Work & The Law

Unpaid Prevailing Wage Case – Construction Workers

On January 11, 2024, Attorney Shafran filed a prevailing wage suit against a construction company alleging that the company failed to pay the employee the prevailing wage applicable to a gradall operator in violation of the Massachusetts prevailing wage law, G.L. c. 149, §27 et seq. If you are working on a prevailing wage job (i.e., a public job) and

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Prevailing Wage Law in Massachusetts

In Massachusetts, the Prevailing Wage Law requires contractors and subcontractors working on public construction projects to pay their workers the prevailing wage rate. The prevailing wage rate is defined as the hourly rate of pay, including benefits, paid to the majority of workers engaged in a particular type of construction work in a specific geographic area. This law applies to

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 »

Prevailing Wage Case

On August 4, 2023, Attorney Shafran , on behalf of a former employee, filed suit against a paving and excavating company and its principals (collectively “Defendants”) alleging that the Defendants: (1) violated the Massachusetts prevailing wage law, G.L. c. 149, §26-27 et seq., as a result of the Defendants’ failure to pay the Plaintiff the applicable prevailing wage for all

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 »

Unpaid Prevailing Wage Case – Construction Workers

On January 11, 2024, Attorney Shafran filed a prevailing wage suit against a construction company alleging that the company failed to pay the employee the prevailing wage applicable to a gradall operator in violation of the Massachusetts prevailing wage law, G.L. c. 149, §27 et seq. If you are working on a prevailing wage job (i.e., a public job) and

Read More »

Prevailing Wage Law in Massachusetts

In Massachusetts, the Prevailing Wage Law requires contractors and subcontractors working on public construction projects to pay their workers the prevailing wage rate. The prevailing wage rate is defined as the hourly rate of pay, including benefits, paid to the majority of workers engaged in a particular type of construction work in a specific geographic area. This law applies to

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 »

Prevailing Wage Case

On August 4, 2023, Attorney Shafran , on behalf of a former employee, filed suit against a paving and excavating company and its principals (collectively “Defendants”) alleging that the Defendants: (1) violated the Massachusetts prevailing wage law, G.L. c. 149, §26-27 et seq., as a result of the Defendants’ failure to pay the Plaintiff the applicable prevailing wage for all

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 »