Strict Liability Standard for Prevailing Wage Law Violation

The Massachusetts high court has applied a strict liability standard to the prevailing wage law, similar to standards applicable to other employment wage laws.  The fact that one violation arose from a clerical error, discovered and rectified even before the citation issued, was no defense.  A contractor can be liable for penalties even for unintentional violations.  This is a cautionary tale for all contractors.

Lighthouse Masonry is an open shop masonry contractor.  When working on public projects, Lighthouse pays workers according to the tasks being performed; a worker performing laborer's tasks is paid at the laborers' rate, and a worker performing mason's tasks is paid at the masons' rate.  Lighthouse was cited for four violations, and one violation arose from a clerical error that had been discovered and corrected – with the proper wages paid to the worker – even before any citation was issued.  In its challenge to all citations, Lighthouse argued that it