At a Glance
Quick Answer
Massachusetts has an active prevailing wage law (Massachusetts Prevailing Wage Law (M.G.L. Chapter 149, Sections 26-27H)). Administered by Massachusetts Department of Labor Standards (DLS). Certified payroll is required. Federal Davis-Bacon applies to all federal projects.
Massachusetts has no minimum dollar threshold for prevailing wage requirements. The law applies to all public construction projects regardless of cost. Awarding authorities must request prevailing wage schedules from DLS before advertising for bids.
Context
Prevailing Wage & Bidding in Massachusetts
Massachusetts runs one of the strongest prevailing wage regimes in the country, and there is no dollar threshold to hide behind. Under M.G.L. Chapter 149, Sections 26-27H, administered by the Department of Labor Standards (DLS), prevailing wage applies to all public construction regardless of contract size. Whether you are bidding a multimillion-dollar building or a small repair, you must pay the published prevailing rate for each trade. Awarding authorities are required to request the wage schedule from DLS before advertising for bids, so the rates should be in your bid package — read them carefully and price every labor classification, including fringe components, to those figures.
Because every public job is covered, there is no "small job" exemption to lean on in your estimate. Classify each worker accurately to the correct trade, account for required overtime treatment, and build certified-payroll reporting into your overhead. Confirm your subcontractors understand they are bound by the same schedule; on a covered project, an underpaying sub creates exposure that can flow up the chain.
The enforcement teeth here are unusually sharp, and they should shape how you bid. Violations can carry treble damages — three times the underpayment — plus debarment from public works for up to three years and criminal penalties including fines up to $25,000 and possible imprisonment. A single misclassification multiplied by three across a crew can dwarf the original margin on a job. On federally funded Massachusetts projects, Davis-Bacon may also apply, and you must follow the more stringent standard. The winning approach in Massachusetts is conservative: treat the DLS wage schedule as a fixed cost, document everything, and never assume any public project is too small to be covered.
Details
Coverage Details
State Law Details
- Law
- Massachusetts Prevailing Wage Law (M.G.L. Chapter 149, Sections 26-27H)
- Agency
- Massachusetts Department of Labor Standards (DLS)
- Thresholds
- No minimum dollar threshold — applies to all public construction regardless of amount
- Certified Payroll
- Required
Federal Davis-Bacon Coverage
The federal Davis-Bacon Act applies to all federally funded or federally assisted construction contracts over $2,000 in Massachusetts. This includes projects funded by federal agencies, FHWA highway projects, HUD housing, and projects receiving federal grants.
Reference
Key Facts
No minimum dollar threshold — all public construction projects covered
One of the strongest prevailing wage laws in the nation
Treble damages (3x underpayment) for violations
Criminal penalties including fines up to $25,000 and possible imprisonment
Awarding authorities must obtain wage schedules before advertising bids
Enforcement
Penalties
Contractors may face treble damages (3x the underpayment), debarment from public works for up to 3 years, and criminal penalties including fines up to $25,000 and imprisonment.
Resources
Related Tools & Templates
Turn wage rules into bid-ready alerts
Use ConstructionBids.ai to track matching public projects, save bid searches, and move wage-sensitive scopes into your estimating workflow.
FAQ
Questions Contractors Ask
Does Massachusetts have a prevailing wage law?
Yes. Massachusetts has an active state prevailing wage law: Massachusetts Prevailing Wage Law (M.G.L. Chapter 149, Sections 26-27H). Massachusetts has no minimum dollar threshold for prevailing wage requirements. The law applies to all public construction projects regardless of cost. Awarding authorities must request prevailing wage schedules from DLS before advertising for bids.
Does Davis-Bacon apply in Massachusetts?
Yes. The federal Davis-Bacon Act applies to all federally funded construction projects over $2,000 in Massachusetts, regardless of state law. Contractors must pay the prevailing wage rate determined by the DOL for the project location.
Is certified payroll required in Massachusetts?
Yes. Massachusetts requires certified payroll on state prevailing wage projects. Additionally, certified payroll is always required on federal Davis-Bacon projects using form WH-347.
What are the penalties for prevailing wage violations in Massachusetts?
Contractors may face treble damages (3x the underpayment), debarment from public works for up to 3 years, and criminal penalties including fines up to $25,000 and imprisonment.
Is there a minimum project size for prevailing wage in Massachusetts?
No. Massachusetts applies prevailing wage to all public construction regardless of contract value, making it one of the strictest states in the nation. There is no small-job exemption, so even minor public repair or renovation work requires paying the DLS-published prevailing rate for each trade classification.
How severe are penalties for Massachusetts prevailing wage violations?
Penalties are among the harshest nationally. Violators can face treble damages — three times the underpayment — plus debarment from public works for up to three years and criminal penalties including fines up to $25,000 and possible imprisonment, making accurate worker classification and payment critical.
Where do contractors get the correct wage rates for a Massachusetts bid?
Awarding authorities must request the prevailing wage schedule from the Department of Labor Standards before advertising the project, so the applicable rates should be included in the bid documents. Contractors should price each trade classification, including fringe benefits, directly to that published schedule.