Massachusetts' law regarding wage payment can be found in Part I, Title XXI, Chapter 149 of the General Laws of Massachusetts.
CHAPTER 149. LABOR AND INDUSTRIES.

• Chapter 149: Section 148. Payment of wages; commissions; exemption by contract; persons deemed employers; provision for cashing check or draft; violation of statute.
• Chapter 149: Section 148A. Employees seeking rights under provisions of this chapter; discharge or discrimination; punishment.
• Chapter 149: Section 148B. Persons performing service not authorized under this chapter deemed employees; exception.
• Chapter 149: Section 150 Complaint for violation of certain sections; defenses; payment after complaint; assignments; loan of wages to employer; civil action.
• Chapter 149: Section 150A. Notification of deductions or contributions.
• Chapter 149: Section 150B. Fees or assessments other than those chargeable under union constitution and by-laws.
• Chapter 149: Section 150C. Improper expenditure of withholdings or deductions from wages; penalties.
• Chapter 149: Section 151. Payment on pay day before close of working hours.
• Chapter 149: Section 152. Deductions for coming late to work.
• Chapter 149: Section 152A. Payment to, or retention by, employer of tips to employees; contract for payment.
• Chapter 149: Section 153. Grading work of weavers; imperfections affecting wages; conditions precedent to fines.
• Chapter 149: Section 154. Employer's fine upon weaver for imperfections; violations of statutes.
• Chapter 149: Section 155. Specifications as to work and wages for weavers, frame tenders, warpers, web drawers and operatives paid by the pound.
• Chapter 149: Section 157A. Employees paid by piece; tickets stating basis of remuneration; posting statement of amount of pay earned.
• Chapter 149: Section 158. Stopped machinery; deductions from wages; making up lost time; penalty.
• Chapter 149: Section 158A. Work without compensation.
• Chapter 149: Section 159. Discharge of employee without notice.
• Chapter 149: Section 159A. Payment over of tips; sign stating percentage employee retains; regulations; enforcement of statute.
• Chapter 149: Section 159B. Reimbursement of expenses for medical examinations.
• Chapter 149: Section 178A. Wage payment; Employee who dies intestate; Handling of wages or salary due.
• Chapter 149: Section 178C. Wage payment, public employment; Event of death of employee; Handling of wages/moneys due.

Section 148. Every person having employees in his service shall pay weekly or bi-weekly each such employee the wages earned by him to within six days of the termination of the pay period during which the wages were earned if employed for five or six days in a calendar week, or to within seven days of the termination of the pay period during which the wages were earned if such employee is employed seven days in a calendar week, or in the case of an employee who has worked for a period of less than five days, hereinafter called a casual employee, shall, within seven days after the termination of such period, pay the wages earned by such casual employee during such period, but any employee leaving his employment shall be paid in full on the following regular pay day, and, in the absence of a regular pay day, on the following Saturday; and any employee discharged from such employment shall be paid in full on the day of his discharge, or in Boston as soon as the laws requiring pay rolls, bills and accounts to be certified shall have been complied with; and the commonwealth, its departments, officers, boards and commissions shall so pay every mechanic, workman and laborer employed by it or them, and every person employed in any other capacity by it or them in any penal or charitable institution, and every county and city shall so pay every employee engaged in its business the wages or salary earned by him, unless such mechanic, workman, laborer or employee requests in writing to be paid in a different manner; and every town shall so pay each employee engaged in its business if so required by him; but an employee absent from his regular place of labor at a time fixed for payment shall be paid thereafter on demand; provided, however, that the department of telecommunications and energy, after hearing, may authorize a railroad corporation or a parlor or sleeping car corporation to pay the wages of any of its employees less frequently than weekly, if such employees prefer less frequent payments, and if their interests and the interests of the public will not suffer thereby; and provided, further, that employees engaged in a bona fide executive, administrative or professional capacity as determined by the attorney general and employees whose salaries are regularly paid on a weekly basis or at a weekly rate for a work week of substantially the same number of hours from week to week may be paid bi-weekly or semi-monthly unless such employee elects at his own option to be paid monthly; and provided, further, that employees engaged in agricultural work may be paid their wages monthly; in either case, however, failure by a railroad corporation or a parlor or sleeping car corporation to pay its employees their wages as authorized by the said department, or by an employer of employees engaged in agricultural work to pay monthly the wages of his or her employees, shall be deemed a violation of this section; and provided, further, that an employer may make payment of wages prior to the time that they are required to be paid under the provisions of this section, and such wages together with any wages already earned and due under this section, if any, may be paid weekly, bi-weekly, or semi-monthly to a salaried employee, but in no event shall wages remain unpaid by an employer for more than six days from the termination of the pay period in which such wages were earned by the employee. For the purposes of this section the words salaried employee shall mean any employee whose remuneration is on a weekly, bi-weekly, semi-monthly, monthly or annual basis, even though deductions or increases may be made in a particular pay period. The word ""wages'' shall include any holiday or vacation payments due an employee under an oral or written agreement. An employer, when paying an employee his wage, shall furnish to such employee a suitable pay slip, check stub or envelope showing the name of the employer, the name of the employee, the day, month, year, number of hours worked, and hourly rate, and the amounts of deductions or increases made for the pay period.

