Provisions and Restrictions Relating to Applicant Fees and Client Fees and Charges Assessed

by Employment Agencies (1) Client Fee Restrictions. There are no restrictions on Client Fees charged by an Employment Agency. (2) Workers or Job Applicants Who Are Hired at an Annual Wage of over $40,000.00. The provisions of 454 CMR 24.09(4) and (5) shall not apply to Workers or Job Applicants who are hired at an annual wage of over $40,000.00, provided that any Fees or Charges assessed by an Employment Agency to the Worker or Job Applicant do not violate M.G.L. c. 151 or 454 CMR 24.00. (3) Written Disclosure to Job Applicant. Any Employment Agency that is not the Employer of the Job Applicant or Worker that it places, refers, or assigns, and that charges an Applicant Fee to the Job Applicant or Worker, is required to disclose in writing to the Applicant, or Worker, the amount of the Client Fee paid by the Employer or Client to the Employment Agency for placing the Job Applicant or Worker. (4) Applicant Fee Restrictions. In accordance with M.G.L. c. 140, § 46L, an Employment Agency may charge Applicant Fees only if each of the following conditions are met: (a) The Employment Agency is not also a "Staffing Agency" as defined in 454 CMR