Work & The Law

Massachusetts Prevailing Wage Act Is Not Preempted By Federal Law

The Massachusetts Supreme Judicial Court has ruled that the state prevailing wage statutes are not preempted by federal railway law and lowers the pleadings threshold for employees pursuing unpaid prevailing wage claims. Massachusetts Supreme Judicial Court SUMMARY: (court decision – opens in PDF) “Because the defendants’ argument is unsupported by the plain language of the ICCTA, and because the argument

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Massachusetts Prevailing Wage: What You Need to Know

The term “prevailing wage” refers to the minimum hourly wage rate that must be paid to workers on public works projects in Massachusetts. The prevailing wage is determined by the Massachusetts Department of Labor and Workforce Development and is based on the prevailing wage rate for similar work in the same geographic area. Who is Affected by Prevailing Wage Laws?

Read More »

Massachusetts Department of Labor Standards updates Prevailing Wage Topical Outline

On December 7, 2022, the Massachusetts Department of Labor Standards issued an update to its Topical Outline of Massachusetts Prevailing Wage Law. This outline provides guidance on all issues related to compliance with the Massachusetts prevailing wage law, including detailed opinion letters on the type of work covered by various occupational classifications. These occupational classifications include, but are not limited

Read More »

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

The Massachusetts Appeals Court has held that where a trash collection company entered into a five-year contract with a Massachusetts municipality, the company was obligated to pay the employees the higher prevailing wage for the final three years of the contract even though the original prevailing wage schedule did not contain rates for those years. United States District Court District

Read More »

Massachusetts Prevailing Wage Law Primer

The Massachusetts Prevailing Wage Law establishes minimum wage rates for workers on public construction and non-construction projects throughout the Commonwealth of Massachusetts. The Massachusetts Department of Labor Standards (DLS) is the state administrative agency that is responsible for issuing prevailing wage rates and routinely provides guidance and interpretation on all issues related to the law. Before obtaining bids for any

Read More »

Unpaid Prevailing Wages: Lawsuit Filed Against Utility Metering Solutions

On November 23, 2016 Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Xtralight Manufacturing, Ltd. d/b/a Utility Metering Solutions (“UMS”) for unpaid prevailing wages, overtime wages and unreimbursed transportation expenses. On December 2, 2016, 25 additional UMS employees were added to the lawsuit as named-plaintiffs who also allege that they have not been paid

Read More »

Construction Worker’s Right to a Prevailing Wage

The Department of Labor Standards (“DLS”) creates an extensive list of job classifications and their corresponding rate of wages. An awarding authority, such as a municipality, who begins a public works projects submits to the Director of DLS a list of jobs to be employed on the project. Typically these jobs fit neatly into a job classification. Nonetheless, workers often

Read More »

Keeping Overtime Pay in Compliance with the Prevailing Wage Law

Employers often create complicated payroll formulas to calculate overtime pay for employees who work under public work contracts to comply with Massachusetts’ prevailing wage law. The prevailing wage law (M.G.L. c. 149, § 26-27) governs public works contracts in Massachusetts and mandates a wage rate established by the director of the Massachusetts Department of Labor, the “prevailing wage,” which must

Read More »

Not Paid Your Prevailing Wages, Even By Mistake?

Has your employer failed it pay you the prevailing wage rate that you are owed? Was it even by mistake that they failed to pay you? In a recent decision by the Massachusetts Supreme Judicial Court, the Court stated that it is irrelevant whether or not your employer intended to not pay you the prevailing wage rate that you are

Read More »

Massachusetts Prevailing Wage Act Is Not Preempted By Federal Law

The Massachusetts Supreme Judicial Court has ruled that the state prevailing wage statutes are not preempted by federal railway law and lowers the pleadings threshold for employees pursuing unpaid prevailing wage claims. Massachusetts Supreme Judicial Court SUMMARY: (court decision – opens in PDF) “Because the defendants’ argument is unsupported by the plain language of the ICCTA, and because the argument

Read More »

Massachusetts Prevailing Wage: What You Need to Know

The term “prevailing wage” refers to the minimum hourly wage rate that must be paid to workers on public works projects in Massachusetts. The prevailing wage is determined by the Massachusetts Department of Labor and Workforce Development and is based on the prevailing wage rate for similar work in the same geographic area. Who is Affected by Prevailing Wage Laws?

Read More »

Massachusetts Department of Labor Standards updates Prevailing Wage Topical Outline

On December 7, 2022, the Massachusetts Department of Labor Standards issued an update to its Topical Outline of Massachusetts Prevailing Wage Law. This outline provides guidance on all issues related to compliance with the Massachusetts prevailing wage law, including detailed opinion letters on the type of work covered by various occupational classifications. These occupational classifications include, but are not limited

Read More »

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

The Massachusetts Appeals Court has held that where a trash collection company entered into a five-year contract with a Massachusetts municipality, the company was obligated to pay the employees the higher prevailing wage for the final three years of the contract even though the original prevailing wage schedule did not contain rates for those years. United States District Court District

Read More »

Massachusetts Prevailing Wage Law Primer

The Massachusetts Prevailing Wage Law establishes minimum wage rates for workers on public construction and non-construction projects throughout the Commonwealth of Massachusetts. The Massachusetts Department of Labor Standards (DLS) is the state administrative agency that is responsible for issuing prevailing wage rates and routinely provides guidance and interpretation on all issues related to the law. Before obtaining bids for any

Read More »

Unpaid Prevailing Wages: Lawsuit Filed Against Utility Metering Solutions

On November 23, 2016 Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Xtralight Manufacturing, Ltd. d/b/a Utility Metering Solutions (“UMS”) for unpaid prevailing wages, overtime wages and unreimbursed transportation expenses. On December 2, 2016, 25 additional UMS employees were added to the lawsuit as named-plaintiffs who also allege that they have not been paid

Read More »

Construction Worker’s Right to a Prevailing Wage

The Department of Labor Standards (“DLS”) creates an extensive list of job classifications and their corresponding rate of wages. An awarding authority, such as a municipality, who begins a public works projects submits to the Director of DLS a list of jobs to be employed on the project. Typically these jobs fit neatly into a job classification. Nonetheless, workers often

Read More »

Keeping Overtime Pay in Compliance with the Prevailing Wage Law

Employers often create complicated payroll formulas to calculate overtime pay for employees who work under public work contracts to comply with Massachusetts’ prevailing wage law. The prevailing wage law (M.G.L. c. 149, § 26-27) governs public works contracts in Massachusetts and mandates a wage rate established by the director of the Massachusetts Department of Labor, the “prevailing wage,” which must

Read More »

Not Paid Your Prevailing Wages, Even By Mistake?

Has your employer failed it pay you the prevailing wage rate that you are owed? Was it even by mistake that they failed to pay you? In a recent decision by the Massachusetts Supreme Judicial Court, the Court stated that it is irrelevant whether or not your employer intended to not pay you the prevailing wage rate that you are

Read More »

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