When does the Davis-Bacon and Related Acts apply to contracts?

DBRA requires payment of prevailing wages on federally funded or assisted construction projects.

The Davis-Bacon Act applies to each federal government or District of Columbia contract in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works.

I’m following the required pay and fringe benefits for DBA/DBRA coverage. Does this mean I’m compliant with all labor laws?

Although the DBA has specific requirements when it comes to work classification(s), pay rate(s), fringe benefits, apprentices and OT (CWHSSA), being in compliance with the DBA does not mean you are in compliance with all other local, state, and federal wage and hour laws.

Do Foreman qualify as a “laborer or mechanic” on a DBA/DBRA coverd project?

When it comes to Foreman ther are typically 2-types, working and non-working. Working foremen who devote more than 20% of their time during a workweek to “mechanic or laborer duties“, and who do not meet the exemption
criteria of 29 C.F.R. Part 541, are laborers and mechanics for the time so spent. The working foreman is due the applicable rate listed in the contract wage determination for the hours spent as a laborer or mechanic.

I employ workers who are new and do not posess the skills of a Journeyman. Can I pay them less than the required rate/fringe for that classification or pay them as a “laborer”?

As a general rule, Individuals who meet the definition of, “a person employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship” may be employed as apprentices on DBRA projects at a rate less than the prevailing wage on the wage determination. However there are several other scenarios in which one can be paid as a helper or apprentice. It is also important to note that workers must be correctly classified and paid according to the work they perform. Someone perfoming the duties of a Carpenter on a “covered” project may not be paid Laborer rates for those duties due to lack of qualifications.

How do I pay Overtime when an employee works in 2 or more classifcations or between a covered and non-covered project in the same work week?

Under the FLSA (Fair Labor Standards Act), employees must receive at least the minimum wage and may not be employed for more than 40 hours in a week without receiving at least one and one-half times their regular rates of pay for the overtime hours. Overtime may be paid in several different ways that still meet compliance with both CWHSSA and the FLSA.