reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 17 - Entry of Places of Employment for Examinations and Investigations; Access to Records

Section 17. For the enforcement of the provisions of this chapter, the commissioner, the assistant commissioner and the associate commissioners, and the director, inspectors, and other representatives of the department of labor standards may enter places of employment, other than places of employment of persons engaged in domestic service in the home of the employer, and examine the methods of protection from accident, the means of escape from fire, the sanitary provisions, the lighting and means of ventilation, and make investigations as to the employment of minors and as to compliance with all provisions of this chapter, and shall have access to all records pertaining to wages, hours, and other conditions of employment which are found essential to such investigations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 18 - Duties of Industrial Health Inspectors Relative to Minors

Section 18. Every industrial health inspector shall inform himself concerning the health of all minors employed in factories within his district; and whenever he may deem it advisable or necessary, he shall call the ill health or physical unfitness of any minor to the attention of his parents, guardians or employer and of the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 18b - Confined Spaces; Ventilation; Longshore and Waterfront Operations

Section 18B. Before allowing employees to enter confined spaces where flammable, poisonous, asphyxiant, suffocant or anesthetic vapors, gases or dusts are likely to exist, the area shall be made free of the hazardous substance; employees shall be advised of the hazard; adequate ventilation shall be provided; and proper respiratory equipment shall be provided where necessary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 18c - Power Transmission Equipment; Longshore and Waterfront Operations

Section 18C. Power transmission equipment (such as gears, belts, pulleys, sprockets, etc.) shall be enclosed or guarded in a manner that will prevent accidental injury to workers.
Prime movers, machinery and equipment shall not be cleaned, adjusted or repaired while in motion. When, due to the process, it is not possible to shut down the machinery, extension swabs, brushes, scrapers or other extended tools shall be used to minimize employee hazards. Where the machine is equipped with lockable controls, the control shall be locked in the ''off'' position. Caution signs shall be placed on the controls of the machines during repair work.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 18d - Ropes, Hooks and Cranes; Use and Operation; Longshore and Waterfront Operations

Section 18D. All chains, wire ropes and fiber ropes shall be of sufficient strength to safely lift or otherwise handle the loads.
The use of deformed hooks or rings shall be discontinued.
All hooks, slings, bridles and fittings shall be of the correct size for the work to be done, and shall have sufficient strength to sustain the loads imposed upon them. Wire bridles shall have a covering of marlin, rubber hose or other suitable material for the protection of the employee's hands at the splice.
A crane, derrick, hoist or winch shall not be loaded beyond the rated capacity or safe working load, whichever is smaller.
The load shall be attached to the hook by means of slings or other suitable effective means, which shall be properly rigged to insure the safe handling of the load. Slings shall be free of kinks or twists before use.
No employee shall be required to or shall ride on loads, slings, hooks, buckets or skip boxes, except under conditions or exception covered by other orders of the division.
Operator shall never leave crane, hoist, derrick or winch while load is suspended unless the load is suspended over water or a barricaded area, or is blocked up or otherwise supported from below during repair or emergency.
Only qualified employees shall give signals. No one should give signals except employees who are specifically designated and authorized to do so by the employer. Operators shall not accept signals except from those specifically designated and authorized to give same.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 18e - Safety Precautions in Dangerous Undertakings; Longshore and Waterfront Operations

Section 18E. Persons working in locations where there is a hazard to the head or eyes shall be safeguarded by means of head or eye protection.
Protection may be required for persons working under conditions where there is a hazard to the body, hands or feet.
Safety belts shall be of approved type. Lifelines shall be of strength equivalent to one-half inch manila rope.
At least two life buoys or life rings with appropriate lines attached shall be kept in conveniently accessible places where employees' work exposes them to the hazard of drowning, or each employee so exposed shall wear a life vest. Life vests may be required for workers who are in constant and imminent danger of drowning.
Readily located ladders shall be provided on all docks, wharves or piers where employees' work exposes them to the hazard of drowning. The ladders shall reach from the floor of the structure to the lowest water elevation. Portable ladders shall be equipped with a substantial means to readily secure them to the structure.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 18h - Stop Signals; Longshore and Waterfront Operations

