MASSACHUSETTS
5)
What is included in the calculation of wage rates?
A.) Prevailing wage schedules must be requested
for each project individually. Once issued for a project, a
wage schedule applies only to that project and may not be used
for other projects.
* This information is taken off of the web-site
for the Department of Labor, Division of Occupational Safety.
The format of the web-site is informational, no Q & A, just
facts.
B.) Payments by employers to health and welfare
plans, pension plans and supplementary unemployment benefit
plans under collective bargaining agreements or understandings
between organized labor and employers shall be included for
the purpose of establishing minimum wage rates as herein provided.
* This information is taken from the Massachusetts
General Laws, Chapter 149, Section 26.
C.) The aforesaid rates of wages in the schedule of wage rates
shall include payments by employer to health and welfare plans,
pension plans and supplementary unemployment benefit plans as
provided in said section twenty-six, and such payments shall
be considered as payments to persons under this section performing
work as herein provided. Any employer engaged in the construction
of such works who does not make payments to a health and welfare
plan, a pension plan and a supplementary unemployment benefit
plan, where such payments are included in said rates of wages,
shall pay the amount of said payments directly to each employee
engaged in said construction. Whoever shall pay less than said
rate or rates of wages, including payments to health and welfare
funds and pension funds, or the equivalent payment in wages,
on said works to any person performing work within classifications
as determined by the commissioner, and whoever, for himself,
or as representative, agent or officer of another, shall take
or receive for his own use of the use of any other person, as
a rebate, refund or gratuity, or in any other guise, any part
of portion of the wages, including payments to health and welfare
funds and pension funds, or the equivalent payment in wages,
paid to any such person for work done or service rendered on
said public works, shall have violated this section and shall
be punished or shall be subject to a civil citation or order
as provided in section 27C.
* This information is taken from the Massachusetts
General Laws, Chapter 149, Section 27.
D.) An employer may deduct any contribution made
by the employer on an employee=s behalf to a bona fide pension,
health and welfare or supplemental unemployment fund. An employer
may contribute to such plans and deduct for the contribution
even if the employee does not wish to participate.
* This information can be found on the web-site
for the Office of the Attorney General, Tom Reilly, and is included
in the Q & A section.
