(650) 332-8623A Guide to Prevailing Wage in Massachusetts: Rules, Requirements, Rates, FAQs, and More for 2025
Need to know Massachusetts’s prevailing wages to keep your company and its workforce compliant? Our guide has everything to get started!
A prevailing wage is the minimum wage (with fringe benefits) all contractors, subcontractors, and employers working on state- or local-funded public works projects must pay their workers.
Contractors responsible for such projects are legally obligated to pay employees working similar occupations in the same locality a standard minimum rate.
Contractors, subcontractors, and employers must abide by these prevailing wage laws or suffer harsh legal consequences. Legalities aside, paying these prevailing wages also ensures a level playing ground for contractors and helps maintain the living standards of the affected workers.
In this guide, we’ll explore Massachusetts’ prevailing wage laws, its rules and requirements, and common questions you may have about navigating these regulations.
Whether you’re a contractor, subcontractor, project manager, or employer, this guide will provide a comprehensive understanding of prevailing wage in Massachusetts, ensuring compliance and contributing to a fair, competitive, and sustainable working environment in 2025 and beyond.
Understanding Massachusetts Prevailing Wage Laws
M.G.L. c. 149, §§ 26-27D
Massachusett's Primary Prevailing Wage Law
In Massachusetts, prevailing wages are determined on a project-to-project basis and usually run throughout the year except for projects spanning multiple years.
Besides public works projects, prevailing wage laws in Massachusetts also apply to hauling, waste and recycling disposal, school bus transportation, and certain housing authority jobs.
Under Massachusetts General Law, Chapter 149, Sections 26 through 27, otherwise known as The Prevailing Wage Law, the hourly rates of apprentices, mechanics, laborers, teamsters, and chauffeurs in public works constructions shall be no less than those paid to other workers in similar trades in the same locality.
Prevailing wage also encompasses fringe benefits, such as the following:
- Pension benefits
- Holiday benefits
- Vacation benefits
- Health and welfare benefits
- Unemployment benefits
Prevailing wage laws apply to all projects by public agencies, including local governments, universities, school districts, and public bodies.
The public agency that awards the contract is known as the “awarding authority.” The awarding authority must legally include current prevailing wage rates in its contracts and bid documents.
1914
When Did Massachusett's Prevailing Wage Law Take Effect?
Massachusetts was the fifth state to enact prevailing wage laws in 1914, well before federal laws were enacted.
In 1931, the U.S. Congress passed the Davis Bacon Act, establishing a prevailing federal wage for federally funded projects. Its main purpose was to ensure fair compensation for workers in the construction industry, maintain their living standards, and prop up the economy.
Prevailing wages in Massachusetts serve various purposes and are critical for maintaining the state’s economy and infrastructure.
M.G.L. c. 71, §7A, c. 121B, §29
Additional Massachusetts Prevailing Wage Statutes
Prevailing wage rates apply to the following public works under the Prevailing Wage Law (G.L. c. 149, §§ 26 – 27H, G.L. c 71, §7A, G.L. c 121B, §29):
- Public construction work, including building erection, repair, renovation, maintenance, and demolition. Other types of construction work covered are soil exploration, soil boring tests, and excavation.
- The transportation of students to public schools during school days and trips in areas with populations of 16,000 and more
- The movement of office furniture, fixtures, and equipment
- Janitorial services for cleaning state offices and buildings leased by the state
- Specific housing authority workers, including mechanics, laborers, and maintenance employees
Any awarding authority seeking bids for a public project must first obtain the latest prevailing wage schedule from the Department of Labor Standards. This schedule contains the minimum hourly rate that contractors must pay to workers involved in the project.
Next, the DLS will furnish all contractors who bid for the project with a copy of the prevailing wage rate schedule. The DLS provides potential contractors copies of the prevailing wage rate for non-competitive bids. This schedule becomes a legally recognized part of the contract and project documentation.
Once the awarding authority grants the contract, the winning contractor must comply with the prevailing wage rates.
Prevailing wages apply to both unionized and non-unionized employees.
Aside from paying the required wage, contractors must also post the prevailing wage rates at a visible and accessible spot at the job site for all workers to see. In doing so, employees will know how much they should be paid for their work and report any violations. This includes overtime pay for all work exceeding 40 hours in a 168-hour work week.
