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Massachusetts

1. When is the prevailing wage rate used?
2. What is the definition of a public works or related projects?
3. Are there project monetary thresholds?
4. Are any types of projects specifically exempted?
5. What is included in the calculation of wage rates?
6. Who calculates the prevailing wage rates?
7. Enforcement: what are the penalties for violations? Criminal or fines?
8. Can contractors be debarred?
9. Are there posting requirements?
10. Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
11. Record Maintenance?
12. Are there any provisions which discuss apprentices?

 

When is the prevailing wage rate used?
No information at this time

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What is the definition of a public works or related projects?
A) Construction work including additions and alterations to public buildings or structures, soil explorations, test borings, and demolition.

B) Operating equipment engaged in public works by lease, rental, or other arrangement.

C) Moving office furniture.

D) Cleaning state office buildings.

E) Providing certain printing services to the state.

F) Transporting pupils to public schools in towns with a population greater than 16,000.

G) Working as a maintenance employee, architect, technical engineer, draftsman, technician, laborer or mechanic for a public housing authority.

* 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.

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Are there project monetary thresholds?
No. The prevailing wage rate applies to all public construction contracts, regardless of the estimated price of the project. Federally funded projects are governed by the Federal Davis-Bacon Act.

* 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.

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Are any types of projects specifically exempted?
The Massachusetts prevailing wage laws require that employees on public works projects, except those who perform strictly supervisory functions, be paid a minimum hourly rate set by the Department of Labor and Workforce Development, Division of Occupational Safety (DOS).

* This information can be found on the web-site for the Office of the Attorney General, Tom Reilly. This particular paragraph is in the introductory paragraph, before the Q & A section.

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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.

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Who calculates the prevailing wage rates?
A) Permanent and temporary laborers employed by the state department of highways and by the metropolitan district commission shall receive such salary or compensation as may be fixed under and in accordance with sections forty-five to fifty inclusive of chapter thirty.

* This information is taken from the Massachusetts General Laws, Chapter 149, Section 26.

B) Prevailing wage rates are set by DOS based upon the rates established in local collective bargaining contracts. DOS also determines whether the prevailing wage applies to a given public works project.

* This information is taken from the web-site for the Office of the Massachusetts Attorney General, Tom Reilly. This particular section is included in the introductory paragraph, which is before the Q & A section.

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Enforcement: what are the penalties for violations? Criminal or fines?
When an investigation by the attorney general's office reveals that a contractor or subcontractor has violated this section by failing to pay 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, or that a contractor or subcontractor has, for himself, or as representative, agent or officer of another, taken or received for his own use or the use of any other person, as a rebate, refund or gratuity, or in any other guise, any 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, the attorney general may, upon written notice to the contractor or subcontractor and the sureties of the contractor or subcontractor, and after a hearing thereon, order work halted on the part of the contract on which such wage violations occurred, until the defaulting contractor or subcontractor has filed with the attorney general's office a bond in the amount of such penal sum as the attorney general shall determine, conditioned upon payment of 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.

*This information is taken from the Massachusetts General Laws, Chapter 149, Section 27.

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Can contractors be debarred?
A) Debarment may be imposed for the following causes; but, debarment shall be imposed in all causes where debarment is required by law:

  • conviction or final adjudication by a court or administrative agency of competent jurisdiction of any of the following offenses:
    • a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
    • a criminal offense involving embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which seriously and directly affects the contractor's present responsibility as a public contractor;
    • a violation of state or federal antitrust laws arising out of the submission of bids or proposals;
    • a violation of state or federal laws regulating campaign contributions;
    • a violation of chapter two hundred and sixty-eight A;
    • a violation of any state or federal law regulating hours of labor, prevailing wages, minimum wages, overtime pay, equal pay, child labor, or worker's compensation;
    • a violation of any state or federal law prohibiting discrimination in employment; or
    • repeated or aggravated violation of any state or federal law regulating labor relations or occupational health or safety; or
    • repeated or aggravated violation of any state or federal law protecting the environment; or
  • substantial evidence, as determined by a secretary or the commissioner, of any of the following acts:
    • willfully supplying materially false information incident to obtaining or attempting to obtain or performing any public contract or subcontract;
    • willful failure to comply with record-keeping and accounting requirements prescribed by law or regulation;
    • a record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more public contracts, provided that such failure to perform or unsatisfactory performance has occurred within a reasonable period of time preceding the determination to debar and provided further that such failure to perform or unsatisfactory performance was not caused by factors beyond the contractor's control;
    • a record of health and safety or environmental violations of a sufficient frequency and severity so as to evidence a pattern of noncompliance with existing state and federal laws, or any rules and regulations applicable thereto;
    • any other cause affecting the responsibility of a contractor which the secretary or the commissioner determines to be of such serious and compelling nature as to warrant debarment. Notwithstanding any other provision of this section, any contractor debarred or suspended by any agency of the United States shall by reason of such debarment or suspension be simultaneously debarred or suspended under this section, with respect to non-federally aided contracts; the secretary or the commissioner may determine in writing that special circumstances exist which justify contracting with the affected contractor. The secretary or the commissioner shall give written notice to the secretary of administration of any such determination.

* This information is taken from the Massachusetts General Law, Chapter 29, Section F.
* We will need to pay close attention to this section, as it is not clear whether these specific violations actually pertain to the prevailing wage laws.

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Are there posting requirements?
Any person engage in the construction of said works shall cause a legible copy of said schedule to be kept posted in a conspicuous place at the site of said works during the life of the contract.

* 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.

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Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
This information is not specified.

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Record Maintenance?
All contractors and sub-contractors are required to file certified payroll records directly with the awarding authority on a weekly basis. These records must contain accurate information detailing each employee=s name, address, occupational classification, hours worked and wages paid. The records must be certified and signed by the contractor or agent under the pains and penalties of perjury. All contractors and sub-contractors must submit the records directly to the awarding authority every week.

* 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.

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Are there any provisions which discuss apprentices?
Yes, if the contractor is participating in an apprenticeship program which is approved by the Division of Apprenticeship Training, and the apprentices are registered with the Division. The maximum ratio of apprentices to journeymen is supplied by the Department of Labor and Workforce Development when the prevailing wage rates are issues. Questions about apprenticeship programs should be directed to the Division of Apprentice Training, (617) 626-5409.

* 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.

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References
This information is taken from the Massachusetts General Law, Chapter 29, Section F