What to Look for When You Have a Prevailing Wage Case in Massachusetts
When you’re dealing with a prevailing wage case in Massachusetts, one thing becomes clear very quickly: the rules are complicated. What might seem like a straightforward wage claim can quickly turn into a maze of legal and administrative red tape. That’s why having a seasoned prevailing wage lawyer on your side isn’t just helpful — it’s essential.
Massachusetts has some of the most detailed and tightly enforced prevailing wage laws in the country. These laws are intended to ensure that workers on public construction projects are paid fair, standardized wages. However, determining who qualifies for these wages, what work is covered, and who is responsible for payment is far from simple.
1. Experience With Complex Corporate Structures
Contractors and subcontractors often operate under layers of LLCs, shell companies, and joint ventures. Some of this is legitimate business structuring. But in some cases, it’s a smokescreen to obscure who’s actually responsible for paying the prevailing wage.
An experienced prevailing wage lawyer understands how to trace responsibility through corporate filings, contracts, and payment records. They can identify which entity is liable—even when it’s not immediately obvious—and hold the right parties accountable. This can be the difference between a successful claim and a dead end.
2. Understanding the Government Bureaucracy
Under the Massachusetts prevailing wage law there are two government entities that play a key role in the process.
- The “awarding authority” which is typically a government body (state, county, or municipal) that oversees the public project. Their role is pivotal. They issue the contracts, determine the applicability of the prevailing wage laws, and are responsible for ensuring compliance. A seasoned prevailing wage lawyer knows how to work with—or when necessary, push back against—the awarding authority. They understand how to access and decipher wage schedules, contract documents, and correspondence that could make or break your case. At time the awarding authority’s actions (or inactions) can play a key role in the violation itself, and an experienced prevailing wage lawyer will know how to leverage that in your favor.
- The second is the Department of Labor Standards (“DLS”), the government agency responsible for determining the prevailing wage rates and defining which types of work fall under prevailing wage requirements. An experienced prevailing wage lawyer is essential because the DLS’s interpretation can sometimes conflict with the intent of the prevailing wage law, which is designed to level the playing field in public contracting. At Ortiz & Moeslinger, P.C., we have challenged both employers and the DLS’s definitions to expand our clients’ access to prevailing wage protections.
3. Understanding the Industry and Misclassification
A key prevailing wage law concept is misclassification. A basic example is the difference between carpenter and a laborer on a public works project. The DLS rates will be higher for carpentry work, and employers often misclassify workers to illegally pay lower rates. Some of these classification issues are straightforward, some are complex.
The 2025 DLS guide outline explains some of the thorny classification issues that arise under the prevailing wage law. The right prevailing wage lawyer will have experience with common patterns of misclassification and how work actually is performed on site.
The Bottom Line
Prevailing wage cases in Massachusetts are not like other wage-and-hour disputes. They require lawyers who not only understand the law but also know how to navigate the intricacies of public contracts, government oversight, and complex corporate entities. Don’t go it alone.
At Ortiz & Moeslinger, P.C. we are not only experienced in, but willing to take on companies who attempt to steal employees’ wages by evading the prevailing wage. When companies rely on weak legal theories to deprive workers of the prevailing wage rate we have taken them all the way to the Massachusetts Supreme Judicial Court—and we have won—to ensure workers are paid what they are owed. We don’t just understand prevailing wage but fight for our clients and routinely get results. Because of our work, courts have confirmed that the employers of our clients, and other workers, are “expected to use the prevailing wage rates set forth in the Commonwealth’s prevailing wage schedule.” Marsh v. Massachusetts Coastal R.R. LLC, 492 Mass. 641, 647, 214 N.E.3d 388, 396 (2023), cert. denied,144 S. Ct. 2519, 219 L. Ed. 2d 1199 (2024).
If you believe your rights under the prevailing wage law have been violated, talk to an experienced lawyer with a proven track record in this field.
Your pay—and your legal rights—depend on it.