Contractors must also submit weekly payroll report forms and compliance statements to the awarding authority.
DLS
The Department of Labor Standards is Responsible for Setting Prevailing Wage in Massachusetts
Prevailing wage matters in Massachusetts are handled by the Department of Labor Standards, as stipulated under G.L. c. 149, §§ 26 – 27, also known as The Prevailing Wage Law.
Prevailing wages are determined through a process established by the state’s Division of Capital Asset Management and Maintenance (DCAMM) and the Department of Labor Standards (DLS).
The DLS will issue the required minimum rate plus fringe benefits for each public work construction project and other affected services. They’ll also issue the appropriate classifications for the affected trades.
The Attorney General’s Office enforces prevailing wage laws in the Bay State.
None
What's the Minimum Value of Projects Covered by Prevailing Wage Laws in Massachusetts?
In Massachusetts, there is no minimum dollar threshold for a project to be under the state’s prevailing wage law. The prevailing wage law applies to any public works project, including construction, repair, or alteration, regardless of contract’s value or project size.
Massachusetts Prevailing Wages for Common Roles
Prevailing wage rate schedules in Massachusetts vary by job location, the description of work, and other factors. The Department of Labor Standards issues prevailing wage rate schedules to state agencies, authorities, cities, towns, districts, and counties.
You can register and submit a request for a prevailing wage rate determination applicable to your project on the Massachusetts Prevailing Wage Program website to ensure accurate rates specific to your region and the nature of work.
These schedules are project-specific and are effective for 90 days from the date of issuance. You must request a new wage schedule if a project is not bid within that period.
$24.71OILER (OTHER THAN TRUCK CRANES AND GRADALLS) BASE WAGE
Using this prevailing wage rate schedule for the EPDM roof repair of the Bartek Recreation Center in Attleboro, Massachusetts, the lowest basic hourly rate is the $24.71 base rate given to oilers (other than truck crane and gradall oilers).
$31.70OILER (OTHER THAN TRUCK CRANES AND GRADALLS) FRINGE BENEFITS
In Massachusetts, prevailing wage laws require employers on public works projects to provide employees with a total compensation package that includes a base hourly wage and a fringe benefit component. Oilers are entitled to total fringe benefits of $31.70, which is comprised of these benefits at the following rates:
- Health: $15.30
- Pension: $16.40
- Supplemental Employment: $0.00
This provides oilers with a total prevailing hourly wage rate of $56.41.
$103.05ADS/SUBMERSIBLE PILOT BASE RATE
The highest prevailing wage rate goes to Atmospheric Diving Systems (ADS)/submersible pilots, who are responsible for the sub’s readiness before every dive and operating it underwater. These professionals are entitled to base wages of $103.05 per hour.
$32.52ADS/SUBMERSIBLE PILOT FRINGE BENEFITS
ADS/submersible pilots are entitled to total fringe benefits of $32.52, which is comprised of these benefits at the following rates:
- Health: $9.40
- Pension: $23.12
- Supplement Unemployment: $0.00
This provides ADS/submersible pilots with a prevailing hourly wage rate of $135.57.
Massachusetts Prevailing Wage Resources
Don’t see the role you’re looking for on our list?
Prevailing wage rates in Massachusetts are subject to change and vary per project and region. You can find more information about Massachusetts’ Prevailing Wage Program on the Department of Labor Standards page:
Commonwealth of Massachusetts – Prevailing Wage Program
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Typical Fringe Benefits and Calculations in MA
Employers in Massachusetts may offer health insurance as a fringe benefit. The employer pays a portion of the health insurance premiums and is not considered employee taxable income.
Employers can calculate their fringe benefit credits by dividing their annual employee contribution by the total annual hours worked by the employee.
For example, an employer’s annual contribution to the employee’s health insurance is $5,200, and the employee’s total annual hours worked is $2,080. A total of $2.50 per hour can be credited to meet the prevailing wage fringe benefit obligation.
State employees, such as managers, legislative staff, legislators, and executive office staff not covered by collective bargaining or have no other Dental and Vision Plan through the state can be covered by the Group Insurance Commission’s dental plan.
In Massachusetts, vision insurance is a common fringe benefit employers offer to enhance employees’ health and well-being. It typically covers routine eye exams, prescription eyewear, and even corrective surgeries.
