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SENATE DOCKET, NO. 592 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 1210
The Commonwealth of Massachusetts
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PRESENTED BY:
Marc R. Pacheco
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to a prevailing wage for trash and recycling collectors, moving contractors, and
motor bus pupil transporters.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Marc R. PachecoThird Bristol and Plymouth 1 of 4
SENATE DOCKET, NO. 592 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 1210
By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1210) of Marc R. Pacheco for
legislation relative to a prevailing wage for trash and recycling collectors, moving contractors,
and motor bus pupil transporters. Labor and Workforce Development.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1237 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to a prevailing wage for trash and recycling collectors, moving contractors, and
motor bus pupil transporters.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 149 of the Massachusetts General Laws is hereby amended by
2striking Section 27F and inserting in place thereof the following section:
3 Section 27F: Wages of operators of rented equipment; agreements; penalty; civil action
4 Section 27F. No agreement of lease, rental or other arrangement, and no order or
5requisition under which a truck or any automotive or other vehicle or equipment is to be engaged
6in public works by the Commonwealth or by a county, city, town or district, shall be entered into
7or given by any public official or public body unless said agreement, order or requisition
8contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to
9be paid to the operators of said trucks, vehicles or equipment. Any such agreement, order or 2 of 4
10requisition which does not contain said stipulation shall be invalid, and no payment shall be
11made thereunder. Said rates of wages shall be requested of said commissioner by said public
12official or public body, and shall be furnished by the commissioner in a schedule containing the
13classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall
14include payments to health and welfare plans, pension plans, or, if no such plan is in effect
15between employers and employees, the amount of such payments shall be paid directly to said
16operators.
17 Whoever pays less than said rates of wages, including payments to health and welfare
18funds, pension plans or the equivalent in wages, on said works, and whoever accepts for his own
19use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or
20portion of said wages or health and welfare funds, pension plans shall have violated this section
21and shall be punished or shall be subject to a civil citation or order as provided in section 27C.
22 An employee claiming to be aggrieved by a violation of this section may, 90 days after
23the filing of a complaint with the attorney general, or sooner if the attorney general assents in
24writing, and within 3 years after the violation, institute and prosecute in his own name and on his
25own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
26any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who
27prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost
28wages and other benefits and shall also be awarded the costs of the litigation and reasonable
29attorneys' fees.
30 SECTION 2. Chapter 149 of the Massachusetts General Laws is hereby amended by
31striking Section 27G and inserting in place thereof the following section: 3 of 4
32 Section 27G: Wages of employees of moving contractors; contracts; injunctive relief;
33damages
34 Section 27G. No contract for the moving of office furniture and fixtures shall be entered
35into or given by the commonwealth or by a county, city, town or district unless said contract
36contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to
37be paid to the employees of a moving contractor. Any such contract which does not contain said
38stipulation shall be invalid, and no payment shall be made thereunder. Said rates of wages shall
39be requested of the commissioner by the commonwealth or by a county, city, town or district,
40and shall be furnished by the commissioner in a schedule containing the classifications of jobs
41and the rate of wages to be paid for each job. Said rates of wages shall include payments to
42health and welfare plans, pension plans or, if no such plan is in effect between employers and
43employees, the amount of such payments shall be paid directly to said employees.
44 An employee claiming to be aggrieved by a violation of this section may, 90 days after
45the filing of a complaint with the attorney general, or sooner if the attorney general assents in
46writing, and within 3 years after the violation, institute and prosecute in his own name and on his
47own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
48any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who
49prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost
50wages and other benefits and shall also be awarded the costs of the litigation and reasonable
51attorneys' fees.
52 SECTION 3. Chapter 149 of the Massachusetts General Laws is hereby amended by
53inserting the following section: 4 of 4
54 Section 27I: Wages of school bus drivers; contracts; injunctive relief; damages
55 Section 27I. No contract for the transportation of pupils in the Commonwealth shall be
56entered into or given by a county, city, town or school district unless said contract contains a
57stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to
58the employees of a motor bus company as defined by Section 7A of Chapter 71 of the
59Massachusetts General Laws. Any such contract which does not contain said stipulation shall be
60invalid, and no payment shall be made thereunder. Said rates of wages shall be requested of the
61commissioner by the Commonwealth or by a county, city, town or school district, and shall be
62furnished by the commissioner in a schedule containing the classifications of jobs and the rate of
63wages to be paid for each job. Said rates of wages shall include payments to health and welfare
64plans, pension plans or, if no such plan is in effect between employers and employees, the
65amount of such payments shall be paid directly to said employees.
66 An employee claiming to be aggrieved by a violation of this section may, 90 days after
67the filing of a complaint with the attorney general, or sooner if the attorney general assents in
68writing, and within 3 years after the violation, institute and prosecute in his own name and on his
69own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
70any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who
71prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost
72wages and other benefits and shall also be awarded the costs of the litigation and reasonable
73attorneys' fees.