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Frequently Asked Questions about the Massachusetts Prevailing Wage Laws
Q What is the prevailing wage?
A The prevailing wage is the minimum hourly wage for a certain classification of labor performed on public construction projects. The Department of Labor and Workforce Development issues the rates for each project and determines which rate apply to which classification.
Q Is there a minimum dollar threshold amount for a contract before the requirement for the payment of the prevailing wage applies?
A No. The prevailing wage rate applies to all public construction contracts regardless of the estimated price of the project.
Q How can an employee find out what the prevailing wage rates are for a particular job?
A The law requires that the prevailing wage rates be posted in a conspicuous place on all public construction sites. To obtain a copy of the rates of a particular job, contact the awarding authority for the prevailing wage rate schedule.
Note: Prevailing wage rates are set for each individual project, and may vary from project to project.
Q Does the prevailing wage apply to employees of a sub-contractor?
A Yes. All workers engaged in actual public works construction on the site, with the exception of those who perform strictly supervisory functions, must be paid no less than the prevailing wage.
Q Does the prevailing wage apply to truck drivers hauling gravel and fill to and from a public works projects?
A Yes. The rate applies to truck drivers hauling gravel and fill to and from a public works project.
Q Are contractors allowed to use apprentices on a prevailing wage project?
A Yes, if the contractor is participating in an apprenticeship program which is registered with the Division of Apprenticeship Training, and the apprentice is registered in that program and with the Division. The ratio of apprentices to journeymen that may be used is supplied by the Department of Labor and Workforce Development when the prevailing wage rates are issued.
Q What benefit payments are contractors allowed to deduct from the prevailing wage?
A In general, any contribution made to an approved pension, health and welfare or supplemental unemployment fund, on an employee's behalf, can be deducted from the hourly prevailing wage rate.
Q Can an employer deduct money from the prevailing wage rate for a health and welfare and pension plan that an employee doesn't want?
A Yes. If the plan is bona fide, the contractor may make the deductions. Questions regarding validity of benefits plans should be addressed to the Attorney General's regulated Industries Division (617)727-2200 ext. 3466 or the U.S. Department of Labor, Pension Welfare and Benefits Administration (617)565-9600.
Q Is an employer engaged in public works construction required to file certified payroll records with the awarding authority?
A Yes. All contractors and subcontractors are required to file certified payroll records with the awarding authorities on a weekly basis. These records must be certified and contain accurate information detailing each employee's name, address, and occupational classification, hours worked and wages paid.
Q What should employees do if they don't receive the proper prevailing wage rate?
A They should file a complaint with the Fair Labor and Business Practices Division at:
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200 Portland St, Boston, MA 02114
(617)727-3465
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165 Liberty St., Springfield, MA 01103
(413)784-1128
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1 Exchange
Place, Worcester, MA 01608 (508)792-7600
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184 North St., Pittsfield, MA 02102 (413)447-7324
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105 William
Street, First Floor, New Bedford, MA 02740 (508) 990-9700
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