Section 18H. The employer shall provide blue stop signs for use by day and blue lights if night work is necessary, and shall cause them to be displayed before employees are permitted to work in, upon or under any standing railroad car or cars under conditions where unanticipated movement of such car or cars might endanger employees or equipment. The blue signals shall bear the word STOP in white letters not less than four inches in height on a blue background, and shall be placed on the track in a clear and unobstructed place. The signs shall be not less than twelve inches by fifteen inches in size. The signals shall be placed at a height of three to five feet, and not less than ten feet from either or both ends of the cars, as necessary to provide protection. The blue stop signals shall be placed and removed by one of the employees working in and about the cars. This employee shall be selected, instructed and directed by the employer in the safe procedures involved in placing and removing the blue stop signals.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 18i - Penalty for Violation of Secs. 18a to 18h; Longshore and Waterfront Operations

Section 18I. Any person violating any provision of the preceding sections eighteen A, eighteen B, eighteen C, eighteen D, eighteen E, eighteen F, eighteen G and eighteen H shall be punished by a fine of one thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 19c - Employment of Aliens Restricted; Regulations; Penalty

Section 19C. It shall be unlawful for any employer knowingly to employ any alien in the commonwealth, who is a student or visitor or, who has not been admitted to the United States for permanent residence, except those who are admitted under a work permit, or unless the employment of such alien is authorized by the attorney general of the United States. An employer shall not be deemed to have violated this section if he has made a bona fide inquiry whether a person hereafter employed or referred by him is a citizen or an alien, and if an alien, whether he is lawfully admitted to the United States for permanent residence, or admitted under a work permit, or is authorized by the attorney general of the United States to accept employment.
The commissioner shall promulgate regulations specifying the procedure to be followed by each employer to insure compliance with the provisions of this section.
Any person who violates any provision of this section shall be punished by a fine of not more than five hundred nor less than two hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 20 - Coercion of Agreement Not to Join a Labor Organization

Section 20. No person shall, himself or by his agent, coerce or compel a person into a written or oral agreement not to join or become a member of a labor organization as a condition of his securing employment or continuing in the employment of such person.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 20a - Relief Afforded by Contract Relative to Membership in a Labor or Employer Organization

Section 20A. No contract, whether written or oral, between any employee or prospective employee and his employer, prospective employer or any other person, whereby either party thereto undertakes or promises not to join or not to remain a member of some specified labor organization or any labor organization, or of some specified employer organization or any employer organization, and/or to withdraw from an employment relation in the event that he joins or remains a member of some specified labor organization or any labor organization, or of some specified employer organization or any employer organization or organizations, shall afford any basis for the granting of legal or equitable relief by any court against a party to such undertaking or promise.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 20b - Liability for Unlawful Acts of Officers, Members or Agents of an Organization

Section 20B. No officer or member of any association or organization, and no association or organization, participating or interested in a labor dispute, as defined in section twenty C, shall be held responsible or liable in any court for the unlawful acts of individual officers, members or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 20d - Solicitation, Acceptance or Payment of Money to Encourage or Discourage Formation or Functioning of a Labor Organization

Section 20D. No employer and no person retained or engaged by him as a labor relations expert, adviser or consultant or retained or engaged by such employer for the purpose of dealing or negotiating with any of his employees or with any labor organization representing or seeking to represent or organize such employees shall, himself or by his agent, pay or deliver or agree to pay or deliver, directly or indirectly, to any employee or to any group or committee of employees, nor shall any employee or labor union official solicit or accept from any employer or any person so retained or engaged by him, or his agent, any money or other thing of value for the purpose of encouraging or discouraging, or in any way interfering with, any employee or employees in exercising their rights to organize or to select a representative, or for the purpose of preventing the continued existence, operation or functioning of a labor organization; provided, however, that this section shall not apply to the payment of wages by such employer to an employee who is a union representative, to any payment for the purchase of goods at the prevailing market price from a union representative, to the payment of any debt, to the transfer of union dues properly withheld from the salaries or wages of employees, to payments to employees' trust or welfare funds, or to payments of salaries or fees to an employee, representative or agent for the performance of any lawful activity with respect to the expression of views or opinions in connection with pending employee elections or labor disputes or other matters involving relations between such employer and his employees. Whoever violates any provision of this section shall be punished by a fine of not more than three thousand dollars or by imprisonment in jail for not more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 21 - False Notices or Advertisement for Help or Employment

