U.S. Department of Labor Employment Standards Administration Davis-Bacon Act & DBRA Enacted in 1931; amended in 1935 and 1964 Protects communities and workers from non-local contractors underbidding local wage levels Examples of DBA Projects: VA hospital; Federal office building) Examples of DBRA Projects: HUD - assisted housing construction project; EPA - assisted water treatment plant construction project ARRA is most recent Related Act
U.S. Department of Labor Employment Standards Administration DBRA Requirements Applies to “laborers” and “mechanics” of contractors and subcontractors Performing work on the “site of the work” Must be paid not less often than weekly Wage scale must be posted at the job site Prevailing wage rate: basic hourly rate + fringe benefits DOL wage determination and classification dictate rates to be paid Tools of trade dictate proper classification Fringes due on all hours worked, including overtime hours Fringes satisfied by paying cash or providing equivalent benefits
U.S. Department of Labor Employment Standards Administration Common DBRA Findings Misclassification as laborers Failure to pay for all hours worked Apprentice and trainee ratio imbalances Failure to satisfy fringe benefit requirements Unauthorized payroll deductions Misclassification of workers as exempt employees or independent contractors
U.S. Department of Labor Employment Standards Administration How to Contact Us… Visit the WHD homepage at: Visit the Division’s “We Can Help” site at: Call us at US-WAGE ( ) Call or visit the nearest Wage and Hour Division Office