Prevailing Wage Law

Prevailing Wage Law (M.G.L.c. 149, ss. 26 - 27H)

In regard to employment on public works projects in the Commonwealth, preference is first given to service-disabled veterans who have been residents of the Commonwealth for six months, then veterans generally who have been residents of the Commonweath for six months, then citizens generally who have been residents of the Commonwealth for six months and then to citizens of the United States. (M.G.L.c. 149, s. 26))

Employees working on public construction projects must be paid the wage rates, including payments to health and welfare plans, pension plans and supplementary unemployment benefit plans, or the equivalent payment in wages, as set by the Commissioner of Labor and Industries. (M.G.L.c. 149, s. 27)

An employer who willfully violates this statute may be punished for a first offense by a fine of not more than $25,000, or by imprisonment for not more than one year, or both, and for a subsequent willful offense a fine of not more than $50,000, or by imprisonment for not more than two years, or both. An employer who without willful intent violates this statute may be punished for a first offense by a fine of not more than $10,000 or by imprisonment for not more than six months. (M.G.L.c. 149, s. 27C)

Employers required to pay their employees an hourly wage equal to the prevailing wage must provide overtime compensation based upon that figure. Mullally v. Waste Management of Massachusetts, Inc., 452 Mass. 526, 533 (2008)

Employees who believe their employer has violated this law can file an online complaint under "Prevailing Wage" with the Massachusetts Attorney General.

An employee claiming to be aggrieved by a violation of this statute may 90 days after filing a complaint with the Attorney General, or sooner if the Attorney General assents in writing, and within 3 years after the violation prosecute on his own behalf and for others similarly situated a civil action. An employee who prevails will be awarded treble damages, as liquidated damages for any lost wages and other benefits, plus the costs of the litigation and reasonable attorney's fees. (M.G.L.c. 149, s. 27F)

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