Section 21. Whoever knowingly causes to be printed or published a false or fraudulent notice or advertisement for help or for obtaining work or employment, or whoever, in an advertisement for help, if the person to be employed is required to purchase a particular article of value as a condition of his employment, fails to state that the offer of employment is contingent upon the purchase of such article and the purchase price of such article, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than three months, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 22 - Advertising for or Soliciting Employees During Labor Troubles; Notice to Employment Agency; Employment of Children

Section 22. If an employer, during the continuance of a strike, lockout or other labor trouble among his employees, publicly advertises in newspapers or by posters or otherwise for employees, or by himself or his agents solicits persons to work for him to fill the places of strikers, he shall plainly in type as prominent as the largest printed matter in the advertisement or poster and explicitly mention in such advertisements or oral or written solicitations that a strike, lockout or other labor trouble exists among his employees. Any such employer wishing to hire employees through an employment agency shall first notify such agency by registered mail of the fact that a strike, lockout or other labor trouble exists. No employer shall, during the continuance of a strike, lockout or labor dispute, hire a child without the written consent of his parent or legal guardian.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 22a - Professional Strikebreakers; Obstruction of Picketing

Section 22A. No person shall knowingly employ any professional strikebreaker in the place of an employee involved in a lockout or lawful strike. No professional strikebreaker shall take or offer to take the place in employment of an employee who is involved in a lockout or lawful strike. A ''professional strikebreaker'' is defined as a person who regularly and habitually earns a major portion of his livelihood by entering into employment where a lockout or strike exists to take the place of an employee whose work has ceased as a direct consequence of such lockout or strike.
No person shall engage in any activities or employ any person for the purpose of obstructing or interfering by force or threats with (1) peaceful picketing by employees during any labor controversy affecting wages, hours or conditions of labor, or (2) the exercise by employees of any of the rights granted employees under the provisions of chapter one hundred and fifty A or of the federal Labor-Management Relations Act of 1947.
This section shall not apply to the employment of any person whose services are necessary to ensure that the plant or other property of the employer involved in the strike or lockout is properly maintained and protected for the resumption at any time of normal operations.
Whoever violates any provisions of this section shall be punished by a fine of not more than two thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 23 - Filling Place of Employees; Size of Letters Mentioning Labor Troubles; Penalty

Section 23. No person, during the continuance of a strike, lockout or other labor trouble among his employees or those of another person, shall directly or indirectly procure or attempt to procure, or assist in any way in procuring or attempting to procure, persons to fill the places of employees involved in such strike, lockout or other labor trouble, if such persons are or have been solicited by means of advertisements or oral or written statements in which it has not been plainly and explicitly mentioned that a strike, lockout or other labor trouble exists in the establishment where such persons are to be employed. This provision shall apply whether such advertisements or oral or written solicitations were made within or without the commonwealth. In printed advertisements or in signs or posters, the mention of the strike, lockout or other labor trouble shall be in letters as large as the largest letters used in the body of said advertisement, sign or poster.
Any person violating any provision of this or the preceding section shall be punished by a fine of not more than two thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 23a - Armed Guards During Labor Troubles; Qualifications; Violation of Statute

Section 23A. No person, during the continuance of a strike, lockout or other labor trouble among his employees or those of another person, shall directly or indirectly employ or procure for the protection of such employees any armed guards other than watchmen regularly employed by such person, police officers or persons licensed under sections twenty-three to thirty, inclusive, of chapter one hundred and forty-seven or employees of such licensees; provided, that the foregoing shall not authorize the employing or procuring as aforesaid of any such licensee unless he shall have been so licensed at least two months prior to the commencement of such labor trouble, or of any employee of such a licensee unless such employee is a citizen of Massachusetts, and shall not have been convicted of a felony. Any person violating this section shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than six months, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 24 - Communications and Conduct During Labor Disputes

