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Federal construction projects come with complex wage and fringe benefit requirements.
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Learn more about Davis Bacon Act
What is the Davis-Bacon Act?
The Davis-Bacon Act is a federal law enacted in 1931 that requires contractors and subcontractors performing work on federally funded or assisted construction projects to pay their laborers and mechanics prevailing wages and fringe benefits.
Who is covered by the Davis-Bacon Act?
The Davis-Bacon Act covers contractors and subcontractors engaged in construction, alteration, or repair work on federally funded or assisted projects exceeding $2,000.
What types of construction projects does the Davis-Bacon Act apply to?
The Davis-Bacon Act applies to construction projects funded directly or indirectly by the federal government, including buildings, highways, bridges, dams, and other public works.
What are prevailing wages, and how are they determined under the Davis-Bacon Act?
Prevailing wages are the hourly wage rates, including fringe benefits, paid to the majority of workers in a particular locality, classification, or type of construction. These rates are determined by the U.S. Department of Labor based on surveys of wages paid in the area.
Who sets the prevailing wage rates for Davis-Bacon Act projects?
Prevailing wage rates are determined and published by the U.S. Department of Labor's Wage and Hour Division.
What are the requirements for contractors and subcontractors under the Davis-Bacon Act?
Contractors and subcontractors must pay workers on covered projects no less than the prevailing wage rates and provide proper record-keeping, reporting, and compliance with all other provisions of the Act.
How does the Davis-Bacon Act impact federal construction contracts?
The Davis-Bacon Act requires that contractors and subcontractors on federally funded or assisted construction projects pay prevailing wages to their employees, ensuring fair compensation and labor standards.
Are there any exemptions to the Davis-Bacon Act?
Certain types of projects and contracts are exempt from the Davis-Bacon Act, including contracts below $2,000, residential projects, and contracts primarily for materials.
What are the penalties for non-compliance with the Davis-Bacon Act?
Penalties for non-compliance with the Davis-Bacon Act may include withholding of contract payments, contract termination, debarment from future federal contracts, and legal action.
How can contractors and workers file complaints or report violations of the Davis-Bacon Act?
Complaints or violations of the Davis-Bacon Act can be reported to the U.S. Department of Labor's Wage and Hour Division for investigation and enforcement.
Are fringe benefits included in the prevailing wage rates mandated by the Davis-Bacon Act?
Yes, fringe benefits, such as health insurance, retirement plans, and vacation pay, are included in the prevailing wage rates established by the Davis-Bacon Act.
What documentation and record-keeping requirements are necessary to comply with the Davis-Bacon Act?
Contractors and subcontractors must maintain accurate records of wages paid, hours worked, and fringe benefits provided to employees working on Davis-Bacon Act projects, which may be subject to inspection by federal agencies.