What is the Davis-Bacon Act?
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 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. More info here.
What is the Prevailing Wage Law?
There are a number of states that have “Little Davis Bacon Acts” or state prevailing wage mandates. The states that have their own prevailing wage law direct their state’s Department of Labor to determine the locally prevailing wage rates. A state’s prevailing wage rates could be different than the Davis-Bacon rates for federal projects. Connecticut’s prevailing wage law is codified in Connecticut General Statutes Section Section 31-53 and 31-53a. The law applies to each contract for the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project by the State or its agents, or by any political subdivision of the State.
Who can I contact if I think I did not receive the prevailing wage?
If you did not receive the correct rate of pay for work performed on a public prevailing wage project in Connecticut, you can contact the Foundation for Fair Contracting of CT at 860-667-7727; or, the Connecticut Department of Labor’s (CT DOL) Wage and Workplace Standards Division at 860-263-6000. The FFC can assist you with reviewing documents and filing a complaint with the DOL, if there is cause.
Who can I contact if I think I did not receive the Davis-Bacon Wage wage?
If you did not receive the correct rate of pay for work performed on a federally funded project in Connecticut, you can contact the Foundation for Fair Contracting of CT at 860-667-7727; or, the U.S. Department of Labor’s (U.S. DOL) Wage and Hour Division’s Hartford Office at 860-240-4160. Or, you can contact their New Haven office at 203-773-2249. The FFC can assist you with reviewing documents and filing a complaint with the U.S. DOL, if there is cause.
How can an employee find out what the prevailing wage rate is for a particular project?
The law requires prevailing wage rates to be posted in a conspicuous place on all public construction sites. To obtain the rates on a particular project, you may contact the awarding authority for the prevailing wage rate schedule. Prevailing wage rates may vary from project to project. Contact the FFC to learn more.
Does the prevailing wage apply to employees of a sub-contractor?
Yes. All workers performing public works construction on a site, with the exception of those performing strictly supervisory functions, must be paid the prevailing wage.
Does the prevailing wage apply to truck drivers hauling gravel and fill to and from the public works project?
Are contractors allowed to use apprentices on a prevailing wage project?
Yes. The contractor may use apprentices if the contractor is participating in an apprenticeship program which is registered with the Division of Apprenticeship Training, and if the apprentice is registered with the program and the Division.
Can an employer deduct money from the prevailing wage rate for a health, welfare and pension plan that an employee does not want?
Yes. If the plan is bona fide, the contractor can make the deductions. For further information about validity of benefit plans, contact the U.S. Attorney General Regulated Industries Division at 617-727-2200 x 3466 or the U.S. Department of Labor, Pension Welfare and Benefits Administration at 617-565-9600.
Is an employer engaged in public works construction required to file certified payroll records with the owner/awarding authority?
Yes. All contractors and subcontractors are required to file weekly certified payroll records with the owner/awarding authority. These certified records must include each employee’s name, address, occupational classification, hours worked and wages paid.