Hiring employees in Massachusetts: the 2026 compliance checklist for employers and recruiters

As of October 2026, an employer hiring in Massachusetts has to register with the Department of Unemployment Assistance (DUA), carry workers' compensation insurance, include a pay range in job postings once it has 25 or more Massachusetts employees, keep criminal history questions off the initial application, get the prior authority of everyone on a call before recording an interview, have the new hire complete Form M-4, give the Paid Family and Medical Leave notice within 30 days of hire, and report the hire to the Department of Revenue within 14 days of the first day of work. Massachusetts also bars salary history questions until an offer is made, requires a lie detector notice on every job application form, and licenses agencies that place workers for a fee.

This page is the Massachusetts hub: one table with every item and its official source, then a short section on each. Where we already have a full guide to an item, the section summarizes it and links there.

The Massachusetts hiring checklist at a glance

What must be in place before the first Massachusetts hire?

Two things. First, an unemployment insurance account: the DUA says "Employers who pay wages for work done in Massachusetts must register with DUA." Registration is online through Unemployment Services for Employers and asks for the legal business name, FEIN, entity type, owners' or officers' Social Security numbers and the principal business activity in Massachusetts. Most registrations are processed immediately.

Second, workers' compensation. G.L. c. 152, § 25A says "every employer shall provide for the payment" of compensation, by an insurance policy or approved self-insurance. Massachusetts writes no employee-count threshold into that sentence, so plan on coverage from the first hire. The federal layer (an EIN, Form W-4 and Form I-9 by the third business day) applies on top.

Does a staffing or recruiting agency need a Massachusetts license?

Often, yes. Massachusetts is one of the few states that still licenses agencies. G.L. c. 140, §§ 46A–46R cover anyone who procures, or tries to procure, permanent or temporary help or employment where a fee is charged, and the Department of Labor Standards runs both a full license and a lighter placement-agency registration, with a bond and annual renewal. Agencies based out of state that do business in Massachusetts are included. Temporary staffing firms also owe workers assignment information under the Temporary Workers Right to Know rules in 454 CMR 24.00. Fees, the bond and the two categories are in our guide to the Massachusetts staffing agency license.

What must a Massachusetts job posting include, and can you ask about pay history?

Since October 29, 2025, an employer with 25 or more Massachusetts employees must include a pay range in every job posting for a specific position, whether it posts directly or a recruiter posts for it, under the Frances Perkins Workplace Equity Act at G.L. c. 149, § 105F; the Attorney General enforces it, with a warning for a first offense (state guidance: Pay transparency in Massachusetts). Larger employers also file a separate pay data report. Our Massachusetts pay transparency guide covers the cure period and penalties.

Pay history is off limits earlier. G.L. c. 149, § 105A(c)(2) makes it unlawful to seek a candidate's pay history, from the candidate or a former employer, or to screen on it, until an offer with compensation has been negotiated and made. The Attorney General has said the rule reaches recruiters acting for an employer. See the Massachusetts salary history ban for a script.

When can you ask about criminal history or run a credit check?

Not on the first application. G.L. c. 151B, § 4(9) bars employers with six or more employees from asking about criminal records on the initial written application, and bars questions at any stage about arrests that did not end in a conviction, a first conviction for listed minor misdemeanors, most misdemeanors more than three years old, and sealed or expunged records. The CORI law adds a procedure: if you hold the candidate's criminal history, give them a copy before you question them about it and again with any adverse decision (G.L. c. 6, § 171A). Details are in the Massachusetts ban-the-box guide.

Massachusetts is not among the states with an employer credit-check statute in our credit check laws guide as of October 2026, so the federal Fair Credit Reporting Act sets the steps: a stand-alone disclosure, written authorization and the pre-adverse and adverse action notices described in the FTC's employer guidance.

Can you record or transcribe a job interview in Massachusetts?

Only openly, with everyone's prior authority. G.L. c. 272, § 99 defines interception as to "secretly hear, secretly record" a wire or oral communication without the prior authority of all parties. A secret recording is punishable by up to five years in state prison, and the person recorded can sue. Say you are recording or transcribing, to the candidate and anyone else on the call, and get a clear yes before you start. Our Massachusetts recording consent guide has a consent line, and recording calls across state lines covers candidates in other states.

