Davis-Bacon and Related Acts Overview
The Davis-Bacon and Related Acts, apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. The Davis-Bacon Act applies to contractors and subcontractors performing work on federal or District of Columbia contracts. The Davis-Bacon Act prevailing wage provisions apply to the “Related Acts,” under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance.
For prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to DBA-covered contracts.
Davis-Bacon Act Poster Details
Every employer performing work covered by the labor standards of the Davis-Bacon and Related Acts must post a notice (including any applicable wage determination) at the site of the work in a prominent and accessible place where it may be easily seen by employees.
The Davis-Bacon Act poster covers the following:
- Prevailing Wage requirement
- Overtime pay requirement and calculation
- Enforcement measures including:
- withholding of contract payments to ensure workers receive wages and overtime pay due,
- liquidated damages may apply if overtime pay requirements are not met,
- contract termination and debarment of contractors from future federal contracts for
up to three years, - civil or criminal prosecution fines and/or imprisonment for falsification of certified payroll records or inducing wage kickbacks
- Employee protection from retaliation
- Apprentice pay requirements
- Contracting Officer contact information for reporting proper pay violations or obtaining information
- US DOL contact information