OIG Bulletin, February 2021: Pointers for Prevailing Wage Law Compliance

Submitted by Heather Rowe, Chief of Investigations, Fair Labor Division, Office of the Attorney General

Table of Contents

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Timely Reminders

As procurement staff begin to prepare bid packages for the upcoming construction season, here are some timely reminders about compliance with the prevailing wage laws covering public construction:

  • There is no dollar threshold for the applicability of prevailing wage laws.
  • Request official prevailing wage rate schedules from the Department of Labor Standards (DLS) before bids or quotes are solicited.
  • Provide wage rate schedules to all bidders or persons providing price quotes.
  • Include the wage rate schedule in the contract once a contractor has been selected.
  • Confirm that no contractor with whom you are about to engage is debarred from public work. Check the Attorney General’s debarment list.
  • Provide annual updates of the prevailing wage rate schedule to your contractors if you have a multi-year construction project.
  • Monitor the contractors’ compliance with the prevailing wage laws.
  • Weekly certified payroll records (CPR) must be collected by awarding authorities from all contractors and subcontractors and kept on file for three years from the date of completion of the contract.
  • When reviewing CPR submissions, awarding authority staff should:
    • see a copy of the apprentice’s ID card on every CPR that lists workers being paid apprentice wage rates;
    • see documentation of employees’ completion of the OSHA 10 training; and
    • receive a final statement of compliance within 15 days of the completion of the contractor or subcontractor’s work.
  • Call the Attorney General’s Fair Labor Division at (617) 727-3465, if contractors fail to comply with CPR submission or if you believe a contractor is not paying the prevailing wage rates.

Contact

Phone

Fair Labor Hotline (617) 727-3465

Monday-Friday, 10 a.m.-4 p.m.

Monday-Friday, 10 a.m.-4 p.m.

Date published: February 25, 2021
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