Prevailing Wage Law in Massachusetts: What Are Prevailing Wages?
The purpose of the Massachusetts Prevailing Wage Law (G.L. c. 149, §§ 26-27H) (“Prevailing Wage Law”) is to provide a “level playing field” for bidders on public construction and other public works projects. In furtherance of its intention to level the playing field for contractors and subcontractors bidding on public construction projects, the Prevailing Wage Law provides special treatment to employees working on public construction and public works projects in Massachusetts. These employees are entitled to be paid a minimum hourly wage. The failure to pay in accordance with prevailing wage rates on a project exposes a company and its president, officers and agents to potential civil and criminal liability.1 See Section V, infra. Prevailing wage rates are established by the Department of Labor Standards (“DLS”), a Division of the Massachusetts Department of Labor. A publication by the DLS regarding prevailing wage rates and classifications entitled Topical Outline of Massachusetts Prevailing Wage Law dated May 23, 2014(“DLS Topical Outline”) has been provided at the end of these materials.
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