Every railroad corporation shall furnish each employee with a statement accompanying each payment of wages listing current accrued total earnings and taxes and shall also furnish said employee with each such payment a listing of his daily wages and the method used to compute such wages.

This section shall apply, so far as apt, to the payment of commissions when the amount of such commissions, less allowable or authorized deductions, has been definitely determined and has become due and payable to such employee, and commissions so determined and due such employees shall be subject to the provisions of section one hundred and fifty.

This section shall not apply to an employee of a hospital which is supported in part by contributions from the commonwealth or from any city or town, nor to an employee of an incorporated hospital which provides treatment to patients free of charge, or which is conducted as a public charity, unless such employee requests such hospital to pay him weekly. This section shall not apply to an employee of a co-operative association if he is a shareholder therein, unless he requests such association to pay him weekly, nor to casual employees as hereinbefore defined employed by the commonwealth or by any county, city or town.

No person shall by a special contract with an employee or by any other means exempt himself from this section or from section one hundred and fifty. The president and treasurer of a corporation and any officers or agents having the management of such corporation shall be deemed to be the employers of the employees of the corporation within the meaning of this section. Every public officer whose duty it is to pay money, approve, audit or verify pay rolls, or perform any other official act relative to payment of any public employees, shall be deemed to be an employer of such employees, and shall be responsible under this section for any failure to perform his official duty relative to the payment of their wages or salaries, unless he is prevented from performing the same through no fault on his part.

Any employer paying wages to an employee by check or draft shall provide for such employee such facilities for the cashing of such check or draft at a bank or elsewhere, without charge by deduction from the face amount thereof or otherwise, as shall be deemed by the attorney general to be reasonable. The state treasurer may in his discretion in writing exempt himself and any other public officer from the provisions of this paragraph.

An employer paying his employees on a weekly basis on July first, nineteen hundred and ninety-two shall, prior to paying said employees on a bi-weekly basis, provide each employee with written notice of such change at least ninety days in advance of the first such bi-weekly paycheck.

Whoever violates this section shall be punished or shall be subject to a civil citation or order as provided in section 27C.

Chapter 149: Section 148A. Employees seeking rights under provisions of this chapter; discharge or discrimination; punishment.

Section 148A. No employee shall be penalized by an employer in any way as a result of any action on the part of an employee to seek his or her rights under the wages and hours provisions of this chapter.

Any employer who discharges or in any other manner discriminates against any employee because such employee has made a complaint to the attorney general or any other person, or assists the attorney general in any investigation under this chapter, or has instituted, or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceedings, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.

Chapter 149: Section 148B. Persons performing service not authorized under this chapter deemed employees; exception.

Section 148B. For the purpose of this chapter, individuals performing any service, except as authorized under this chapter, shall be deemed to be employees under this section unless it is shown that: such individual has been and will continue to be free from control and direction in connection with the performance of such service under his contract; and such service is performed either outside the usual course of the business for which the service is performed or is performed outside of all places of business of the enterprise; and, such individual is customarily engaged in an independently established occupation, profession or business of the same nature as that involved in the service performed. The failure to withhold federal or state income taxes, unemployment compensation or workers compensation from an employee's wages shall not be used for the purposes of making a determination under this section. The president and treasurer of a corporation and any officer or agent having the management of such corporation shall be deemed the employer within the meaning of this section.

