Healey, Campbell push legislation to fight wage theft

State House News Service
September 20, 2023

Vulnerable workers, including immigrants who do not know their rights or are fearful of employer retaliation, could gain stronger protections against pervasive wage theft under legislation that is supported by Attorney General Andrea J. Campbell and Gov. Maura T. Healey but has failed to win over Democrats on Beacon Hill for years.

Campbell on Sept. 19 publicly voiced her support for proposals that would strengthen her office’s authority to crack down on wage theft and protect Massachusetts from lost economic growth, jobs, and taxes. The latest version of the bill is being billed as a compromise between labor and business.

Legislation sponsored by Rep. Daniel Donahue and Sen. Sal DiDomenico (H. 1868 / S. 1158) would allow Campbell to file a civil action seeking injunctive relief for damages, lost wages, and other benefits for workers. Campbell also would have the authority to investigate wage theft complaints and seek civil remedies for violations, as well as to issue stop-work orders against contractors or businesses who are violating wage theft provisions.

“Access to a decent paying job and benefits is absolutely essential to ensuring economic security for individuals and their families,” Campbell told the Joint Committee on Labor and Workforce Development during a hearing on Sept. 19. “We know passing a strong, and smart, and effective wage bill is crucial.”

Some $1 billion in wages are stolen each year in the commonwealth by employers and contractors, and workers recoup less than 2 percent of their stolen pay, according to data from the Wage Theft Coalition led by the Massachusetts AFL-CIO. When DiDomenico first filed his bill in 2015, stolen wages totaled roughly $300 million, he told the committee.

 

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Financial Fraud and Wage Theft Continue to Plague Construction Industry

Cases of fraud and wage violations continue to soil the image of the construction industry during this labor shortage

FEBRUARY 28, 2019

Every week there seems to be yet another item in the news about contractors being charged with fraud, wage theft and more. This week is no different, unfortunately.

Meanwhile in Massachusetts, a state that has been under scrutiny for construction wage theft, Attorney General Maura Healy issued 165 civil citations against 66 construction companies in 2018. According to a press release from the Attorney General, restitution in 2018 exceeded $1.47 million for more than 1,030 employees, and the companies were fined more than $1.23 million.

Wage Theft Big Problem in Massachusetts Construction Industry

Violations included:

  • Failure to page proper wages
  • Failure to pay overtime
  • Retaliation
  • Failure to furnish records for inspection
  • Failure to pay prevailing wage
  • failure to submit true and accurate certified payroll records
  • Failure to register and pay apprentices appropriately

“Workers in the construction industry are particularly vulnerable to wage theft from dishonest contractors who cheat their workers,” said AG Healey. “As Massachusetts undergoes a historic construction boom, my office will continue to fight for exploited workers and ensure they are paid the wages they earn.”

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Cambridge Takes Steps to Protect Workers from Wage Theft (MA)

Richard Rogers and Darlene Lombos
03/18/2016

This week, workers in Cambridge, Massachusetts, gained new protections for making sure they are paid fairly and on time. On March 14, city manager Richard Rossi signed an executive order establishing certification requirements for vendors bidding on city contracts. The measure seeks to prevent wage theft, which is the improper withholding of payment from employees and the failure to pay employees according to required schedules. Wage theft most often involves employers paying less than the minimum, contracted or prevailing wage, not paying for all hours worked, or not paying overtime for hours exceeding 40 per week. But wage theft can take many forms—employers may never send the final paycheck or may misclassify workers as independent contractors.

“This executive order is a clear indication of Cambridge’s continuing commitment to wage justice,” Rossi said. “The provisions put into effect today provide the city the protections that are needed to ensure that we are dealing with quality contractors. We have created a simple and fair process for both the city and for our contractors.”

Under the executive order, vendors bidding on city contracts will be required to certify their compliance with federal and state wage law with the city, and if the vendors have previous violations, they are required to disclose them and provide a wage bond for the duration of the contract. These measures strengthen the city’s ability to hire vendors that treat their employees fairly.

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