours of reasonably continuous employment, consistent with training requirements as established by industry practice, in the occupation to which he is apprenticed. The written agreement shall also provide for not less than 150 hours per year of related instruction for a person in the occupation to which he is apprenticed, or in the case of licensed occupations, as required by regulations of the appropriate licensing identity, as applicable, as well as participation in an approved schedule of work experience throughout a reasonably continuous period of employment. ''Apprenticeable occupation'', an occupation which: (1) is customarily learned in a practical way through a structured, systemic program of on-the-job supervised training; (2) is clearly identified and commonly recognized through an industry; (3) involves manual, mechanical or technical skills and knowledge which require a minimum of 2,000 hours of on-the-job work experience; and (4) requires related training to supplement the on-the-job training. ''Apprentice program'', a program which is registered with the division for the recruitment, selection, employment, training and qualification of apprentices. ''Apprentice program sponsor'', a person, association, committee, organization, corporation, partnership, trust or other entity operating an apprentice program and in whose name the program is registered with the division. ''Department'', the department of labor standards. ''Deputy director'', the deputy director of the department. ''Director'', the director of the department of labor standards. ''Division'', the division of apprentice standards in the department of labor standards. ''Licensing entity'', a state agency, including the division of occupational licensure that issues licenses to individuals to engage in occupations. ''Proctor'', an instructor approved by the division or a person competent in an apprentice's occupation including, but not limited to, a journey worker.

M.G.L. c. 23, § 11I Apprentice agreements; basic standards

c. 23, § 11I. Apprentice agreements; basic standards Section 11I. Every apprentice agreement entered shall include at least the following basic provisions: (a) a requirement that the apprentice receive a minimum of 2,000 hours of employment as an apprentice, consistent with training requirements as established by industry practice, in the occupation to which he is apprenticed; (b) a requirement that the apprentice receive a minimum of 150 hours per year of related classroom instruction during the period of apprenticeship in the occupation to which he is apprenticed, or in the case of licensed trades, as required by regulation of the licensing entity, as applicable and any examinations administered during such instruction shall be monitored by a proctor; (c) a schedule of the work processes to be learned in the occupation; (d) a progressively increasing scale of wages for the apprentice, during the period of apprenticeship; (e) a concise and accurate statement of the terms and conditions of the employment and training of the apprentice and a statement that the apprenticeship agreement shall be registered with the division within 30 days of its execution; (f) a statement that such agreement may be terminated, within the lesser of (1) 1 year or (2) 25 per cent of the length of the apprentice program from the date of its execution, by either the employer or the apprentice, for any reason; (g) a statement that the agreement may be terminated by the deputy director any time during the duration of the agreement if the deputy director deems it proper; and (h) a statement that the division is available to receive, investigate and resolve any complaints the apprentice has about the apprentice training program in which the apprentice is registered.

M.G.L. c. 23, § 11J Apprentice agreements; approval; signing; training period

c. 23, § 11J. Apprentice agreements; approval; signing; training period Section 11J. No apprentice agreement shall be effective until approved by and registered with the division. An apprentice agreement shall be signed by the apprentice program sponsor and by the apprentice and, if the apprentice is a minor, by a legal guardian of the minor and by the deputy director. When a minor enters into an apprentice agreement for a period of training extending beyond the date upon which the apprentice shall attain his majority, the apprentice agreement, if approved and registered, shall be binding for the entire period referred to in the agreement, including so much thereof as may extend beyond the date upon which the apprentice attained majority.

M.G.L. c. 23, § 11K Basic apprentice program standards; apprentice ratio; eligibility; minimum employment; pay; credit; resolution of complaints

