Donis v. American Waste Services, LLCAnnotate this Case
The Supreme Judicial Court reversed the order granting judgment to Plaintiffs on their claims under the Wage Act, Mass. Gen. Laws ch. 149, 148, 150, and the Prevailing Wage Act, Mass. Gen. Laws ch. 149, 26-27H, on the ground that by violating the Prevailing Wage Act, Defendants violated the Wage Act as well, holding that Plaintiffs may not avoid the limitations that the Prevailing Wage Act places on their recovery by pursuing an otherwise duplicative claim under the Wage Act.
Plaintiffs asserted that for several years they were paid less than the wages required by the Prevailing Wage Act. The motion judge granted partial summary judgment for Plaintiffs, concluding that Defendants' "chronic underpayment" of Plaintiffs constituted a plain violation of the Prevailing Wage Act and that Defendants' failure to pay Plaintiffs at the prescribed wage rates also constituted a violation of the Wage Act. The Supreme Judicial Court reversed the order allowing Plaintiffs' motion for partial summary judgment, holding that, whereas the Prevailing Wage Act and the Wage Act provide conflicting mechanisms to recover the same underpayment of wages, Plaintiffs may, in this instance, recover solely under the Prevailing Wage Act.