Guide Massachusetts law about prevailing wage

A compilation of laws, regulations, cases and web sources on prevailing wage law.

Massachusetts laws

MGL c.149, s.26 Public Works, wages
MGL c.149, s.27 Classification, Schedule of Wages. The Prevailing Wage Law
MGL c.149, s.27A Appeals from classification
MGL c.149, s.27B Records
MGL c.149, s.27C Penalties

Forms

Prevailing Wage Complaint Form , Massachusetts Attorney General.

Request for Prevailing Wage Rates, Department of Labor Standards. 

Selected case law

Lighthouse Masonry, Inc. v. Div. of Admin. Law Appeals , 466 Mass. 692 (2013).
The prevailing wage law is a strict liability statute. Liability is imposed even where a contractor or subcontractor has no intent to violate the law. “Under a strict liability scheme, an employer's reason for the violation is irrelevant; the fact of violation is sufficient for a penalty to issue.”

Web sources

Frequently Asked Questions About the Massachusetts Prevailing Wage Laws , Foundation for Fair Contracting of Massachusetts

Prevailing Wage Program, Mass. Division of Occupational Safety
"The Division of Occupational Safety issues prevailing wage schedules to cities, towns, counties, districts, authorities, and agencies of the commonwealth for construction projects and several other types of public work. These prevailing wage schedules contain hourly wage rates that workers must receive when working on a public project."

Prevailing Wage Topical Index, Mass. Division of Occupational Safety, September 2014
This 55-page guide presents the "appropriate occupational classification for various tasks performed on a work site"

Labor and Employment in Massachusetts , Lexis, loose-leaf

Mass. Construction Law and Litigation , MCLE, Section 2.7 Prevailing wage

Mass. Practice v.57, Construction Law , Section 10:129 Prevailing wage

Wages and Hours: Law and Practice , Matthew Bender, loose-leaf

Last update: January 22, 2018

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