Whoever violates this section shall be punished or shall be subject to a civil citation or order as provided in section 27C.

Chapter 149: Section 149. Summons and warrant for violations of sec. 148.

Section 149. A justice or clerk of a district court, or a trial justice, may upon the application of any employee issue a summons to an employer to appear and show cause why a warrant should not issue against him for a violation of section one hundred and forty-eight. Upon the return of such summons and after a hearing the justice may issue a warrant upon the complaint of any such employee.

Chapter 149: Section 150 Complaint for violation of certain sections; defenses; payment after complaint; assignments; loan of wages to employer; civil action

The attorney general may make complaint or seek indictment against any person for a violation of section 148. On the trial no defence for failure to pay as required, other than the attachment of such wages by trustee process or a valid assignment thereof or a valid set-off against the same, or the absence of the employee from his regular place of labor at the time of payment, or an actual tender to such employee at the time of payment of the wages so earned by him, shall be valid. The defendant shall not set up as a defence a payment of wages after the bringing of the complaint. An assignment of future wages payable weekly under section one hundred and forty-eight shall not be valid if made to the person from whom such wages are to become due or to any person on his behalf, or if made or procured to be made to another person for the purpose of relieving the employer from the obligation to pay weekly. A loan made by an employee to his employer of wages which are payable weekly under section one hundred and forty-eight, whether made directly to the employer or to another person or persons on his behalf, shall not be valid as a defense on the trial of a complaint for failure to pay such wages weekly, unless such loan shall have been made with the approval of the attorney general.

An employee claiming to be aggrieved by a violation of sections 33E, 148, 148A, 148B, 150C, 152, 152A or 159C or section 19 of chapter 151 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.

Chapter 149: Section 150A. Notification of deductions or contributions.

Section 150A. Every person making a deduction from wages of any employee for social security, unemployment compensation benefits, pension, vacation or health and welfare funds, state taxes, federal taxes, dues check-off and credit unions and every person engaged in contracting or sub-contracting, highway or building construction projects or public works construction who is party to an agreement to make contributions for unemployment compensation benefits, pension, vacation or health and welfare funds, apprentice training programs, federal tax, state tax, dues check-off or contributions to a credit union for the benefit of any employee, or who is required to make such contributions to such funds or programs or payments directly to an employee under the provisions of section twenty-seven, and which contributions or payments are computed on an hourly, daily, weekly or monthly basis, shall furnish each such employee a suitable pay slip, check stub or envelope, notifying such employee of the amount of each such deduction or contribution at the time of the payment of wages from which such deduction is made and in the case of a contribution at the time when such contribution is made; provided, however, that a new employee shall be notified in writing at the time of the first payment of his wages about the nature of such deduction or contribution; and provided, further, that each such employee shall be notified in writing at the initial time of any new deduction or contribution from the wages about the nature of such deductions and contributions.

Chapter 149: Section 150B. Fees or assessments other than those chargeable under union constitution and by-laws.

Section 150B. No labor union, or person acting in its behalf, shall require any person, as a condition of securing or continuing employment, to pay any fee or assessment other than such initiation fees, dues and assessments as are, by the constitution and by-laws of such union, chargeable upon members thereof. Any union or person violating any provision of this section shall be punished by a fine of not less than five hundred dollars.

Chapter 149: Section 150C. Improper expenditure of withholdings or deductions from wages; penalties.

Section 150C. Any person having employees in his service who withholds or deducts wages from employees for the purpose of purchasing or contributing toward the purchase of a blanket or general policy of insurance pursuant to section one hundred and ten of chapter one hundred and seventy-five and who fails to purchase such coverage or keep such coverage in force shall be punished by one or any combination of the following: by imprisonment in a jail or house of correction for not more than six months, by a fine of not more than one thousand dollars, by being required to reimburse employees for any wages withheld or deducted that were not put toward the use for which they were withheld or deducted, or by being required to pay for all costs incurred by an employee that would have been paid for or reimbursed by insurance if such insurance coverage had been in force.

Chapter 149: Section 151. Payment on pay day before close of working hours.

Section 151. Persons carrying on any manufacturing business employing one hundred or more persons shall, on the day chosen as pay day, pay such of their employees as are on that day working in the manufacturing establishment, before the close of the regular working hours.

Chapter 149: Section 152. Deductions for coming late to work.