c. 23, § 11K. Basic apprentice program standards; apprentice ratio; eligibility; minimum employment; pay; credit; resolution of complaints Section 11K. To be approved by and registered with the division, an apprentice program shall substantially conform with the following basic standards:— (a) The ratio of apprentices to journeypersons shall not conflict with the ratio established in apprenticeable occupations operated by the joint labor management apprentice training programs approved under this chapter. Notwithstanding section 11G, neither the deputy director, the director, nor the apprenticeship council shall set up and establish conditions and training standards for apprentice programs which are in conflict with this ratio. (b) The apprentice program shall be open to all persons at least 16 years old and shall not discriminate on the basis of age, race, color, creed, national origin, gender, sexual orientation or disability. (c) The apprentice program shall ensure that each apprentice works a minimum of 2,000 hours of employment, consistent with training requirements as established by industry practice, at the occupation to which he is apprenticed. The apprentice program shall ensure that each apprentice receives a minimum of 150 hours annually of related classroom instruction in the occupation to be learned, or in the case of licensed trades, as required by regulation of the licensing entity, as applicable and any examinations administered during such instruction shall be monitored by a proctor. (d) The apprentice program must ensure that each apprentice is paid in accordance with a predetermined schedule of wage rates based on the journeyperson rate, said schedule to progressively increase with the apprentice's skill level and average at least 50 per cent of the journeyperson's rate for the apprenticeship term. (e) The apprentice program shall allow credit or advanced standing to be granted to an apprentice for hands-on training or related instruction which the apprentice may have previously obtained, but all such credit or advanced standing shall comply with this chapter. (f) The apprentice program shall establish a procedure to receive, investigate and resolve apprentices' complaints about the program. The procedure shall provide that any such complaint shall be filed within 6 months after the apprentice knew, or reasonably should have known of the act giving rise to the complaint. Notice of the complaint procedure shall be provided to all apprentices. Such notice shall advise an apprentice that the division is available to receive, investigate and resolve any complaints about the program that have not been resolved to the satisfaction of the apprentice after all internal procedures have been fully exhausted.

M.G.L. c. 23, § 11L Application to sponsor apprentice program; collective bargaining agreement; effect of abnormal labor condition

c. 23, § 11L. Application to sponsor apprentice program; collective bargaining agreement; effect of abnormal labor condition Section 11L. A person, association, committee, organization, corporation, partnership, trust or other entity seeking to sponsor an apprentice program may apply for a registration in accord with procedures established by the division. The application shall describe the proposed program, giving the terms and conditions of the apprentices' employment, supervision of apprentices and provision of related instruction. The application shall also describe whether credit or advanced standing will be given for relevant hands-on training or related instruction and, if so, the terms and conditions by which such credit or advanced standing will be granted. If the applicant is a party to a collective bargaining agreement, a statement to that effect shall be included with the application and a copy of the application shall be provided to the agent for the collective bargaining unit at least 2 weeks prior to filing the application with the division. If the applicant is involved in any abnormal labor condition, such as a strike, lockout or other similar condition, the application shall be withheld until such condition is resolved. Once a program is registered, the sponsor shall notify the division in writing within 30 days of any significant modifications to the program or of any material changes in information submitted with the application.

M.G.L. c. 23, § 11T Voluntary deregistration of apprentice programs; program investigation; deregistration for cause; notice to interested persons; appeals; program reinstatement

