All resourcesAsk HR AI · Massachusetts

Massachusetts HR guidance for practitioners.

Pick a topic below to see the federal rule, the MA statute, and the practitioner steps Ask HR AI walks you through in a session.

Massachusetts at a glance

  • Report lookback: 5 years misdemeanor / 10 years felony (M.G.L. c. 6 §172). Massachusetts caps misdemeanor reporting at five years and felony reporting at ten years from disposition or release.
  • Ban-the-box: Statewide (CORI reform; M.G.L. c. 151B §4). Employers may not ask about criminal history on the initial application and may not consider arrests not leading to conviction or first-conviction misdemeanors for several enumerated offenses.
  • Salary history: Banned (M.G.L. c. 149 §105A). Employers may not seek wage-history information. Effective 2025, employers with 25+ workers must disclose pay range in postings.
  • Cannabis: Recreational legal; medical accommodation required. Barbuto v. Advantage Sales (2017) recognized a reasonable-accommodation duty for medical-cannabis patients absent undue hardship.

Massachusetts topics

FCRA adverse action in Massachusetts

The two-step FCRA adverse action process: pre-adverse notice with a copy of the report and Summary of Rights, a reasonable waiting period, and the final adverse action notice.

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Ban-the-Box and Fair Chance hiring in Massachusetts

When employers may ask about criminal history, individualized assessment requirements, and the state and city ordinances that add rules on top of federal EEOC guidance.

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Wage and hour in Massachusetts

FLSA exempt vs non-exempt classification, overtime rules, meal and rest breaks, off-the-clock work, and state daily-overtime rules that overlay the federal floor.

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Leaves and accommodations in Massachusetts

Coordinating FMLA, ADA reasonable accommodation, workers' comp, pregnancy accommodation, and state paid family and medical leave programs.

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Drug testing and marijuana in Massachusetts

Pre-employment, reasonable-suspicion, and post-accident drug testing across states with off-duty cannabis protections and safety-sensitive carve-outs.

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Pay transparency and pay equity in Massachusetts

State and city pay range disclosure laws, pay equity analyses, and how to respond to an applicant's compensation question.

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Harassment prevention and training in Massachusetts

Mandatory sexual harassment training in CA, NY, IL, CT, DE, ME, WA — plus prevention policies, complaint channels, and Faragher/Ellerth defenses.

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Background check basics for HR in Massachusetts

What a compliant employment background check includes, FCRA disclosure and authorization, and how to interpret common report components.

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Related SafestHires resources for Massachusetts