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Restaurant new hire packet checklist for Massachusetts

The cover sheet for a new hire's file. It lists each form and notice, who completes it and when, so a busy first week does not leave a gap you find at an audit.

Free to use and edit. These are starting drafts, not legal advice: have an employment attorney review any policy before you rely on it.

The template

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Massachusetts rules

The rules that apply to this document

Quoted from our answer library, where each one links to the official source.
  • When does a new hire have to complete Form I-9?

    The employee completes and signs Section 1 no later than their first day of work for pay. The employer examines the documents and completes Section 2 within three business days of that first day, so for a Monday start, by Thursday.

    Full answer and official source
  • Do new hires need a Massachusetts withholding form as well as the W-4?

    Yes. The federal W-4 sets federal withholding and the Massachusetts Form M-4 sets state withholding. Without an M-4, state tax is withheld with no exemptions.

    Full answer and official source
  • How fast do new hires have to be reported to Massachusetts?

    Within 14 days of the start date, to the Department of Revenue, for every employer regardless of size. Rehires who were off payroll for 30 days or more, including returning seasonal staff, are reported again.

    Full answer and official source
  • What notices do new employees have to receive?

    At minimum: the Paid Family and Medical Leave notice within 30 days of hire, written notice that you carry workers' compensation, a copy of the earned sick time notice, and, if you have six or more employees, a written copy of your sexual harassment policy.

    Full answer and official source
  • How does a teen get a work permit in Massachusetts?

    Every worker under 18 needs one. The teen gets the job offer, the employer completes the Promise of Employment section of the application, a doctor completes a health certificate for anyone 15 or younger, a parent signs, and the teen takes it to the school superintendent's office.

    Full answer and official source
  • When can a Massachusetts restaurant pay the $6.75 tipped service rate?

    Only when all of these are true: you told the employee about the rule in writing, they customarily receive more than $20 a month in tips, they keep all their tips or receive them through a lawful tip pool, and the $6.75 plus their tips reaches at least $15.00 an hour. If any condition fails, you pay the full $15.00.

    Full answer and official source

Rules checked against official sources on . General information, not legal or tax advice.

Where restaurants go wrong

  • Letting the new hire fill in both sections of the I-9. Section 2 is the employer's.
  • Skipping the M-4 because the W-4 is done. They are separate forms.
  • Paying the service rate to someone who never received the written tip notice.
  • Forgetting to report a returning seasonal employee as a new hire.

Your restaurant remains the employer of record and approves payroll and employment decisions. BOHO is not a PEO, a staffing agency, or legal counsel. This template is a starting draft for you to edit. It does not decide how the rules apply to your restaurant, so have counsel review any policy or separation before you rely on it.

Want the numbers behind it? Try the restaurant calculators.

Rather have someone keep these documents current?

BOHO keeps the forms, files and policies up to date for Massachusetts restaurants, and prepares payroll for your approval each cycle. A 20-minute fit call needs no employee data.

Your restaurant remains the employer of record and approves payroll and employment decisions. BOHO is not a PEO, a staffing agency, or legal counsel.