Bill
SD 1518
Creates a private civil action allowing interested parties to sue to recover wages and penalties on behalf of the Commonwealth for construction wage non-payment.
Purpose and intent
- Establishes a new mechanism to enforce wage payment laws in the construction industry by allowing private parties to sue on behalf of the Commonwealth.
- The goal is to promote honest bidding and protect companies that pay legally required wages, while deterring wage non-payment and unfair competitive practices.
Key provisions (new Section 150D added to Chapter 149)
- Construction Industry Private Attorney General Action:
- The bill creates a private civil action that can be brought by an “Interested Party” to recover damages and penalties for Wage Non-payment.
- The action is filed in the name of the Commonwealth and the public, and is treated as a private attorney general action.
- The representative nature of the action is not waivable and is not considered a class action, so long as there is at least a common question of law or fact among at least two Affected Employees.
- The action cannot be waived or compelled to arbitration, even if individual claims might be arbitrable.
- Standing and who can bring an action (Interested Party):
- Construction Industry Employer (defined broadly) that has contracted on a project and employed workers, or contracted for construction work in the Commonwealth exceeding $500,000.
- Labor organizations or related groups that represent construction industry employers or employees (with specific criteria, such as multiple member firms and contributions).
- Affected Employee (an employee or former employee who is owed Wage Non-payment by a defendant employer).
- Definitions (selected):
- Construction Industry: Broadly defined to include drivers delivering construction materials, residential contracting services, and labor on private projects similar to public projects.
- Wage Non-payment: Failure to pay wages due under specified statutes or contract provisions (e.g., sections 27, 148, 148A, 148B, 150 of chapter 149; or section 1A of chapter 151).
- Construction Industry Employer: An entity that contracted to perform work on a qualifying project and employed workers who performed that labor, or contracted for work over $500,000 in the Commonwealth.
- Affected Employee: Employee or former employee owed wages by the defendant employer, with a substantial portion of wages earned while performing construction labor.
- Remedies and scope:
- The action seeks damages and penalties under the specified wage laws or contracts.
- The action is designed to deter non-compliance by exposing employers to potential private attorney general actions pursued by interested parties on behalf of the Commonwealth.
Who would be affected
- Construction industry employers and contractors, especially those with large private projects or those who hire multiple subcontractors.
- Construction industry employees and former employees who are owed wages.
- Labor unions and related organizations that represent construction employers or workers (as defined eligible “Interested Parties”).
- The public and state finances may be affected indirectly through changes in wage enforcement, insurance premiums, payroll taxes, and competitive dynamics in bidding.
Procedural and timeline considerations
- The bill proposes a new civil action framework, with standing for interested parties to initiate actions on behalf of the Commonwealth.
- The action is not treated as a class action, but it may involve multiple affected employees if there is a common legal or factual issue.
- Arbitration cannot override the representative action; the action cannot be waived or compelled to arbitration.
- The excerpt does not provide specific effective dates or sunset provisions; further text would be needed to confirm effective date(s) and any transitional rules.
Notes
- The bill is labeled as a proposed act, introduced in the Massachusetts General Court accession year 2025-2026, with the sponsor listed as Senator Patrick M. O’Connor and several co-sponsors.
- The content excerpted here covers the core establishment of the private attorney general framework (Section 150D) and related definitions; full text would provide additional procedural details, penalties, and enforcement timelines.
Compiled from official sources — confirm details with the bill’s official record.
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