Section 62A. (a) The division of unemployment assistance shall provide a minimum level of in-person assistance at the following regional offices: Worcester, Milford, Dudley, Springfield, Gardner, Greenfield, Pittsfield, North Adams, New Bedford, Northampton, Taunton, Brockton, Boston, Lawrence and Framingham.
The department shall conduct at least 1 public hearing each year to seek the input of employers in the commonwealth. The hearing shall be held at a time and location designated to maximize employer participation. Not fewer than 20 days prior to a public hearing the commissioner shall conspicuously post notice of the time and location of the hearing on the official website of the department and send notice, electronically or otherwise, to: members of the general court; every employer with an account with the department; the Massachusetts Chamber of Commerce, Inc., the Greater Boston Chamber of Commerce; the Massachusetts Taxpayers Association, Associated Industries of Massachusetts, Inc.; and the National Federation of Independent Business.
(b) In addition to such access by telephone to offices of the division, the deputy director shall maintain walk-in service, including the provision of general information, application assistance, claims information and orientation.
(c) The division shall provide an orientation to individuals who have applied for unemployment compensation within 15 days from the date upon which said application was made. At the orientation the claimant shall be informed of the determination process, eligibility criteria and requirements, including those mandated by worker profiling, and the address and telephone number to report to for division services. The division shall also provide claimants with information relative to the medical security plan and training benefit extensions established pursuant to section 30. The orientation may be provided through multilingual audio-visual methods, but the claimant shall have the opportunity for face-to-face interaction with division staff.
(d) The deputy director shall take any such actions as may be necessary to ensure that any notice to an individual issued by the division:
(i) is written in simple and clear language;
(ii) includes the address and telephone number of the regional office of the division which serves the recipient and the statewide toll free telephone number; and
(iii) that not later that January 1, 1998 the division shall issue all notices and materials explaining the provisions of this section in English, Spanish, Chinese, Haitian Creole, Italian, Portuguese, Vietnamese, Laotian, Khmer, Russian and any other language that is the primary language of at least 10,000 or .5 of 1% of all residents of the commonwealth. If the division fails to issue a bilingual notice in the claimant's primary language and such omission results in the claimant's failure to meet a deadline or requirement, the division's omission shall constitute good cause for the claimant's failure.
[There is no subsection (e).]
(f) A claimant shall be deemed to have initiated a claim for unemployment compensation benefits on the first day that the claimant contacts or attempts to contact the division, whether or not such employee is able to speak with a division representative at the time.
(g) Each employer shall post at each site operated by the employer, in a conspicuous place, accessible to employees, the following information: the name and mailing address of the employer, the identification number assigned to the employer by said division, instructions on how to file a claim for unemployment compensation, the address and telephone number of the regional office of said division located nearest the work site, and the telephone number of the teleclaim information line. Each failure to post the information described herein shall result in a written warning by said division to the employer for a first violation, and thereafter shall result in the assessment of a civil fine of $100 for a second violation, $250 for a third violation, and $500 for a fourth and subsequent violations. Said division shall collect all fines assessed for violations of this subsection for deposit into the General Fund.
Each employer shall issue to every separated employee, as soon as practicable, but not to exceed 30 days from the last day said employee performed compensable work, written information furnished or approved by said division which shall contain the name and mailing address of the employer, the identification number assigned to the employer by said division, instructions on how to file a claim for unemployment compensation, the address and telephone number of the regional office which serves the recipient, and the telephone number of the teleclaim information line. Delivery is made when an employer provides such information to an employee in person or by mail to the employee's last known address. The waiting period under section 23 for an employee who did not receive the information required by this paragraph and who failed to file timely for benefits, shall be the Sunday of the initial week such employee would have been eligible to receive unemployment compensation. Each employer shall have the burden of demonstrating compliance with the provisions required herein.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XXI - Labor and Industries
