Summary — S.1363 (Introduced 1/17/2025)
Note on materials provided
- The legislative text attached to this submission is for a Massachusetts bill titled “An Act relative to a prevailing wage for trash and recycling collectors, moving contractors, and motor bus pupil transporters” (filed as Senate No. 1363, presented by Jacob R. Oliveira). Some other metadata in the packet (a different short title about pesticide application, references to other states, and a different sponsor list) appear to be inconsistent or from a different measure. This summary focuses on the actual bill text provided (Massachusetts S.1363).
Purpose and intent
- Require that public contracts and requisitions in the Commonwealth include stipulations guaranteeing prescribed wage rates (including fringe benefits or equivalents) for three categories of workers: operators of rented equipment used on public works (e.g., truck operators including trash/recycling collectors), employees of moving contractors (office furniture/fixture movers), and employees of motor bus companies who transport pupils (school bus drivers). The intent is to extend prevailing‑wage protections and enforcement remedies to these worker categories.
Key provisions
- Amend Chapter 149 of the Massachusetts General Laws:
- Replace Section 27F to require public agreements/orders for trucks, vehicles, or equipment engaged in public works to include wage stipulations set by the Commissioner (including payments to health/welfare and pension plans or equivalent cash payments).
- Replace Section 27G to require public contracts for moving office furniture/fixtures to include prescribed wage stipulations set by the Commissioner (same fringe-pay rule).
- Insert new Section 27I to require contracts for pupil transportation entered by counties, cities, towns, or school districts to include prescribed wage stipulations for motor bus employees (as defined in Chapter 71 §7A).
- Contract validity: any contract, requisition, order, or lease lacking the required stipulation is invalid and no payment may be made under it.
- Enforcement and remedies:
- Violators who pay less than the prescribed wage (or accept rebates/gratuities) may be punished or cited under Section 27C.
- Affected employees may file a civil action (after 90 days from filing a complaint with the Attorney General, unless the AG consents earlier) within 3 years of the violation for injunctive relief, damages, lost wages and benefits.
- Prevailing employees are entitled to treble damages (as liquidated damages) for lost wages/benefits, plus litigation costs and reasonable attorney’s fees.
Who is affected
- Public bodies of the Commonwealth (state, counties, cities, towns, districts, school districts) when entering contracts, leases, requisitions, or orders that involve:
- Operators of rented trucks/vehicles/equipment engaged in public works (including trash and recycling collectors where these vehicles are used on public works contracts),
- Moving contractor employees (office moves),
- Motor bus employees transporting pupils.
- Contractors and subcontractors providing those services must comply with wage schedules set by the Commissioner; fiscal impact on public procurement budgets and contract pricing is likely.
Procedural status
- Filed/presented 1/17/2025 (Senate Docket No. 2408 / Senate No. 1363).
- Referred to the Committee on Labor and Workforce Development (per bill text). Legislative action records in the packet show multiple referrals/hearings with some date inconsistencies; verify current committee assignment and hearing schedule with the official legislative website.
Potential impacts and considerations
- Benefits: strengthens wage and fringe‑benefit protections; provides private enforcement avenue with treble damages to deter underpayment.
- Costs: may raise wage costs for public contracts (directly increasing procurement costs for municipal services and pupil transportation), potentially affecting contractor pricing and municipal budgets.
- Administrative: relies on the Commissioner to set job classifications and wage schedules; municipalities must ensure contract language contains required stipulations or risk invalid contracts.
Recommendation
- Confirm authoritative docket/legislative page for S.1363 to resolve conflicting metadata (pesticide title and differing sponsor lists) and to track committee action and fiscal analyses.
