Marsh v. Mass. Coastal Railroad LLCAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the district court denying Defendants' motion to dismiss Plaintiff's action alleging that defendant Massachusetts Coastal Railroad LLC (MCR) paid him less than the prevailing wage on State public works projects, holding that the trial court did not err.
In their motion to dismiss, MCR and its managing officer (together, Defendants), argued that the Interstate Commerce Commission Termination Act, 49 U.S.C. 10501 preempted the Prevailing Wage Act, Mass. Gen. Laws ch. 149, 26-27H, and therefore, the Commonwealth was precluded from enforcing the Act. The Supreme Judicial Court disagreed and affirmed, holding (1) Defendants failed to show that the Prevailing Wage Act was preempted; and (2) Plaintiff's allegations plausibly suggested a right to relief under the Act.