Section 24. No person shall be punished criminally, or held liable or answerable in any action at law or suit in equity, for persuading or attempting to persuade, by printing or otherwise, any other person to do anything, or to pursue any line of conduct not unlawful or actionable or in violation of any marital or other legal duty, unless such persuasion or attempt to persuade is accompanied by injury or threat of injury to the person, property, business or occupation of the person persuaded or attempted to be persuaded, or by disorder or other unlawful conduct on the part of the person persuading or attempting to persuade, or is a part of an unlawful labor dispute or unlawful secondary boycott, or is a part of an unlawful or actionable conspiracy and not a part of a lawful labor dispute, nor for attending in the course of a lawful labor dispute, at any place where such person or persons may lawfully be, for the purpose of peacefully obtaining or communicating information or of so persuading or attempting to persuade.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 24a - Dismissal or Refusal to Employ Certain Persons on Account of Age; Penalty

Section 24A. Whoever dismisses from private sector employment any person over the age of forty, or refuses to employ such person because of his age, except as permitted by subsection 17 of section 4 of chapter one hundred and fifty-one B, shall be punished by a fine of not more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 24b - Contract Provisions Preventing Employment of Certain Persons on Account of Age

Section 24B. Any provision in any contract, agreement or understanding entered into on or after September first, nineteen hundred and eighty-four, which shall prevent the private sector employment of any person over the age of forty because of his age, except as permitted by subsection 17 of section 4 of chapter one hundred and fifty-one B, shall be null and void.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 24c - Investigation of Complaints of Discrimination; Ascertainment of Age of Employees; Examination and Transcript of Records

Section 24C. The department shall investigate all complaints of discrimination, and for that purpose the commissioner or his authorized representative shall have full power and authority (1) to investigate and ascertain the age of each person employed within the commonwealth and (2) to enter any place of business or employment, other than places of employment of persons engaged in domestic service in the home of the employer, within the commonwealth for the purpose of examination and making a transcript of records in any way appertaining to or having a bearing upon the question of the age of any person so employed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 24d - Records of Ages of Employees; Copy Furnished to Commissioner; Violation of Statute

Section 24D. Every person shall keep true and accurate records of the ages of all persons employed by him, as far as practicable to do so, and shall upon demand furnish to the commissioner or his authorized representative a true copy of any such record, verified upon oath. Such records shall be open to investigation by the commissioner or his authorized representative at any reasonable time. Whoever violates any provision of this section shall be punished by a fine of not less than twenty-five nor more than one hundred dollars, and each day of failure to keep such records or to furnish such copies thereof, upon demand, to the commissioner or his authorized representative shall constitute a separate offence.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 24e - Hindering Investigation of Age Discrimination; Refusal of Information

Section 24E. Whoever hinders or delays an inspector of the department, or a duly authorized representative of the commissioner, in the performance of his duties in the investigation of a complaint under any provision of sections twenty-four A to twenty-four J, inclusive, or who refuses to admit any such inspector or representative to any place necessary for him to enter in the performance of such duty, or whoever refuses to give such inspector or representative such information that he may require for the proper enforcement of any provision of said sections, shall be punished by a fine of not less than twenty-five nor more than two hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 24f - Discharge of Employee for Furnishing Evidence or Testifying in Connection With Discrimination Complaint; Penalty

Section 24F. Whoever, personally or by his agent, shall discharge an employee for the reason that such employee has furnished evidence in connection with a complaint under any provision of said sections twenty-four A to twenty-four J, inclusive, or that such employee has testified in a judicial proceeding under any such provision, shall be punished by a fine of not less than fifty nor more than two hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 24g - Publication of Name of Employer Found to Be Violation of Provisions of Secs. 24a to 24j; Summons to Show Cause; Liability for Damages