c. 23, § 11T. Voluntary deregistration of apprentice programs; program investigation; deregistration for cause; notice to interested persons; appeals; program reinstatement Section 11T. (a) An apprentice program sponsor may voluntarily deregister its program by providing written notice to the division and its apprentices and otherwise complying with provisions established by the division. (b) The deputy director, on his own initiative, or upon the complaint of an interested person, may investigate and determine whether there has been a violation of the terms of an apprentice agreement or apprentice program and may hold hearings, inquiries and other proceedings necessary to such investigations and determination. All hearings, investigations and determinations shall be made under authority of reasonable rules and procedure approved by the director. The deputy director may deregister an apprentice program upon finding sufficient cause. Any of the following shall constitute sufficient cause for deregistration: (1) false statements or material omissions in the application for registration or documentation submitted; (2) violation of any of the requirements of this chapter; or (3) violation of a state or federal law which the deputy director determines to be of such serious and compelling nature to warrant suspension or deregistration of the apprentice program. The apprentice program sponsor shall be given a fair and impartial hearing, after reasonable notice of the hearing has been provided. If the proposed deregistration is for a specific period of time, the duration of the deregistration and any conditions that shall be met in order to be re-registered shall be provided with the notice. An apprentice program sponsor of a deregistered program shall comply with provisions established by the division. Such provisions shall include, but not be limited to, the requirement that within 10 business days of the effective date of any deregistration, the apprentice program sponsor shall provide written notice to all apprentices in its program that, for the period of such deregistration, all apprentice agreements shall be automatically terminated. The determination of the deputy director shall be filed with the director and notice of the determination shall, at the same time, be mailed, postage prepaid, to each person known by the division to be an interested person, at his last address as shown by the division's records. A person aggrieved by a determination or action of the deputy director may, within the 10 business day period, appeal to the director, who shall hold a hearing after due notice to all interested parties. If no appeal is filed with the deputy director within 10 business days after the date of such filing and notice, the determination shall become the decision of the director. A party to an apprentice program aggrieved by an order or decision of the director may appeal to the superior court; provided, however, that such order or decision shall be conclusive if the appeal shall not be filed within 30 days after the date of the order or decision. The order or decision shall be reviewed in accordance with the standards for review provided in section 14 of chapter 30A. No person shall institute an action for the deregistration of an apprentice program unless he shall first have exhausted all administrative remedies provided by this section. (c) Within 30 days of the date of the deregistration, whether voluntary or involuntary, of an apprentice program, the apprentice program sponsor shall send to the division a copy of all documents demonstrating the number of hours of hands-on training and related instruction obtained by all apprentices in the program. (d) The division may reinstate the registration of an apprentice program in its discretion upon presentation of adequate evidence that the condition that gave rise to the deregistration has been remedied.

M.G.L. c. 23, § 11U Violations of apprentice agreement; investigation; rules; hearings; notice; appeals

c. 23, § 11U. Violations of apprentice agreement; investigation; rules; hearings; notice; appeals Section 11U. (a) The division, upon the complaint of an interested person or upon its own initiative, may investigate and determine whether there has been a violation of the terms of an apprentice agreement, and may hold hearings, inquiries and other proceedings necessary to the investigations and determination, provided that the apprentice filing a complaint has exhausted the procedures established pursuant to section 11K. All hearings, investigations and determinations of apprentice agreements shall be made under authority of reasonable rules and procedure prescribed by the director. (b) The division shall not be required to hold hearings in matters confined solely to identifiable apprentice agreements, which the division may deregister at any time during the period of apprenticeship if it determines appropriate. (c) The determination of the deputy director shall be filed with the director and notice of the determination shall, at the same time, be mailed, postage prepaid, to each person known by the division to be an interested person, at the last address as shown by the records of the division. If no appeal is filed with the deputy director within 10 business days after the date of the filing and notice, the determination shall become the decision of the director. A person aggrieved by a determination or action of the deputy director may, within the time allowed, appeal to the director, who shall hold a hearing after due notice to all interested parties. A party to an apprentice program aggrieved by an order or decision of the director may appeal to the superior court; provided, however, that the order or decision shall be conclusive if the appeal is not filed within 30 days after the date of the order or decision. The order or decision shall be reviewed in accordance with the standards for review provided in section 14 of chapter 30A. No person shall institute an action for the enforcement or deregistration of any apprentice agreement until after the person has exhausted all administrative remedies provided by this section. (d) The deputy director may reinstate the registration of an apprentice agreement in its discretion upon presentation of adequate evidence that the condition that gave rise to the deregistration has been remedied.

M.G.L. c. 23, § 11V Apprentice agreements in collective bargaining agreements

c. 23, § 11V. Apprentice agreements in collective bargaining agreements Section 11V. Nothing in this chapter or in an apprentice program or apprentice agreement entered into and approved under this chapter shall operate to invalidate any apprenticeship provision in a collective bargaining agreement between employers and employees setting up higher apprenticeship standards.