Section 152. There shall not be deducted from the wages of an employee in any factory, workshop, manufacturing, mechanical or mercantile establishment, or from the wages of a mechanic, workman or laborer, on account of the employee's coming late to work, a sum in excess of the proportionate wage which would have been earned during the time actually lost. Whoever violates this or the preceding section shall be punished by a fine of not more than fifty dollars.

Chapter 149: Section 152A. Payment to, or retention by, employer of tips to employees; contract for payment.

Section 152A. No employer or other person shall solicit, demand, request or accept from any employee engaged in the serving of food or beverage any payment of any nature from tips or gratuities received by such employee during the course of his employment, or from wages earned by such employee or retain for himself any tips or gratuities given directly to the employer for the benefit of the employee, as a condition of employment; and no contract or agreement between an employer or other person and an employee providing for either of such payments shall afford any basis for the granting of legal or equitable relief by any court against a party to such contract or agreement. If an employer or other person submits a bill or invoice indicating a service charge, the total proceeds of such charge shall be remitted to the employees in proportion to the service provided by them. Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars and the court may require such employer or other person to make restitution for any tips or gratuities accepted or retained by him in violation of this section.

Chapter 149: Section 153. Grading work of weavers; imperfections affecting wages; conditions precedent to fines.

Section 153. No system used by manufacturers for grading the work of a weaver shall affect or lessen the wages of the weaver except for imperfections in his own work; and in no case shall the wages of those engaged in weaving be affected by fines or otherwise unless the imperfections complained of are first exhibited and pointed out to the person whose wages are to be affected; and a fine shall not be imposed upon any person for imperfect weaving unless this section is first complied with and the amount of the fines is agreed upon by both parties.

Chapter 149: Section 154. Employer's fine upon weaver for imperfections; violations of statutes.

Section 154. No employer shall impose a fine upon an employee engaged at weaving for imperfections arising during the process of weaving. Whoever violates this or the preceding section shall for the first offense be punished by a fine of not more than one hundred dollars and for a subsequent offence by a fine of not more than three hundred dollars.

Chapter 149: Section 155. Specifications as to work and wages for weavers, frame tenders, warpers, web drawers and operatives paid by the pound.

Section 155. The occupier or manager of every cotton factory shall supply to each person engaged as a weaver in said factory and paid by the piece, cut or yard a printed or written ticket with each warp which shall contain the following specifications as to the work to be done and wages paid: the number of cuts, the number of yards per cut or piece, the price per yard, cut or piece, the number of picks per inch and the number of reeds to the inch. Said occupier or manager shall also supply to each person engaged as a frame tender a specification of the number of roving and price per hank, and to each person engaged as a warper or web drawer a specification of the number of threads in the warp and the rate of compensation, and to each operative paid by the pound a specification of the price to be paid per pound; said specification shall be furnished in each case on a printed or written ticket within three days after said operative begins work.

Chapter 149: Section 157A. Employees paid by piece; tickets stating basis of remuneration; posting statement of amount of pay earned.

Section 157A. Every person operating a factory or workshop shall supply to each employee therein who is paid by the piece, either at the time when such employee starts work or before the particular job or unit of work assigned to him is completed, and in any event before the day on which the next pay roll is calculated, a printed or written ticket, stating the basis of remuneration for the particular operation to be performed by such employee, or, in lieu of supplying such ticket, shall post in such factory or workshop within forty-eight hours after any such employee has completed any particular job or unit of work a statement showing the amount of pay earned thereon by such employee in addition to any hourly, daily or weekly rate, or by such other method as may be approved by the department of labor and workforce development, to which he may be entitled therefor.

Chapter 149: Section 158. Stopped machinery; deductions from wages; making up lost time; penalty.

Section 158. Deductions shall not be made from the wages of persons paid by the day or hour, and employed in the manufacturing or mechanical establishments, while machinery is stopped, if said persons are refused the privilege of leaving the mill while the damage to said machinery is being repaired; and if they are detained in their workrooms during such time they shall not be compelled to make up time lost by such stopping unless compensated therefor at their regular rates of wages. Whoever violates this section shall be punished by a fine of not more than twenty dollars.

Chapter 149: Section 158A. Work without compensation.

Section 158A. Whoever requires or permits any person, as a condition of securing employment, to work in any factory, workshop, manufacturing, mechanical or mercantile establishment without monetary compensation shall be punished by a fine of not more than fifty dollars.

