Prevailing Wage Law

In Massachusetts, the payment of prevailing wages on public works projects is governed by the Prevailing Wage Law (Mass. General Laws, Chapter 149, Sections 26–27G). Under this law, contractors and subcontractors must pay every worker on a public project the full prevailing wage rate—no exceptions. Employers are required to pay the higher of the wage rates that apply.

If you believe you are working on a public project and are being paid less than the required prevailing wage, a skilled Boston prevailing wage attorney can help. The attorneys at Gordon Law Group, LLP are often recognized among the top employment lawyers in the country. Based in Boston, they represent construction workers, laborers, concrete haulers, and other tradespeople nationwide. Their mission is to hold contractors and subcontractors accountable for paying anything less than the lawful rate.

Public Works Projects

The Prevailing Wage Law protects all workers performing public works. These projects typically involve construction, reconstruction, repair, alteration, demolition, or maintenance of buildings or structures owned or used by the state, city, town, or any public authority.

Common examples include:

• Roads and sidewalks
• Fire and police stations
• Schools and libraries
• Town halls and public buildings

In short, prevailing wage applies to most publicly owned facilities and infrastructure.

Who Sets the Prevailing Wage Rate?

The Massachusetts Department of Labor Standards (DLS) sets and updates the prevailing wage rates each year. Rates vary by occupation and region and are based on what workers in each trade are currently being paid. The law also requires certain “prevailing” benefits such as:

• Paid time off
• Health insurance
• Pension contributions

Employers must provide both the wages and the benefits to comply with the law.

Why Does the Prevailing Wage Law Exist?

The purpose of the Prevailing Wage Law is to ensure that workers on public projects receive fair wages and benefits consistent with their trade. This protection is essential for both skilled workers—like electricians, plumbers, and carpenters—and unskilled laborers who may have limited job alternatives.

The law also prevents contractors from underbidding by paying workers less than competitors. This levels the playing field and ensures fair competition.

Record-Keeping Requirements

Contractors and subcontractors must maintain accurate records of each worker’s hours and pay. These records must be available for inspection by the DLS. They must also post a notice at the job site listing the prevailing wage rate for every trade involved, so workers know exactly what they are entitled to earn.

Protections Against Retaliation

Massachusetts law strictly prohibits retaliation against workers who report prevailing wage violations—whether they complain internally, file a complaint externally, speak on behalf of co-workers, or testify in a case. Workers who report improper pay must be protected from:

• Termination
• Demotion
• Reduced hours
• Any other adverse employment action

If you plan to report a violation, having an experienced Boston prevailing wage attorney can help ensure your complaint is properly documented and protected.

Violations and Worker Rights

Contractors who fail to pay the prevailing wage face serious consequences including fines, penalties, and potential disqualification from future public works projects.

Workers can recover several types of damages, including:

Back Pay

The difference between what you were paid and what the prevailing wage requires—plus any overtime owed.

Lost Benefits

Compensation for any benefits you should have received under the prevailing wage rate, such as health insurance or paid leave.

Interest

Interest can be awarded on unpaid wages and lost benefits.

Triple Damages

Massachusetts law requires employers who fail to pay the prevailing wage to pay triple the unpaid amount.

If you believe you are being underpaid on a public project—or if you were retaliated against for raising concerns—you need a knowledgeable Boston prevailing wage attorney on your side. Gordon Law Group, LLP has extensive experience with prevailing wage claims and represents workers across all trades, including carpenters, laborers, haulers, loaders, plumbers, and electricians.

Failing to pay prevailing wage is illegal and should never be ignored. Holding employers accountable not only protects you but helps prevent violations against other workers.

If your employer has not paid you the prevailing wage—or retaliated after you spoke up—contact Gordon Law Group, LLP today to schedule a consultation.