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The Massachusetts Division of Unemployment assistance continues
to audit Massachusetts employers, making sure that anyone doing
business in Massachusetts is either meeting the requirements of the
Fair Share Law or paying the appropriate
penalty ($73.75 per employee per quarter).
Employers who are unhappy with the outcome of these audits have
the option to appeal to the DUA's hearing office. The
hearing office has established its own procedural rules which
continue to evolve. Of note, the DUA's hearing office is now
requiring companies to produce all documentary evidence to the
hearing office 14 days in advance of the
hearing. In our experience, these hearings are
very document-intensive, and preparation and organization take
longer than most companies expect. In addition, the DUA
typically gives only 4 weeks advance notice of a hearing, and
postponements are not guaranteed. Now more than ever,
companies that hope for good outcomes at these hearings need to
start preparing well before a hearing date has been set.
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