U.S. Department of LaborEmployment Standards Administration

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

U.S. Department of LaborEmployment Standards Administration

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

U.S. Department of LaborEmployment Standards Administration

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

U.S. Department of LaborEmployment Standards Administration

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