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 owed.

Specifically, the Court stated:

“Like the Wage Act, G. L. c. 149, §§ 148, 150, and the independent contractor statute, G. L. c. 149, § 148B, the prevailing wage law is a strict liability statute.  It specifically provides for civil penalties to be imposed where a contractor or subcontractor has no intent to violate the law.  See G. L. c. 149, § 27C (b) (2).  Under a strict liability scheme, an employer’s reason for the violation is irrelevant; the fact of violation is sufficient for a penalty to issue. ”

Thus, no matter the reason, you should act now if you believe you have not been paid any prevailing wages that may be owed to you.



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