M.G.L. c. 23, § 11W Requirements for apprentice identification card; fees deposited in division special trust account

c. 23, § 11W. Requirements for apprentice identification card; fees deposited in division special trust account Section 11W. The deputy director shall require each apprentice entering into a written agreement pursuant to this chapter to submit an application to the division for an apprentice identification card. Such application shall be accompanied by a fee paid by the apprentice or the program sponsor, together with photographic prints and such other information as required by the deputy director, except that a veteran receiving education benefits from the Department of Veterans Affairs under Title 38 of the United States Code shall not be required to pay a fee. The apprentice identification card shall expire 1 year from the date of issue. Application for renewal of such card shall be submitted to the division and shall be accompanied by a fee paid by the apprentice or the program sponsor. The funds shall be received by the state treasurer on behalf of the commonwealth and deposited in a special trust account for the division and may be expended, without further appropriation, under the direction of the director. An apprentice identification card shall contain the photograph of the apprentice; the apprentice registration number or such other number as the deputy director requires; the date on which the apprentice identification card expires; the name and business address of the appropriate apprenticeship committee or single employer sponsor; the steps of progression and related dates applicable to the apprentice and the projected date on which the apprentice is projected to complete the apprenticeship. As a condition of apprenticeship, the apprentice shall keep the apprentice identification card on his person during all hours of employment during the apprenticeship.

M.G.L. c. 23, § 25 Council on the underground economy

c. 23, § 25. Council on the underground economy Section 25. (a) There is hereby established a council on the underground economy. The council shall coordinate joint efforts to combat the underground economy and employee misclassification, including efforts to: (1) foster compliance with the law by educating business owners and employees about applicable requirements; (2) conduct targeted investigations and enforcement actions against violators; (3) protect the health, safety and benefit rights of workers; and (4) restore competitive equality for law-abiding businesses. For the purposes of this section, the term ''underground economy'' shall mean any individual or business that deals in cash or uses other means to conceal its true tax liability from government licensing, regulatory and taxing agencies, including, but not limited to, tax evasion or fraud, misclassification of employees, wage theft or the unreported payment of wages. (b) The council shall consist of 18 members including: the secretary of labor and workforce development, or a designee, who shall serve as the chair; the director of the department of unemployment assistance, or a designee; the director of the department of industrial accidents, or a designee; the director of labor standards, or a designee; the commissioner of revenue, or a designee; the chief of the attorney general's fair labor division, or a designee; the secretary of public safety and security, or a designee; the commissioner of professional licensure, or a designee; the executive director of the insurance fraud bureau, or a designee; the director of the department of family and medical leave, or a designee; and 8 persons appointed by the governor who represent government agencies. The council may create and appoint members to a subcommittee made up of members representing business, organized labor, not-for-profit organizations, government, the legislature and any political subdivision thereof including municipal governments, to solicit input. (c) The council shall: (1) facilitate timely information sharing among state agencies in order to advise or refer matters of potential investigative interest; (2) identify those industries and sectors where the underground economy and employee misclassification are most prevalent and target council members' investigative and enforcement resources against those sectors, including through the formation of joint investigative and enforcement teams; (3) assess existing investigative and enforcement methods, both in the commonwealth and in other jurisdictions, and develop and recommend strategies to improve those methods; (4) encourage businesses and individuals to identify violators by soliciting information from the public, facilitating the filing of complaints and enhancing the available mechanisms by which workers can report suspected violations; (5) solicit the cooperation and participation of district attorneys and other relevant enforcement agencies, including the insurance fraud bureau, and establish procedures for referring cases to prosecuting authorities as appropriate; (6) work cooperatively with employers, labor and community groups to diminish the size of the underground economy and reduce the number of employee misclassifications by, among other means, disseminating educational materials regarding the applicable laws, including the legal distinctions between independent contractors and employees, and increasing public awareness of the harm caused by the underground economy and employee misclassification; (7) work cooperatively with federal, state and local social services agencies to provide assistance to vulnerable populations that have been exploited by the underground economy and employee misclassification, including, but not limited, to immigrant workers; (8) identify potential regulatory or statutory changes that would strengthen enforcement efforts, including any changes needed to resolve existing legal ambiguities or inconsistencies, as well as potential legal procedures for facilitating individual enforcement efforts; and (9) consult with representatives of business and organized labor, members of the general court, community groups and other agencies to discuss the activities of the council and its members and ways of improving its effectiveness. (d) The council shall file an annual report with the governor and the clerks of the house of representatives and senate summarizing the council's activities during the preceding year. The report shall, without limitation: (1) describe the council's efforts and accomplishments during the year; (2) identify any administrative or legal barriers impeding the more effective operation of the council, including any barriers to information sharing or joint action; (3) propose, after consultation with representatives of business and organized labor, members of the general court and other agencies, appropriate administrative, legislative or regulatory changes to strengthen the council's operations and enforcement efforts and reduce or eliminate any barriers to those efforts; and (4) identify successful preventative mechanisms for reducing the extent of the underground economy and employee misclassification, thereby reducing the need for greater enforcement. Reports of the council shall be made available on the webpage of the executive office of labor and workforce development.

