Companies’ online recruiting should comply with other state laws

During the pandemic, both employers and employees discovered that remote work could benefit them. Allowing remote work has expanded employers’ pool of applicants nationwide. Despite the advantages of a bigger pool of candidates and cost savings, we’re beginning to see cases stemming from employers’ inadvertent violations of other states’ laws when making work available to other states’ residents. Additionally, as always, Massachusetts employers must continue to comply with all Massachusetts state laws too. Some issues that employers need to pay careful attention to are discussed in this article.

Massachusetts laws governing job applications

Massachusetts has specific laws about job applications. Employers who are legally compliant with their “paper” applications may be out of compliance when it comes to online postings. For example, Massachusetts requires employers to include statements about volunteer work on their applications. Specifically, in the work history section, employers must include language advising applicants that they may include in their work history “any verified work performed on a volunteer basis.” That language must be on the application whether the application is completed online.

And, of course, employers must comply with Massachusetts “ban the box” rules, which makes it unlawful for most employers to ask about criminal history on a job application.