Does Massachusetts regulate AI in hiring?

Not with an AI-specific statute, as of October 2026. The law that has reached AI interview tools is older: the lie detector statute, G.L. c. 149, § 19B, defines a lie detector test as any test using "a polygraph or any other device, mechanism, instrument or written examination" that purports to help detect deception, bars requiring one as a condition of employment, and sets civil damages of at least $500 per violation. In Baker v. CVS, a candidate argued that an AI video interview was such a test; the case settled in 2024 (see AI hiring lawsuits). Before using any tool that claims to judge honesty or integrity, check it against § 19B. The wider picture is in AI hiring laws by state.

Does Massachusetts require E-Verify?

No. As of October 2026, no Massachusetts law requires any employer to use E-Verify. State contractors certify under Executive Order 481 that they verify workers "pursuant to federal requirements," which is Form I-9, and a short statute, G.L. c. 149, § 19C, bars knowingly employing unauthorized workers. See E-Verify requirements in Massachusetts.

Which state withholding form does a new hire complete?

The Form M-4, Massachusetts Employee's Withholding Exemption Certificate, published by the Department of Revenue. Collect it with the federal W-4 on the first day so state income tax withholding starts with the first paycheck.

Which notices must a new Massachusetts employee get at hire?

• Paid Family and Medical Leave notice. The Department of Family and Medical Leave says employers "must provide any new employee a notification form within 30 days of hire," on paper or electronically, with a chance to accept or decline receipt. Keep the signed form or proof of your effort to deliver it. The PFML workplace poster must also be displayed.
• Sexual harassment policy. G.L. c. 151B, § 3A says "a new employee shall be provided such a copy at the time of his employment," meaning an individual written copy of the employer's policy.
• Pregnancy rights notice. Under c. 151B, § 4(1E), written notice of the right to be free from pregnancy discrimination and to reasonable accommodation goes to new employees at or before the start of employment, in a handbook, pamphlet or other written form.
• Lie detector statement. Every application form must carry the statement in § 19B(2)(b): "It is unlawful in Massachusetts to require or administer a lie detector test as a condition of employment or continued employment. An employer who violates this law shall be subject to criminal penalties and civil liability."

If the offer includes a non-compete, Massachusetts sets the timing: it must reach the candidate by the formal offer or 10 business days before the start date, whichever is earlier, signed by both sides and stating the right to consult counsel (G.L. c. 149, § 24L). See Massachusetts non-compete law.

How do you report a new hire in Massachusetts?

To the Department of Revenue, faster than most states require. DOR says employers "must report newly hired employees and independent contractors to us within 14 days of their first day of work." The report needs the employer's FEIN, legal name and payroll address, and the new hire's full name, mailing address, work status (employee or independent contractor), Social Security number and first day of employment; DOR will not accept a report without the SSN. Employers with 25 or more employees must file online through MassTaxConnect. Rehires after a lapse in pay of 30 days or more are reported again, and temporary agencies report each worker once at hire rather than at each new assignment.

The Massachusetts hiring steps in order

1. Before the first hire: register with DUA and put workers' compensation coverage in place. Agencies check whether they need a Department of Labor Standards license or registration.
2. Posting: include a pay range if the employer has 25 or more Massachusetts employees.
3. Application: no criminal history question on the initial form, no pay history question, and the lie detector statement printed on the form.
4. Interview: announce any recording or transcription and get everyone's yes first; avoid tools that claim to detect deception.
5. Offer: any non-compete goes out with the formal offer or 10 business days before the start date; any CORI-based question comes after the candidate has a copy of the record.
6. First day: Form I-9, W-4, Form M-4, the sexual harassment policy and the pregnancy rights notice.
7. Within 14 days of the first day of work: report the hire to DOR.
8. Within 30 days of hire: deliver the PFML notice and keep the acknowledgment.

Hiring in more than one state? The same checklist is available for Tennessee, Indiana, Maryland, Colorado, Minnesota and California.