State and certain unionized employees in Massachusetts have access to vision benefits via the Group Insurance Commission (GIC). Eligibility and specific coverage vary per employer and on the employee’s role.
While employers are not legally required to provide paid time off, many offer it as part of an employee benefits package. PTO policies can include vacation days, sick leave, personal days, and holiday pay, often rolled into one PTO policy.
While not required by state law, vacation days are a widely provided be employers in Massachusetts. They follow specific legal guidelines and are protected under wage laws if an employer offers them, mainly because accrued vacation days are treated as earned wages.
Tuition reimbursement is generally not considered a bona fide fringe benefit under Massachusetts prevailing wage laws. Employers must still provide the full prevailing wage rate, including the specified fringe benefits.
Bonuses are considered supplemental wages and are subject to taxation. Under Massachusetts prevailing wage laws, they are not recognized as bona fide fringe benefits. Regardless of any bonuses given to employees, employers should still provide the full prevailing wage rate.
Pension contributions are a bona fide fringe benefit employers provide to meet the fringe benefit portion of the prevailing wage rate in Massachusetts. Employers can make direct pension contributions to the employee’s pension plan, which should be recognized and qualify as a bona fide benefit program.
Employers in Massachusetts can fulfill the fringe benefit portion by contributing to bona fide benefit plans, such as retirement plans. Employer contributions to 401(k) plans are valuable retirement benefits to employees and can reduce overall payroll tax liabilities.
Employer Responsibilities in Massachusetts
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Familiarize yourself with Massachusetts prevailing wage laws, including the requirements for public construction projects. The Massachusetts Department of Labor Standards (DLS) is the primary agency responsible for enforcing prevailing wage laws in the state.
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Determine whether your construction project is subject to prevailing wage requirements. In Massachusetts, most public construction projects exceeding certain cost thresholds are subject to prevailing wage laws.
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Properly classify workers according to the prevailing wage rates established for their respective trades and occupations.
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Keep detailed and accurate records of all hours worked, wages paid, fringe benefits provided, and other relevant information for each employee working on a prevailing wage project.
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Stay informed about any changes or updates to Massachusetts prevailing wage laws and regulations. Periodically review guidance and resources the Massachusetts DLS provides to ensure compliance with current requirements.
Penalties for Prevailing Wage Noncompliance
Up to $25,000FAILURE TO PAY PREVAILING WAGE
Contractors and subcontractors found to be violating the Massachusetts prevailing wage law may be subject to potential civil and criminal liability.
Moreover, employees may sue employers for prevailing wage law violations and have a right to triple damages, court costs, and attorney fees if they win in civil court.
Civil penalties range from $7,000 to $25,000 per violation, depending on whether it’s the employer’s first citation or an intentional violation.
Up to $50,000PREVAILING WAGE LAW VIOLATIONS
Employers who are found to have violated prevailing wage laws in criminal court may pay up to $50,000 in penalties and be imprisoned for up to two years for each violation. Aside from penalties and imprisonment, the employer may also be ordered to pay restitution to the workers.
Noncompliance with prevailing wage requirements can lead to termination of the contract for the construction project, resulting in financial losses, including forfeiture of any payments made on the project.
Contractors and subcontractors who repeatedly violate prevailing wage laws may lose their privileges to bid on public construction projects in Massachusetts.
In severe cases of noncompliance, contractors and subcontractors may be debarred from participating in public construction projects for a certain period.
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Certified Payroll and Prevailing Wages in MA
Certified payroll reporting details each employee’s wages, hours worked, and benefits provided. Contractors submit these reports weekly as proof they adhere to the prevailing wage requirements.
In Massachusetts, these reports are also essential for transparency. They allow government agencies to monitor labor practices on public projects and reduce wage theft or underpayment cases. Failing to submit certified payroll reports can result in significant penalties and negatively impact the contractor’s ability to continue the project or secure future contracts.
Certified payroll reporting aligns with the state’s goal of protecting labor rights on government projects. It holds contractors accountable by requiring them to document that they pay the mandated wage. It also levels the playing field and ensures all contractors adhere to the same wage standards.
