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Prevailing Wage Law: An Understanding of the Davis-Bacon Act

Failure to comply with the Davis-Bacon Act can have dire consequences - be sure you are compliant.

Federal public works contractors often do not understand the requirements for complying with the Davis-Bacon Act when bidding on and performing federal public works contracts and the consequences of noncompliance. It is imperative to ensure you are compliant. Alleged violations of wage and hour laws have become a major source for the new wave of employment class actions, which often result in hundreds of thousands of dollars of recoverable damages and attorneys' fees awarded to the successful litigants and their attorneys - in addition to the substantial amount of legal fees and administrative costs incurred by employers in defending these actions. The U.S. Department of Labor has become increasingly vigilant in their investigation and enforcement of federal wage and hour laws. Federal legislation and Executive Orders impose prevailing wage and employment law compliance requirements that will result in increased enforcement by the federal government. In addition, the Fair Pay and Safe Workplaces Executive Order imposes additional disclosure and compliance obligations by contractors and government agencies in awarding federal public works contracts to ensure that only 'responsible' contractors with a satisfactory record of integrity and business ethics are eligible for federal public works contacts, and provides for the potential 'blacklisting' of contractors who have a history of noncompliance with a variety of federal and analogous labor and employment laws. You will be provided with the information you need to understand the specific requirements of the Davis-Bacon Act, when it applies, and the process necessary to ensure compliance and avoid enforcement actions and potential penalties. Failure to comply with the Davis-Bacon Act can have dire consequences, including debarment and the loss of a major source of business, in addition to the exposure to substantial damages and attorneys' fees. This timely topic will enable you to ensure you are satisfying the Davis-Bacon Act when competing for and performing federal public works contracts.

Runtime: 98 minutes

The Davis-Bacon Act is one of several federal statutes that apply to and govern contracts entered into between the United States or the District of Columbia and private contractors and subcontractors.

Enacted in 1931 to protect local communities and workers from the economic disruption caused by competition arising from non-local contractors coming into an area and obtaining federal construction contracts by underbidding local wage levels.

The Davis Bacon Act Requires that each contract for construction, alteration or repair of public buildings or public works for which advertised specifications are for an amount in excess of $2,000 include language requiring contractor/subcontractor:

– To pay all laborers and mechanics employed on site of the work a minimum “prevailing wage rate not less often than once a week

• The minimum “prevailing wage rate” is established by U.S. Dept. of Labor through surveys to determine the “prevailing” wage rates paid for similar work on other projects in geographic area where project is located.

– To maintain and submit certified payroll records to the contracting agency, reflecting payment of the required wages and fringe benefits to construction workers on the covered project.

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Agenda

Overview

  • The Impact of Federal Stimulus Funds Provided Under the American Recovery and Reinvestment Act of 2009
  • What Is the Davis-Bacon Act?
  • Other Applicable Federal Employment Laws
  • Key Differences Between the Davis-Bacon Act and State Prevailing Wage Laws

Coverage of the Davis-Bacon Act

  • Federal Public Works Contracts
  • Construction, Alteration or Repair
  • Site of the Work
  • Contractors and Subcontractors Covered
  • Work Performed by Employees of the Public Entity or Awarding Body
  • Laborers and Mechanics; Truck Drivers
  • Apprentices, Helpers and Trainees

Compliance Requirements

  • The Davis-Bacon Act Stipulations
  • State Prevailing Wage Law Differences
  • Payment of the Prevailing Wage Rate
  • Classifications of Work and the Conformance Process for Missing/Additional Classifications
  • Components of the Prevailing Wage: The Basic Wage and Fringe Benefit Rate(s)
  • Bona Fide Fringe Benefits and Self-Funded Benefits
  • Computation of Wages and Fringe Benefits Paid/Provided to Workmen
  • Recordkeeping and Certified Payroll Records

Enforcement and Investigation

  • DOL; Awarding Body; State Agencies
  • Private Right of Action

Penalties

  • Unpaid Prevailing Wages
  • Termination of Contract and Liability for Excess Costs
  • Debarment; Other Potential Remedies

New Developments

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OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on September 11, 2018.

Call 1-866-352-9540 for further credit information.

  • ASA 1.5
     
  • This program qualifies for 1.5 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     
  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.6
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.6 hours credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.6
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 95 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.62
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.62 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Van Allyn Goodwin, Esq.

Van Allyn Goodwin, Esq.

Littler Mendelson P.C.

  • Senior shareholder, Littler Mendelson P.C.
  • Practice emphasizes all aspects of employment and labor relations law
  • Regularly conducts seminars and workshops on emerging employment law topics, including wage and hour (including prevailing wage laws), leaves of absence, employee handbooks and policies, wrongful termination, sexual harassment, employment discrimination and labor relations law
  • Author of several publications related to the areas of wage and hour law, including prevailing wage and public works contracts
  • San Diego Super Lawyers, 2016-2017; Southern California Super Lawyers, 2014-2015; Named Top Rated Lawyer for Labor & Employment Law by The American Lawyer & Martindale-Hubbell™, 2013 and 2015; Named Top Lawyer by San Diego magazine, 2013-2017
  • Admitted to practice before all courts in the State of California and the United States Supreme Court
  • Member of the State Bar of California, 1980
  • J.D. degree, University of San Diego School of Law; B.A. degree, California State University, Long Beach, magna cum laude
  • Can be contacted at [email protected] or (619) 515-1803
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Product ID: 404052
Published 2018
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