Where 25 citations were issued by the Fair Labor Division of the Attorney General’s Office, two of those citations must be vacated because all of the conduct underlying them occurred more than three years before the citations were issued, while two others must be modified because part of the conduct underlying them occurred more than three years before they were issued.
“This is an appeal from twenty-five citations issued to the petitioners by respondent the Office of the Attorney General, Fair Labor Division (division). The citations allege violations of the prevailing wage law, including its record-keeping provisions, plus violations of the statutory obligation to produce records to the division upon request. …
“Among other defenses, the petitioners maintain that four citations are wholly or partly time barred. …
“For the reasons that follow, the petitioners’ statute of limitations defense is meritorious. …
“Petitioner Rochester Bituminous Products, Inc. (Rochester) is a construction and paving company. The individual petitioners hold or have held positions at that company. Rochester’s business includes public works projects governed by the prevailing wage law, G.L.c. 149, §§26-27C. …
“Two of the twenty-five citations, nos. 15 and 27, arise from alleged conduct in January through September of 2018, i.e., more than three years before the citations were issued. Two other citations, nos. 16 and 26, arise from alleged conduct in October 2018 through December 2019, i.e.,...
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