Navigating Prevailing Wage Requirements in Massachusetts
Know Your Rights as a Worker
Understand your rights as an employee working on a prevailing wage project in Massachusetts. Familiarize yourself with the prevailing wage rates applicable to your trade or occupation and ensure you receive the correct wages and benefits mandated by law.
If you believe your employer does not comply with prevailing wage laws or have concerns about unpaid wages or benefits, consider reporting the violations to the Massachusetts DLS. Keep records of your hours worked, wages earned, and any fringe benefits received while working on prevailing wage projects.
If you have questions or concerns about prevailing wage requirements or believe your employer does not comply with the law, consider seeking assistance from labor unions, legal aid organizations, or other relevant advocacy groups.
Know What to Do as an Employer
In Massachusetts, prevailing wage laws impose specific responsibilities on contractors involved in public works projects. These laws are designed to ensure that workers are paid fair wages and benefits comparable to those in the local area where the work is performed.
Pay employees the prevailing wage rates established by the Massachusetts Department of Labor Standards (DLS) for the specific trade or occupation in which they are employed. Prevailing wage rates typically include base hourly wages and fringe benefits, such as health insurance, retirement contributions, and apprenticeship programs.
Comply with the prevailing wage determinations issued by the DLS for each public works project in which they are involved. These determinations specify the applicable wage rates, working conditions, and fringe benefits that contractors must adhere to throughout the project.
Maintain accurate payroll records for all employees working on public works projects. These payroll records must include detailed information, such as hours worked, wages paid, fringe benefits provided, and deductions made. Also, submit weekly certified payroll reports to the awarding authority or the DLS to demonstrate compliance with prevailing wage requirements.
Ensure subcontractors and their employees comply with prevailing wage laws. They may be held liable for any violations subcontractors commit, including failure to pay prevailing wages or maintain accurate payroll records.
Provide written notice to all employees working on public works projects to inform them of their prevailing wage rates and fringe benefits. The notice must be posted in a conspicuous location at the worksite and include information about how employees can report violations or concerns to the DLS.
Ensure employees are informed about prevailing wage laws and their rights under these laws. Training and education on prevailing wage requirements can help prevent unintentional violations and promote compliance with the law.
Common Prevailing Wage Challenges for Employers in Massachusetts
Complexity of Compliance: Massachusetts prevailing wage law involves various requirements, including specific wage rates for different trades and occupations, recordkeeping obligations, and compliance with prevailing wage determinations issued by the state.
Tracking Hours and Benefits: Contractors must accurately track the hours worked by employees on prevailing wage projects and ensure that they receive the correct wages and benefits as mandated by law.
Administrative Burden: Meeting prevailing wage requirements entails significant administrative burdens, including maintaining detailed payroll records, submitting certified payroll reports to the appropriate authorities, and responding to inquiries or audits from regulatory agencies.
Enforcement and Penalties: Contractors who do not comply with prevailing wage laws risk penalties, fines, contract termination, and other enforcement actions.
Prevailing Wage Solutions for Employers in Massachusetts
To address these challenges, contractors in Massachusetts can consider implementing the following solutions:
Education and Training: Contractors should invest in educating their personnel about prevailing wage laws, including training programs, workshops, and resources provided by industry associations or legal experts.
Utilization of Technology: Leveraging technology, such as payroll software and time-tracking systems, can streamline recordkeeping processes and help contractors accurately track hours worked, wages paid, and employee benefits on prevailing wage projects.
Consultation with Legal Experts: Contractors may benefit from seeking guidance and advice from legal experts or consultants specializing in labor law and prevailing wage compliance.
General Best Practices for Massachusetts Prevailing Wages
Adhering to the following best practices can help maintain compliance and avoid potential legal issues:
Get the Prevailing Wage Rate Schedule: Request the prevailing wage rate schedule from the Department of Labor Standards (DLS) before making any bid or starting a public construction project. This schedule provides information about minimum hourly rates for project/ locality-specific job classifications.
Include Wage Rates in Contracts: Prevailing wage rate schedules must be incorporated into all bid documents and contracts to inform all parties of the wage obligations.
Post Wage Rates at Job Sites: To promote adherence to wage laws, display the prevailing wage rate schedule at the job site where all workers can see them and verify their entitled wages.
Classify Workers Accurately: Assign workers to the correct job classifications as defined by the DLS to avoid underpayment and legal penalties.