Chapter 151a - Unemployment Insurance
Section 2 - Service Deemed ''employment''; Exclusions
Section 3 - Service Within and Without Commonwealth Included in ''employment''
Section 4a - Service Included in Employment; American Employer; State
Section 6 - Service Not Included in ''employment''
Section 6a - Other Service Not Included in ''employment''
Section 8 - Employing Units Subject to Statute
Section 8a - Other Employing Units Subject to Statute
Section 8b - Domestic Service and Agricultural Labor; Employer
Section 8c - Crew Leaders; Definition; Employees of Crew Leaders
Section 9 - Individuals Employed by Unit in Several Places
Section 11 - Ceasing to Be Subject to Statute on Application
Section 12 - Determination Whether Employer Within Statute; Review; Double Costs; Reconsideration
Section 14a - Nonprofit Organizations and Governmental Employers
Section 14b - Liability for Payments; Credits; Adjustments
Section 14c - Contributions by Governmental Employers; Rated Governmental Employers
Section 14e - Economic Development Fund
Section 14f - Unemployment Trust Fund; Report Concerning Fund Average and Actual Balance
Section 14j.5 - Excise Paid on Employee Wages
Section 14k - Federal Loan Interest Fund
Section 14l - Work Force Training Contribution Paid by Employers
Section 14m - Benefits Paid to Employees of Indian Tribes
Section 14n - Assignment of Contribution Rates and Transfer of Accounts
Section 14o - Fraud Penalty Fund
Section 14p - Registration of Employers; Reporting of Employee Information
Section 15a - Collection of Payments; Levy Upon Depositary Accounts; Liability of Depositaries
Section 17 - Priority of Claims
Section 19 - Final Payment to Foreign Corporations or Non-Residents; Certificate
Section 20 - Compromise With Employers; Statement of Commissioner Filed
Section 21 - Deductions From Income Returnable for Taxation
Section 22 - Payment of Benefits in General
Section 23 - Payment of Benefits; Waiting Period
Section 24 - Eligibility for Benefits
Section 24a - Seasonal Employment
Section 25 - Disqualification for Benefits
Section 26 - Unemployment Benefits Received or Sought Under Laws of Another State or United States
Section 28 - Wages Not Included in Determination of Eligibility for Benefits
Section 29b - Child Support Obligations; Disclosure; Deductions
Section 29d - Worksharing Program; Application and Approval of Worksharing Plan; Benefits
Section 29e - Notification to Claimants; Tax Liability and Withholding
Section 29f - Uncollected Overissuance of Food Stamp Coupons; Disclosure; Deductions
Section 30a - Extended Benefits Program
Section 31 - Benefits in a Subsequent Benefit Year
Section 40 - Application for Review
Section 41 - Review by Board; Procedures; Findings of Fact; Decision; Judicial Review
Section 42 - Judicial Review; Procedures; Appeals; Rules
Section 42a - Commissioner Represented by Attorney General or Designated Attorney
Section 42b - Modification or Reversal of Decision; Recovery of Payments
Section 45 - Records and Reports of Employing Units; Verification
Section 47 - False Statements or Misrepresentations; Punishment; Evidence; Restitution
Section 47a - Utterance or Delivery of Insufficient Funds Check With Intent to Defraud; Punishment
Section 51 - Requisition From Trust Fund; Transfer to Commissioner
Section 53 - Unclaimed Balance in Benefit Account
Section 53a - Unemployment Trust Fund; Money Credited to Commonwealth's Account; Use; Records
Section 54 - Depositaries; Insurance Charge; Commingling Funds
Section 55 - Bond of Commissioner; Premiums Paid From Administrative Account
Section 57 - Requisitions From State Trust Fund; Investment Board; Deposits; Investments; Assistance
Section 58 - Employment Security Administration Account; Monies Received; Disposition
Section 58a - Contingent Fund; Establishment; Composition; Expenditures; Transfer
Section 59 - Liability on State Treasurer's Bond
Section 60 - Federal Moneys Allotted to Commonwealth Paid Into Accounts
Section 62 - State Advisory Council; Duties, Powers and Reports
Section 64a - List of Employers Qualified for Exemption Under Sec. 5i of Chapter 59; Confidentiality
Section 67 - Estimate of Liability of Employer Failing to Make Report or Return; Collection
Section 68 - Payment of Benefits Due a Deceased or Mentally Incapacitated Person
Section 69a - Charging Off Uncollectible Amounts
Section 69b - Set-Off Against Refunds; Notice; Review
Section 70 - Extent of Application of Rulings
Section 71 - Reconsideration of Determinations; Limitations; Notice; Appeals
Section 71a - Definitions Applicable to Secs. 71b to 71g
Section 71b - Closing of Facility; Report; Certification; Notice; Hearing; Appeal
Section 71d - Reemployment Assistance Program
Section 71e - Reemployment Assistance Fund; Health Insurance Benefits Fund
Section 71f - Eligibility for Reemployment Assistance Benefits
Section 71g - Eligibility for Health Insurance Benefits
Section 71h - Plant Closing Employers; Bills for Reemployment Assistance Benefits
Section 72 - Jurisdiction of Action to Enforce Statute; Entry Fee in Actions and Proceedings