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Order: Be it herby ordained that Chapter 4 of the revised Ordinances of 1991 by further amended by adding Section 4.43 to Prevent Wage Theft by Public Contractors.
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Whereas, wage theft is defined as the improper withholding of payment to employees and the failure to pay employees according to required schedules, and
Whereas, instances of wage theft most often involve employers paying less than the minimum, contract, or prevailing wage, not paying for all hours worked, or not paying overtime for hours exceeding 40 hours, and
Whereas, in 2018 the Attorney General's office secured more than $2.7 million in penalties and restitution for over 1000 workers who were victims of wage theft,
Therefore, by it Ordained by the City Council of Malden that Chapter 11 Revised Ordinances of 1991, Chapter 4 be amend by adding Section 4.43 with the following language necessary to Prevent Wage Theft by Public Contractors
Section 4.43 Prevention of Wage Theft by Public Contractors
(a) The following certification shall be incorporated by the City of Malden and adopted as a required standard in regards to all bids and proposals for the provision and delivery of services within the city, and shall apply to every new contract and every renewal term of a contract entered after January 1, 2020:
"The Contractor certifies that neither it nor any of its subcontractors have been subject to a federal or state criminal or civil judgment, administrative citation, final administrative determination, order or debarment resulting from a violation of M.G.L. c. 149, M.G.L. c. 151, the Fair Labor Standards Act or any other state or federal laws regulating the payment of wages within three years prior to the date of the contract; or certifies that it has provided copies of any and all of the above to the city prior to the date of the contract and any required wage bond or insurance; and certifies that while the contract is in effect, it will report any instance of the above to the city...
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