mardi 18 septembre 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 outlining employee rights must be posted on site in a conspicuous place. A pay determinations list must also be posted. Contractors are required to maintain payroll records for their employees for the term of the contract and for a period of three years after the contract. Contractors are required to keep specific information in the records.

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.

All the money deducted from weekly pay checks must be itemized. Detailed information regarding fringe benefit plans and programs must be included. If you hire trainees or apprentices, the program registration information has to be part of their records.

During the course of the contract, the contracting agent must receive a weekly payroll report with all the required information included. For these reports, the contractor does not have to provide the Social Security number or home address, but must include the four digit identifying number. The report must be signed by the contractor, or authorized representative, and submitted within a week of the payroll period being reported.

Any deviation from this law is subject to significant penalties. The contract can be terminated immediately. Debarment for a period of three years may be initiated. Payments for work completed can be withheld from the contractor until delinquent wages and penalties are satisfied.




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