On March 26, 2014, amendments made to the state prevailing wage law, M.G.L. c. 149, sec. 27B, affect the certified payroll records that contractors and subcontractors must submit to an awarding authority. Effective June 24, 2014, contractors and subcontractors must submit weekly payroll records: (1) by first class mail, or (2) by electronic mail. Furthermore, every weekly submittal of payroll records must contain a signed statement by the employer that indicates (1) that the records are correct, and (2) the rate of wages that each worker receives.
In an effort to aid contractor compliance, DLS has updated its model Weekly Payroll Records Report & Statement of Compliance, as well as its Weekly Certified Payroll Report Form, both of which can be found at www.mass.gov/dols/pw.
Below is M.G.L. s. 149, sec. 27B showing the amended language which becomes effective June 24, 2014:
“Section 27B. Every contractor, subcontractor or public body engaged in said public works project by an agency, executive office, department, board, commission, bureau, division or authority of the commonwealth or county, or municipality or any subdivision thereof to which sections twenty-seven and twenty-seven A apply shall keep a true and accurate record of all mechanics and apprentices, teamsters, chauffeurs and laborers employed thereon, showing the name, address and occupational classification of each such employee on said works, and the hours worked by, and the wages paid to, each such employee, and shall submit weekly to the awarding authority by mail, first class postage prepaid, or by electronic mail, certified payroll records that shall consist of a complete copy of those records accompanied by a statement signed by the employer that indicates (1) the records are correct; and (2) the rate of wages paid to each performing the work of mechanic, apprentice, teamsters, chauffeurs, and laborers, and shall promptly furnish to the attorney general or his representative, upon his request, a copy of said record, signed by the employer or his authorized agent under the penalties of perjury. For every week in which an apprentice is employed by a contractor, subcontractor or public body subject to this section, a photocopy of the apprentice’s apprentice identification card, issued pursuant to section 11W of chapter 23, shall be attached to the records submitted under this section. Such records shall be open to inspection by any authorized representative of the department at any reasonable time, and as often as may be necessary. Every contractor and subcontractor required to keep such a record shall submit a copy of said record to the awarding authority directly on a weekly basis.
Two New Opinion Letters Posted to DLS Website
- One letter addresses the proper occupational classification for tree trimming, tree removal and other associated tree work.
- The other letter addresses the Construction Management at Risk project anniversary dates.