Section 24G. If the commissioner or any of his authorized representatives has reason to believe that any employer has dismissed from private sector employment or has refused to employ any person over the age of forty because of his age, except as permitted by subsection 17 of section 4 of chapter one hundred and fifty-one B, the commissioner may, on ten days' notice, summon such employer to appear before him to show cause why the name of such employer should not be published as having failed to observe the provisions of sections twenty-four A to twenty-four J, inclusive. After such hearing and the finding by the commissioner of nonobservance of the provisions of said sections, the commissioner may cause to be published in a newspaper or newspapers circulating within the commonwealth or in such other manner as such commissioner may deem appropriate, the name of such employer as having failed to observe the provisions of said sections. Neither the commissioner nor any of his authorized representatives, nor any newspaper publisher, proprietor, editor, nor employee thereof shall be liable to an action for damages for publishing the name of any employer as provided for in this section, unless guilty of some wilful misrepresentation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 24h - Appeal From Decision of Commissioner

Section 24H. Any person aggrieved by any decision of the commissioner under any provision of sections twenty-four A to twenty-four G, inclusive, may appeal to the superior court, for a review thereof within thirty days after the recommendation of such decision. Sections sixteen to twenty, inclusive, of chapter one hundred and fifty-one shall apply to and govern any such appeal.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 24j - Severability of Secs. 24a to 24i

Section 24J. If any part or subdivision of any of sections twenty-four A to twenty-four I, inclusive, or the application thereof, shall be held invalid, unconstitutional or inoperative as to any particular person, condition or circumstance, the remainder thereof, or the application of any such part or subdivision to any other person, condition or circumstance, shall not be affected thereby.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 25 - Lodging, Board and Trade of Public Employees; Statute Part of Employment Contract

Section 25. Every employee in public work shall lodge, board and trade where and with whom he elects; and no person or his agents or employees under contract with the commonwealth, a county, city or town, or with a department, board, commission or officer acting therefor, for the doing of public work shall directly or indirectly require, as a condition of employment therein, that the employee shall lodge, board or trade at a particular place or with a particular person. This section shall be made a part of the contract for such employment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 27a - Appeals From Classifications and Wage Determinations

Section 27A. Within five days from the date of the first advertisement or call for bids, two or more employers of labor, or two or more members of a labor organization, or the awarding officer or official, or five or more residents of the town or towns where the public works are to be constructed, may appeal to the commissioner or his designee from a wage determination, or a classification of employment as made by the commissioner, by serving on the commissioner a written notice to that effect. Thereupon the commissioner or his designee shall immediately hold a public hearing on the action appealed from. The commissioner or his designee shall render his decision not later than three days after the closing of the hearing. The decision of the commissioner or his designee shall be final and notice thereof shall be given forthwith to the awarding official or public body.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 27d - ''construction'' and ''constructed'' Defined

Section 27D. Wherever used in sections twenty-six to twenty-seven C, inclusive, the words ''construction'' and ''constructed'' as applied to public buildings and public works shall include additions to and alterations of public works, the installation of resilient flooring in, and the painting of, public buildings and public works; certain work done preliminary to the construction of public works, namely, soil explorations, test borings and demolition of structures incidental to site clearance and right of way clearance; and the demolition of any building or other structure ordered by a public authority for the preservation of public health or public safety.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 27e - Employment of Residents in Highway Districts

Section 27E. At least seventy-five per cent of the persons employed by the department of highways to work in connection with the construction, reconstruction, alteration or repair of any public works, in positions other than those subject to the civil service laws and rules and regulations, shall be residents in the highway district, as then established by said department or its successor in office, in which the work is being done.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 27f - Wages of Operators of Rented Equipment; Agreements; Penalty; Civil Action

Section 27F. No agreement of lease, rental or other arrangement, and no order or requisition under which a truck or any automotive or other vehicle or equipment is to be engaged in public works by the commonwealth or by a county, city, town or district, shall be entered into or given by any public official or public body unless said agreement, order or requisition contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to the operators of said trucks, vehicles or equipment. Any such agreement, order or requisition which does not contain said stipulation shall be invalid, and no payment shall be made thereunder. Said rates of wages shall be requested of said commissioner by said public official or public body, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said operators.
Whoever pays less than said rates of wages, including payments to health and welfare funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said wages or health and welfare funds, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.
An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 27g - Wages of Employees of Moving Contractors; Contracts; Injunctive Relief; Damages

