Tuesday 18 September 2018

The Davis-Bacon Act Governs Prevailing Wage Contractors And What They Pay Laborers

By Robert Green


There is big money to be made with government contracts. Construction companies that win bids can see profits increase significantly when a job is on time, within the budget, and in compliance with the Davis-Bacon Act. If you have been awarded a project with a projected cost of more than two thousand dollars, the employees you hire must be paid wages that are in line with what other workers in the area are getting for similar jobs. Prevailing wage contractors must comply with this law or be subject to all kinds of penalties and sanctions.

This law states that the wages laborers and mechanics receive, when they are working on the job site, have to be at least as high as they would receive if they were working for a contractor in the private sector. This includes fringe benefits. The agreement you sign with the contracting agency must include labor standards clauses and a list of pay rates for laborers. You can hire trainees and apprentices and pay them less than the standard rate, but only if they have registered for apprentice and trainee programs with the Labor Department.

Laborers must receive weekly pay checks, and the contracting agency must receive weekly payroll reports. If you are awarded a prime contract, which is one where the cost exceeds one hundred fifty thousand dollars, you need to pay workers time and a half for all hours they work beyond the regular weekly forty hours. If you fail to follow these regulations, there may be complaints lodged against you and registered with the Department of Labor's Wage and Hour Division.

A poster describing employee rights must be posted at the job site in a location where it is clearly visible. The contractor must also post a list of pay determinations. Payroll records, and any other pertinent records, have to be maintained for the length of the contract and for a three year period afterward. The Davis-Bacon Act is specific about what information must be logged.

The contractor must have the name, address, and Social Security number of each covered employee. The records must include the laborer's job description, pay rate, and contributions to fringe benefits. The number of hours worked each day and week is required.

Every deduction taken must be included in the records. Detailed information regarding the fringe benefit plans and programs must be included. If you hired trainees and apprentices, you must include their registration information in their records.

Each week the contractor has to send the contracting agent a payroll report containing all the required information. Home addresses and Social Security numbers are not required, but the four number identifying numbers must be included. The contractor, or a representative of the company, must sign each report. Reports have to be in the hands of the contracting agent within 7 days of the reported pay period.

Contractors who don't follow the Davis-Bacon Law face significant penalties. They may be debarred from bidding on contracts for three years. The contracting agency can withhold payments due the contractor until all penalties and delinquent payments have been satisfied.




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