M.G.L. c. 23, § 26 List of occupations in high-demand industries to be provided to department of elementary and secondary education; list to be made available to school districts

c. 23, § 26. List of occupations in high-demand industries to be provided to department of elementary and secondary education; list to be made available to school districts Section 26. (a) As used in this section, the term ''employment value'' shall mean the economic value of a particular occupation to the individual and the community, including but not limited to considerations of the entry wage, growth rate in employment, and present and projected average annual open positions for the occupation in the commonwealth. (b) For the purpose of promoting access to academic and technical skills that prepare the workforce for high-demand occupations in the commonwealth, the executive office of labor and workforce development shall provide the department of elementary and secondary education, annually, not later than February 1, a list of occupations in high-demand industries in the commonwealth that either require an industry-recognized certification or for which such certification will materially enhance a job applicant's opportunities for employment or increased compensation. The list shall include, but not be limited to: (i) the related workforce needs and shortages in each region of the commonwealth; and (ii) recommendations on potential courses and programming in public schools that can effectively contribute to providing credentials for high-demand industries in the commonwealth. The list shall include occupations with high employment value; provided, that the top 20 per cent of occupations shall be high-demand occupations; provided, however, that no occupation shall be included on the list which has an annual salary or wage in an amount less than 70 per cent of the average annual salary or wage in the commonwealth, unless the certification for such an occupation is stackable to another industry certification and required for the next level of occupation which does meet the 70 per cent wage criterion. (c) The executive office of labor and workforce development, in consultation with the department of elementary and secondary education, shall make the list created pursuant to subsection (b) available to all school districts in the commonwealth and post the list publicly on the executive office of labor and workforce development's website.

M.G.L. c. 23, § 27 Aggregate wage and workforce data report; separation by industry; publication on website; timing of publication

c. 23, § 27. Aggregate wage and workforce data report; separation by industry; publication on website; timing of publication Section 27. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Aggregate wage and workforce data report'', a report reflecting aggregate data from wage data reports, collected from covered employers pursuant to subsection (c) of section 32 of chapter 9 and provided to the executive office of labor and workforce development by the state secretary pursuant to subsection (b) of said section 32 of said chapter 9; provided, however, that an ''aggregate wage and workforce data report'' shall be separated by the following industries consistent with the North American Industry Classification System: (i) agriculture, forestry, fishing and hunting; (ii) mining; (iii) utilities; (iv) construction; (v) manufacturing; (vi) wholesale trade; (vii) retail trade; (viii) transportation and warehousing; (ix) information; (x) finance and insurance; (xi) real estate rental and leasing; (xii) professional, scientific and technical services; (xiii) management of companies and enterprises; (xiv) administrative support and waste management and remediation services; (xv) education services; (xvi) health care and social assistance; (xvii) arts, entertainment and recreation; (xviii) accommodation and food services; (xix) public administration; and (xx) other services. ''EEO–1 data report'', as defined in section 105E of chapter 149. ''EEO–3 data report'', as defined in section 105E of chapter 149. ''EEO–4 data report'', as defined in section 105E of chapter 149. ''EEO–5 data report'', as defined in section 105E of chapter 149. ''Wage data report'', as defined in section 105E of chapter 149. (b) The executive office of labor and workforce development shall publish on its website aggregate wage and workforce data reports consisting of data received pursuant to subsection (c) of section 105E of chapter 149 as follows: (i) annually, not later than July 1, an aggregate wage and workforce data report consisting of data from all EEO–1 data reports; (ii) every odd-numbered calendar year, not later than July 1, an aggregate wage and workforce data report consisting of data from all EEO–3 data reports and EEO–5 data reports; and (iii) every even-numbered calendar year, not later than July 1, an aggregate wage and workforce data report consisting of data from all EEO–4 data reports.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter23Fetched: 10/20/2026