Improper Wage Rates on Public Works Construction Projects

Employees who work on a public works construction project for a town, a city or a state are entitled to certain special protections under the law. For example, Massachusetts has a prevailing wage law that sets a special minimum hourly rate for non-supervisory employees on public works projects.

If you are an employee performing construction work on a public works project and you are paid less than the prevailing wage law mandates, you have a legal right to pursue a claim for restitution of unpaid wages. Our legal team can assist you in pursuing a claim and getting the money the law entitles you to receive for your hard work.

Understanding Prevailing Wage Laws on Massachusetts Construction Projects

M.G.L. c.149, s. 26 sets for the prevailing wage law for employers on public works construction projects. Under this law:

  • The authority awarding a contract for a public construction project has to obtain a Prevailing Wage Sheet from the Department of Labor Standards before soliciting bids for public construction projects.
  • Prevailing wages for each public construction project that is undertaken are in effect for 90 days from the time when the prevailing wage rates are issued.
  • Projects that are not bid within the 90 days that the prevailing wage rates are valid will require the agency/entity awarding the project to request new prevailing wage rates.
  • After a project has been bid, the prevailing wage rates apply to all contracts resulting from that bid for the duration of the project, unless the project lasts for more than a year. If the project exceeds one year, the awarding authority that commissioned the project must request an annual update to the wage schedules.

Payments made by employers to pension plans; healthcare coverage and unemployment benefits are included in the wage laws set forth under the Massachusetts code, provided they were established under collective bargaining units or understandings between labor and employers. However, only the money contributed by an employer to a bona fide health and welfare plan, supplemental employment plan or pension can be deducted from the wage rate.

What Should I do if My Employer Violated the Prevailing Wage Laws?

If your employer was in violation of prevailing wage laws, you may complete a Prevailing Wage Complaint Form and submit it to the Fair Labor Division of the Office of the Attorney General. In addition to general contact information for yourself and your employer, as well as details about the hours worked, you will need to include specific information about the public works project on which you worked. For example, you’ll be required to put in the project name and address, the name of the general contractor and project supervisor or foreman, and details about the type of work that you performed.

When the form has been completed and submitted, the Office of the Attorney General can pursue an investigation and seek remuneration on your behalf. You also have the option of pursuing other legal avenues to recover the prevailing wage payments you should have received from your employer, including filing a civil lawsuit to obtain compensation.

Getting Legal Help

Prevailing wage laws are designed to protect workers on public construction projects and an employer who has violated these laws has failed to live up to his obligation to workers on the job.

If you have been deprived of money you deserved to make because of your employer, contact the Boston employment lawyers at the Jeffrey Glassman Injury Lawyers today for help pursuing your claim for compensation.

Client Reviews
★★★★★
Choosing Jeffrey Glassman law firm was the best decision I could ever have made. They treated me with complete respect and made me feel protected. Kate Y, Google User
★★★★★
I am so happy that I decided to sign on with Jeffrey Glassman Injury Lawyers. This law firm met all my expectations and more, I would highly recommend them. Anne Nadeau, Google User
★★★★★
I am very happy with the services they provide. Although I hate that I have been in pain since the accident I am very grateful I had someone working so diligently on my side. With so many firms in the area, it's hard to know which one to choose; this is a firm that will definitely put 110% into your case! Julie Tran, Google User
★★★★★
Jeffrey Glassman and his associates were great. They were with me from the beginning to the end and kept me informed throughout the process. I would recommend this law firm. Ann S, Yelp User
★★★★★
I used Jeffrey Glassman Injury Lawyers for a painful and frustrating worker's comp case and had an absolutely fantastic experience. They were attentive, professional, knowledgeable, transparent, and genuinely caring. I can't recommend them highly enough. Anna K, Yelp User