Massachusetts Commuting laws & HR compliance analysis

Massachusetts Commuting: What you need to know

Massachusetts does not require employers to reduce employee commuting miles, but state law encourages employers to promote ridesharing by providing a tax credit for purchasing or leasing of a company shuttle van.
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The state also encourages workers to utilize carpools and vanpools and take public transit by allowing them to park for free in commuter lots, travel in special "fast lanes," and pay for transit services with pretax dollars, all at no cost to the employer.
Massachusetts's law has set forth specific definitions pertaining to ridesharing:
Employee. An employee is an individual who performs service for an employer for more than 8 hours per week for pay or any commuting student.
Company shuttle van. A company shuttle van must:
• Be a highway vehicle that holds at least seven adults, including the driver.
• Have at least 80 percent of the mileage going towards transporting employees between their residences or public transportation facilities and place of business.
• Have the number of employees traveling on the van amount to at least one-half of the adult seating capacity of the vehicle, not including the driver (MA Gen. Laws Ch. 63 Sec. 31D).
Employer-sponsored ridesharing incentive program. An employer-sponsored ridesharing incentive program is designed to encourage or provide fiscal or other incentives to an employee to make the home to work commute trip by any mode other than the single occupant motor vehicle.
Ridesharing. Ridesharing is travel by any mode other than the single occupant motor vehicle, including, but not limited to, carpooling, vanpooling, public or private buspooling, subscription taxipooling, and public transit.
Third-party vanpool. A third-party vanpool is a ...

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