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Davis-Bacon Act & DBRA

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)

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Davis-Bacon Act & DBRA

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  1. 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

  2. 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

  3. 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

  4. How to Contact Us… • Visit the WHD homepage at: www.dol.gov/dol/esa/public/whd_org.htm • Visit the Division’s “We Can Help” site at: http://www.dol.gov/wecanhelp/ • Call us at 1-866-4US-WAGE (487-9243) • Call or visit the nearest Wage and Hour Division Office

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