Prevailing wage program, Mass. Dept. of Labor Standards
"The Department of Labor Standards (DLS) issues prevailing wage information for construction projects and other types of public work. These prevailing wage schedules contain hourly wage rates that workers must receive when working on a public project." Includes information on the prevailing wage law for contractors and workers, with forms, opinion letters and much more.
File a prevailing wage complaint, Massachusetts Attorney General.
Instructions and link to file a complaint online.
Request an example prevailing wage, Department of Labor Standards
Request for prevailing wage rates, Department of Labor Standards
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Selected case law
Donis v. American Waste Services, LLC, 95 Mass. App. Ct. 317 (2019)
A contractor can be held liable under the prevailing wage statute even where "the awarding authority failed to obtain a wage rate schedule concurrently with execution of the contract." Also, employers must comply with recordkeeping requirements if they want to rely on the "day-rate" method of calculation.
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.”
Frequently asked questions about the Massachusetts prevailing wage laws, Foundation for Fair Contracting of Massachusetts
Prevailing wage topical outline, Mass. Dept. of Labor Standards, July 2018
This 59-page guide presents the "appropriate occupational classification for various tasks performed on a work site"
|Last updated:||July 24, 2019|