Chapter 149: Section 159. Discharge of employee without notice.

Section 159. A person engaged in manufacturing who requires from his employees, under penalty or forfeiture of a part of the wages earned by them, a notice of intention to leave such employ shall be liable to a like forfeiture, if, without similar notice, he discharges an employee.

Chapter 149: Section 159A. Payment over of tips; sign stating percentage employee retains; regulations; enforcement of statute.

Section 159A. No licensee under chapter one hundred and thirty-eight or chapter one hundred and forty or under any special licensing law, and no holder of a concession on the licensed premises, and no owner or operator of any restaurant, hotel or motel nor any holder of a concession on such premises, shall require any person employed in or upon such premises, or in or upon such part of such premises as is under his control, as the case may be, to check or care for articles of clothing or baggage or to sell cigarettes, cigars, tobacco or other articles of merchandise, to pay over or account for the whole or any portion of the tips or gratuities which are received by the person so employed, unless there is displayed in a conspicuous place, where such service is rendered, in plain view of all persons, a sign upon which shall be stated the percentage of the tips or gratuities given to persons so employed which such persons are permitted to retain, or, if no percentage is permitted to be so retained, that such persons are not permitted to retain any percentage of such tips or gratuities. The department may make, amend, and annul rules and regulations necessary to carry out the purposes of this section, and shall be responsible for its enforcement.

Whoever violates the provisions of this section shall be punished by a fine of not more than one thousand dollars.

Chapter 149: Section 159B. Reimbursement of expenses for medical examinations.

Section 159B. Any employer who requests or requires a person who is a present or prospective employee to undergo a medical examination by a physician designated by the employer, as a condition to securing or continuing in employment, shall reimburse said person for the medical expenses requested or required.

Chapter 149: Section 178A. Wage payment; Employee who dies intestate; Handling of wages or salary due.

Wages or salary not in excess of one hundred dollars, due an employee who dies intestate, may be paid by the employer if thirty days have elapsed since the death of the employee and neither a duly appointed executor or administrator nor a voluntary administrator has made written demand upon the employer for payment and the employer shall not otherwise have actual notice that proceedings relative to the formal or informal settlement of the estate of the employee have been commenced in any probate court, to the surviving husband or wife, or to an adult child of the deceased, or, if the employer is satisfied that there is no surviving husband or wife or adult child, to the surviving father or mother of such employee. Such payment shall be a full discharge of all obligations of the employer in respect to such wages or salary. The term "employee", as used in this section, shall not be construed to include an officer or employee of the commonwealth or of any political subdivision thereof.

Chapter 149: Section 178C. Wage payment, public employment; Event of death of employee; Handling of wages/moneys due.

Whenever any officer or employee or former officer or employee of a political subdivision of the commonwealth other than a county, city or town, dies, and such subdivision owes his estate any sum or sums by reason of the terms of his employment, the aggregate amount of which does not exceed five hundred dollars, and neither a duly appointed executor or administrator nor a voluntary administrator has made written demand for payment upon the treasurer of such subdivision, and such treasurer does not otherwise have actual notice that proceedings relative to the formal or informal settlement of such estate have been commenced in any probate court, such sum or sums may, in the discretion of such treasurer, be paid after the expiration of one month from the death of such officer or employee to the husband, widow or next of kin of such officer or employee. Payments made as provided in this section shall discharge all liability of the subdivision to all persons with respect to such sum or sums.

Chapter 149: Section 27C Penalties for violations of certain sections by employers, contractors, subcontractors or their employees
(a)

(1) Any employer, contractor or subcontractor, or any officer, agent, superintendent, foreman, or employee thereof who willfully violates any provision of section 26, 27, 27A, 27B, 27F, 27G, 27H, 148, 148A or 148B or section 1A, 1B or 19 of chapter 151, shall be punished by a fine of not more than $25,000 or by imprisonment for not more than one year for a first offense, or by both such fine and imprisonment and for a subsequent willful offense a fine of not more than $50,000, or by imprisonment for not more than two years, or by both such fine and such imprisonment.

