Prevailing Wage Rate Disputes

Contractors working on the majority of public works projects must pay their employees the "prevailing wage rate." Often, contractors who violate the prevailing wage laws can find themselves in a challenging and formidable legal dispute. Attorney Mucci has the expertise to defend contractors in prevailing wage disputes and navigate them through these thorny issues.
Prevailing wage rates are minimum hourly rates set by the Department of Labor and Workforce Development, Division of Occupational Safety (DOS). These rates vary per industry and are based upon the rates established in local collective bargaining contracts. DOS determines whether the prevailing wage applies to a given public works project.
The law requires that contractors post prevailing wage rates in a conspicuous place on all public construction sites. The law requires all contractors and subcontractors to file certified payroll records directly with the awarding authority on a weekly basis. These records must contain accurate information detailing each employee's name, address, occupational classification, hours worked and wages paid. The records must be certified and signed by the contractor or agent under the pains and penalties of perjury. All contractors and subcontractors must submit the records directly to the awarding authority every week. Any allegations of prevailing wage violations are investigated and prosecuted by the attorney general's office.

Experienced Prevailing Wage Violation Attorney

Attorney Mucci has the proven skill and experience to defend contractors for prevailing wage violations. A successful employee is entitled to three times the unpaid wages, plus reimbursement of reasonable attorney's fees, if any failure to pay the prevailing wage rate is proven. Therefore, Attorney Mucci understands that the stakes are high and will devise a legal strategy that best fits your company's needs and objectives.

If possible, Attorney Mucci will work to avoid a lengthy and costly courtroom battle by encouraging negotiation and mediation. However, Attorney Mucci is an accomplished trial attorney and will go to trial if settlement is not possible.

If the attorney general's office is already involved, Attorney Mucci has experience engaging and bargaining with investigative agencies in an attempt to mitigate fines and explain a client's position and actions.

Contact us online or call employment lawyer Richard Mucci at 781-729-3999 if you have questions about prevailing wage rates or if you are engaged in a prevailing wage dispute. We'll schedule an initial consultation in our Winchester, Massachusetts, office.