Pay Correct Wage Rates: Ensure employees are compensated at least the minimum hourly rates as stated in the prevailing wage schedule for their classification and that any wage increases are implemented as scheduled.
Maintain and Submit Certified Payroll Records: Keep accurate weekly payroll records detailing employee names, addresses, hours worked, and wages paid. Submit them to the awarding authority compliance. Keep the records for at least three years after project completion.
Final Thoughts
Prevailing wages promote fairness and stimulate the state’s economy. Contractors and employees should play their part in complying with these laws to maintain a conducive business environment and a prosperous state.
Prevailing wage laws are complicated, but compliance is mandatory. Breaching prevailing wage laws has dire legal consequences, including fines and debarments.
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Workyard helps you stay compliant with labor laws. Find out about specific state labor laws that apply to employees hours and payroll records:
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In Massachusetts, the prevailing wage is a legally mandated minimum wage for workers on public construction projects, determined by the Department of Labor Standards (DLS).
The rates vary based on occupation and geographical location and are updated periodically. Different regions in Massachusetts also have varying rates due to local collective bargaining agreements. Specific job classifications dictate the applicable wage rates as well.
Individuals can consult the DLS or relevant municipal resources for the most accurate and updated information regarding specific wage rates for different occupations or projects.
To request a prevailing wage schedule in Massachusetts, follow these steps:
Determine Eligibility: Ensure that you are an awarding authority (e.g., a public agency or entity) that needs to request a prevailing wage schedule for a public construction project.
Complete the Request Form: Complete an official online prevailing wage request form on the Massachusetts Department of Labor Standards (DLS) website. This form requires detailed information about your project, including its description and scope.
Submit Your Request: After completing the form, submit it electronically. If you do not have internet access, call DLS at (617) 626-2953 for instructions on submitting a hard copy request.
Receive the Wage Schedule: Once your request is processed, DLS will email you a prevailing wage schedule in PDF format. This schedule outlines the applicable wage rates for various job classifications related to your project.
Post the Wage Schedule: After receiving the schedule, ensure it is posted in a conspicuous location at the worksite for all employees to see throughout the project.
Update for Multi-Year Projects: Remember to request updated wage schedules annually for projects lasting more than one year.
If you need further assistance or have inquiries, contact the Prevailing Wage Program at (617) 626-6953.
In Massachusetts, the Attorney General’s Office, specifically through its Fair Labor Division, is primarily responsible for enforcing prevailing wage laws. This office handles complaints regarding prevailing wage law violations and can take action against employers who fail to pay the required wages on public works projects.
Key Agencies Involved:
Department of Labor Standards (DLS): The DLS determines and issues prevailing wage schedules. It establishes minimum wage rates based on collective bargaining agreements and local labor market conditions.
Attorney General’s Office (AGO): The AGO’s Fair Labor Division enforces prevailing wage laws, addresses worker complaints, and manages bid protests related to prevailing wage issues. It ensures compliance with the law and can impose penalties on employers who violate it.
To file a complaint regarding prevailing wage issues in Massachusetts, you can follow these steps:
Determine the nature of your complaint: Ensure that your complaint specifically relates to the non-payment of the prevailing wage on public works projects.
Gather information: Collect any relevant documentation that supports your complaint, such as pay stubs, employment contracts, or records of hours worked. While you do not need to attach these documents when filing, having them on hand can be helpful if requested later.
Access the complaint form: You can file your complaint online through the Massachusetts Attorney General’s Office website. Navigate to the section for workplace complaints and select “Prevailing Wage Complaint” from the options provided.
Complete the Online Form: Fill out the form with as much detail as possible about your situation. You must provide information about yourself, your employer, and the specifics of your complaint.
Submit Your Complaint: Once you have completed the form, submit it electronically. If you require assistance or prefer to file in a different format, call the Fair Labor Division Hotline at (617) 727-3465 for guidance.
Anonymity Option: If you prefer not to disclose your identity, you can file your complaint anonymously.
After filing, the Attorney General’s Office will review your complaint and may take various actions based on their findings, including contacting your employer or pursuing penalties if violations are confirmed. The process may take several weeks due to the volume of complaints received.
For more details or specific inquiries on filing a workplace complaint, you can visit the Massachusetts Attorney General’s Office or contact them directly at the number above.