(2) Any employer, contractor or subcontractor, or any officer, agent, superintendent, foreman or employee thereof who without a willful intent to do so, violates any provision of section 26, 27, 27A, 27B, 27F, 27G, 27H, 148, 148A or 148B or section 1A, 1B or 19 of chapter 151, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than six months for a first offense, and for a subsequent offense by a fine of not more than $25,000 or by imprisonment for not more than one year, or by both such fine and such imprisonment. A complaint or indictment hereunder or under the provisions of the first paragraph may be sought either in the county where the work was performed or in the county where the employer, contractor, or subcontractor has a principal place of business. In the case of an employer, contractor, or subcontractor who has his principal place of business outside the commonwealth, a complaint or indictment may be sought either in the county where the work was performed or in Suffolk county.

[ Paragraphs (1) and (2) of subsection (a) as amended by 2002, 32, Secs. 1 and 2 effective May 19, 2002. For text effective until May 19, 2002, see above.]

(a)

(1) Any employer, contractor or subcontractor, or any officer, agent, superintendent, foreman, or employee thereof, or staffing agency or work site employer who willfully violates any provision of section 26, 27, 27A, 27B, 27F, 27G, 27H, 148, 148A, 148B or 159C or section 1A, 1B or 19 of chapter 151, shall be punished by a fine of not more than $25,000 or by imprisonment for not more than one year for a first offense, or by both such fine and imprisonment and for a subsequent willful offense a fine of not more than $50,000, or by imprisonment for not more than two years, or by both such fine and such imprisonment.

(2) Any employer, contractor or subcontractor, or any officer, agent, superintendent, foreman or employee thereof, or staffing agency or work site employer who without a willful intent to do so, violates any provision of section 26, 27, 27A, 27B, 27F, 27G, 27H, 148, 148A, 148B or 159C or section 1A, 1B or 19 of chapter 151, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than six months for a first offense, and for a subsequent offense by a fine of not more than $25,000 or by imprisonment for not more than one year, or by both such fine and such imprisonment. A complaint or indictment hereunder or under the provisions of the first paragraph may be sought either in the county where the work was performed or in the county where the employer, contractor, or subcontractor has a principal place of business. In the case of an employer, contractor, or subcontractor who has his principal place of business outside the commonwealth, a complaint or indictment may be sought either in the county where the work was performed or in Suffolk county.

(3) Any contractor or subcontractor convicted of willfully violating any provision of section 26, 27, 27A, 27B, 27F, 27G or 27H shall, in addition to any criminal penalty imposed, be prohibited from contracting, directly or indirectly, with the commonwealth or any of its agencies or political subdivisions for the construction of any public building or other public works, or from performing any work on the same as a contractor or subcontractor, for a period of five years from the date of such conviction. Any contractor or subcontractor convicted of violating any provision of section 26, 27, 27A, 27B, 27F, 27G or 27H shall, in addition to any criminal penalty imposed, be prohibited from contracting, directly or indirectly, with the commonwealth or any of its agencies, authorities or political subdivisions for the construction of any public building or other public works or from performing any work on the same as a contractor or subcontractor, for a period not to exceed six months from the date of such conviction for a first offense and up to three years from the date of conviction for subsequent offense. After final conviction and disposition of a violation pursuant to this paragraph in any court, the clerk of said court shall send a notice of such conviction to the attorney general, who shall send written notice to all departments and agencies of the commonwealth which contract for public construction and to the appropriate authorities of counties, authorities, cities and towns that such person is prohibited from contracting, directly or indirectly, with the commonwealth or any of its authorities or political subdivisions for the period of time required under this paragraph. The attorney general may take such action as may be necessary to enforce the provisions of this paragraph, and the superior court shall have jurisdiction to enjoin or invalidate any contract award made in violation of this paragraph.

(b)

(1) As an alternative to initiating criminal proceedings pursuant to subsection (a), the attorney general may issue a written warning or a civil citation. For each violation, a separate citation may be issued requiring any or all of the following: that the infraction be rectified, that restitution be made to the aggrieved party, or that a civil penalty of not more than $25,000 for each violation be paid to the commonwealth, within 21 days of the date of issuance of such citation. For the purposes of this paragraph, each failure to pay an employee the appropriate rate or prevailing rate of pay for any pay period may be deemed a separate violation, and the pay period shall be a minimum of 40 hours unless such employee has worked fewer than 40 hours during that week.

