Your May HR Compliance Checklist
News April 23, 2025
As we head into the summer season, now is the perfect time for Massachusetts employers to review key compliance updates. Whether you’re planning to hire minors, navigating recent changes to Form I-9 and E-Verify, or simply looking to stay current on state employment laws, we’ve got you covered. In this roundup, we break down the latest legal updates and point you to resources to help you stay compliant and confident.
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Hiring Minors This Summer?
Many employers may consider hiring minors for the summer as the school year winds down. We’re sharing an updated version of our previous article on child labor to provide all the key information in one place.
Understanding Child Labor Laws in Massachusetts
While it is unclear what steps, if any, the new administration may take regarding child labor, Massachusetts child labor laws are generally stricter than federal regulations. Additionally, employers should review the companion article on seasonal designation, which explains the requirements a company must meet to operate during the summer without being required to contribute to unemployment insurance for employees explicitly hired for seasonal positions.
Although child labor laws have remained unchanged in recent years, employers looking to hire minors should take a moment to review the key provisions.
Key Considerations When Hiring Minors
Confirming that a person is over or under 18 years of age is the one age-related question an employer may ask on the application to ensure that the employer understands what child labor obligations it must comply with. For any employer thinking about hiring children between the ages of 14 and 17, there are several things you should be aware of. State and federal law set out several explicit provisions regarding the hours children may work and the positions and duties they may hold. Also, remember that the law categorizes minors into two age groups, 14–15-year-olds and 16–17-year-olds, recognizing that children in the older group are capable of performing more complex/responsible workplace duties. The remainder of this article highlights the details of the child labor laws and the hiring process.
Employer Responsibilities When Hiring Minors: Compliance & Documentation
The employer must:
- keep the original permit on file at the place of employment while the minor is employed at that location or
- until the minor reaches 18.
If the minor’s employment is terminated, voluntarily or otherwise, the employer must:
- return the permit to the superintendent’s office within two days of the termination.
Permits are valid while the minor holds the job or until he/she reaches the age of 18. After that, the minor no longer needs such documentation, and the permit and copies may be destroyed.
Although you may hire only high school graduates, remember that some may still be under 18 and therefore subject to the child labor laws. The law states clearly that minors who are no longer students are covered by the child labor laws in the same way that students of the same age are covered until the age of 18.
To learn about permits, occupation restrictions, and more, please visit the AIM Blog here (AIM membership required). Need assistance? Contact us at HRInfo@AIMHRSolutions.com.
Form I-9 and E-Verify Updates
U.S. Citizenship and Immigration Services has made minor changes to Form I‑9, Employment Eligibility Verification, to align with statutory language, and updated the DHS Privacy Notice. Key updates include:
- Renaming the fourth checkbox in Section 1 to “An alien authorized to work”
- Revising the descriptions of two List B documents in the Lists of Acceptable Documents
- Adding appropriate statutory language and a revised DHS Privacy Notice to the instructions
Starting April 3, 2025, E‑Verify and E‑Verify+ will have updated the Citizenship Status selection during case creation to reflect this statutory language. The selection “A noncitizen authorized to work” will be updated to “An alien authorized to work.”
Employers should note:
- If an employee attests on Form I‑9 as “A noncitizen authorized to work,” the employer must select “An alien authorized to work” in E‑Verify.
- E‑Verify cases will display “An alien authorized to work,” while employees and employers may continue to see “A noncitizen authorized to work” on Form I‑9, depending on the form edition being used.
- E‑Verify+ participants will see the updated 01/20/25 edition date and 05/31/2027 expiration date reflected in Form I‑9NG.
Additionally, E‑Verify users creating cases through Web Services applications will see the employee status attestation automatically updated to “An alien authorized to work”—even if the WS application submits “A noncitizen authorized to work” if the employee selected citizenship status number four on Form I‑9.
This change does not affect the current Interface Control Agreement (ICA) version 31.1, which already provides the necessary guidance for Web Services developers. WS developers should update their platforms to transmit “An alien authorized to work” instead of “A noncitizen authorized to work” as soon as possible. Click here to read the full guidance.
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