Section 27G. No contract for the moving of office furniture and fixtures shall be entered into or given by the commonwealth or by a county, city, town or district unless said contract contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to the employees of a moving contractor. Any such contract which does not contain said stipulation shall be invalid, and no payment shall be made thereunder. Said rates of wages shall be requested of the commissioner by the commonwealth or by a county, city, town or district, and shall be furnished by the commissioner in a schedule containing the classifications of jobs and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees.
An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 27h - Wages of Employees of Maintenance or Cleaning Contractors; Contracts; Civil Action

Section 27H. No agreement or contract providing for the cleaning and maintenance of public buildings or space rented by the commonwealth, shall be entered into or given by the commonwealth unless said contract or agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioners, to be paid to the employees of the maintenance or cleaning contractor. Any such contract which does not contain said stipulation shall be invalid, and no payment shall be made thereunder. Said rates of wages shall be requested of the commissioner, and shall be furnished by the commissioner in a schedule containing the classifications of jobs and rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans and pension plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Whoever pays less than said rates of wages, including payments to health and welfare funds and pension funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person as a rebate, gratuity or in any other guise, any part or portion of said wages, health and welfare funds or pension funds, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.
An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits. Any employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 28 - Right of Action Against City or Town for Labor; Filing Statement; Fee; Limitations

Section 28. A person to whom a debt is due for labor performed in constructing a building, sewer or drain, or water works or other public works owned by a city or town, under a contract with any person having authority from or rightfully acting for such city or town in furnishing such labor, shall have a right of action against such city or town to recover such debt if, within thirty days after he ceases to perform such labor, he files in the clerk's office of the city or town against which he claims such right of action a written statement under oath of the amount of the debt so due to him, and the names of the persons for whom and by whose employment the labor was performed and pays to the said clerk the fee provided by clause (61) of section thirty-four of chapter two hundred and sixty-two, and if, within sixty days after he ceases to perform such labor, he commences such action. Such right of action shall not be lost by reason of a mistake in stating the amount due; but the claimant shall not recover as damages a larger amount than is named in such statement as due to him, with interest. No person who has contracted to furnish labor other than his own in such construction shall have such right of action.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 29a - Enforcement of Surety Bonds by Persons Furnishing Labor or Materials on Private Building Projects

Section 29A. Whenever any surety bond shall be given in connection with any written contract for the erection, alteration, repair or removal of any private building or structure upon privately owned land, containing a condition for the payment of all labor and material used or reasonably required for use in the performance of the contract, any person who furnishes such labor or materials shall be entitled to sue for his own use and benefit upon such bond in accordance with its provisions and need not prove that he relied upon the bond in furnishing labor or material.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 29b - Waiver or Cancellation of Payment Bond

Section 29B. No provision in specifications inviting bids for construction work reserving the right to waive or cancel the requirement for furnishing a payment bond shall be valid as a defense against a claimant who relied upon the provision requiring the furnishing of the payment bond unless that reservation appears in the specifications immediately following the provision requiring the furnishing of the payment bond.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 29c - Indemnification as Part of Contract

Section 29C. Any provision for or in connection with a contract for construction, reconstruction, installation, alteration, remodeling, repair, demolition or maintenance work, including without limitation, excavation, backfilling or grading, on any building or structure, whether underground or above ground, or on any real property, including without limitation any road, bridge, tunnel, sewer, water or other utility line, which requires a subcontractor to indemnify any party for injury to persons or damage to property not caused by the subcontractor or its employees, agents or subcontractors, shall be void.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 29d - Surety Company; Bonds

Section 29D. Every bid bond, every performance bond and every payment bond issued for any construction work in the commonwealth shall be the bond of a surety company organized pursuant to section 105 of chapter 175 or of a surety company authorized to do business in the commonwealth under the provisions of section 106 of said chapter 175 and be approved by the U.S. Department of Treasury and are acceptable as sureties and reinsurers on federal bonds under Title 31 of the United States Code, sections 9304 to 9308.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 30 - Eight Hour Day and Six Day Week; Emergencies; Work on Highways