(2) Notwithstanding the foregoing, the maximum civil penalty that may be imposed upon any employer, contractor or subcontractor, who has not previously been either criminally convicted of a violation of the provisions of this chapter or chapter 151 or issued a citation hereunder, shall be no more than $15,000, except that in instances in which the attorney general determines that the employer, contractor or subcontractor lacked specific intent to violate the provisions of this chapter or said chapter 151, the maximum civil penalty for such an employer, contractor or subcontractor who has not previously been either criminally convicted of a violation of the provisions of this chapter or said chapter 151 or issued a citation hereunder shall be not more than $7,500. In determining the amount of any civil penalty to be assessed hereunder, said attorney general shall take into consideration previous violations of this chapter or said chapter 151 by the employer, the intent by such employer to violate the provisions of this chapter or said chapter 151, the number of employees affected by the present violation or violations, the monetary extent of the alleged violations, and the total monetary amount of the public contract or payroll involved.

(3) In the case of a citation for violating any provision of section 26, 27, 27A, 27B, 27F, 27G or 27H, the attorney general may also order that a bond in an amount necessary to rectify the infraction and to ensure compliance with sections 26 to 27H, inclusive, and with other provisions of law, be filed with said attorney general, conditioned upon payment of said rate or rates of wages, including payments to health and welfare funds and pension funds, or the equivalent payment in wages, on said public works to any person performing work within classifications as determined by the commissioner. Upon any failure to comply with the requirements set forth in such citation, said attorney general may order the cessation of all or the relevant portion of the work on the project site. In addition, any contractor or subcontractor failing to comply with the requirements set forth in such citation or order, shall be prohibited from contracting, directly or indirectly, with the commonwealth or any of its agencies or political subdivisions for the construction of any public building or other public works, or from performing any work on the same as a contractor or subcontractor, for a period of one year from the date of issuance of such citation or order. Any contractor or subcontractor who receives three citations or orders occurring on three different occasions, each of which includes a finding of intent, within a three year period shall automatically be debarred for a period of two years from the date of issuance of the third such citation or order. Any debarment hereunder shall also apply to all affiliates of the contractor or subcontractor, as well as any successor company or corporation that said attorney general, upon investigation, determines to not have a true independent existence apart from that of the violating contractor or subcontractor.

(4) Any person aggrieved by any citation or order issued pursuant to this subsection may appeal said citation or order by filing a notice of appeal with the attorney general and the division of administrative law appeals within ten days of the receipt of the citation or order. Any such appellant shall be granted a hearing before the division of administrative law appeals in accordance with chapter 30A. The hearing officer may affirm, vacate, or modify the citation or order. Any person aggrieved
by a decision of the hearing officer may file an appeal in the superior court pursuant to the provisions of said chapter 30A.

(5) In cases when the decision of the hearing officer of the division of administrative law appeals is to debar or suspend the employer, said suspension or debarment shall not take effect until 30 days after the issuance of such order; provided, however, that the employer shall not bid on the construction of any public work or building during the aforementioned 30 day period unless the superior court temporarily enjoins the order of debarment or suspension.

(6) If any person shall fail to comply with the requirements set forth in any order or citation issued by the attorney general hereunder, or shall fail to pay any civil penalty or restitution imposed thereby within 21 days of the date of issuance of such citation or order or within 30 days following the decision of the hearing officer if such citation or order has been appealed, excluding any time during which judicial review of the hearing officer's decision remains pending, said attorney general may apply for a criminal complaint for the violation of the appropriate section of this chapter.

(7) Notwithstanding the provisions of paragraph (6), if any civil penalty imposed by a citation or order issued by the attorney general remains unpaid beyond the time period specified for payment in said paragraph (6), such penalty amount, together with interest thereon at the rate of 18 per cent per annum, shall be a lien upon the real estate and personal property of the person who has failed to pay such penalty. Such lien shall take effect by operation of law on the day immediately following the due date for payment of such fine, and, unless dissolved by payment, shall as of said date be considered a tax due and owing to the commonwealth, which may be collected through the procedures provided for by chapter 62C. In addition to the foregoing, no officer of any corporation which has failed to pay any such penalty may incorporate or serve as an officer in any corporation which did not have a legal existence as of the date said fine became due and owing to the commonwealth.

(c) Civil and criminal penalties pursuant to this section shall apply to employers solely with respect to their wage and benefit obligations to their own employee