HR Alert

Massachusetts: Transportation Network Companies Must Conduct Background Checks

Law Contains Additional Requirements

A new law in Massachusetts requires that (among other things) transportation network companies conduct background checks.

Background
A "transportation network company" is a corporation, partnership, sole proprietorship, or other entity that uses a digital network to connect riders to drivers to pre-arrange and provide transportation.

New Law
Highlights of the law include the following:

  • Verification. A transportation network company may not issue a transportation network driver certificate to a driver applicant unless the transportation network company has verified that the driver has received a background check clearance certificate from the state.
  • Minimum Driver Requirements. At a minimum (and subject to such other requirements as may be established by regulation), a transportation network company may only issue a transportation network driver certificate to a driver who, among other things (section: (4b)):
    Is at least 21 years of age;
  • Is determined to be suitable to perform transportation network services (under provisions discussed below);
  • Has not had a conviction in the past 7 years for certain offenses; and
  • Does not appear on the National Sex Offender Registry.
    Background Check. Prior to providing transportation network services, a driver applicant must be subject to a 2-part background check process to determine if the driver applicant is suitable. The transportation network company must:
  • Verification. A transportation network company may not issue a transportation network driver certificate to a driver applicant unless the transportation network company has verified that the driver has received a background check clearance certificate from the state.
  • Minimum Driver Requirements. At a minimum (and subject to such other requirements as may be established by regulation), a transportation network company may only issue a transportation network driver certificate to a driver who, among other things (section: (4b)):
    Is at least 21 years of age;
  • Is determined to be suitable to perform transportation network services (under provisions discussed below);
  • Has not had a conviction in the past 7 years for certain offenses; and
  • Does not appear on the National Sex Offender Registry.
    Employer Requirements. Not less than 2 times per year, the transportation network company must conduct a background check (under the first sub-bullet above) and must immediately remove a driver from its digital network if the driver is found not suitable under the suitability standards to be determined in regulations.
    Suspension of Driver. The transportation network company must immediately suspend a transportation network driver's certificate--and notify the state of the suspension--upon learning of and verifying a driver's arrest for a crime or a driver's citation for a driving infraction that would render the driver unsuitable to provide transportation network services.
The law contains additional details and requirements. Click here to read the text of the law. The law is currently in effect.

Close
Login to HRSPI Client Portal
Username:
Password:
Forgotten PasswordForgot Password
Executive Search Executive Search

Harrassment Prevention

HRSPI offers comprehensive, interactive, AB1825-Compliant training. Programs include introduction to recent anti-bullying legislation.

Latest News

  • California Bans the Box

    AB 1008 will prohibit most public and private employers from asking applicants about criminal conviction histories until after a conditional offer of employment has been made.

    <read more>

News Archives

Latest Blog

Blog Archives