Building Automation Service technicians and the Prevailing Wage Law

Minimum Wage Opinion Letter 08-25-05

August 24, 2005

I am writing in response to your request for this Office's written opinion regarding the applicability of the
Massachusetts Prevailing Wage Law, G.L. c. 149, §§26-27. Specifically, you have asked for confirmation that
the Prevailing Wage Law does not apply to Building Automation Service (BAS) Technicians employed by
XXXX Company.

Your request included a position description for a "Controls Technician," which you have indicated is the
appropriate explanation of job duties for a BAS Technician. As is the case with most position descriptions, the
duties listed vary in both the level of detail and the type of activity. The position description you provided
includes duties that are clearly not prevailing wage work such as "provides sales leads to appropriate
personnel," or "maintaining files." However, there are other duties listed such as "[r]esponsible for end-to-end
testing, downloading programming, starting up, and commissioning on assigned projects" which may include
work subject to the prevailing wage law. As is always the case, it is necessary to evaluate the particular tasks
performed on a specific work site. This Office has consistently taken the position that testing in connection with
an installation or repair project requires the payment of prevailing wage rates. However, prevailing wages are
not required for routine testing not associated with installation, alteration, or repair work. (See attached letter to
YYYY, dated May 17, 2005.)

I hope this information has been helpful. If you have any further questions, please feel free to contact me.

Sincerely,
Lisa C. Price
Deputy General Counsel