Section 30. The service of all laborers, workmen, mechanics, foremen and inspectors now or hereafter employed by the commonwealth or any county therein or any town which, by vote of the city council, or of the voters at a town meeting, accepts this section or has accepted section one of chapter two hundred and forty of the General Acts of nineteen hundred and sixteen, or by any contractor or sub-contractor for or upon any public works of the commonwealth or of any county therein or of any such town is hereby restricted to eight hours in any one day, to forty-eight hours in any one week, and to six days in any one week. No officers of the commonwealth, except as provided herein, or of any county or of any such town, no such contractor or sub-contractor or other person whose duty it is to employ, direct or control the service of such laborers, workmen, mechanics, foremen or inspectors shall require or permit any such laborer, workman, mechanic, foreman or inspector to work more than eight hours in any one day, or more than forty-eight hours in any one week, or more than six days in any one week, except in cases of emergency. The provisions of this section shall not prohibit the employment by the state department of highways, or by any contractor or sub-contractor for said department, of laborers, workmen, mechanics, foremen or inspectors for more than eight hours in any one day in the construction or reconstruction of highways when, in the opinion of the attorney general, public necessity so requires.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 30a - Tours of Duty and Hours of Work of State Employees; Regulations

Section 30A. Notwithstanding any other provision of this chapter or other general or special law, the service of all persons employed by the commonwealth is hereby restricted to five tours of duty in any one work week, and to such hours in any one work week, not less than thirty-seven and one half hours, except in the case of part-time employment, nor more than forty hours, and with like hours for like tour of duty classes, as determined by the personnel administrator, in accordance with section forty-five of chapter thirty, and the tour of duty is hereby restricted to eight hours, and such tour of duty shall be arranged to fall within a period not exceeding ten consecutive hours; provided, that this section shall not apply to the state police uniformed force and detectives, conservation officers, coastal wardens, employees engaged in forest fire observation, investigators and examiners and other employees of the registry of motor vehicles having police powers under section twenty-nine of chapter ninety, labor relations examiners, teachers, armorers, elected officers, appointees of the governor, heads of departments and divisions and their deputies and assistants, confidential secretaries, scrub women, cleaners or incumbents of the positions of superintendents, assistant superintendents, wardens, deputy wardens, stewards, physicians, dentists, head farmers, business managers, chief power plant engineers at mental health, mental retardation, public health, public welfare and correction institutions, state-operated veterans' homes and agencies under the jurisdiction of the department of youth services; the manager of the boarding hall at the University of Massachusetts; the adjutant or assistant adjutants, directors of engineering services and directors of business services of the state-operated veterans' homes; the construction and maintenance supervisor at the reformatory for women; the state farm master at the state farm; members of the Massachusetts military reservation fire department; members of the 104th fighter wing fire department; members of the Devens fire department established pursuant to chapter 498 of the acts of 1993; and such other employees as may be exempted therefrom or any part thereof by a rule or rules of the personnel administrator. Said administrator is empowered to make rules and regulations, subject to the approval of the commissioner of administration, to carry out the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 30b - Overtime of State Employees; Regulations

Section 30B. All service in excess of eight hours in any one tour of duty or forty hours in any one work week rendered by any employee of the commonwealth at the request of an officer of the commonwealth or other person whose duty it is to employ, direct or control such employee, except the state police uniformed force and detectives, fire prevention engineer, boatswain coastal patrol boat, captain coastal patrol boat, coastal warden coastal patrol boat, coastal warden engineer coastal patrol boat, industrial relations adjuster, labor relations examiners, teachers, armorers, elected officers, appointees of the governor, heads of departments and divisions and their deputies and assistants, confidential secretaries, incumbents of the positions of superintendents, assistant superintendents, deputy superintendents, stewards, physicians, dentists, head farmers, business manager, institutions chief power plant engineers at mental health, intellectual disability, public health, correctional institutions, state-operated veterans' homes and agencies under the jurisdiction of the department of youth services, the manager of the boarding hall at the University of Massachusetts, the adjutants of the state-operated veterans' homes, and any employees while on full travel status, shall be compensated for at the rate of one and one half times the regular hourly rate of said employee for every hour or fraction thereof of such services rendered. The personnel administrator is empowered to make rules and regulations, subject to the approval of the commissioner of administration, to carry out the provisions of this section.