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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. The failure to comply with the Davis-Bacon Act can have dire consequences, both monetarily and for purposes of continued opportunities to perform work on federal public works project. It is, therefore, 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, and in many cases millions 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. Recently enacted federal legislation, Executive Orders issued by the Obama Administration involving the use of federal stimulus monies and loan guarantees by various federal agencies 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: 95 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

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This course was last revised on March 22, 2017.

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  • AK ENG 1.5
     
  • This Ondemand program is applicable for professional development hours through the Alaska State Board of Registration for Architects, Engineers and Land Surveyors. Professional development hours: 1.5. *Please check the rules and requirements in your state for compliance.
     
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  • This Ondemand program is applicable for CPE credit. *The New Hampshire State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
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  • This Ondemand program is applicable for CPE credit.*The Nevada State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
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  • Lorman Business Center, Inc. has registered with the Texas State Board of Public Accountancy as a CPE Sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE Program. This program qualifies for 1.5 hours of continuing professional education.
     
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  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • 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.
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Why Lorman?

Over 30 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: 399984
Published 2017
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