Davis-Bacon and Related Acts

Overview

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 or District of Columbia 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.

For prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to DBA-covered contracts.

History

Protecting Wage Equality Since 1931

Since its enactment in 1931, the Davis-Bacon Act (DBA) has provided critical wage protections for construction workers and has guaranteed a level playing field for construction contractors bidding on federal projects.

The federal government constructs buildings, builds dams, and funds housing projects. State highway departments pave roads with federal funds from the Federal Highway Administration. Local and state governments build water treatment plants, modernize schools, and renovate airports with the support of federal funds.

The DBA ensures that construction workers on federal or federally assisted construction projects will not see their wages and benefits undercut by government spending practices. The DBA exists to prevent the infusion of federal dollars into local communities from depressing local wages. DBA provides a wage floor that protects construction workers’ pay, and sets a level playing field for contractors who are bidding on federally funded projects. As important, these standards enable local contractors and their employees to compete for local projects by protecting against under-bidding by contractors from other areas who might import workers or offer the same jobs for less pay.

Compliance Issues - Davis Bacon and Related Acts

Base/fringe rate was deficient
Overtime rate is deficient
Apprentice certificate not on file
The apprentice rate is not on file
A required Holiday Pay was not detected
Primary rate not found
Forty hours of regular time exceeded
No rates were found for this Apprentice Level
Paycheck gross is less than earnings gross
Base rate + Fringe is less than determination rate on a paid-to-plan entry
No Apprentice/Trainee Certificate on file
Apprentice/Trainee Certificate start date is later than the payroll start date
Apprentice/Trainee Certificate end date is eariler than the payroll end date
Apprentice/Trainee approval date is after payroll start date
Journeyman not present while an apprentice was working
Apprentice/Trainee Ratio deficient
Apprentice/Trainee Certificate not approved
More than 40 regular hours detected for the same SSN
Matching SSN found with different employee info
Employee data is incomplete
Overtime rate was less than 150% of the required rate
This rate is pending approval by the D.O.L.
The SF1444 for this workclass was disapproved.
Hours over 8 must be double time when there is seven consecutive work days.
Hours over 8 must be paid as overtime.
Hours over 12 must be paid as doubletime.
Hours over 40 must be double time when there is seven consecutive work days.
No Federal Taxes were paid on this payroll record.
Employee has no SSN on record.
Base rate + Fringe is less than determination base rate on a paid-to-plan entry
Straight Time Fringe rate is deficient
Overtime Fringe rate is deficient
Straight Time Base rate is deficient
Overtime Base rate is deficient
Saturday and Sunday work must be paid as overtime
Cash Fringes must be paid at the same rate for all Hours worked
Discrepancy Between the Daily Time Sheets and the Certified Payroll
Double Time Rate not 200% of Base
Overtime Rate plus Fringes is less than Wage Determination
ST Base + Fringes is Less Than Wage Determination Base + Fringes
Base Rate Exception has been selected but rate still below Wage Determination
%Day% Must Be Paid at %OTDT%
%Day% Must Be Paid at %OTDT%
Saturday Must Be Paid At Double Time Rates
Sunday Must Be Paid at Time and 1/2
Missing A Required Document %DocumentType%
Missing A Required Fringe 
Base/fringe rate was deficient on 
Overtime rate is deficient on :
Primary rate not found on 
No rates were found for this Apprentice Level on 
Base rate + Fringe is less than determination rate on a paid-to-plan entry on 
Overtime rate was less than 150% of the required rate on 
Base rate + Fringe is less than determination base rate on a paid-to-plan entry on
Straight Time Fringe rate is deficient on : 
Overtime Fringe rate is deficient on : 
Straight Time Base rate is deficient on : 
Overtime Base rate is deficient on 
Overtime Rate plus Fringes is less than Wage Determination on 
ST Base + Fringes is Less Than Wage Determination Base + Fringes on 
Base Rate Exception has been selected but rate still below Wage Determination on 

 

For complete information regarding the Davis Bacon and Related Acts, please visit: https://www.dol.gov/whd/govcontracts/dbra.htm