26 DAVIS-BACON & OTHER LAWS Federal Labor Standards 101

27 Davis-Bacon Act (DBA) Copeland Act (Anti-Kickback Act) Contract Work Hour and Safety Standards Act Davis-Bacon Related Acts (DBRA) See 29 CFR Parts 1,3,5,6,7

28 DAVIS-BACON ACT Enacted in 1931, amended in 1935 & 1964 Federal construction contracts over $2,000 Applies to all laborers & mechanics Includes alteration, repair, painting & decorating

29 DAVIS-BACON ACT Establishes prevailing wage rates Requires that workers be paid weekly Is “site-based” Usually applied through the “Related acts”

30 COPELAND ACT Enacted in 1934 Prohibits “Kick-backs” of pay Requires certified weekly payrolls Regulates payroll deductions from wages

31 CONTRACT WORK HOURS & SAFETY STANDARDS ACT Enacted in 1962 Overtime for all work in excess of 40 hrs/week on a covered project Applies to contracts > $100,000 

32 CONTRACT WORK HOURS & SAFETY STANDARDS ACT Requires the assessment of liquidated $10 per day per violation Intentional violations = federal criminal misdemeanor

33 CONTRACT WORK HOURS & SAFETY STANDARDS ACT Does not apply to contracts < $100K However, through Federal Labor Standards Act, overtime will probably be applicable

34 FAIR LABOR STANDARDS ACT (Enforced by the Dept. of Labor) Enacted in 1938 Established Federal minimum wage rates Established maximum working hours Established minimum ages for workers HUD will refer FLSA matters to the DOL

why doesn’t the Department of Labor enforce them instead of HUD? So, if Congress passed all these Labor laws,

36 REORGANIZATION PLAN 14 Executed March 13, 1950 Provides uniform approach to enforcement DOL coordinates administration of labor stds Gives Federal Agencies primary responsibility

37 Code of Federal Regulations (CFR) - Title 29 Pt 1 – Determination of wage decisions Pt 3 – Copeland Act requirements Pt 5 – Labor standards provisions for contracts Pt 6 – Administrative proceedings Pt 7 – Practice before the Admin. Review Board